City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 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 March 21, 2019 at the regular meeting place of the City Council. Councilman Ray delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). 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, Human Resource Director Charlette Nelson, Animal Control Manager Hedi De Jong, Martin Cass, Finance Director Cheryl Erkel, Parks & Recreation Marketing & Public Relations Manager Marlo Jackson, Planning Commission Chairman Jim Moore, Lida Feller, Dejuana Sipes, Craig Friedman, Kimberly Lett, Keith Weber, Tim Mistric, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of February 21, 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 Twitty that the minutes of the regularly scheduled City Council meeting of 24 January 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Sansing to approve the Regular Monthly Report for February 2019. Code Enforcement for February 2019 Assigned Calls 141 Self-Initiated Calls 247 Follow ups 433 Structures Inspected 3 Meetings/Court Hearings 1 Rentals Inspected 12 Warnings Issued 98 Properties Red Tagged 0 Tickets Issued 0 Search Warrants Served 0 Notice/Letters written 116 Structures Rehabbed 0 Vehicles Tagged 8 Structures Condemned 0 Vehicles Towed 0 Houses Demolished by City 1 Lots posted 0 Houses Demolished by Owner 1 Signs removed 111 Parking Violations 109 Trash cans tagged 3 Grass Letters 0 Basketball Goals 4 Grass Mowed 0 Business License Issued 7 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for February 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for February 2019 from the Jacksonville Fire Department, reflecting a fire loss of $11,500.00 and a savings total of $853,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for February 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 13 Building Inspections 16 Business Licenses 0 Electrical 17 Plumbing 15 HVACR 10 MOTION CARRIED. ROLL CALL: Councilmen: Elliott, 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: GENERAL: a. CDBG 2018 Consolidated Annual Performance & Evaluation Report Councilman Ray moved, seconded by Councilman Sansing to approve the 2018 CDBG CAPER as presented. MOTION CARRIED. b. ORDINANCE 1598 (#05-2019) AN ORDINANCE SETTING THE DATE, TIME, AND PLACE FOR THE REGULAR CITY COUNCIL MEETINGS FOR THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NUMBERS 132, 321, 532, 689, AND 944, SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE SECTION § 2.04.040; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Sansing moved, seconded by Councilman Traylor to place Ordinance 1598 (#05-2019) on FIRST READING. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1598. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Councilman Sansing related his support to change the City Council meeting time from 7:00 p.m. to 6:00 p.m., adding that he would like to have the Ordinance passed on the first reading and brought back on the next City Council meeting for the second reading. He noted that this would allow time for further citizenry input. Councilman Sansing moved, seconded by Councilman Traylor to approve Ordinance 1598 on FIRST READING and PLACE Ordinance 1598 on the next regularly scheduled City Council meeting. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. c. ORDINANCE 1599 (#06-2019) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 3.06.010; AMENDING THE HOTEL/MOTEL TAX UPON GROSS REVENUES OF HOTELS, MOTELS, BED & BREAKFAST, AND/OR OTHER SUCH SHORT TERM RENTAL ACCOMMODATIONS LOCATED WITHIN JACKSONVILLE; AMENDING JACKSONVILLE MUNICIPAL CODE § 2.90; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Traylor moved, seconded by Councilman Twitty to place Ordinance 1599 on FIRST READING. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1599. Councilman Ray moved, seconded by Councilman Sansing to approve Ordinance 1599 on FIRST READING and SUSPEND THE RULES to place Ordinance 1599 on SECOND READING. Councilman Traylor questioned if there had been a study to determine the expected revenues that would result from Ordinance 1599. Mayor Johnson noted that Ordinance 1599 would not take effect until January 1, 2020. He related that at the current rate it would raise approximately $100,000.00, adding that if there is growth in the next few months regarding hotels, it could be significant. He stated that he has spoken to several hotel owners and they are okay with the tax. He then answered that currently the tax is two cents. Councilman Ray clarified that Ordinance 1599 would add two cents to the current hotel/motel tax of two cents. Mayor Johnson clarified that this would bring the total hotel/motel tax to four cents to be collected. He confirmed that this it just for hotel/motel and not prepared food. Councilman Traylor noted that would bring the total tax collected to stay in a hotel in Jacksonville to 11.5%, noting that it would cost the same to stay in Branson, Missouri. