Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD MARCH 7, 2023 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on March 7, 2023. The meeting was called to order by Mayor Judy Nation. Roll Call: Allen, Carroll, Hunt, Rissler, Blair, Wiles, Smiley— Present. City Representatives Present: Phillip Patterson, City Administrator; Renea Ellis, City Clerk; Chief Jeremey Criner, Fire Department; Chief Allan Gilbert, Police Department; Don Clark, Community Development Director; Ben Rhoads, Sr. City Planner; and Kevin Moore, City Engineer. Director Blair 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 not on the City' s agenda. Stacy Morris, Main Street Siloam Springs, gave a shout out to the Discover Siloam Springs team( Chamber, City and Main Street representatives); explained that a group had been invited by the Tour Tahlequah team to visit and see how they promote tourism in their area; that a group from Tahlequah had come back to Siloam to tour our downtown, Memorial Park, took E- bike rides, courtesy of Phat Tire, and visited the Kayak Park; stated a Westville, OK city council member had reached out to MSSS as it is in the planning stages of revitalizing its downtown; and it considers downtown Siloam was a model for them; reminded the audience that Girls Night Out was this Thursday from 5- 8p, and the Brick Ballroom would be handing out goody bags. Kevin Williams, 2604 Cortney Circle, commended the Board on the recent passage of the Pro- Life Community resolution, and stated he believed that the city should be involved in the placement of baby boxes at different locations around the city. Stacy Bingham, 2200 N. Mt. Olive, spoke about a different perspective regarding the books recently removed from the library; about her children' s participation in library hosted events; about guided reading with her children and the importance of critical thinking; spoke about the passage of the Library Bill of Rights, which addressed censorship of minorities in 1939; and that the American Library Association approved the books that had been removed as resources; and that one person should not be able to dictate to an entire town what is appropriate and what' s not. Shohreh Noorbakhsh, 1855 Villa View Drive, thanked the Board for unanimously voting for the Pro- Life resolution; stated she appreciates the godly spirit in America; that she appreciates the information on the books in the library; that it is the parents' right to decide what is good for their children, but that she did not agree with the content of the books and she supports their removal. The mayor asked Patterson to give an update on the library issue. Patterson reported on the library matter as outlined in the Administrator' s report attached hereto, including a proposed policy. Public Comment continued: Chainey Macak, 516 Magnolia, expressed concern about the removal of certain books from the library and stated Patterson had stepped out of his authority my removing them; that authority should remain with library staff; he believed it violated his, and other parents' Board of Directors Meeting Minutes Page 12 March 7, 2023 rights to choose what was good for their family; what is offensive to one person may not be offensive to the whole; all users have the 1st Amendment right to choose what to read, including the LGBTQ community, and this right must be protected. Derrek Arce, 20588 Nicodemus Church Road, said he gave testimony in Little Rock on SB 81; the proposed process appears" to consult the fox about the henhouse;" SB 81 has clear delineation of material harmful to minors; presented additional material that could be harmful to children, and not beneficial to minors; he was targeting material which sexualizes children; he cares about all children; and if you oppose removing the material that sexualizes children it' s because you want to prey on children, as either a pedophile or pervert. Matt Feyerabend, 414 S. Wright, pointed out that Mr. Arce did not find the books in the children' s section of the library as he had previously stated, but on the other side of the library in the young adult section; our library doesn' t allow children in the library under the age of 11 without an adult; there is no issue of children" finding" books; if you found an LGBTQ book, it was because you were looking for it; asked are we trying to control what other people have access to and the knowledge of the world around us. Marika Fain, 403 N. Wright, stated she had a third grader and a preschooler and had read one of the books, I am Jazz, to her children and stated how much they enjoyed it; said it is a story about a girl and her friends at school, and what they like to do, which does not sexualize children; that she doesn' t understand why that book is being accused