Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD JUNE 18, 2024 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on June 18, 2024. The meeting was called to order by Mayor Judy Nation. Roll Call: Hunt, Blair, Wiles, Allen, Carroll, Rissler— present. City Representatives Present: Allan Gilbert, City Administrator; Jene' Fain, Assistant City Clerk; Jay Williams, City Attorney; Scott Miller, Police Chief; Kris Paxton, Community Development Director; Ben Rhoads, Senior City Planner; Maegan Thomas, City Planner I; Kevin Moore, City Engineer; Dustin Kindell, Interim Fire Chief; Phil Stokes, Electric Manager; Steve Gorszczyk, Public Works Director; Misty McGlothlin, Human Resources Director; and Christina Petriches, Finance Director. Director Allen led the opening prayer. Mayor Nation led the Pledge of Allegiance. Mayor Nation announced the board would be voting to replace the vacant at-large seat recently vacated by Carol Smiley. Mayor Nation asked the board to present nominations for consideration. Allen nominated Mark Long. Carroll made a motion to go into executive session, however, it did not receive a second vote. Carroll nominated Steve Beers. There were four votes for Mark Long and two votes for Steve Beers. Mark Long shall be appointed interim Board of Director for Position 6. Mayor Nation asked if there were any comments from the audience regarding an item not on the City' s agenda. Mary Nolan with the Siloam Springs Museum announced this Saturday they will be hosting Heritage Day Celebration. They have redone and added new exhibits on display. There will be a session with Rachel Whittaker from Shiloh Museum. She thanks Harps Foods, Centennial Bank and Dayspring for their sponsorships. Arthur Hulbert, 20705 Hwy 16 with the Chamber of Commerce states he appreciates the help and kindness from the community for the tornado victims. They will continue collections to help those who continue to be in need or displaced. The mayor asked if there were any comments on an item on the Consent Agenda. Consent Agenda A. Regular Meeting Minutes/ June 4, 2024 B. Budget Amendment / Water Division / Double- wide Job Trailer / United Rentals / 144, 762. 29 Board of Directors Meeting Minutes Page 2 June 18, 2024 A motion to approve the consent agenda as presented was made by Rissler and seconded by Carroll. Motion passed unanimously. Hunt requested Item B be removed from the consent agenda for discussion. She questioned if the trailer will be temporary or permanent solution for Public Works. Gorszczyk stated he hopes it is temporary, but the funds are not available for a new building at this time and the doublewide trailer would allow them sufficient space to operate at this time. A motion to approve Item B was made by Rissler and seconded by Wiles. Motion passed unanimously. d Item C: Ordinance 24- 14/ 3` reading/ Vacation of Right- of-Way/ 500 Block of South College Street. Kevin Moore briefed the item. A motion was made by Allen and seconded by Carroll, to place Ordinance 24- 14 on its third reading, suspending the rules and reading title only. Motion passed unanimously with Rissler abstaining. An ordinance entitled: AN ORDINANCE VACATING AND ABANDONING RIGHT- OF- WAY AT THE 500 BLOCK OF SOUTH COLLEGE STREET; was read on its third reading. A motion to adopt Ordinance 24- 14 was made by Allen and seconded by Carroll. Motion passed unanimously with Rissler abstaining. Item D: Ordinance 24- 16/ 2nd Reading/ Amending Section 102- 21 of the City Municipal Code/ Rezoning from A- 1 to C- 2/ 3990 Highway 412 East. Kris Paxton briefed the item. A motion was made by Rissler and seconded by Allen, to place Ordinance 24- 16 on its second reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING SECTION 102- 21 OF THE SILOAM SPRINGS MUNICIPAL CODE ( CITY ZONING MAP); REZONING ( FROM A- 1 TO C- 2) PROPERTY LOCATED AT 3990 HIGHWAY 412 EAST; was read on its second reading. Item E: Ordinance 24- 17/ 2nd Reading/ Clerk Retirement/ Renea Ellis. Christina Petriches briefed the item. A motion was made by Allen and seconded by Wiles, to place Ordinance 24- 17 on its second reading, suspending the rules and reading title only. Motion passed 4- 1. Blair abstained from the vote.  Page 3 Board of Directors Meeting Minutes June 18, 2024 An ordinance entitled: AN ORDINANCE APPROVING RETIREMENT BENEFITS FOR CITY CLERK; was read on its second reading. Item F: Ordinance 1st Reading/ Amending City Municipal Code/ Chapter 6 Alcoholic 24- 18/ Beverages/ Neighboring Properties Exception. Maegan Thomas briefed the item. Mike Horton, Trinity Pentecostal Church, 2450 S. Lincoln feels the distances away from churches should be more and not less. He is concerned alcohol becomes easier to obtain and he is afraid the city is setting a precedent with this ordinance. A motion was made by Allen and seconded by Carroll, to place Ordinance 24- 18 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE MUNICIPAL CODE WITH RESPECT TO SPACING REQUIRMENTS FROM PLACES OF WORSHIP; was read on its first reading. Item G: Ordinance 24- 19/ 1st Reading/ Annexation of 9. 