Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD AUGUST 16, 2022 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on August 16, 2022. The meeting was called to order by Mayor Judy Nation at 6: 30 pm. Roll Call: Smiley, Hunt, Rissler, Sappington, Burns, Allen, Carroll— Present. City Representatives Present: Phillip Patterson, City Administrator; Renea Ellis, City Clerk; Chief Jeremey Criner, Fire Department; Chief Allan Gilbert, Police Department; Ben Rhoads, Sr. City Planner; Christina Petriches, Finance Directory; Don Clark, Community Development Director; and Jay Williams, City Attorney. Opening prayer. Director Smiley led the opening prayer. The mayor led the Pledge of Allegiance. The mayor asked if there were any comments from the audience regarding an item on the Consent agenda. No one came forward. Director Allen asked if Item K could be heard at this time. Item K: Presentation of new police officers. Allan Gilbert introduced officers Esteban Gallegos; Ben Taylor; Prentice Carter; and Daniel Newton and gave a brief background on each. Consent Agenda: A. Workshop Minutes/ August 2, 2022 B. Regular Meeting Minutes/ August 2, 2022 C. First Renewal of the City Lake Water Use Agreement/ Southwestern Electric Power Company D. Landowner Agreement/ Illinois River Watershed Partnership/ Kayak Park Conservation Plan/$ 102, 000 E. Contract Approval/ Police/ Less Lethal Axon Enterprise Inc./ Tasers 7/$ 191, 107. 10/ 2022 Budget Amendment/$ 19, 110. 74 F. Budget Amendment/ Police Department/ Vehicle Purchase/ Superior Automotive/ 43, 483. 00 G. Master Services Agreement/ Community Development Department/ Airport Division/ Garver Engineering H. Budget Amendment/ Fire Department/ Vehicle Purchase/ Superior Automotive/ 48, 000. 00 I. Contract Approval/ City Hall Boardroom Overhaul Project/ Howard Technology Solutions/ 114, 989. 24 Board of Directors Meeting Minutes Page l 2 August 16, 2022 J. Resolution 51- 22/ Final Plat Development Permit/ Fox Tail Addition, Phase 2/ 2400 to 2600 Block of East Kenwood Street WITHDRAWN BY APPLICANT Director Allen requested Items H and I be removed from consent. Director Burns requested Items C and D be removed from consent. Director Sappington requested Items D and H be removed from consent. A motion was made by Smiley and seconded by Bums to approve the remaining items on the Consent Agenda. Nation asked for a roll call vote. Motion passed unanimously. Director Bums asked if the amount of monies received annually and deposited in the general fund, from the sale of the water to SWEPCO, could be earmarked to pay for the completion of the City Lake Conservation Plan. Motion to approve Item C was made by Smiley and seconded by Bums. Motion passed unanimously. Item D: Sappington pointed out the amount of money that the city put into the Kayak Park and stated she believed this was a step in the right direction. Bums said the park was an asset to the city including the specific use of swift-water rescue training; he also pointed out that the bank was in bad need of saving to preserve the resources for generations to come; he also asked that Styrofoam and glass be banned from the park. Allen he agreed with and supported every point Bums had made; pointed out the park wasn' t even 10 years old and wouldn' t last another 10 if something wasn' t done; and asked that staff look into moving the parking area to the north. Smiley asked if this project was something that would need to be repeated in the future. Don Clark stated the project was an attempt to mitigate loss and protect the property and to move foot-traffic off the beach area. Hunt indicated she agreed with previous comments and was in favor of protecting the area. Motion to approve Item D was made by Allen and seconded by Hunt. Motion passed unanimously. Item H: Sappington asked what this vehicle was replacing and about the costs of" outfitting" the vehicle. Allen asked why the long wait to amend the budget and why such a huge increase. Chief Criner explained what the vehicle would replace and that the upfit came from a different line item and in this year' s budget; he explained the delay in getting information from the vendor and that it was cheaper to purchase instead of leasing. Motion to approve Item H was made by Smiley and seconded by Hunt. Motion passed unanimously. Item I: Allen said the information given was inadequate; that he was disappointed at receiving only one bid; that the YouTube video quality was awful; and said he would like to reject the bid and put it back out. Anthony Stokes, IT Manager, explained the delay was a result of staffing changes in IT; he said that Howard Technologies had performed work on the current system and was the only bid that was submitted. Allen stated there had to be other companies in NWA who do this type of work and we could have done a better job in advertising. Stokes