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HomeMy WebLinkAbout233-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 233-21 File Number: 2021-0791 AMEND RULES OF ORDER AND PROCEDURE: A RESOLUTION TO AMEND RULE A. 10. SPECIAL PROCEDURES DURING PANDEMIC EMERGENCY OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO AUTHORIZE CITY COUNCIL MEMBERS TO ATTEND, SPEAK AND VOTE DURING CITY COUNCIL MEETINGS BY ELECTRONIC MEANS WITHOUT BEING PHYSICALLY PRESENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Rule A. 10. of the Rules of Order and Procedure of the Fayetteville City Council by repealing the current title and language in their entirety and replacing them as shown below: "10. Virtuai City Council Meetings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings." PASSED and APPROVED on 10/5/2021 Page 1 Printed on 1016121 Resolution: 233-21 File Number: 2021-0791 Approve Attest: • C Y 01 •G Lioneld r Mayor Kara Paxton. City Clerk Treasure; FgY���V1(4f •;U - 9 k NSA N "if) ON i �,'`. Page 2 Printed on 1016121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0791 Agenda Date: 10/5/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: 1. AMEND RULES OF ORDER AND PROCEDURE: A RESOLUTION TO AMEND RULE A. 10. SPECIAL PROCEDURES DURING PANDEMIC EMERGENCY OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO AUTHORIZE CITY COUNCIL MEMBERS TO ATTEND, SPEAK AND VOTE DURING CITY COUNCIL MEETINGS BY ELECTRONIC MEANS WITHOUT BEING PHYSICALLY PRESENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Rule A. 10. of the Rules of Order and Procedure of the Fayetteville City Council by repealing the current title and language in their entirety and replacing them as shown below: "10. Virtual City Council Meetings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings." City of Fayetteville, Arkansas Page 1 Printed on 101612021 Legistar ID No.: 2021-0791 AGENDA REQUEST FORM FOR: Council Meeting of October 5, 2021 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AMEND RULE A.10. SPECIAL PROCEDURES DURING PANDEMIC EMERGENCY OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO AUTHORIZE CITY COUNCIL MEMBERS TO ATTEND, SPEAK AND VOTE DURING CITY COUNCIL MEETINGS BY ELECTRONIC MEANS WITHOUT BEING PHYSICALLY PRESENT APPROVED FOR AGENDA: rczl k l - City touncil Member D'Andre Jones City Attorney Kit Williams Approved as to form Date 0 J6- � &z- Date Williams, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Wednesday, September 29, 2021 11:14 AM To: Williams, Kit Cc: Pennington, Blake Subject: Re: Virtual City Council meetings CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes, I approve. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. On Wed, Sep 29, 2021 at 10:49 AM Williams, Kit <kwilliam5 fa etteville-ar. ov> wrote: D'Andre, Attached is my proposed Resolution to change the Council's Rules of Procedure to authorize virtual City Council Meetings. If you approve, we will get it ready for you to walk it onto the Oct. 5 City Council meeting. It will be the very first thing to be considered at th start of the meeting. We will need 6 affirmative votes of Physically present Council Members to get it on the agenda. Kit 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Susan Norton, Chief of Staff Jodi Batker Paul Becker, Finance Director Paralegal Jonathan Curth, Development Services Director "4:FROM: Kit Williams, City Attorney DATE: September 28, 2021 RE: Virtual Meetings of City Council and Planning Commission After Governor's Emergency Proclamation Has Expired On August 3, 2021, I wrote my memo to you to explain that you could meet by electronic means as long as the public can hear your conversation during the ongoing declaration of pandemic emergency. I did warn that: "if the Governor ends the 'disaster emergency', then the City Council would again need to appear in person to carry out City business." (memo attached) In my August 23, 2021 memo I reported that the Attorney General had opined that with proper rules of procedure, "a City Council can meet by telephone or virtually. Since the rule of procedure passed by the City Council was entitled "Special Procedures During Pandemic Emergency" and began: "During the Pandemic Emergency, the City Council Members are authorized to attend, speak and vote using Zoom ... , " it is clear that this rule allowing zoom meetings is strictly limited to a time of pandemic emergency. I ended my August 23rd one -page memo to you by offering to amend this rule if any Council Member so desired. See below: "However, in deference to the Attorney General, if a Council Member wishes to amend your Rules of Order and Procedure to allow virtual meetings even with no pandemic or other emergency, I will draft such Resolution for the City Council to consider. The Planning Commission might similarly write this into their Rules of Order." (August 23, 2021 memo attached) No one contacted me. The Governor's Proclamation of Disaster Emergency has just automatically expired as confirmed by the Governor today. The City Council may no longer meet virtually, but now must meet and vote in person on items on its agenda. RESOLUTION NO. A