Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD MARCH 21, 2023 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on March 21, 2023. The meeting was called to order by Mayor Judy Nation. Roll Call: Allen, Carroll, Hunt, Rissler, Blair, Wiles, Smiley— Present. City Representatives Present: Christina Petriches, Acting City Administrator; Renea Ellis, City Clerk; Chief Jeremey Criner, Fire Department; Chief Allan Gilbert, Police Department; and Don Clark, Community Development Director. Director Wiles 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. Blake Jones, 1105 E. Courage spoke to the Board about certain redactions being in violation of FOIA laws and asked that those responsible be held accountable. Tim Estes, 18317 Osgood Lane, President of the Chamber of Commerce, thanked the Board for their service to the community; pointed out the negativity and division could drive a wedge between people; encouraged a thread of civility and general dignity and respect as the world was watching; and said it could deter families and/ or businesses from wanting to come to Siloam due to the municipal fray. Robin Waits, 114 S. Broadway, asked who called for the last Special- Called meeting; why it was set at 3: 30 pm; asked that in the future, meetings be set after 5pm to allow for public comment and attendance, with 24- hour advanced notice if possible; why the request to tabled was denied and specifically why those who voted no, did so; and stated that people are afraid to speak in front of the Board for fear of retaliation. Kent Wyatt, 1108 W. Jewel Street, spoke about conversation on books at past meeting; and stated he believed certain rights should not be held above sacrificing children and young people; books are not more sacred than kids; spoke about a transgender- authored book; and that he believed a sign that read" Explicit Sexual Content" should never be required at the library; and he believed we should manage our sexual behavior or they would destroy us. Gene Lindsey, 14708 Oakcrest Drive, said he worked at the Los Alamos, NM National Laboratory in search of truth in many areas; said the books previously mentioned were" not truth but brainwashing and not natural according to nature." Chainey Macak, 516 W. Magnolia, said he was here because of the LGBTQ books put on trial by members of our community; pointed out that it is important to protect the rights of all members of our community, including the LGBTQ; the books have never been found to be harmful, and that a court of law could only decide that; removal could be seen as viewer discretion which is protected by the AR Civil Rights Act of 1993, and removal is unconstitutional; and encouraged library staff be allowed to continue what books are appropriate. Casey Letellier, 610 E. Delaware, said he had fond memories of" boring" board meetings with little sense of politics, with all working toward the good of Siloam; it was disappointing that the administrator was fired without cause; calling a special meeting at a time the working people can' t attend, and stacking the screening committee; no competent administrator would want to come to work here because of undermining competent duty performance;and that there are petitions to recall Directors Allen and Rissler at Ivory Bill and Heart Board of Directors Meeting Minutes Page 12 March 21, 2023 of the Home for people to sign. Jordan pointed out the state motto;" The Howard, 312 S. College, People Rule" and that as representatives, the Board was elected to represent the will of the people and not advance personal agendas; believes that four directors have malfunctioned in this way as seen in a pattern, including the firing of Patterson who could not be controlled, and those actions do not represent the people and that they will be held accountable. Kelsey Howard, 312 S. College, said our form of government was special; echoed true representative must make it a priority to listen; that she had canvassed her neighborhood with regard to the recall effort; that holding people accountable requires bravery; and remember the board' s job is to listen and represent. Megan Feyerabend, 414 S. Wright, yielded her three minutes to Matt Feyerabend. Matt Feyerabend, 414 S. Wright, spoke of termination of Patterson without cause; that it shocked the community and would cost the city 180,000; asked if this was planned, and gave scenarios for the possible reasons for the firing; asked about amendment to board rules which could circumvent public input; that Rissler didn' t live in the city limits; ( seven total homes in the community) that pay zero city property taxes; is billed for utilities at a county rate; that of the seven, she and her husband are the only two allowed to vote in city elections; that she is not a qualified elector and should resign her position. Jason Lanker, 120 S. Maxwell, stated Feyerabend had a right to state his opinion, and having a voice was essential; divisiveness comes when two people can' t talk; our city deserves people who can dialogue like Feyerabend, and that is what' s requested from the Board. 