stated how the bid was advertised. Rissler asked how this compared with Granicus and stated she would like to have seen a presentation. Patterson said this was a hardware project and Granicus was a software program and would provide more visual for the public when voting. Stokes said that the city Board of Directors Meeting Minutes Page 13 August 16, 2022 would own the hardware and the voting system would be a separate software package. Allen pointed out that it was budgeted for in 2021 for a 2022 project and that this should have been started earlier this year and better promoted. Hunt asked if, since there was such a long turn- around time to get the equipment, would it be antiquated by the time it was received. Stokes stated the system should be adequate for several years. Burns suggested we table or reject the bid and put it back out and that we needed to do our due diligence. A motion was made by Allen and seconded by Rissler to reject the bid; go out for new bids; and advertise on high-tech websites and the AR Democrat Gazette. Motion passed unanimously. Mayor Nation asked that we move Item P here at this time to allow for comment. Item P: Resolution 52- 22/ Economic Development Agreement/ Burk Collins and Company, LTD/$ 1, 500, 000. Phillip Patterson briefed the item. Arthur Hulbert, Chamber of Commerce, addressed the Board with his opinion of possible pros and cons, but generally indicated favorability of the resolution. Larry Kenemore, 207 Western Hills Drive, said thank you for the in- depth review of providing tax dollars to implement a commercial development; asked about projected sales in the current economy; asked if anyone had talked with someone from Ada, OK to see what their actual numbers were; and that big box store sales were down as of today. Rissler asked if this item could be tabled to allow her to review the matter further with experts to base her vote on; and that she appreciated Burk Collins for the availability to answer questions. Sappington mentioned a law passed that required a local office for regional managers and that she was glad to see that provision in the agreement and appreciated staff including that. Smiley stated this was not a spur of the moment item and had been in the works for some time; she appreciated Burk Collins presentation and that it was a good incentive for the community. Hunt said she had met with finance and economics instructors as well as a local banker, and that they all agreed it was a good deal and good for the city; she asked that language in the agreement be changed for better clarification. Carroll agreed with Smiley' s comments; said he agreed with the percentages; appreciated the research that had been done and the Burk Collins representatives. Allen said he thought the decision being on the same date as the workshop was not the norm. Bums stated large industry had asked for two things; Quality of Life projects and retail areas; this agreement affords an opportunity to live and shop in the city, if we are willing to accept change and take a leadership role; that he wished the gentleman from the workshop had stayed so the Board could have heard his comments without blurting out and making false accusations of the Board members; that is not how things are done; if you don' t want to raise utility costs, you have to create revenue and accept change; and that we' ll get flack regardless of the way we vote. Smiley agreed with Burns and stated she believed it provided opportunities for other retailers; and that citizens voted and put their trust in the Board to make these decisions. Rissler said she would like to get feedback from the citizens to be their voice. A motion to table was made by Rissler and seconded by Allen. Motion failed 2/ 5 with Hunt, Bums, Sappington, Carroll and Smiley voting no. Rissler stated she was not against this project, but would be voting no on the item because she felt she had not been able to conduct her due diligence. A motion to approve was made by Smiley and seconded by Burns. Motion passed 5/ 2 with Rissler voting no and Allen abstaining. Board of Directors Meeting Minutes Page 14 August 16, 2022 Item L: Ordinance 22- 20/ 3rd Reading/ Annexation of 14. 087 acres/ 21000 Block of Arkansas Highway 16. Ben Rhoads briefed the item. A motion to place Ordinance 22- 20 on its third reading, suspending the rules and reading title only, was made by Sappington and seconded by Carroll. Motion passed unanimously. An ordinance entitled: An Ordinance Accepting the Annexation of Certain Territory Described as 21000 Block of Arkansas Highway16 to the City of Siloam Springs, Arkansas and assigning the same to a Ward; was read on its third reading. A motion to adopt Ordinance 22- 20 was made by Sappington and seconded by Rissler. Motion passed unanimously. Item M: Ordinance 22- 21 / 2nd Reading/ Amending Section 102- 21 of the City Municipal Code/ Rezoning from R- 3 to R- 2/ 2400 to 2600 Block of East Kenwood Street. Ben Rhoads briefed the item. A motion to place Ordinance 22- 21 on its second reading, suspending the rules and reading title only, was made by Smiley and seconded by Carroll. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Section 102- 21 of the Siloam Springs Municipal Code ( City Zoning Map); Rezoning( from R- 3 to R-2) Property Located at the 2400 to 2600 Block of East Kenwood Street; was read on its second reading. Item N: Ordinance 22- 22/ 2nd Reading/ Annexation of 1. 96 acres/ 21733 Carousel Drive. Ben Rhoads briefed the item. Andy Hooper with Bates and Associates asked that the item be placed d on its 2nd and 3` reading. A motion to place Ordinance 22- 22 on its second and third reading, suspending the rules and reading title only, was made by Rissler and seconded by Burns. Motion passed unanimously. An ordinance entitled: An Ordinance Accepting the Annexation of Certain Territory Described as 21733 Carousel Drive to the city of Siloam Springs, Arkansas, and Assigning the Same to a Ward; was read on its second and third reading. A motion to adopt Ordinance 22- 22 was made by Sappington and seconded by Smiley. Motion passed unanimously. Item 0: Ordinance 22- 23 / 2nd Reading/ Amending City Code Chapter 98/ Establishing the Siloam Springs Utility Commission. Phillip Patterson briefed the item. Rissler asked about training; stated her research revealed other cities did not compensate the commissioners; and the terms were for 5- year minimums. Burns suggested the terms be for four years like the Planning Commission. David Allen and Carol Smiley both indicated they would like to sit on the selection committee. A motion to place Ordinance 22- 23 on its second reading, suspending the rules and reading title only, subject to a change in the wording in the utility customer line and making the terms for four years, was made by Rissler and seconded by Burns. Motion passed unanimously. Board of Directors Meeting Minutes Page l 5 August 16, 2022 An ordinance entitled: An Ordinance Establishing the Siloam Springs Utility Commission; was read on its second reading. Item Q: Administrator' s Report: Patterson apologized for not having an item added to the agenda but stated there were two individuals in the audience from solid waste, Michael Stacy and Jeff Hadel. He said they noticed a gentleman in a ditch that they thought may be having a heart attack. They stopped to check on the man, provided shade and stayed with the man until he could be transported. Their supervisor was later told by the family, that the man was suffering a massive heart attack, required emergency surgery and if not for their act, would have died. Michael Stacy stated, " You just want to be there for someone so they will be there for you." Patterson thanked the gentlemen and said they represented, as employees, who we are as a city, and it was an honor to have them on the city workforce. Patterson reviewed the Administrator' s report attached hereto; pointed out a recent Facebook post that mentioned a partnership for 28 Tesla charging stations that was to include restrooms, a playground, etc., and was not accurate in any way. The mayor also thanked the Stacy and Hadel for attending to the gentleman; stated we had held a ribbon- cutting at the water treatment facility; pointed out how proud the employees were of that project; and thanked the citizens for allowing those improvements to happen. She went on to point out that our employees were a part of the planning and design and were allowed to share that information with the engineers and staff, and they took into consideration their remarks. Directors Report: Allen said he appreciated Michael Stacy and Jeff Hadel, our good Samaritans, who set an example to look out for our fellow man; said he was happy to see new officers Gallegos; Taylor; Carter; and Newton, along with their families; asked if a resolution from the city board help in getting more detailed sales tax numbers to the city would be benficial; said it was sad that pranksters use the city logo and post false information that only hurts the city. Smiley said she takes social media with a grain of salt; welcomed the new officers and thanked Michael and Jeff and said that she appreciated them going out of their way to assist; congratulated the water treatment plant on the ribbon- cutting for the upgrades; thanked Burk Collins for the presentation, said that she was excited about the proposal and that it could be a real boost for the city; and pointed out school was back in session and to watch out for the kids and the busses. Carrol said he was able to attend the water treatment plant ribbon- cutting; that it was well presented and showed excellence for our community and the city; said he appreciated