RESOLUTION TO AMEND RULE A. 10. SPECIAL PROCEDURES DURING PANDEMIC EMERGENCY OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO AUTHORIZE CITY COUNCIL MEMBERS TO ATTEND, SPEAK AND VOTE DURING CITY COUNCIL MEETINGS BY ELECTRONIC MEANS WITHOUT BEING PHSYICALLY PRESENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Rule A. 10. of the Rules of Order and Procedure of the Fayetteville City Council by repealing the current title and language in their entirety and replacing them as shown below: 1110. Virtual City Council Meetings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings." PASSED and APPROVED this 5th day of October, 2021. APPROVED: ATTEST: M. LIONELD JORDAN, Mayor L'In KARA PAXTON, City Clerk/Treasurer 4: DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Paul Becker, Finance Director Jonathan Curth, Development Services Director r FROM: Kit Williams, City Attorney ---� DATE: August 23, 2021 RE: Virtual Meetings of City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The Attorney General has doubled down on her June 27, 2018, Opinion that a City Council can meet by telephone or virtually "so long as there is some means of ensuring that members of the public in attendance can hear the conversation." She did not address the fact that the Legislature twice passed statutes that allowed virtual city council meetings only during a Governor's emergency declaration. If state law had properly authorized this already, why would the Legislature twice feel the need to pass what would be mere duplicative authorizations? However, in deference to the Attorney General, if a Council Member wishes to amend your Rules of Order and Procedure to allow virtual meetings even with no pandemic or other emergency, I will draft such Resolution for the City Council to consider. The Planning Commission might similarly write this into their Rules of Order. Attached is the Attorney General's Opinion. STATE OF ARKANSAS ATTORNEY GENERAL I-I'S 1.1 E R(fllF 1) G E Opinion No. 2021-048 August 18, 2021 The Honorable David Whitaker State Representative 717 North Lewis Avenue Fayetteville, AR 72701-1611 Dear Representative Whitaker: 'This is in response to your request for my opinion regarding Arkansas cities' conducting their city council meetings virtually. In your correspondence, you referred to a 2018 opinion from this office,' wherein I opined that a city council may adopt rules to enable council committees to conduct open public meetings by telephone conference so long as there is some means of ensuring that members of the public in attendance can hear the conversation. In light of that opinion and recently enacted state law concerning virtual public meetings, you have asked the following questions: 1. If a city council has adopted rules of procedure pursuant to Arkansas Code § 14-43-501, which includes authorization to meet virtually rather than physically, can the city council meet through electronic means rather than in person as long as there are means in place to ensure that members of the public can hear and participate in the conversation and debate? 2. Are Act 2 of the Fiscal Session of the 92nd General Assembly and Act 56 of the Regular Session of the 93rd General Assembly, either collectively or individually, still applicable and effective despite the expiration of the Governor's Pandemic Emergency Decree'? ' Op, Att'y Gen. 20I 8-017, :32.3 CI'.N] Ut S'rivr-', SLII'I I; 200 - Lri-rl I: R(..)C;K. AI2KANSAs 72201 H.I:P1ION1: (501) 682-2007 - VAX (501) 682-8084 ARKANSASAC: ,GOV The Honorable David Whitaker State Representative Opinion No. 2021-048 Page 2 RESPONSE The answer to your first question is "yes," so long as safeguards for the public to virtually "attend" these meetings are in place and followed. With respect to your second question, while the relevant portions of Act 2 of 2020 have expired, Act 56 of 2021 is currently applicable because of the Governor's emergency declaration of July 29, 2021. DISCUSSION Question 1: If a city council has adopted rules of procedure pursuant to Arkansas Code § 14-43-501, which includes authorization to meet virtually rather than physically, can the city council meet through electronic means rather than in person as long as there are means in place to ensure that members of the public can hear and participate in the conversation and debate? Yes. In Op. Att'y Gen. 2018-017, which I have enclosed for your convenience, I opined that a city council's rules permitting its members to fully attend council committee meetings via conference call, wherein a speaker would broadcast a council member's voice so that it would be audible for anyone in attendance to hear, did not violate the FOIA. In my opinion, the analysis in that 2018 opinion remains sound, and that reasoning can easily be extended to council meetings as a whole. It is important to keep in mind, as I wrote in Opinion 2018-017, that these procedural rules do implicate the open -meetings section of the Arkansas Freedom of Information Act (FOIA).2 Thus, it is crucial that any such rules the city council promulgates provide for giving proper notice of the virtual meeting and unmistakably protect the public's right to attend (by being able to listen to, or listen and view, the proceedings and discussions via the appropriate electronic means). "If safeguards are not present, however, the meeting violates the FOIA." 3 Question 2: Are Act 2 of the Fiscal Session of the 92nd General Assembly and Act 56 of the Regular Session of the 93rd General Assembly, either collectively or individually, still applicable and effective despite the expiration of the Governor's Pandemic Emergency Decree? z Ark. Code Ann. § 25-19-106 (Supp. 2019). 