of sexualizing children; that her daughter told her it was her job and other mommy and daddy' s job to say what kids can read; that parents should decide what their children can read; and that clearly transgender was being targeted as deviant or inappropriate. The mayor asked if there were any comments from the audience regarding an item on the Consent Agenda. No one came forward. Consent Agenda: A. Regular Meeting Minutes/ February 21, 2023 B. Resolution 16- 23 / Special Use Development Permit/ Short Term Rental/ 411 North Broadway Street C. Resolution 17- 23/ Special Use Development Permit/ Short Term Rental/ 315 West Harvard Street D. Budget Amendment/ Finance/ Misc. 2022 Purchase Items A motion to approve the Consent Agenda, as presented, was made by Smiley and seconded by Carroll. Motion passed unanimously. E. 2023 ROW Mowing/ Custom Lawn Care/ $ 66, 000. 00. Travis Chaney briefed the item. Director Rissler asked if the city used growth inhibitors to delay growth, or if other departments would help with the mowing, and if the medians could be mowed at night. Smiley asked about the hours of time expended and pointed out negating safety issues if contracted. Hunt asked about the duration of the contract. Allen asked if the state still mowed the 412 medians twice a year; why only 2 local companies were sent a notice to bid; and if we closed a lane when mowing. Blair asked why this year we were looking to contract the work, as it was a lot of money; and why did there need to be grass in the median. Carroll said if it saves the city$ 10, 000 and keeps our employees out of harms way, it was a win/win situation. Chaney said growth inhibitors were not used and were very costly; other departments don' t use finish mowers, and those are required; ARDot does not recommend mowing at night due to safety issues; that this year the city had taken on the responsibility of the Board of Directors Meeting Minutes Page 13 March 7, 2023 upkeep of the ball fields, and contracting will allow more attention to the parks. Patterson addressed Blair' s questions about grass in the median, but pointed out the cost for the first phase was a million-dollar project and the Board voted it down. Clark explained that streets couldn' t help due to the fact their money was restricted and using them would be a violation of the financial policy. A motion was made by Smiley and seconded by Hunt to approve the item. Motion passed 6- 1 with Blair voting no. A brief recess was called at this time. The meeting was reconvened. F. Ordinance 23- 03 / 2nd Reading / Amending Chapter 22 ( Business Code) / Mobile food vending. Ben Rhoads briefed the item. Mike Griffin, from Griffin' s food court, requested confirmation that the time limits had been removed, ( confirmed) and had a brief discussion with the Board. Macy Vang, 101 Alpine, explained the reason for her food truck not being in operation for several months, including illness and a house fire; asked for clarification on the time limits requirements, confirmed time limits had been removed); time for ceased operation before the truck needs to be moved, ( 90 days); and bathroom only applicable for food courts). A motion was requirements, ( made by Smiley and seconded by Hunt, to place Ordinance 23- 03 on its second reading, suspending the rules and reading by title only. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Chapter 22 of the Municipal code with Respect to Mobile Food Vending; was read on its second reading. G. Ordinance 23- 04/ lst Reading/ Amending City Municipal Code/ Chapter 102 Zoning/ Short- Term Rentals REQUEST FOR WITHDRAWAL. Patterson explained the withdrawal request. There was no opposition from the Board to the withdrawal. H. Ordinance 23- 05/ lst Reading/ Amending City Municipal Code/ Chapter 102 Zoning/ Self- Storage Facilities. Ben Rhoads briefed the item. A motion was made by Smiley and seconded by Carroll to place Ordinance 23- 05 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Chapter 102 of the Municipal Code with Respect to Consumer Self-Storage Facilities; was read on its first reading. I. Ordinance 23- 06/ 1st Reading/ Amending Section 102-21 of the City Municipal Code/ Rezoning from I- 1 to P- D/ 21000 Block of South Arkansas Highway 16. Ben Rhoads briefed the item, along with Item " P' simultaneously. Director Rissler had questions about the increase in traffic onto Hwy. 16 and the potential for a traffic study. Hunt asked for clarification of the extension of Keck Road. A motion was made by Smiley and seconded by Hunt to place Ordinance 23- 06 on its first reading, suspending the rules and reading title only, with staffs recommended conditions. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Section 102- 21 of the Siloam Springs Municipal Code( City Zoning Map); Rezoning( From I- 1 to P- D) Property Located at the 21000 Block of Arkansas Highway 16; was read on its first reading. Board of Directors Meeting Minutes Page 14 March 7, 2023 J. Resolution 18- 23 / Significant Development Permit/ 21000 Block of South Arkansas Highway 16( Dogwood Place Apartments). Rhoads had previously briefed this item. Brian McKenzie, 104 S. Maxwell, expressed support of this item, and stated he believed affordable housing is lacking and hoped this would help alleviate the problem. A motion was made by Hunt and seconded by Carroll to approve Resolution 18- 23. Motion passed unanimously. K. 2022 Year- End Financials. Christina Petriches reviewed the financials. L. Administrator' s Report. Patterson reviewed the report attached hereto. Directors Report. Director Allen thanked Kevin Williams for bringing the baby box matter up to the Board and stated his agreement; thanked Stacy Morris for keeping the Board updated on Main Street' s activities; and stated he would like to make a motion to go into executive session to discuss the employment of an employee, before the meeting was adjourned, which was seconded by Wiles. Motion passed 6- 1 with Carroll voting no. Smiley thanked the History Museum for the exhibit and reception for the Troy Anderson paintings, that it was really wonderful that Siloam has such a talented local artist who supports the museum, his exhibits are beautiful; thanked city crews for keeping Siloam beautiful; thinks the baby boxes are a wonderful idea; stated she believed the process for comment was cumbersome; that Girls Night Out was this Thursday and the 1st Church would be offering a play area for kids to allow moms the opportunity to look around. Carroll said he looked forward to spring; the sunshine had been a help to him; that the workshop that was presented shows the city to be in really good shape and headed in the right direction; that we have a bright future ahead of us; and that he looks forward to what Siloam has to offer. Rissler also thanked Kevin Williams for his comments on the baby boxes; asked about the addition of Pickle Ball Court; and about a Mother/Son Dance. Don Clark explained that the dance had not gone over well in the past, but P& R was looking into other possible events. Rissler also pointed out the trail between Hico and Tahlequah was" creepy" and asked about the possibility of cameras in that area, and other areas that are tucked away. Blair said she had received comments about city employees not wearing their seatbelts; asked that the upcoming workshop on drainage be promoted and citizens with drainage issues be reported to the city; that she had visited various entities, including Ability Tree and the Senior Center, and announced that the Senior Center provided day trips on Thursdays, gospel singing on Tuesdays, a water color class on Wednesdays, that lunches are provided for a$ 4 donation fee, if you can afford it, and a taxi service that it has for$ 2. 50 a trip, with 24- hour notice; but there is no service for out of town appointments, and would like to see that looked in to; and you can follow me on Facebook. Wiles evident how good of a place Siloam Springs is as show by the survey; and he' s grateful to take part in this; and thanked everyone. Hunt said she was committed to listening to all citizens; that she had heard from several citizens that they were afraid Siloam was heading in a direction that will make some in the community feel unwelcome, and [ citizen] " It feels like Siloam has locked themselves into an agenda that will cause harm and inhibit true community where all are welcome to thrive and grow"; that it was her responsibility to make all persons welcome in Siloam, treat all persons with dignity and respect, and listen to all persons regardless of their beliefs and backgrounds, to value all human life; she pointed out all the non- profits in town, the possibilities of partnership to highlight these organizations; thanked staff for the work done to provide the ordinances and resolutions to the city' s website; was pleased with the results from the survey and read one of the responses, and suggested a" welcome packet" when signing up for city utilities; congratulated the police chief for acquiring the departments' accreditation; that there is a large group that participates in Zumba, and thanked the Board for keeping 2 classes a week; and that there was an Board of Directors Meeting Minutes Page 5 March 7, 2023 issue with the corner behind Harbor Freight turning right on to Tulsa, and that city staff had put in curbing. As the vote had passed to go into executive session by 6- 1 vote, the Board went retired into executive session at 9: 25pm. The Board reconvened. Director Allen made a motion to terminate the city