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HomeMy WebLinkAbout2021-08-06 - Agendas - SpecialCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Special Meeting Agenda Friday, August 6, 2021 5:45 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Special Meeting Special Meeting Agenda August 6, 2021 Zoom Information: https:Hzoom.us/webinar/register/V,rN—vKLAfyfAS_SnrwOAs—LP2A Webinar ID: 957 9205 7180 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Proposed Agenda Additions A. Consent: NONE B. Unfinished Business: NONE C. New Business 2021-0618 AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS IN PUBLIC SERVICE AREAS IN CITY OWNED BUILDINGS AND PLACES OF PUBLIC ACCOMMODATION SUBJECT TO REASONABLE EXEMPTIONS AND TO DECLARE AN EMERGENCY D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 2 Printed on 81612021 City Council Special Meeting Special Meeting Agenda August 6, 2021 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 3 Printed on 81612021 City Council Special Meeting Special Meeting Agenda August 6, 2021 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 4 Printed on 81612021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0618 Agenda Date: 8/6/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS IN PUBLIC SERVICE AREAS IN CITY OWNED BUILDINGS AND PLACES OF PUBLIC ACCOMMODATION SUBJECT TO REASONABLE EXEMPTIONS AND TO DECLARE AN EMERGENCY WHEREAS, infections, hospitalizations and deaths of Fayetteville's unvaccinated residents are again surging because of the Delta Variant of the Covid-19 virus; and WHEREAS, Governor Hutchinson has proclaimed a new declaration of disaster emergency because of the new pandemic of unvaccinated Arkansans; and WHEREAS, the Pulaski County Circuit Court has issued an Order to temporarily enjoin enforcement of Act 1002 which had limited the State, counties, and cities from enforcing broad mask mandates for private places of public accommodation and school districts from protecting their students even during this increasing pandemic; and WHEREAS, the most important duty of the City of Fayetteville is to protect the safety and preserve the health of its citizens, residents and visitors; and WHEREAS, now that Act 1002 has been preliminarily enjoined by the Pulaski Circuit Court, Arkansas school boards and cities may again act to protect their citizens by enforcing face mask requirements now being recommended by the Center for Disease Control and Prevention and the Fayetteville Board of Health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that a renewed pandemic of the unvaccinated caused by the Delta Variant of Covid-19 is surging in Fayetteville, threatening to overwhelm hospital resources and staff, and causing grievous infections, hospitalizations and deaths of even young and previously healthy unvaccinated persons. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the health and safety of Fayetteville residents require that all persons within public service areas in all places of public accommodation including City buildings are required to constantly wear face masks covering the nostrils and mouth of such persons, subject to the following exceptions: City of Fayetteville, Arkansas Page 1 Printed on 81612021 File Number: 2021-0618 A. Masks may be removed while consuming food or drinking a beverage if social distancing and disinfection best practices are also followed. B. Settings with ten (10) or fewer persons present, such as small business offices which do not serve the public in person, and areas without normal public access, such as semi -private offices and workshops, do not require masks, unless persons cannot follow social distancing best practices. C. Reasonable accommodations may be made for individuals with a disabling condition that prevents wearing a face mask. D. Masks may be removed in outdoor settings generally while best practices to maintain social distance are followed. Masks shall be worn at managed events when attendance and format prevent social distancing. E. Children of less than two years of age shall not be required to wear face masks. Section 3: Sunset Clause. Upon the dissolution of the preliminary injunction or any succeeding permanent injunction against Act 1002, the termination of the Governor's current Proclamation of pandemic emergency, or the reduction of the hospitalizations and deaths of Fayetteville residents now being caused by the Delta Variant of Covid-19 drops below levels which the City Board of Health has determined should require masks of even vaccinated persons, this ordinance shall automatically terminate within 14 days unless the City Council passes an Ordinance to extend this Ordinance's effect. Section 4: Penalty. Persons violating this ordinance's requirement to properly