Burns' articulation regarding the Kayak Park; mentioned the super moon and said he had wondered what anomaly would happen as a result, and that apparently it was Burns and Allen being able to agree on two items; said school has started and the city was buzzing with activity, and that seeing the young people made him feel young. Rissler thanked Michael and Jeff; asked if she could see the presentation that Jonathan Barnett had provided regarding Coons Addition and Country Acres, Phase II, sewer projects and believed this project was going to continue to come up; asked how the ADEQ got involved; said she was excited for the upcoming IRWP workshop; asked when the Daddy/ Daughter Dance would be back; and said her way of serving the city was unique and she was okay with that; she was serving the citizens like she would want to be served and she was not going to change. The mayor pointed out in the past when Dawn Hill  Board of Directors Meeting Minutes Page 16 August 16, 2022 annexation was discussed, it was known that ADEQ would immediately be at the city' s door. Sappington said she enjoyed seeing the new employees at the PD, and staff that we can thank in person; said she had taught in the school system and it was great to see students grow up and be responsible; the school did a backpack giveaway and 850 kids were served; thanked the citizens and civic organizations for their generosity and thanked the American Legion for their recent donation to the Manna Center; said we needed to look further at the city' s bid process to get more competent and skilled vendors; that she was excited about the information received from Burk Collins and the potential benefits; said we shouldn' t try to change nature to fit out needs like what has been done at the Kayak Park without taking precautions to preserve it. Burns said he hoped Dawn Hill works out and the city also has infrastructure issues; said there is a concert at the Chautauqua Amphitheater this Saturday and encouraged citizens to get out and enjoy it; spoke about issues on Mt. Olive with the speed and said something needs to be done to slow drivers down going north, including a possible speed table. Hunt said we are all unique in the way we serve and it makes for a more effective Board; asked that we embrace citizens as they are also unique in the way they want to be served and to show each other grace; reminded citizens that if something on social media looks odd, ask questions; welcomed the new officers at the PD; thanked Michael and Jeff for saving the fellow citizen; watch out as school is back and JBU classes would start on Monday; said she attended the ribbon-cutting and thanks the Bums McDonnell, Steve Gorszczyk, staff and citizens for funding the project; and mentioned Larry Thompson' s passion for the WTP project. With no further business, a Motion to adjourn was made by Hunt and seconded by Carroll. A voice vote was called. Motion passed unanimously. Meeting adjourned. ATTEST: APPROVED: Renea llis, City Clerk, CAMC/ CMC J ation, ay ri' Seal} V-• q/ ' i,, s/ Is cp 9'' SEAL h 8p s•'' ... N  r": 41 Siloa t I1 I Spgs PI° A Administrator' s Report August 16, 2022 1. Expenditures: S31, 440. 00/ Airport/ 8000 gallons Jet- A Fuel ( resupply) 31, 554. 00/ Airport/ 8000 gallons Jet- A fuel ( resupply) ( sold over 10, 00 gallons in 2 weeks/ more flights scheduled for next couple weeks) 40,000.00/ Electric/ Right-of-Way Tree Clearing( power line running down South Elm to Raines Road and the taps that run behind the houses on the side streets) Per Resolution 61- 21 89, 400. 00/ Electric/ 30, 000' 4/ 0 Primary Wire/ Inventory/ General Line Extension/ Maintenance 7/ 19/ 23 estimated delivery date) S90, 675. 00/ Electric/ 32, 500' 1/ 0 Primary Wire/ Inventory/ General Line Extension/ Maintenance 76, 125. 00/ Electric/ 7, 500' 1000 Primary Wire/ Inventor) 94, 848. 00/ Electric/ 52 25kva 240/ 120 1 PH Pad Mount Transformers/ Inventory/ New Customer/ Maintenance 95, 520. 00/ Electric/ 40 37. 5kva 240/ 120 1 PH Pad Mount Transformers/ Inventory/ New Customer/ Maintenance 95, 580. 00/ Electric/ 36 50kva 240/ 120 I PH Pad Mount Transformers/ Inventory/ New Customer/ Maintenance 2. Dawn Hill Sewer Project— per a letter dated August 4th and address to Benton County Judge Moehring, the attorney for the Woods has notified the County that they are not supportive of the sanitary sewer system proposed by the Dawn Hill Property Owners Association and will be pursuing annexation discussions with the City of Gentry. Per Judge Moehring' s response, the proposed funding of the project with County ARPA funds has been indefinitely tabled. However, ADEQ is very interested in resolving the sewer issue and is working with ANRC in an attempt to possibly secure state grants to fund the project. 3. July 2022 Tax Receipts Month up 6. 9% YTD up 10. 0% County Month up 5. 9% YTD up 3. 7%