administrator' s contract, effective immediately, with all severance and benefits provided by the current contract be followed per the contract, which was seconded by Rissler. Carroll stated he had full faith and confidence in Phillip Patterson and the work he has done and is doing, and that he appreciates him. Smiley stated Patterson has her full confidence, that he has done a good job and that she appreciates all that he has done and all he' s accomplished for the city. Hunt stated she had appreciated working with Patterson for the last four years, that he has her full confidence in his ability, that she thinks he brings a lot to the City of Siloam; I' ve appreciated your efforts and what you' ve accomplished and I have full support of your continued employment in Siloam Springs. The mayor asked the city attorney if the vote needed to be a simple majority or a two- thirds majority vote. Williams indicated a simple majority. The clerk asked for clarification of the motion. Allen provided. Carroll asked the mayor to explain what a yes or vote meant. The mayor stated a yes vote means termination; a no vote means you are against termination. The motion passed 4- 3 with Smiley, Hunt and Carroll voting no. Motion made a motion to appoint Police Chief Allen Gilbert as interim acting city administrator. Gilbert indicated that he would not accept the nomination. The mayor asked if there was another nomination. Rissler asked if the nomination had to be for a city employee. The mayor indicated it would need to be a city employee. Rissler asked for a list of the people that are underneath Patterson. The clerk announced it was Allen Gilbert, Jeremey Criner, Don Clark, Christina Petriches, Steve Gorszczyk, and Misty McGlothlin. A motion was made by Allen and seconded by Rissler that Christina Petriches be appointed as Interim City Administrator. Carroll asked if we could get Petriches nomination. The mayor indicated a vote needed to be taken. Motion passed 4- 3, with Hunt, Carroll and Smiley voting no. With no further business, a motion to adjourn was made by Wiles and seconded by Rissler. Nation called for a vote. Motion passed unanimously. Meeting adjourned. ATTEST: APPROVED: enea Ellis, City Clerk, CAMC/ CMC Ju Nati , ayor uaotwuuun% AR'tr,4* mxmnmmn11  Siloam Springy Administrator' s Report March 7, 2023 1. Expenditures: 31, 575. 00— Electric— 25 8ft. Fiberglass Dead- End Arms; 25 10ft Fiberglass Dead- End Arms; 25 10ft Tangent Crossarms w/ center mount; 25 8ft Tangent Crossarms w/ center mount/ Inventory 41, 262. 00— Electric— 200 LED Head Street Light Fixtures/ Inventory 46, 392. 00— Fire— Chevy Tahoe Emergency Response Vehicle Per Resolution 43- 22 99, 216. 00— Electric— 600 2s/ 200 RF- Mesh Leaf AMI meter w/ Disconnect/ Inventory/ Meter Change Out/ Maintenance 2. Online Access to Resolutions and Ordinances- The city clerk and staff have recently linked the City' s list of Resolutions and Ordinances to the City' s website. It' s located under the" Government" tab on the homepage and there is then a bullet link to" Resolutions& Ordinances". First time users will need to enable the site' s cookies by clicking on the" sign out" link and then signing back in. 3. Legislative Update HB 1207 Fast Track Permitting- will require all administrative permits to be approved or denied within 60 days or the permit will be automatically approved. This bill is before the House City, County& Local Affairs Committee HB 1370 Investor Owned Utilities& Solar- will allow investor owned utilities to not have net metering as currently required. This bill has been returned to the House by the Insurance& Commerce Committee with a Do Pass. HB 138 l Bidding- will allow things like life cycle cost to be considered when determining lowest price. Passed the House and has been return to the Senate with a Do Pass by the State Agencies and Governmental Affairs Committee HB 1399 Online Publications- will allow cities to publish ordinances and financial statements online rather than in a newspaper. This bill is before the House City, County& Local Affairs Committee HB 1469 Elections- will standardize filing periods for all municipal elections and eliminate the primary election in the city administrator form of government. This bill passed the House and has been transmitted to the Senate. SB81 Library- will require the library to have a policy for the removal of library materials. Passed the Senate and failed in the House Judiciary Committee. SB 197 Short Term Rentals- will prohibit cities from regulating or restricting short term rentals differently than residential units. Pass the Senate and has been referred to the House City, County Local Affairs Committee 4. Library Book Issue Update: As requested, Mr. Arce forwarded me his list of books that he felt