3 John J. Watkins, Richard J. Peitz -Steele, & Robert Steinbuch, Ti-lr: ARKANsns FREEDOM of INFORMATION ACT 344 (Arkansas Law Press, 6th ed., 2017). The Honorable David Whitaker State Representative Opinion No. 2021-048 Page 3 While the relevant provisions of Act 2 of 2020 have expired, Act 56 of 2021 is currently applicable. The law that permitted virtual meetings in 2020, and that was included as special language in appropriation Act 2 of 2020, expired December 31, 2020.4 However, Act 56 of 2021—which codified Act 2's expired language,' and which only applies during a gubernatorial disaster -emergency declaration6—is in force as of this writing. This is in light of the Governor's emergency declaration of July 29, 2021.E When that executive order is rescinded, the provisions of Act 56 will become inapplicable. Sincerely, LESLIE RUTLEDGE Attorney General Enclosure a 2020 Ark. Acts No. 2, §§ 42, 43, Act 2 of 2020 as a whole expired June 30, 2021. s 2021 Ark. Acts No. 56, § 1, to be codified at Ark. Code Ann. § 25-19-106(e). G Id. to be codified at Ark. Code Ann. § 25-19-106(e)(1) ("If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et. seq., a public entity may assemble, gather, meet, and conduct an open public meeting through electronic means...."), https://governor.arkansas.gov/images/uploads/executiveOrders/21.07_.29_EO_2 l-14_.pdf. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/07/2021 by Resolution # 26-21 Adopted 01/07/2021 by Resolution # 26-21 Page 3 of 12 (2) Public Conlrliettts. 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. e. Courtes 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 leave the podium. 8. Smoking 1'roltibiteci. There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. Cell! Phones ands. Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. 10. 5 ecial Procedures During Pandemic Emergency During the Pandemic Emergency, City Council Members are authorized to attend, speak and vote using Zoom or other virtual communications means during City Council Meetings and Committee Meetings. Citizens are also authorized to attend and speak virtually if in compliance with other provisions of these Rules. B. DUTIES AND PRWICLEGES OF COUNCIL, MEMBERS AT CITY COUNCIL MEETINGS 1. Seatine Members shall occupy the respective seats in the City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the City Council table. 2. Conduct Summer Fallen Submitted By Change Order 02 to Bid 20-61 City of Fayetteville Staff Review Form 2021-0880 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/4/2021 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to execute Change Order 02 to Bid 20-61 as part of project completion. The boiler recently installed in the terminal building was eligible for an energy efficiency equipment rebate program through Black Hills Energy. Change Order 02 is a credit to the City of Fayetteville for the equipment rebate received through this program. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ V20210527 Purchase Order Number: Previous Ordinance or Resolution # 233-20 Change Order Number: Original Contract Number: Comments: 2 Approval Date: 11/09/21 CITY OF FAYETTEVILLE %PF ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Staff/Contract Review Committee FROM: Summer Fallen, Airport Director DATE: November 4, 2021 STAFF MEMO SUBJECT: Bid 20-61 - FVV Improve Terminal Building (Energy Efficiency Improvements) Change Order 02 RECOMMENDATION: Staff requests approval for the Aviation Division to execute Change Order 02 to Bid 20-61 as part of project completion. The boiler recently installed in the terminal building was eligible for an energy efficiency equipment rebate program through Black Hills Energy. Change Order 02 is a credit to the City of Fayetteville for the equipment rebate received through this program. BACKGROUND: The HVAC in the terminal building at Fayetteville — Drake Field Airport is original to the building, which was constructed in 1978. Since that time, the terminal building has underdone numerous renovations including, but not limited to repurposing of the baggage handling area into a meeting room, removal of the commercial kitchen and restaurant, addition of a pilot lounge, and the enclosure of a large portion of the original open lobby to make additional offices for airport personnel and outside business which moved into the facility. These renovations have led to an inefficient patchwork HVAC system with outdated controls. In 2017, the Airport Division received a Federal Aviation Administration (FAA) grant to perform an energy assessment of the terminal building. The