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Mayor Johnson stated that this is being proposed because we hope to attract new hotels, adding that if we do not attract new hotels then we will rescind the tax. He stated that this is the reason it is not being implemented until January 1, 2020. He reiterated that if we are not having new hotels then he would remove the tax. Councilman Traylor questioned if this is an issue for public vote. Mayor Johnson responded that it can be passed by the City Council and does not have to be put to public vote. He concurred with Councilman Sipes that all funds would go directly to the A & P Commission, which are spent to promote the City of Jacksonville. Councilman Sansing noted that since the A & P Commission is partially funding the Parks & Recreation Department, it would help continue an adequate funding to the Parks & Recreation at no cost to the General Fund or the general taxpayer. Councilman Ray called for a question to the motion. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Elliott to further SUSPEND THE RULES and place Ordinance 1599 on THIRD AND FINAL READING. Councilman Traylor stated that if Council can wait until the next meeting to talk about times to meet then we could wait to consider whether we should put a 4% tax on hotels and motels. In response to a question from Councilman Sipes, Mayor Johnson confirmed that the local hotel/motel owners did not express any opposition to the added two cents. He reiterated that it will not take effect immediately and if there is an upswing in business, then they would be in favor of it. He stated that he does not have any objection to waiting, but would just as well see it passed so that it does not have to be re-discussed. Councilman Ray called for a question to the motion. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Twitty, and Smith voted AYE (7). Councilman Traylor and Collins voted NAY (2). MOTION CARRIED. Councilman Ray moved, seconded by Councilman Mashburn that Ordinance 1599 be APPROVE AND ADOPTED. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Twitty, and Smith voted AYE (7). Councilman Traylor and Collins voted NAY (2). MOTION CARRIED. ORDINANCE 1599 (#06-2019) APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2019. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. d. ORDINANCE 1600 (#07-2019) 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 stated the minimum salary ordinance that was previously adopted needed to be reworked so Ordinance 1591 was proposed which is now modified and presented as Ordinance 1600. He withdrew Ordinance 1591 in favor of presenting Ordinance 1600 as the new version. He stated that this Ordinance received a fair amount of input from other Council members and the City Attorney. He noted that Ordinance 1600 would not create the requirement to pass a new ordinance annually but would be tied to the approval of the budget. He then noted that Councilman Bolden and Sansing wanted to make sure that we recognized where some of the funding is obtained for the City Attorney salary. He stated that there will be notes added to the annual budget presentation and the City Personnel Handbook regarding benefits. Councilman Collins moved, seconded by Councilman Smith to place Ordinance 1600 on FIRST READING. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1600. Councilman Collins moved, seconded by Councilman Mashburn to approve Ordinance 1600 on FIRST READING and SUSPEND THE RULES to place Ordinance 1600 on SECOND READING. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Councilman Sansing moved, seconded by Councilman Mashburn to further SUSPEND THE RULES and place Ordinance 1600 on THIRD AND FINAL READING. Councilman Traylor questioned if City Attorney Friedman had any objections to the content of Ordinance 1600. City Attorney Friedman stated that there was a lengthy subcommittee meeting followed by other lengthy discussions with Councilman Collins; clarifying that she has no material issues with the Ordinance. ROLL CALL: Councilman Elliott, 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 1600. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1600 (#07-2019) APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2019. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. e. ORDINANCE 1601 (#08-2019) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 8.01.060 (DEFINITIONS) AND § 8.03.018 (NUISANCE ABATEMENT); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Smith moved, seconded by Councilman Twitty to place Ordinance 1601 on FIRST READING. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE (8). Councilman Mashburn voted NAY (1). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1601. Councilman Mashburn stated that from what she read it is Code Enforcement’s job to enforce the ordinances and another ordinance will not make any difference if Code Enforcement isn’t going to enforce the ordinance. Councilman Smith related that in her Ward 5, one neighbor has 2 boats in the front yard and 2 RV’s in the front yard, she explained that none of the items are sitting on paved concrete or being parked parallel to the driveway. She then answered Councilman Mashburn that Code Enforcement said that it was allowed. She stated that Cabot and Sherwood have this ordinance in place but Jacksonville does not. She presented photographs of the items parked on the grass, and in the front yard. Councilman Sansing stated that he voted to put the Ordinance up for discussion but is categorically opposed to the Ordinance. He stated that years ago when Bob Stroud was on the City Council, we intruded in people’s business about how they had yards and vehicles. He stated at that time, he personally wrote the language about parking beside the driveways; some of that is not being enforced now which might solve some of these problems. He went on to say that one of his primary problems with this legislation is the economic burden it