Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD JUNE 2, 2020 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on June 2, 2020. The meeting was called to order by Mayor John Turner. Roll Call: Sappington, Smiley, Burns, Rissler, Hunt, Carroll, Coleman— Present. City Representatives Present: Phillip Patterson, City Administrator; Renea Ellis, City Clerk; Phil Stokes, Electric Director; Ben Rhoads, Sr. City Planner; Don Clark, Community Development Director; Jay Williams, City Attorney; Police Chief Allan Gilbert; and Christina Petriches, Finance Director. Opening prayer was led by Director Sappington. A copy of the May 19, 2020, minutes of the regular meeting had previously been given to each Director. A motion was made by Smiley and seconded by Sappington to approve the minutes. Turner called for a voice vote. Motion passed unanimously. Public Input: Arthur Hulbert, 20705 Hwy. 16, with the Chamber of Commerce, addressed the Board, giving an overview of what the CoC has done over the past six months and gave a tentative date for the Dogwood Festival. Item A: Dedication of Utility Easements/ 4300 Block of Hwy. 412 E. Justin Bland briefed the item. A motion to accept the easement dedication was made by Smiley and seconded by Coleman. Motion passed unanimously. Item B: Dedication of Utility Easements and Right of Way/ 1100 Block of E. Lake Francis Dr. Justin Bland briefed the item. A motion to accept the easement and ROW dedication was made by Smiley and seconded by Sappington. Motion passed unanimously. d Item C: Ordinance 20- 10/ 2" Reading/ Net- Metering Code Amendments. Phil Stokes briefed the item. Chuck Hyde, 1905 Villa View; Breck Castleman, 1609 Savannah Lane; Robbie Castleman, 1609 Savannah Lane; Larry Kenemore, 207 Western Hills Drive; and Trish Youmans, 701 Mimosa; all addressed the Board with statements, questions, and/ or opinions. Following questions and comments from the Board, Patterson addressed questions that had been brought. A motion was then made to place Ordinance 20- 10 on its second reading, suspending the rules and reading by title only was made by Smiley, seconded by Burns. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Chapter 98 of the Siloam Springs Municipal Code for the Purposes of Updating the Electrical Regulations with Respect to Net- Metering and Board of Directors Meeting Minutes Page 12 June 2, 2020 Distributed Generation; was read on its second reading. 2nd Item D: Ordinance 20- 11 / Reading/ Property Maintenance Code Amendments. Don Clark briefed the item. A motion to place Ordinance 20- 11 on its second reading, suspending the rules and reading title only, was made by Hunt and seconded by Sappington. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Sections 31, 34, and 84 of Chapter 66 of the Siloam Springs Municipal Code to Adopt Property Maintenance Code Updates; was read on its second reading. 1St Item E: Ordinance 20- 12/ Reading/ Amending Northwest Arkansas Regional Airport Authority Agreement. Patterson briefed the item. A motion was made by Carroll and seconded by Hunt to place Ordinance 20- 12 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: An Ordinance Approving the Northwest Arkansas National Airport Second Restated and Amended Agreement; was read on its first reading. 1St Item F: Ordinance 20- 13 / Reading/ Amending Section 102- 21 of the City Municipal Code/ Rezoning from A- 1 to C- 2/ 4200 to 4300 Block of Hwy. 412 E. Ben Rhoads briefed the item. A motion was made by Hunt and seconded by Carroll to place Ordinance 20- 13 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: An ordinance Amending Section 102- 21 of the City Municipal Code( City Zoning Map) Rezoning( from A- 1 to C- 2) the Property located at 4300 Block of Hwy. 412 E.; was read on its first reading. 1St Item G: Ordinance 20- 14/ Reading/ Amending Section 102- 21 of the City Municipal Code/ Rezoning from C- 2 to R-2/ 900 Block of S. Washington St. Ben Rhoads briefed items G& H simultaneously and pointed out that an email had been received from Gary Scism prior to tonight' s meeting. Ron Homeyer, Civil Engineering, 701 S. Mt. Olive, addressed the Board on behalf of the applicant, Javier Chavez. Homeyer stated the potential" red flags" was not brought up in an initial meeting with staff before the property was purchased, but issues had risen at tech review. He stated that the applicant was willing to change the plans if it would help get the property rezoned. Following comments from the Board, a motion to remand the item back to the Planning Commission with a revised plat was made by Burns and seconded by Carroll. Motion passed 4/ 3 with Sappington, Rissler and Coleman voting no. Item H: Resolution 25- 20/ Preliminary Plat Development Permit/ Priscila Ct. Addition/ 900 Block of S. Washington St. Ben Rhoads had previously briefed the item. Ron Homeyer, Civil Engineering, 701 S. Mt. Olive, addressed the Board on behalf of the applicant, approached the Board and stated, at this time, Mr. Chavez was withdrawing the application. No further action was taken. Item I: Resolution 26- 20/ Preliminary Plat Development Permit/ Carley Crossing Addition/ 14800 to 14900 Block of Lawlis Rd. Ben Rhoads briefed the item. Ron Homeyer, Civil Board of Directors Meeting Minutes Page 13 June 2, 2020 Engineering, 701 S. Mt. Olive, stated that annexation was in the process but had been slowed due to Covid. A motion was made by Smiley and seconded by Hunt to approve the item subject to the stated condition. Motion passed unanimously. Item J: Resolution 27- 20/ Preliminary Plat Development Permit/ Endura Park Addition/ 14701 N. Country Club Rd. Ben Rhoads briefed the