89 acres/ 700 Block of West Pittsfield Street. Ben Rhoads briefed the item. A motion was made by Rissler and seconded by Carroll, to place Ordinance 24- 19 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 700 BLOCK OF WEST PITTSFIELD STREET TO THE CITY OF SILOAM SPRINGS, ARKANSAS AND ASSIGNING SAME TO A WARD; was read on its first reading. Item H: Ordinance 24- 20/ 1st Reading/ 2024 Annexation Election. Ben Rhoads briefed the item. The directors believe annexation shall be decided upon between a vote of the citizens and county residents affected. Hunt would like an estimate on numbers and the return rate. Jeff Farmer, 2123 Davidson Road, he wants clarification on whether or not the county residents can opt out of annexation or be removed from annexation. Allen provided him with the law regarding annexation. He stated it is a lot of information to go through and wanted this ordinance tabled. It was explained that it is only the first reading and there will be two other readings. He also questioned Gilbert' s address being north of the proposed annexation allowing him the ability to annex in if the annexation is passed. A motion was made by Rissler and seconded by Wiles, to Board of Directors Meeting Minutes Page 14 June 18, 2024 place Ordinance 24- 20 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF SILOAM SPRINGS AND OTHER AFFECTED PERSONS, THE QUESTION OF ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY FOR THE PURPOSE OF RESPONSIBLE GROWTH, IMPROVED TRANSPORTATION NETWORKS, AND UTILITY COST CONTROL; was read on its first reading. Item I: Ordinance 24- 21 / 1st Reading/ Electric Department/ Agricultural Interruptible Rate. Phil Stokes briefed the item. Rissler asked if he had received any questions. Blair stated the Butlers had told her they were trying to review the information. Stokes stated he had made several phone calls to them. A motion was made by Rissler and seconded by Wiles, to place Ordinance 24- 21 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING SECTION 98- 58 OF THE SILOAM SPRINGS MUNICIPAL CODE TO ESTABLISH THE AGRICULTURAL INTERRUPTIBLE RATE ( AIR) FOR THE SILOAM SPRINGS ELECTRIC DEPARTMENT; AND FOR OTHER PURPOSES; was read on its first reading. Item J: Ordinance 24- 22/ lst and only reading/ Waive Competitive Bidding/ Property Insurance/ Moss Insurance Group/ Declaring an Emergency. Misty McGlothlin briefed the item. A motion was made by Allen and seconded by Rissler, to place Ordinance 24- 22 on its first and only reading declaring an emergency, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MIKE MOSS AGENCY FOR THE PROVISION OF PROPERTY INSURANCE FOR THE CITY, WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING AND DECLARING AN EMERGENCY; was read on its first, second and third reading. A motion to adopt Ordinance 24- 22 was made by Rissler and seconded by Allen. Motion passed unanimously. Board of Directors Meeting Minutes Page 15 June 18, 2024 A motion to declare an emergency of Ordinance 24- 22 was made by Allen and seconded by Carroll. Motion passed unanimously. Item K: Resolution 26- 24/ Special Use Development Permit/ Age Restricted Business/ 202 Highway 412 West Suite ' A.' Maegen Thoams briefed the item. There was lengthy discussion by the board members regarding the types of products sold, their impact on the health and safety of the citizens and the interpretation used to determine whether or not this item should be approved. Chief Miller demonstrated and explained the meaning of" paraphernalia" and that it is regulated by state and federal law. Arthur Hulbert, 20705 Hwy 16 respects the city staff but feels it is not in the health of the city. Justin, 20640 Lake Shore Drive, is an employee of the company wishing to open the store. He states they have safeguards in place and have never been" busted" for selling products to minors in 209 stores nationwide. He expects it to bring taxes into the city. He would like to bring jobs and income to the city. Ken Wyatt, 1109 E. Jewell, states a lot of citizens are not in favor of these stores and feels like it is not in the best interest of the citizens or children. Katie Rennard, 702 E. Delaware, has never smoked a day in her life but is concerned that the decision to deny a business that the board may not personally agree with will set a precedent for other businesses wanting to come into the city. Rebecca Wyatt, 1109 E. Jewell, feels people have a tough time getting off addictive products and does not believe bringing more businesses of this nature is in the best interest of the city. A motion to approve Resolution 26- 24 was made by Carroll and received no second. Motion failed. Item L: Resolution 27- 24/ Special Use Development Permit/ Age Restricted Business/ 1703 Highway 412 West Suite 20. Maegan Thomas briefed the item. A motion to consider Resolution 26- 24 was made by Carroll and received no second. Motion failed. Item L: Resolution 28- 24/ Setting Hearing Date for Easement Vacation/ 4295 Highway 412 East. Kevin Moore briefed the item. A motion to approve Resolution 28- 24 was made by Wiles and seconded by Rissler. Motion passed unanimously. Item N: Administrator' s Report. City Attorney Jay Williams addressed the issue regarding Gilbert' s residence which has