can place on 70 to 80% of the citizens in Jacksonville. He stated that he is addressing issues of popup camper to take their kids camping for summer vacations because they cannot afford to go to Disney World. He related that such people are doing good to provide for their families and get what vacation time they can for their families. He stated that if they park the vehicles properly alongside their homes and it is further back behind the building line, then he has no problem with that situation. He added that he can see not letting grass get as high as 12” but 8” is a little much. He noted that in his own neighborhood he has residents that park things in front of the house that should be beside the house. He continued saying that he does not think we need new legislation, adding he believes we need rigorous enforcement of what is already on the books. He stated that part of the City Council’s job is not necessarily to enact an ordinance that is going to impose financial burdens on certain neighborhoods that cannot really afford it. He stated that part of the City Council’s job is to know when not to make citizens spend money unnecessarily just because Cabot and Sherwood have got it doesn’t mean that it is exactly the right thing for Jacksonville. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Councilman Sipes stated that he feels it is time for Jacksonville to clean up the City. He stated that he can understand what Councilman Sansing stated about 70% of the citizens but they can still abide by the ordinances and we can have a clean city. He related that he felt it was a big mistake to tell the citizens that they could not park on the streets anymore, acknowledging that there are sections, such as in his Ward, that do not have driveways so they have to park in their grass. He stated that not to compare us with Cabot or North Little Rock, in those cities they do not allow cars to be parked in the yard, they want them on the street; so Jacksonville did just the opposite. He agreed that Code Enforcement should be taking care of some issues, but he feels strongly that it is time for Jacksonville to change and step up to the plate, be progressive, and clean up the City. Councilman Elliott noted that some of the photos show current violations that could be covered by Code Enforcement. He noted that Section Two: C. states “It shall be unlawful for the owner of any boat or vessel in the front or side yard”. He stated that half of the residents in Jacksonville would not be able to get their boats in the back yard. He stated that parking a nice little fishing boat beside the house is not necessarily bad, adding are we to tell everyone in town that they have to get rid of their fishing boats. He noted that the previous committee spent months passing an ordinance, as to whether it is being enforced is a different deal. He added that adding another ordinance will not ensure enforcement. Mayor Johnson noted that only one of the photos might not have been out of current Code. Councilman Ray noted that when the original nuisance and abatement ordinance was passed the City had three or four Code Enforcement Officers, now we only have two and they are being overworked trying to cover the whole City. He went on to say that is the reason why some of these violations may continue to exists. He stated that he feels the Code Enforcement Officers are doing a good job, adding that we do not have enough funds to hire three or four Code Enforcement Officers as before. Councilman Sipes noted that there is the same number of Code Enforcement Officers as when he had Code Enforcement under the Police Department, there were three then and there are three now. Discussion clarified that one of the Code Enforcement Officer serves as the only building inspector so he is not a full time Code Enforcement Officer. Public Works Director Jim Oakley stated that as far as enforcing the Codes, the issue that is most currently addressed is the RV’s that have tarps or flat tires and working to bring those to operational status. He added that they have not addressed a lot of parking restraints as yet. Councilman Smith related her understanding that the Code Enforcement Officers had been to all three of the locations being presented and said that these issue were in Code. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Public Works Director Jim Oakley noted that the City has allowed the parking of boats and vehicles on the side of the house for years as long as it is operational. He offered that the Code Enforcement will enforce any ordinance set by the City Council. Councilman Smith noted the need for discussion. Councilman Mashburn requested that a small committee be formed to look at the various issues. With general consensus of the City Council, a subcommittee consisting of Councilman Sansing, Smith, Mashburn, and Sipes was formed. Ordinance will be resubmitted for FIRST READING upon completion of the subcommittee. f. RESOLUTION 779 (#02-2019) A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, ARKANSAS, AND SMASH IT SPORTS, INC.; AND FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Smith to read Resolution 779 (#02-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 779 (#02-2019). Councilman Ray moved, seconded by Councilman Sansing to approve Resolution 779 (#02-2019) in its entirety. Mayor Johnson stated that before he signs, all City Council members will have a copy and approve his signing. He noted that