wear face masks pursuant to this ordinance's terms shall be subject to the penalties allowed in § 10.99 General Penalty of the Fayetteville Code. Section 5: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because widespread use of a face mask is necessary to prevent the more rapid spread of the Delta Variant of the Covid-19 virus, especially when unvaccinated persons gather in indoor areas. Therefore, for the public peace as well as the health and safety of Fayetteville residents, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City of Fayetteville, Arkansas Page 2 Printed on 81612021 Legistar ID No.: AGENDA REQUEST FORM FOR: Special City Council Meeting of August 6, 2021 FROM: Council Member Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS IN PUBLIC SERVICE AREAS IN CITY OWNED BUILDINGS AND PLACES OF PUBLIC ACCOMMODATION SUBJECT TO REASONABLE EXEMPTIONS AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: Council Member City Attorney Kit Williams Approved q� L� �?-o z, Date August 6, 2021 Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: August 6, 2021 RE: New Mask Mandate Ordinance Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Council Member Petty requested that I draft a new mask mandate ordinance for a Special City Council Meeting to be held at,�W P.M. this afternoon. Attached is my proposed ordinance. :; Ll a The new ordinance uses much of the terms including exemptions of the two previous ordinances. It can only be effective as long as the State is enjoined from using Act 1002 to prevent cities from enforcing mask mandates. See you at.�M P.M. S.ti cS ELECTRONICALLY FILED Pulaski County Circuit Court Terri Hollingsworth, Circuit/County Clerk 2021-Aug-06 15:22:55 60CV-21-4692 C06D06 : 4 Pages IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION VERONICA MCCLANE, ETAL V. STATE OF ARKA.NSAS, ETAL 60CV-21-4692 LITTLE ROCK SCHOOL DISTRICT, ETAL V. 60CV-214763 HONORABLE ASA HUTCHINSON, in his Official Capacity as Governor of the State of Arkansas, ETAL ORDER FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION PLAINTIFFS DEFENDANTS PLAINTIFFS DEFENDANTS On the 6" day of August 2021, came on for hearing all pending motions by the parties in the captioned cases, mid from the pleadings filed herein and the argument of counsel, the court doth find as follows: I . Plaintiffs' Motion for Consolidation Pursuant to Role 42(a) of the Arkansas Rules of Civil Procedure, filed on August 5, 2021, in Little Rock School District and Marion School District v. Honorable Asa Hutchinson, 60CV21-4763 is granted. Both cases shall hereafter be styled as 60CV-21-4692, which is the earlier case number of the two previously separate cases. 2. The Motion to Intervene of Barry Hyde, in his Official Capacity as the County Judge for Pulaski County and Eric Higgins, in his Official Capacity as Pulaski County Sheriff, filed on August 5, 2021, is granted. 3. All of the moving parties allege that Act 1002 of 2021 is unconstitutional in one or more respects and have requested relief pursuant to Rule 65 of the Arkansas Rules of Civil Procedure. 4. The parties requested that the court issue a Temporary Restraining Order. TROs are customarily issued without notice to any of the defendants and are viable only for a short period of time until a hearing can be arranged. Given the parties, the constitutional issues involved, and the fact that the court was able to expedite the matter on its calendar, the court chose not to issue a TRO. As a hearing was held, the procedural posture shifted to being one of a request for issuance of a preliminary and/or permanent injunction. S. There are no allegations that the language of Act 1002 is ambiguous or reasonably susceptible to more than one interpretation. In cases challenging the constitutionality of "plain language" legislative enactments, it is the obligation of the courts to give the wording of such enactments their "usual and customary meaning." 6. In cases challenging the constitutionality of legislative enactments, if there is offending language or punctuation that can be stricken and leave a constitutional remainder, it is the obligation of the courts to strike through the offending language or punctuation and salvage the remainder of the legislative enactment. The courts are, however, prohibited from rewriting or adding language to legislative enactments to make such legislative enactments constitutional. 7. Article 4, §2 of the Arkansas Constitution provides for the constitutional separation of powers doctrine on state -related causes of action. 8. Each of the state's seventy-five counties is a "political subdivision of the state," which are included within the language of Act 1002 of 2021. 9. Amendment 55, §3 to the Arkansas Constitution, states-