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. Special- Called Minutes/ March 13, 2023 B. Workshop Minutes/ March 7, 2023 C. Regular Meeting Minutes/ March 7, 2023 D. Dedication of Utility Easements and Right-of-Way/ 2795 and 2831 Waukesha Road E. Resolution 19- 23 / Setting Hearing Date for Easement Vacation/ 3299 Highway 412 E F. 2022 Destruction Affidavit Director Hunt requested Item F be removed from consent. A motion to approve the consent agenda was made by Carroll and seconded by Smiley. Motion passed unanimously. Hunt asked about the retention requirement for employee applications, and made a motion that the item be tabled to the next meeting, seconded by Allen, for further clarification. Motion passed unanimously. G. Approve Posting for City Administrator Job Opening. Petriches announced the screening committee had met, and approved the notice for the posting for the city administrator position. A motion was made by Allen and seconded by Wiles to post. Motion passed unanimously. Board of Directors Meeting Minutes Page 13 March 21, 2023 d H. Ordinance 23- 03 / 3` Reading / Amending Chapter 22 ( Business Code) / Mobile food vending. Maegan Thomas briefed the item. A motion was made by Smiley and seconded by Carroll to place Ordinance 23- 03 on its third 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 third reading. A motion to adopt Ordinance 23- 03 was made by Smiley and seconded by Hunt. Motion passed unanimously. I. Ordinance 23- 05/ 2nd Reading/ Amending City Municipal Code/ Chapter 102 Zoning/ Self- Storage Facilities. Maegan Thomas briefed the item. A motion was made by Smiley and seconded by Carroll to place Ordinance 23- 05 on its second 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 second reading. J. 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. Maegan Thomas briefed the item. Smiley asked what staff was proposing with the additional traffic on Hwy. 16. Don Clark pointed out the city had been contacted by ARDoT that an intersection improvement was warranted, and that it would be paid for, partially with grant money. Blair asked about updating Keck Road. Clark pointed out Keck Road was in the count and that he would have Kevin Moore available at the next meeting for questions. A motion was made by Smiley and seconded by Hunt to place Ordinance 23- 06 on its second 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 second reading. K. Ordinance 23- 07/ 1st Reading/ Annexation of 18. 47 acres/ 2270 Dawn Hill Road. Maegan Thomas briefed the item. A motion was made by Carroll and seconded by Smiley to place Ordinance 23- 07 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: An Ordinance Accepting the Annexation of Certain Territory Described as 2270 Dawn Hill Road to the City of Siloam Springs, Arkansas, and Assigning Same to a Ward; was read on its first reading. L. Administrator' s Report. Petriches reviewed the report attached hereto. Directors Report. Director Allen made a motion to appoint Carla Wasson to the vacancy left by Arthur Hulbert on the screening committee, seconded by Blair. Hunt nominated Tammy Engle to fill Board of Directors Meeting Minutes Page 14 March 21, 2023 the vacancy. Engle declined the nomination. Carroll nominated Chris Blair, seconded by Smiley. Hunt asked about the role of Director Rissler' s role on the committee. Rissler stated she would like her role only be to answer questions and break ties. A vote was taken to appoint Wasson to the screening committee. Motion passed 4- 3 with Hunt, Carroll and Smiley voting no. Allen stated he had heard from the committee and they were all pleased with Rissler' s role. Carroll said he did not hear from the committee, and would like to be included in those reports. Rissler announced she would be providing reports after the committee met to the Board. A poll of the board members was taken on the role of Rissler on the committee. Each was ok with the stated role, if due process was followed. Allen pointed out that the committee was only screening the applications. Petriches reminded the audience, at this time, that the library would be closed the first week of April for updates and training. Smiley asked if there was a copy of the Administrator' s report. Allen asked if it would be possible to go into executive session before directors reports. Carroll said he thought those in attendance would prefer the directors reports be heard first, which Hunt and Smiley agreed with. Directors Report: Hunt thanked those in attendance; and read a prepared statement, a copy of which is attached hereto. Wiles said he appreciated everyone here; statements were made that the BOD doesn' t listen to the citizens and that is false; he said for everyone stating their disapproval, he had been contacted with comments of approval; personal attacks get nowhere; he had reached out to people to discuss the issue with no takers; adult conversations aren' t possible; do your research before you pass judgment, and ask questions before you make rash judgments and make personal attacks. Blair said her agenda was streets and drainage; that the senior citizen center provides numerous services, including a taxi service for$ 2. 