it could be a month or two before the signing. Councilman Traylor questioned if when they get the document would it have to be signed in a day or two after receiving it. He added that he has questions about the City’s exposure. Mayor Johnson replied that he does not believe that it known right now, adding that he could have Kirby come and speak to Council. He went on to say that the document is like buying a house, and it is like I’ll buy your house when I sell mine. He stated that there is going to be some contingencies built into this document. He continued that if we get too much exposure and it becomes unaffordable, we will not do it. City Attorney Friedman stated that Resolution 779 is basically to get the ball rolling to start negotiations, it is not committing to any sort of liability. Councilman Traylor stated that the part that concerns him is the wording of “including execution of an agreement or contract”, adding he is aware City Attorney Friedman is saying that is not what is going to happen but it is in the Resolution. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Mayor Johnson stated that at some point he hopes we do execute a contract but it will not be without the City Council knowing about it and you will have more than a day or two to look at it. In response to a question from Mayor Johnson, Kirby stated that they plan to meet next week go over some options. She explained that they are looking at different financing structures to make sure from a liability standpoint that the City is covered and we are not doing anything outside of what the City can do. Mayor Johnson stated that as a City, we are limited as to what we can do regarding funding. Councilman Collins questioned if the members could meet individually with the Mayor and make their wishes known without having to wait to the next meeting. Mayor Johnson concurred, saying that Resolution 779 allows him to start talking and draw up a contract with Smash It. He assured the City Council that they would be involved at every step along the way to make sure we are not getting the City into any kind of trouble. Councilman Ray called for a question to the motion. It was the general consensus of the City Council to substitute the wording of execute to negotiate. Roll Call: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. g. DISCUSSION Guinea Pig Rescue Linda Jones, Founder and Director of Guinea Pig Slave Rescue, located in Jacksonville, related that her Foundation is the only Guinea Pig Rescue in Arkansas. She informed the City Council that she has been running the Rescue for approximately 2.5 years. She noted that Arkansas is now one of 23 States that have a guinea pig rescue. She explained that she runs the Rescue out of her home as a home based business. She offered photographs of housing for the guinea pigs, relating that the pens are 2’ X 4’ and 2’ X 5’ in size, adding that none of the guinea pigs are housed outdoors. She stated that guinea pigs are small creatures that do best in a home environment, which is why most guinea pig rescues are home based or foster based. She stated that she has a license to sell over the Internet guinea pig products, adding that she is also licensed with the City of Jacksonville. She stated that she is trying to obtain a license from the City to run the Rescue. She provided her 501(C)3 paperwork, saying that she is waiting for her non-profit status for the rescue. She noted that the shop is separate from the Rescue, noting that she pays sales tax for the online business. She explained that she has had adoptions from out of State, coming from as far away as Virginia. She then also noted that she has had surrenders of guinea pigs as far away as 9  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Mississippi. She related that one hindrance in getting her license for the rescue from the City has been the way the Ordinance reads, it states pens cannot be within 100’ of the nearest residence. She stated that while the intent was for outside pens, the Ordinance does not specifically limit that restriction to outside pens, it just says pens. She stated that if the Ordinance is applied to inside pens then no one would be allow to have a small animal that is primarily kept in a pen. She stated that the City has been amazing as far as her being able to talk to anyone she needed for clarification. She added that the next issue in getting a license was the foot traffic for adoptions, noting that as a home based business, they are not allowed to have foot traffic. She stated that in order to comply with that provision she is willing to conduct all adoptions off-site, assuring the City Council that all foot traffic would be eliminated. She stated that in the past she has hosted guinea pig events at her home, explaining that she is willing to now host those events at some other venue. She stated that she does not want any trouble that would prevent them from being able to have the Rescue in their home. She noted that a guinea pig rescue is not like rescues for larger animals such as dogs, cats or other animals; guinea pigs are best in a home setting and kept in a pen. She stated that they love Jacksonville and would like to stay in Jacksonville. She reiterated that she is only asking for a license to continue to operate the rescue in her home. In response to a question from Councilman Collins, Ms. Jones replied that currently she has 51 guinea pigs, adding that the maximum at one time was 