item. A motion was made by Burns and seconded by Sappington to approve the item with stated conditions. Motion passed unanimously. Item K: Resolution 28- 20/ Final Plat Development Permit/ Elrod Addition/ 3000 Block of Cheri Whitlock Dr. Ben Rhoads briefed the item. A motion was made by Burns and seconded by Coleman to approve the item with the stated condition. Motion passed unanimously. Item L: Resolution 29- 20/ Significant Development Permit/ Netzel Development, LLC/ 1000 Block of S. Washington St. ( Cornerstone Business Park). Ben Rhoads briefed the item. A motion was made by Smiley and seconded by Burns to approve the item with stated conditions. Motion passed unanimously. Item M: Resolution 30-20/ NWA Regional Planning Commission Transportation Alternative Program Grant Application/ Lake Francis Sidewalk. Justin Bland briefed items M and N simultaneously. A motion was made by Smiley and seconded by Burns to approve the item. Motion passed unanimously. Item N: Resolution 31- 20/ ArDOT Transportation Alternative Program Grant Application/ Lake Francis Sidewalk. Ben Rhoads had previously briefed the item. A motion was made by Hunt and seconded by Sappington to approve the item. Motion passed unanimously. Item 0: April Financials. Patterson pointed out that each Director had received a copy of the April financials, and if anyone had any questions, to please contact Christina Petriches or him. Item P: Administrator' s Report. Patterson reported that May Sales Tax Receipts were up for the city 12. 6% and 12. 9% year- to- date; for the county 8. 6% and 12. 1% year-to- date; stated the Census response rate was at 62%; Patterson gave an update on AirBnB properties; reported an donation of artwork from Susan Harding; 3 pieces by Troy Anderson and one by Robert Redbird, from the collection of Daisye and Bennett Howell; reported the candidates' names who had filed to run for position 5, 6, 7 and the mayor in the upcoming election and reminded the public July 131 was the last day to register; asked Chief Gilbert to update the Board on police policies; Gilbert addressed the audience delivering the statement attached hereto. Patterson went on to give an update on the opening of the FAC, including proposed times, days, maximum occupancy, and projected costs; each director was in favor of opening and taking any necessary funds out of reserves; he indicated dates and times for the splash pad were be similar. Directors Reports: Mayor asked that Chief Gilbert' s remarks be included in their entirety; said he was glad to see Troy' s artwork; that he was not a candidate for the first time in 14 years and wished everyone good luck. Hunt expressed condolences to the Brooker family and Manna Center; thanked the residents for calling about the drainage issues on Latisha; asked that we all  Board of Directors Meeting Minutes Page 4 June 2, 2020 pray for our nation. Burns stated Wal- Mart ran out of bicycles; Brooker did good work for the community; commended the PD on the work they were doing; and that public safety was a tough job. Sappington said what a great friend Mark Brooker was and what an impact he had on the community. She went on to read a prepared statement. Rissler expressed condolences to the Brooker family and said what an impact he had left on the area; thanked citizens for reaching out on agenda items; spoke about ROW maintenance; asked for an update on the 412 median; said she hoped an agreement could be reached with Mr. Chavez and was pleased for the grandfather" language in the net metering ordinance. Carroll said the word fear was generally associated with being afraid; but could also be used as a sign of respect; in the world we live in, we need so show respect to the pandemic and for what' s going on in society but not live afraid; live our lives to the fullest. Smiley expressed sympathy to the Brooker family; he was a great man; thanked Chief Gilbert for the information; thanked Simmons Foods for the agility equipment donated at the Dog Park; asked that we look at a Consent Agenda; said she would like to see permanent language to grandfathering put in the solar ordinance and that she prays for our nation. Coleman described in Sunday birthday celebration with family; and asked that the 3- minute rule that was voted in at the beginning of the year in the Board Rules as to Procedural and Organizational Matters when it comes to public comment; he said he appreciated the update from the Chamber and thanked them for its help with small business; said he appreciates the PD and they have a fantastic relationship; he also said he and his wife prayed every time they heard a siren. With no further business, a Motion to adjourn was made by Coleman and seconded by Smiley. A voice vote was called. Motion passed unanimously. G"pRp9RqlF Meeting adjourned. Sl s APPROVED: oo •• pgM .