50 per ride; drainage is an issue; let the BOD know if you have drainage issues; asked that the Brentwood project be moved up; that ponds are not maintained properly and she would like to see that addressed; that she voted for cause but it was not her decision alone— there are two sides to every story and some don' t speak out for fear of retaliation; and that she didn' t understand the terms of Patterson' s contract, but maybe other board members could explain it; and that she has no secret agenda. Rissler gave the" selection" committee report; said she will deal with her address— that she verified with the county and state that she was qualified to run for her position; and that she will not speak about anything that will cause anymore division and that we need to move forward peacefully. Carroll thanked Petriches for her work in the interim position; stated Patterson did a fine job and he has his full faith and confidence in his abilities and believes due process was not followed; it is not the time for apathy and that we need to engage with tremendous respect and act like the one of the top 7 cities to live in in Arkansas that he had recently read about; that it is time for all of us to band together to be the community we are; asked the audience to be proactive; and thanked all for their attendance and their concern. Smiley said she appreciated the citizens who spoke; she is still shocked that Patterson isn' t here, especially after the Community Survey showed above average rating; she that she had only received one comment in favor of his termination, all others were against; congratulated Steve Gorszczyk and his Water Treatment Plant staff who were recognized at the 2023 Engineering Excellence Awards presented by the American Council of Engineering Companies of Arkansas; that we live in a very good city and we will move forward; stated the fire department has an online survey and encouraged participation; that she still supports Patterson; that questions or concerns were addressed quickly by him; and stated he cared and has a passion for the city. Allen asked Jay Board of Directors Meeting Minutes Page 15 March 21, 2023 Williams to look into the comments made by Blake Jones; that no board member asked Patterson to pull any book off the library shelves; that the board didn' t approve Patterson' s continued employment but approved only a raise and that not all of his reviews were good; that changes in board rules took back state law requirements; that the BOD represents all citizens, not just special interest groups; that Feyerabend' s comments were false; that he had no desire to be mayor; that Patterson' s contract was approved by a previous board and all but three directors were on the board to add two times the severance; state laws were changed in Patterson' s favor while he sat on Arkansas Municipal League Committees; and that he had overstepped his boundaries. Blair said our type of government was good because of the checks and balances system, but those had been taken away and given to Patterson. Allen gave examples. Smiley asked for clarification on Rissler' s qualifications to serve on the Board. Rissler said she had documentation stating she was qualified. The mayor then addressed the question about the special- called meeting; stated she called it and apologized for calling it in the middle of the afternoon; and pointed out that a workshop was scheduled for the 2nd meeting in April on drainage. A motion for executive session to discuss the terms of employment for an employee was made by Allen and seconded by Rissler. Motion passed unanimously. The Board retired to executive session at 8: 29 pm. The Board reconvened at 8: 54 pm. Director Carroll made a motion to increase Petriches' salary by 400 per week until 30 days following the hiring of a new city administrator. Motion passed unanimously. Carroll then made a motion to increase the city clerk' s salary$ 250 per week until 30 days following the hiring of a new city administrator. Motion passed unanimously. With no further business, a motion to adjourn was made by Allen and seconded by Smiley. Nation called for a vote. Motion passed unanimously. Meeting adjourned. ATTEST: APPROVED: l enea llis, City Clerk, CAMC/ CMC J dy , ation, ayor CITY+ o,, o., aanuuuuigiiiyi WW q IL *- S Aarwoe iMour nimmooe 4 11', ARK ¢ Board of Directors Meeting Minutes Page 6 March 21, 2023 DIRECTOR HUNT' S COMMENTS: 3/ 13/ 2023 — Special Called Meeting From Lesa, I just want this over with. This is stressful whether people think it is or not. Whether you believe it or not, I want our city moving forward. Only the people that are sitting up here know the truth of everything and so I am just ready for us to move forward and to work together. I agree with the sentiment that this has been stressful and that we need to continue moving forward, but I can' t say with 100% certainty that I know the truth of everything. I know what was stated in the Executive Session, but, in my opinion, none of the things shared were fireable offenses. As recently as November, we evaluated Phillip as a board and unanimously agreed to continue his employment Since then, board members have commended Phillip for his work. Some of the exact quotes made by board members during director' s reports since December include: 12/ 6/ 2023 Phillip was praised for securing funding for water plant upgrades through the American Rescue plan which provided for federal tax dollars to be applied toward the water plant upgrade thus lowering the amount of money owed by the city. 12/ 20/ 2023 Phillip was thanked for getting the PSAP signature . . . the board member who thanked him called it one of his biggest accomplishments of the year and acknowledged that he really went to bat for the city in what was a long fight with the state and other cities. 