were inappropriate for the library. I requested the library provide me with those books and I found out the Mr. 1  Arce had all 10 books checked out. I contacted Mr. Arce and requested that he drop off the books to my office which he did as of Thursday, February 23rd. On that same date I met with the Library Manager Stephanie Freedle, Don Clark, and Jay Williams to discuss the issue. I requested the dates that each of the books were ordered and received by the library, and how many times each book has been checked out, With the understanding that recently there has been a similar issue with libraries in NW Arkansas, staff reviewed the books listed on the Family Council' s listing of children' s books from the State Library Catalog and the Rogers Public Library that contain questionable material or sexual content. This search identified one( 1) additional book. Two( 2) of the books were received after Mrs. Freedle was hired as the Library Manager on June 27, 2022, however, Ms. Freedle did not take over full duties of the Library until July 30, 2022. The first one was already scheduled to be ordered upon her hiring and the other was ordered in mid- September. The library' s records indicate that two( 2) of the books were requested to be ordered by library patrons. Below is the list of books from Mr. Arce along with the one additional book that we found based on the Family Council' s listing. Times On Family Name Ordered Date Date Made Available Checked Council List Out I am Jazz September 8, 2020 September 28, 2020 3 _ N When Aidan Became a Brother August 30, 2021 October 16, 2021 2 y I Was Born for This September 19, 2022 November 9, 2022 2 N The ABC' s of LGBT+ August 20, 2021 September 13, 2021 2 N All Boys Aren' t Blue February 22, 2021 March 3, 2021 6 N May the Best Man Win April 20, 2021 June 11, 2021 10 N Queer, There, and Everywhere: 23 7 August 14, 2017 3 N People Who Changed the World This Book is Gay* April 6, 2022 April 27, 2022 4 N Welcome to St. Hell: My Trans Teen June 29, 2022 July 29, 2022 3 N Misadventure What' s the T? The Guide to All February28, 2022 June 14, 2022 3 N Things Trans and/ or Nonbinary * The above books were provided by Mr. Derrek Arce L8r, g8r( Later Gator) before 2013 26 y Requested by a Patron. Staff is drafting a policy for the selection, removal, and retention of library materials that will comply with the proposed bill currently in the Arkansas Legislature( Senate Bill 81). This bill would require libraries to have a policy that: Provides for any person affected by material in the library may challenge the material' s appropriateness. 2  The library may determine if the challenged material is to remain available to the public, or not, throughout the challenge process. Before a challenge is filed the person affected by the material is to request a meeting with the librarian. After the meeting, the person affected may file a formal challenge of the appropriateness of the material. For the purposes of conducting a review of the appropriateness of the material, the librarian is to select a committee of library personnel who have knowledge appropriate for the material being challenged and be representative of diverse viewpoints. The committee is to determine if the material being challenged meets the criteria of selection. The material being challenged is not to be withdrawn solely for the viewpoints expressed within the material and is to be reviewed in its entirety and not have selected portions taken out of context. After the committee members have had a reasonable time to review the challenged material, the committee will meet with the person affected by the material so that they may present their request to the committee. If the committee votes to not remove the challenged material, the person who submitted the original request may appeal the committee' s decision within 5 working days to the governing body of the City. The appeal must be submitted to the governing body within 15 days of the committee' s decision. The governing body is to review the material and hold a public hearing within 30 days of receipt of the appeal and will have final determination as to whether the material is to remain or be removed from the library' s catalog. All of the books referenced by Mr. Arce along with the other book found on the Family Council' s listing have been removed from the library and will remain removed until the city' s policy is in place. At that time Mr. Arce will be notified that he may start the process for challenging the appropriateness of the books. 5. Police Department received its Re-Accreditation today, and is valid through March 2024. Congratulations! 6. Parks and Recreation' s, Planning Commission' s and Utility Commission' s Minutes are included in the board packet. 3