• OA.. SPR/ N z ATTEST: i Mar Turner, Mayor Renea Ellis, City Clerk owitunturmllyal yam. SLAL 4`-„ pRINGS, A'`. Board of Directors Meeting Minutes Page l 5 June 2, 2020 STATEMENT FROM POLICE CHIEF J. ALLAN GILBERT To our Community: I am saddened by the tragic death of George Floyd and the violence that has erupted throughout our great nation. The video footage of Mr. Floyd' s death was shocking. The actions, as well as the inactions by the involved officers, were inexcusable. What I saw on the video is inconsistent and contrary to everything that the Siloam Springs Police Officers have been taught during their training, their academy days, and our current use of force guidelines. I would not normally interject an opinion until a complete investigation of the incident has been completed, but this one is clearly wrong, and deeply disturbing. On behalf of the men and women of the Siloam Springs Police Department, we would like to extend our prayers, sympathy, and condolences to the family of Mr. George Floyd, and the entire community of Minneapolis. There are standards that we as police officers embrace— we live in the 21' century and our policing practice must mirror our recognition of equality of all races and cultures through the lens of procedural justice. The Siloam Springs Police Department is a State Accredited Law Enforcement Agency through the Arkansas Association of Chiefs of Police( AACP). Our decision to achieve accreditation was made as a commitment to our citizens and our community to demonstrate and hold ourselves accountable to defined measurable standards and law enforcement best practices in the delivery of law enforcement services to our community. The mission and training of the Siloam Springs Police Department, and the training of our police officers, is based on a community policing philosophy. Our employees continue to be guided by three pillars in our duties and actions. 1. Keeping our actions constitutionally correct. 2. Ensuring our actions morally and ethically sound. 3. Keeping our actions within the authority delegated to us. Every member of this department is dedicated to these pillars and the actions, such as those in Minneapolis, are contrary to this and would not be acceptable in our organization or by our community. We are committed to providing our community with constitutionally based law enforcement services by ensuring our actions are constitutionally correct, morally, and ethically sound, and within the strict authority delegated to us as police officers. De- Escalation training is incorporated in many of our training topics. Our officers are trained annually on Response to Resistance, Less Lethal Response, Defensive Tactics, Biased Based Policing, Search& Seizure and Arrest, Detainee Care and Transport, Complaints and Internal Affairs, Sexual Harassment, Dealing with the Mentally Ill and Ethics. The above topics are not all inclusive of our annual training but are designed to ensure our delivery of law enforcement Board of Directors Meeting Minutes Page 16 June 2, 2020 services is constitutionally sound and our officers use only the techniques, tactics and methods which are reasonable and necessary to affect a lawful objective. Our policies are published online as a commitment to providing transparency. Currently the State of Arkansas requires twenty- four( 24) hours of annual training. We are proud to state that our department averaged over one hundred( 100) training hour per officer in 2019. As an accredited agency we conduct individual and annual reviews of incidents involving Response to Resistance, Biased Based Policing/Racial Profiling and Vehicle Pursuits. We provide annual reports to the Arkansas Association of Chiefs of Police and the Arkansas Attorney General' s Office as required. We train our employees in these concepts to ensure that when deciding on a course of action or conduct, their decisions are sound and in accordance with professional standards and training. Our success of maintaining a culture of delivering constitutionally based law enforcement services is due to continued professional training, holding ourselves to the law enforcement code of ethics and maintaining a culture of action which is consistent with our three pillars. I am very fortunate to lead such a well- trained, Professional Department. I am proud of the women and men of this organization. They are hired based on their character and values, and they are proud of this community and their role as protectors and partners. To wear a badge that says Siloam Springs, expressly means we are supportive of every individual regardless of race, culture, or gender. As your Police Chief, I will not tolerate disregard for our community's values, and neither will the members of this department. All residents and visitors should be confident that the Siloam Springs Police Department understands the difficult role that we play in the complex society in which we live today. We embrace this challenge to make our community better each day by our actions and beliefs." Gilbert then gave examples of 2 incidents where de- escalation was used. " Incident with an individual wielding a large knife on May 22, 2020 2: 14am Walmart Super Center ending at the Hampton Hotel. This incident lasted over 2. 5 hours. The individual made aggressive movements towards officers threatening them; he even charged them, lunging and swinging the large knife at them. The individual at times asked officers to shoot and kill him. Officers were justified in using deadly force but chose not to and through training and de- escalation tactics, officers were able to create a safe distance. Officers were then able to gain compliance and arrest with a limited use of force, so I was proud of that action. May 29, 2020 at approx. 5: 30 pm. an individual threatening suicide by cop. 911 dispatched officers to the location. The individual had already left the scene. Instead of leaving the scene officers stayed committed in beating the individual a block away. While being instigated by on bokers while trying to de- escalate the situation, the individual was telling officers he wanted to die, and just wanted the officers to shoot him. Officers were able to de- escalate the situation through training and teamwork. The individual was taken to the hospital to receive help without incident. Incident lasted 2 hours and 52 minutes. So again, I was proud of the actions of those officers. I' d be happy to answer any questions."