1/ 3/ 2023 Phillip was thanked for reacting so quickly to concerns from Zumba participants that classes were going to be cut from 2 days to 1 day per week. This board member expressed appreciation for Phillip and staff for making sure Zumba remained at 2 times per week. This board member also expressed appreciation for Phillip knowing right away how to deal with a situation involving a city employee that some in the city felt had not been treated fairly. 2/ 21/ 2023 Philip was thanked for all the research and hard work he did on the Broadband issue. This board has talked a great deal about wanting to be transparent including on January 17 when concerns about changes in board policies were addressed by one board member who assured citizens that the changes were practical applications simply for transparency and informing the board and the public. Citizens have been begging us for an explanation as to why we fired Philip Patterson. In response, we' ve said" we can' t discuss what was discussed in an executive session," or" we can' t discusspersonnel issues." It' s left citizens thinking that either we did something very wrong in the way we handled the termination and/ or that Phillip Patterson did something very wrong. By virtue of the fact that we terminated him without cause and that three voted against the termination, I still feel confident in saying that Philip Patterson did nothing to deserve termination. I' m not as confident in how we handled the termination and I don' t blame citizens for being upset. In addition to the questions about why Phillip was fired, I' ve heard from many citizens including city employees) who very much appreciated his work and can' t understand why we would fire someone who has done so many good things for our town. Of the 25- 30 citizens who Board of Directors Meeting Minutes Page 7 March 21, 2023 have personally reached out to me, only 1 has agreed with the decision to terminate. To say I know the truth of why he was fired implies I somehow agreed that there was some reason and yet the motion to terminate and abide by the terms of the contract which states that the city administrator will get a full year' s severance if fired without cause is, in itself, suggesting there wasn' t cause. As I' ve already stated publicly and voted accordingly, I had full confidence in Phillip Patterson' s ability as our city administrator. So, what' s the truth? In my opinion, we owe it to both the citizens and Phillip to provide more of an explanation of our actions. I' ve also been asked by several if the board has an agenda. When I ran in 2018 and again in 2022, I made it clear that I personally do not have an agenda other than to do what city councils typically do which is to improve streets, fix drainage issues, provide suitable housing for all, increase economics development opportunities, etc. So, is there an agenda that I don' t know about? If so, don' t our citizens deserve to know what it is?  Board of Directors Meeting Minutes Page 18 March 21, 2023 CITY O Si0amSprmgs Administrator' s Report March 21, 2023 1. February Sales Tax Receipts C o Up 1. 8% for February o 3. 4% YTD County o Up 5% for the month o 8% YTD 2. Expenditures: 30, 583. 35— PD/ FD/ CD/ Elec/ Street/ WSvc/ WWSvc— AWIN Annual System Maint. by Motorola 42, 338. 20— Purchasing—( 27360) 4" PVC Pipe 20ft Section/ Inventory 42, 840. 00— Water Treatment Plant— Sodium Hypochlorite 12. 5% ( process chemical) 46, 098. 20— Purchasing—( 89,600) 2" PVC Pipe 20ft Section/Inventory Per Resolution 43- 22 88, 305. 00— Electric— 7500 ft of 750 URD EPR Primary Wire/ Inventory 75, 385. 00— Electric- 5000 ft of 1000 URD EPR Primary Wire/ Inventory 97, 807. 50— Electric—( 17) 25KVA 240/ 120 1PH Pad Mount Transformer/ Inventory 95, 860. 00— Electric—( 10) 250KVA 240/ 120 1PH Pad Mount Transformer/ Inventory 95, 550. 00— Electric—( 30) 37. 5KVA 240/ 120 1PH Pad Mount Transformer/ Inventory 3/" 99, 840. 00— Water—( 260) 5/ 8" x AMI Water Meters/ Inventory 3. Regarding the Screening Committee: a. One of the committee members for the city administrator screening committee has rescinded his acceptance of the position. Would the Board like to appoint another member for the committee? b. Director Rissler would like to change her role on the committee to one of answering questions and acting as a tiebreaker as needed. She proposed this change the morning after her appointment. However, after consulting with Jay and AML, the Board must approve any change to the duties of the appointed committee members. Is this change acceptable to the Board? 4. I would like to remind everyone that the library is closing the first week of April due to changing the main software which will disrupt our ability to effectively serve our patrons. Staff will use this time to do some collections maintenance, deep cleaning, and training.