62, but mostly she runs in the range of 30 to 40. She noted that some are sanctuary, they have special disabilities, such as being blind and so for that reason they are unadoptable to the general public. She then explained that the word “Slave” is an industry term, meaning the word slave is what they call themselves because the guinea pigs always want your attention and they rush around caring for the guinea pigs. She stated that the terminology is well understood in the guinea pig community. She then noted that her rescue has been published and featured in two guinea pig magazines, adding that five of her guinea pigs were used as models in the guinea pig coloring book. She noted that her rescue has achieved recognition and they love what they do. Councilman Sipes questioned Public Works Director Jim Oakley if there had been any complaints from the neighbors. He responded that he had one complaint about the parking and the number of vehicles. Councilman Elliott related that he had a call regarding how the waste was being handled. Ms. Jones stated that the waste is wrapped in trash bags, explaining that she has an extra trash bin that they pay for to handle the waste. Councilman Elliott stated that the call he received was from a neighbor who said they could smell the waste burning in the fireplace. 10  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Ms. Jones assured the City Council that she has never burned any waste in the fireplace, adding that she would not want her house to smell like guinea pig poop. She noted that she had a neighbor contact Mr. Oakley and the Animal Control did a full inspection, they measured the pens and cleared them completely, there were no issues. She noted that following the inspection the Animal Control actually surrendered guinea pigs to us that had been brought to the Shelter. Public Works Director Jim Oakley stated that Animal Control did inspect and found the pens clean and in good repair, all the animals were healthy. He stated that the Ordinance was written to address outside pets and cages, adding that it includes chickens, turkeys, rabbits, and etc. Councilman Traylor stated that he has read the Ordinance and would assume that it was addressing outside pets. Public Works Director Jim Oakley stated that normally that is the way we have addressed the Ordinance even though it did not specifically say “outside”. He stated that he had a complaint and technically the Ordinance did not exclude inside pets. In response to a question from Councilman Smith, Ms. Jones explained that the standard guinea pig bedding utilizes “care fresh” or “kiln dried pine”, adding that this is the messiest stuff on the market and it is smelly. She related that it is the real reason that many people surrender guinea pigs, explaining that she makes cage liners, which is the bedding replacement. She explained that it is two layers of fleece with furniture U-Haul padding quilted inside, explaining that when washed with vinegar they control odor and any mess and there is no smell. She stated that since it is washable it is also reusable, so there is no bedding mess. She added that it is also more cost effective, noting that she makes the products in her shop and they are sold internationally. She stated that it has become a very popular substitute for bedding and has become a good business. She related that she had done themed cages to match a child’s bedroom décor. She stated that the best advantage is that it controls odor and makes everything nicer regarding care of the guinea pigs. She stated that this cuts down on waste, saying that they only have the poop and it is wrapped in bags. She produced her vet bills to demonstrate that the animals are well cared for and any animal that passes is taken to the vet to be cremated. She stated that she does not bury the animals. She then answered Councilman Traylor that the guinea pigs are kept inside the home. She clarified that the “shop” is her sewing room, where she makes the cage accessories. She added that the guinea pigs have their own room with custom built pens and cages. 11  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. In response to a question from Councilman Twitty, Ms. Jones then related that the local grocery stores donate their left over vegetables to the rescue. She stated that she goes daily to pick them up. She stated that these vegetable would otherwise be thrown away, adding that any extra is taken to the City of Cabot Shelter for their rabbits or turtles rather than it being wasted. Councilman Mashburn stated that from what she hears, Ms. Jones is doing a really good job saving the animals that would otherwise not have a chance to have a home. She stated that the only problem she has heard is the traffic. Ms. Jones concurred, assuring the City Council that she can take care of the adoptions off site because the animals are very small and easy to transport. She noted that last year they were able to adopt out 161 guinea pigs. She stated that it is just her and her husband and this is how they choose to do their retirement. She added that some retirees go to Florida or on a cruise, we choose to rescue guinea pigs. She noted that she has been contacted by the Shelter and was contacted by a landlord just the other day who found two guinea pigs left by tenants when he went to collect the rent. She stated that she does not breed guinea pigs but has had people surrender pregnant guinea pigs, which is sad but