come into question. Williams explained the law regarding the requirements of the City Administrator and his residence. He also stated Arkansas case law supporting the fact that Gilbert can have a domicile outside ofthe city limits so long as he maintains a residence within the city limits. Gilbert stated that he does in fact have a residence inside the city limits. Allen stated part of the upset has been his voting, but he knows that at the time of voting Gilbert was told they did not care about his address they just wanted him to vote. He does not understand why this is an issue for anyone. He states the cost of moving amount that was provided was much less than they paid the last city administrator and feels that the amount was fair. He is frustrated that this gossip is on social media posted by fake accounts. He states that Gilbert has gone about and beyond for the city. Blair asked Gilbert if he lived inside the city limits, and he stated yes. His driver' s license has his apartment address on it. He states he has been looking for a new house within the city limits, however the market and interest rates are up making it difficult to find something that work for he and his wife. Rissler stated he was not required to change his driver' s license, but he has done it. She questions why the person did not come to the Board of Directors Meeting Minutes Page 6 June 18, 2024 board with their issues instead of putting it on Facebook. She states she believes Gilbert has been transparent. He is frustrated there are any complaints. Allan Gilbert reported on the items attached hereto. Directors Reports- Allen— He states Allan has handled the gossip like a pro. He thanks those who brought the Baby Box to Siloam Springs. He would like to see guardrails around the pond with the city sign as well as all retention ponds. He feels this board is more initiative- taking. He believes the city has done the right thing regarding the city administrator. He believes mutation of the avian flu is coming. Carroll— His daughter gave birth to identical twins, and everyone is home and healthy. Thursday is the start of the rodeo and the summer solstice. Rissler— Last Friday she went to the VFW Flag ceremony and recommends everyone to go for the experience. The steam engine is coming back through town on June 25th between 11 am— 1 pm. She states her daughter attends events with her and appreciates the leadership and influence on her life. Allan and his staff are a positive in her child' s life and her future. She wishes Marc at the Herald Leader a happy 50th birthday. She has set up a Constitution Camp on August 1st from 9 am 3 pm and August 2nd from 9 am — 12 pm at New Life Church. Lunch on Thursday will be sponsored by Generations Bank. Any volunteers would be appreciated. Blair — She wants to recognize Rissler as someone who does a lot for the city and never seeks recognition for things she has done or paid for out of her own pocket. She states with 4th of July coming to please be considerate of your neighbors, veterans and animals. She asked you to please not wait to lait to seek medication for your animals if they are affected by the fireworks. She also states Lesa has set up a Constitution Camp. She would like to see any funds from the Oklahoma land sale be directed toward savings or city street improvements. Wiles— He states he has been able to spend time pestering the city staff. He appreciates the staff always dropping what they are doing to help him. He thanked Jay Williams for his explanations tonight especially on residences and domiciles. He feels the social media posts were cowardly. He agrees Allan' s work ethic is second to none. He also wants to stress that he feels like Allan should have stayed with his family in Mississippi. Hunt— She congratulated Carroll on his new grandbabies. With no further business, a motion to adjourn was made by Hunt and seconded by Rissler. Meeting adjourned. ATTEST: APPROVED: 411111 as oat\\ a\\\\ C YCcF o J ain, Assistant City Clerk tp, lu y N ion, ayor S9 S SPRINGs Administrator' s Report 011 Siloam Springs June 18, 2024 Expenditures: In excess of$ 30, 000 43, 313. 95/ Precision Rescue/ Hoses and Saddlebags/ Fire Dept Act 833 33, 322. 96/ Titan/ 100LL Fuel 8, 000 gal/ Airport 53, 550/ Benton County Stone/ 4000 Ton of Class 7 Base/ Electric Dept 47, 847. 61 / Precision Rescue/ Rescue Equipment Strut/ Fire Dept Per Resolution 07- 24 None 1. Shakespeare in the Park had several hundred visitors on Friday and Saturday of this past weekend. 2. Coming up is 4th Friday on 6/ 28 which is themed Let Freedom Ring. Western Swing and Rules Band will be taking the stage at Cha. And don' t miss the 4th of July Block Party on Sue Anglin Drive near the rodeo grounds. 3. The 2nd annual Love Siloam will be held on 10/ 12/ 24. The annual day is about giving back and serving others. We are looking for dedicated individuals to join us in our mission to make a positive impact in our community. Last year we had over 500 volunteers sign up to pickup litter, build ramps for seniors, among other service activities throughout Siloam Springs. For more information and to sign up, visit lovesiloam. com.