City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 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 July 18, 2024 at their regular meeting place. Council Member Bolden delivered the invocation and Mayor Elmore led a standing audience in the “Pledge of Allegiance.” ROLL CALL: City Council Members: Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT ONE (1). Council Member Mashburn was absent. Others present for the meeting were: Parks and Recreation Director Kevin House, Assistant City Clerk Emilia Vazquez, Economic Development Director Robert Birch, Communications Director Emily Sundermeier, CDBG Director Michelle Spencer, Building Inspector Manny Browder, IT Support Andrew Browder, Cheesa Williams, Katrina Mimms, Jim Moore, Addie Gibson, and Rick Kron. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of June 20, 2024 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Bolden moved, seconded by Council Member Twitty that the minutes of the regular City Council meeting of June 6, 2024 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ENGINEERING DEPARTMENT REGULAR MONTHLY REPORT Council Member Bolden moved, seconded by Council Member Twitty to approve the regular monthly report for June 2024. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 8 Building Inspections 28 Business License Electrical 45 Plumbing 48 HVACR 19 FIRE DEPARTMENT REGULAR MONTHLY REPORT Council Member Bolden moved, seconded by Council Member Twitty to approve the regular monthly report for June 2024, reflecting a fire loss of $2,000.00 and a savings total of $298,000.00. POLICE DEPARTMENT REGULAR MONTHLY REPORT Council Member Bolden moved, seconded by Council Member Twitty to approve the regular monthly report for June 2024 regarding annual crime statistical comparisons. CODE ENFORCEMENT REGULAR MONTHLY REPORT Council Member Bolden moved, seconded by Council Member Twitty to approve the regular monthly report for June 2024. 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 P.M. Assigned Calls 145 Demolition by City 0 Self-Initiated Calls 231 Demolition by Owner 1 Follow Up Inspections 915 Parking Violations 0 Complied after Notice 461 Garbage Cans Tagged 0 Three Day Notice 35 Basketball Goals 2 Seven Day Letter 436 Structures Inspected 1291 Citation Letters Mailed 37 Apartment Complexes Inspected 2 Citations Issued 8 Red Tags Issued 3 Vehicles Tagged 46 Search Warrants 0 Vehicles Towed 4 Grass Mowed 70 Unsafe Structures Tagged 2 Signs Removed 18 Structures Condemned 0 Shopping Carts 1 Structures Rehabbed 0 ANIMAL SERVICES REGULAR MONTHLY REPORT Council Member Bolden moved, seconded by Council Member Twitty to approve the regular monthly report for June 2024. ADOPTION FEES $ 3,135.00 SPAY/NEUTER FOR ADOPTED DOGS 3,135.00 Paid by the City of Jacksonville 3,135.00 Best Friends Animal Rescue Grant - Paid for by JFOTA - FINES 2,535.00 CONTRIBUTIONS 1,297.38 TOTAL $ 3,832.38 ROLL CALL: Council Member: Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1759 (#12-2024) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE JACKSONVILLE POLICE DEPARTMENT VEHICLES AND UPFITTING FOR SAID VEHICLES; FOR APPROPRIATE IMPLEMENTATION AND ACCESS FOR DEPARTMENT AND CITY OF JACKSONVILLE REPRESENTATIVES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member McCleary to place Ordinance 1759 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1759. Council Member Kinman shared that she had received a phone call inquiring if these vehicles were in the budget. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 P.M. Police Chief Brett Hibbs confirmed he originally budgeted for four vehicles, but cut it back to three, estimating his department has $233,000.00 in their line item 5500. He explained these are black Tahoes, like last time, and will be outfitted the same. He noted one will be an admin vehicle going to the Patrol Captain since he is currently driving a fully outfitted marked unit that will be moved to the Patrol fleet. He listed that admin vehicles are driven by CID Detectives, Support Services, supervisors, Captains, and himself, so he was unsure of how many there are total. He pointed out only two of those are Tahoes, adding that they have been buying unmarked Chevy Equinoxs for CID to help with stakeouts and carry equipment. He mentioned basically everyone not on Patrol has an admin vehicle. Council Member Bolden moved, seconded by Council Member McCleary to APPROVE Ordinance 1759 on FIRST READING and SUSPEND THE RULES and place Ordinance 1759 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member McCleary to APPROVE Ordinance 1759 on SECOND READING and SUSPEND THE RULES and place Ordinance 1759 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1759 in its entirety. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, 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, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1759 (#12-2024) APPROVED AND ADOPTED THIS 18TH DAY OF JULY, 2024. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): GENERAL: ORDINANCE 1758 (#11-2024) AN ORDINANCE CREATING JMC § 8.03.022, NUISANCES AND NON-COMPLYING CONDITIONS – PROHIBITED CAMPING; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member McCleary moved, seconded by Council Member Bolden to place Ordinance 1758 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1758. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 P.M. Council Member Moss surmised this would affect the unsheltered population who have nowhere to go. He asked what the City would do if this is violated. Chief Hibbs replied generally, they would ask them to move along, but if it is a repetitive problem and if need be, they can be arrested for trespassing or cited. He told how on private property they will ask them to move along when the owner wants them to leave. City Attorney Friedman added that this would give officers another route to take; instead of having someone trespassed, they could be cited under this ordinance. She explained that typically in court, she would do a progressive disciplinary of fines and costs, but the immediate response would be to ask them to leave. Chief Hibbs confirmed the officers try not to arrest, but will ask them to leave and go elsewhere. Council Member Rains pointed out that the ordinance also includes parks, benches, and any other publicly owned property. She asked why are we telling citizens who pay taxes they do not have the ability to be on publicly owned property. Chief Hibbs replied that they are not telling them that, but they cannot camp. He read the definition of campsite as “any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed,” so it is when they lay out a shelter, or any kind of bedding, and live is what they are asking them not to do. City Attorney Friedman clarified that sleeping is in regards to sidewalks, streets, and alleyways, which is an issue of public safety. She confirmed prohibiting sleeping on a public bench is not in the ordinance, but it is the camping that is. Council Member Rains agreed this could impact the unsheltered members of our community. She asked what do we have here to assist them with shelter. Chief Hibbs responded locally, we do not have a shelter; if they ask to go to one, we will help them get there, but most of the time they do not and this is where they want to be. Mayor Elmore related that Pastor Eddie Miller’s church is finishing up their new facility that includes restrooms with outside entrances for anyone needing assistance, but as a city government, we do not have anything in place to assist. Council Member Rains pointed out JMC § 8.03.021, regarding unattended shopping carts, mentions a fine to pick up materials. She inquired what the expense would be on the City and on the individual interested in their personal property with this ordinance. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 P.M. Chief Hibbs replied they can take as much personal property they can carry with them. He said when there is trash or debris left behind, the Sanitation Department will pick it up with the claw truck if Code Enforcement cannot do it, so it is not a huge expense for us. Mayor Elmore concurred if Sanitation needed to pick up something, they could pull off their normal route quickly to get it, then resume it; it would not be a special trip. Chief Hibbs noted taking shopping carts from businesses and pushing them across town is technically theft of property, but they are not arrested or cited for it. Council Member Rains read part of section “E” stating “items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded.” She asked what if someone left personal property before being able to get it during the 24 hours. Chief Hibbs mentioned there is a difference between personal property and things with no monetary value. He told how a lot of times they find things collected from dumpsters, trash, or stolen items. He brought up if it is personal property, they take what they can with them; if it is left behind or unattended, they consider it to have no value and would call the claw truck to pick it up. Council Member Rains read a portion of section “E” stating “for purposes of this Chapter, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value.” She stated that is subjective, especially when dealing with people who may be experiencing a mental health crisis. She inquired how would they determine what is personal property and what does not have any utility or monetary value. Chief Hibbs replied if it is left behind, they do not consider it personal property. He related if they took it with them, he would think it would have some sort of value; sentimental or monetary. Council Member Ray CALLED FOR A QUESTION to end discussion and have the vote. Council Member Kinman inquired what other cities our size are doing regarding the unsheltered and what are our options. Chief Hibbs replied he does not have any options. He related that this ordinance came from Grands Pass, Oregon and was recently affirmed by the U.S. Supreme Court as being constitutional. Mayor Elmore reiterated if someone needs transportation to get to a place or service, we are willing to make it happen, because there are services available, just not here. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2024 6:00 P.M. – 6:26 P.M. Chief Hibbs concurred, noting a lot of times they want to stay here and do not want anything. He was unaware of any cities in Central Arkansas that have a similar ordinance in place. Council Member Rains requested CDBG Director Michelle Spencer to speak on this issue. Council Member Sansing seconded the CALL FOR A QUESTION. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Moss, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Member Rains voting NAY. Council Member Ray moved, seconded by Council Member Sansing to APPROVE Ordinance 1758 on FIRST READING and SUSPEND THE RULES and place Ordinance 1758 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Member Moss and Rains voting NAY. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1758 on SECOND READING and SUSPEND THE RULES and place Ordinance 1758 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Member Moss and Rains voting NAY. Council Member Ray moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1758 in its entirety. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Member Moss and Rains voting NAY. Council Member Ray moved, seconded by Council Member Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman voted AYE. MOTION CARRIED with Council Member Moss and Rains voting NAY. ORDINANCE 1758 (#11-2024) APPROVED AND ADOPTED THIS 18TH DAY OF JULY, 2024. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 6:26 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer 6