she finds them homes. She then answered Councilman Twitty that when she had 62 guinea pigs, it was a bit too much. She stated that often when people go on vacation in the summer they surrender their guinea pigs, noting that the summer time becomes a bit of a strain because of this. She then added that she decided to step up and offer vacation boarding so that people would not abandon or dump them. She stated that she provides hay, pellets, water, proper caging and a vacation photo for ten dollars a day and they can be boarded safely with them. She reiterated that this can all be done off site, she can pick them up and deliver them back. She noted that during Spring break she had six sets of guinea pigs that were boarded. Mayor Johnson confirmed with Ms. Jones that she has a sales tax permit with the State of Arkansas and does remit sales tax to the State. Councilman Collins questioned if she has more than her and her husband as support staff. Ms. Jones stated that she does have volunteers that come and help clean cages, she noted that students get their school volunteer hours working at her rescue. She noted that they bath the guinea pigs and clean the cages. She stated that she had different volunteers at different times. City Attorney Friedman noted that she recalled Ms. Jones mentioning that she researched the Ordinances before building the cages to make sure they were in compliance, questioning why she waited two years to get her business license for the rescue side and for the online side. 12  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Ms. Jones stated that she only researched the Ordinance that had to do with the care of the animals. She added that initially she did not think about the business side of it. She stated that once she was realized this, she decided to apply for her 501(C)3, saying that she had a profit side that pays for the non-profit side. She stated that most rescues are do not have a profit side to pay for the rescue and are depending solely on donations. She stated that her rescue supports itself. She stated that she realized that it had to be two separate entities and set up separately. Councilman Sipes questioned if it would be possible to hold a public hearing and allow the neighbors an opportunity to address any concerns. Mayor Johnson stated that the neighbors could be notified by letter. He then added that the only complaint has been the traffic. He stated that if that is going to be resolved then we may not have any issues. Ms. Jones thanked the City Council for an opportunity to address them. Councilman Sansing moved, seconded by Councilman Sipes to suspend the rules and place Resolution 780 (#3-2019) on the agenda. MOTION CARRIED. RESOLUTION 780 (#03-2019) A RESOLUTION APPROVING AN INTER-LOCAL AGREEMENT REGARDING FUTURE MAINTENANCE AND REPAIRS TO THE ONEIDA BRIDGE. Councilman Elliott moved, seconded by Councilman Sansing to read Resolution 780 (#03-2019) MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 780 (#03-2019). Commission Elliott moved, seconded by Councilman Sansing to approve Resolution 780 (#03-2019) in its entirety. Mayor Johnson related that the bridge between North Lake and Indian Head Lake has a wooden base and has to be replaced. He pointed out that Metroplan is paying 80% of the cost to replace the bridge and the rest is a shared cost between the County, Sherwood and Jacksonville; adding that it will be a shared maintenance between Jacksonville and Sherwood. He noted that it would take approximately four to five months to rebuild a bridge, explaining that there would be a detour road for emergency vehicles. Public Works Director Jim Oakley related that they are currently working on easements for a detour road to go through the Lynwood Subdivision at Gravel Ridge through North Lake. He stated that if the one lane bridge is flooded then North Lake would be isolated. He stated that before construction starts they will have the detour in place. He added that the hopes to put the project to bid within the next month or two and then have it completed by the end of summer. At this time, MOTION CARRIED. 13  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. APPOINTMENTS: BOARD OF ADJUSTMENT Councilman Ray moved, seconded by Councilman Traylor to approve the appointment of Tasha Gregory for a term to expire 2/05/2022. MOTION CARRIED. JACKSONVILLE HISTORICAL COMMISSION Councilman Mashburn moved, seconded by Councilman Ray to approve the appointments of Jonathan Sisk and Rolanda Robinson for terms to expire 12/31/2021. MOTION CARRIED. A&P COMMISSION Councilman Ray moved, seconded by Councilman Collins to approve the reappointments of Jim Hurley and Bill Hall for terms to expire 3/31/2023. MOTION CARRIED. PLANNING COMMISSION Councilman Sansing moved, seconded by Councilman Elliott to approve the appointment of Jeff Elmore for a term to expire. MOTION CARRIED. ANNOUNCEMENTS: Robert Price announced that there would be a meeting for the School Millage extension will be held April 4, 2019 @ 6:00 p.m. at the Community Center in Room D. Councilman Collins stated that he would like to discuss at the next regularly scheduled City Council meeting the concept of having Council members elected by Ward. Mayor Johnson noted that he would be on the news later tonight to address the possibility of Jacksonville having its own bus system. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 8:06 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 14