assessment recommended replacement of both the HVAC system and the boilers in the terminal building. In 2018, the Airport Division received an Arkansas Department of Aeronautics (ADA) grant to replace the boiler system. In the same year, the Airport Division also updated the Airport's five-year Capital Improvements Plan (CIP) with the FAA to include a full replacement of the HVAC system in the terminal building, including ductwork and controls. On November 22, 2019, Fayetteville — Drake Field was selected by the FAA to receive supplemental appropriation in the amount of $1,125,000 for the proposed HVAC Replacement project. This funding was outside of the typical FAA funding allowances, and Fayetteville — Drake Field was one of only 133 Airports in the US to receive the grant. This project was approved at the September 2020 City Council Meeting. BUDGET/STAFF IMPACT: This Change Order is a credit to the City of Fayetteville for an equipment rebate received for the boiler installed in the Drake Field Terminal. The total contract amount is reduced by the amount of the rebate ($1,756) resulting in a new contract amount of $1,288,217.00. Attachments: Staff Review Form Change Order 02 Resolution 233-20 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: F6FC5B2F-44E6-4FEA-BF18-253C79F1538C 4701 NwtfiW+ore Drve North LAtIe Rc¢k..AR 72' 13 '+F!. 5+01 .176 ri33 VAX 501 372.9042 Construction Contract Change Order Project: Change Order No. 2 Improve Terminal Building - Engergy Efficiency Improvements Fayetteville - Drake Field Date Prepared: November 3, 2021 Garver Job No. 20A13211 Prepared by: Kyle Bennett. Garver Owner: Contractor: Ciry of Fayetteville CR Crawford Construction 113 West Mountain Street 1102 South Happy Hollow Road Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72701 Description of Work Included in Contract The project includes replacement of the full HVAC system in the terminal building, including a new chiller, air handlers, replacement of all duct work and piping, variable speed heating pump, digital control system, exhaust fans, and other associted items of work. The project also includes partial replacement of window glazing and suspended ceiling. Changes and Reasons Ordered (List Individual Changes as: A, B, C, D, etc.) A. The boiler installed for this project was eligible for an Equipment Rebate program through Black Hills Energy. This change order is a credit to the City of Fayetteville for the rebate amount (CRCC PCOO #011). Attachments: Bid Bid Unit Original Contract Revised Revised Original Revised Contract Item Item of Contract Unit Contract Unit Contract Contract Changes No. Description Measure QuantityPrice Quantity Price Cost Cost A. CO2.01 Boiler Rebate Credit LS 0 S0.00 1 -$1,756.00 $0.00 $1,756.00 Summation of Cost $0.00 ($1,756.00) Net Cost for this Change Order ($1,756.00) Estimated Project Cost Time Change Estimated Project Cost Contract Start Date Original Contract Time (calendar days) December 17. 2021 120 Original Contract Amount $1,289,973.00 Previously Approved Changes $0.00 Previously Approved Changes (calendar days) 14 This Change Order ($1,756.00) Additional Contract Time This Change Order (calendar days) New Contract Amount $1,288,217.00 Suspended Time (calendar days) New Construction Completion Date April 30, 2022 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS slgne y INDICATED ABOVE �{Digitally Adam White L Engineer: Garver Date: 2021.11.04 Senior Project Manager 11/4/2021 Engineer's Signature 09:08:11-05'00r Title Date ACCEPTED BY Docusigned by: CONTRACTOR k-L, Project Manager 11/3/2021 ntractor Si atu a 5E94F1Aa3E340o... Title Date APPROVED BY OWNER Mayor 11/09/21 wner' nat Title Date 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Resolution: 233-20 File Number: 2020-0729 BID NO.20-61 FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FUNDS: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A 90/10 MATCHING GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $1,305,778.00 FOR THE AIRPORT TERMINAL IMPROVEMENTS PROJECT. TO AWARD BID NO.20-61 AND AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH C.R. CRAWFORD CONSTRUCTION. LLC IN THE AMOUNT OF S1,289,873.00 FOR CONSTRUCTION OF THE TERMINAL IMPROVEMENTS, TO AUTHORIZE THE MAYOR TO EXECUTE TASK ORDER NO. 14 WITH GARVER. LLC IN THE AMOUNT OF $55,000.00 FOR CONSTRUCTION PHASE SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a grant agreement accepting a 90i 10 matching grant from the Federal Aviation Administration in the amount of $1,305,778.00 for the Airport Terminal Improvements Project. Section 2: That the City Council of the City of Fayetteville. Arkansas hereby awards Bid No. 20-61 and authorizes Mayor Jordan to sign a contract with C.R. Crawford Construction, LLC in the amount of $1,289.973.00 for construction of the terminal improvements. Section 3: That the City Council of the City of Fayetteville. Arkansas hereby authorizes Mayor Jordan to execute Task Order No. 14 with Garver. LLC in the amount of $55.000.00 for construction phase services associated with the Terminal Improvements Project. 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