Quorum Court - Regular Meeting

Good evening everyone. I'm going to call the April meeting of the Washington County Cororum Court to order. I want to welcome everybody here this evening. Uh with that, we'll we'll go right into the prayer and pledge. If you'll please stand and bow with me. Dear heavenly father, we come to you this evening and ask that your guidance and your grace be over this meeting as we make decisions for the Washington County public. Also want to say a special request for all of our first responders and emergency management, road crews out there as we continue to face this spring weather and the possibility of of damage and and hopefully just limit it to that. Dear Lord, please just be with all those individuals as they're out in the field. We ask these things in Jesus name. Amen.

Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Wonderful. With that, we'll move on to the adoption of the agenda. Do I have any motions for the adoption of the agenda? Make a motion. Motion to adopt the agenda by Justice Dean, second by Justice Dennis. All those in favor? Those opposed? The agenda has been adopted. Now for item number four, any preliminary motions? Justice Dean.

Uh, thank you, Judge. I'd like to make a motion that all ordinances, resolutions be read by title only. I have a motion to read ordinances and resolutions by title only by Justice Dean, second by Justice Dennis. All those in favor? Those opposed? Next is citizen comments. We have a 15minute citizen comment period and a limit for of three minutes per individual. Citizen comments. Hit the button on the bottom right, please, and we'll get you miked up there. Should be ready to roll.

Thank you, Judge Diana Scott, 299 North Platinum, Fagatville. Uh, the item I'm choosing to comment on this evening is not on the agenda, but that's part of the problem. I think it's an issue that is not receiving the transparency it deserves. Uh this concerns the proposed increased funding to the tune of $2 and a half million dollars proposed for the community rebuilding initiative. Now while I think the basic goal of this facility is good, it's still a detention setting. Building bigger and better jails seems to be the ultimate goal of the Arkansas legal system. I appreciate that the CRI is endeavoring to help those incarcerated to receive services which will help them turn their lives around, but I question the process that is moving towards expansion of this program. I question the validity of pouring more of our tax dollars into what would seem to be a boutique pet project that assists a handful of people while hundreds in Washington County go without pre-trial services. Costs incurred in the CRI program far exceed those which could be utilized with pre-trial service programs. These pre-trial service programs have been documented to be far more effective in allowing individuals to navigate the legal system and they do it safely without being incarcerated prior to their trial date. This is better for the individual and a great savings for the county to the tune of 5 million annually. While the mission of the community rebuilding initiative is good, I believe it would be best to utilize our tax dollars on pre-trial services. We should never let the good be the enemy of the

best. Thank you. Public comments.

Good evening. Grace Swisser. I'm a resident of Fagatville. I would also like to address the concerns regarding fiscal transparency and the scope of the community rebuild rebuilding initiative. We were we were told in early 2025 that the CRI was a three-month pilot program. However, it has rapidly transformed into a general fund program with pro projected outlays of 8 million over the next three years. Initially, this program was justified as a lowcost grant-f funded drug treatment pilot. Instead, we have seen initial cost jump from a quoted $150,000 to over $930,000. A shift away from federal ARSAT funded dollars towards millions in local county dollars and the creation of eight new sheriff the creation of eight new sheriff's office positions to sustain a program that was supposed to be a limited trial. The CRI does not provide adequate pre-trial services and at a higher cost than the pre-trial services the Criminal Justice Coordinating Committee recommended to the county. We are spending significantly more for a program that serves a narrow subjective population while ignoring more efficient evidence-based pre-trial models better serve that better serve the county. We are also hearing reports that the $18 million jail expansion is not properly attached to the rest of the jail. parts of it lack water and drainage issues appear to exist. We have been told that the jail is well under budget and on schedule for early completion. However, these statements offer little comfort and we lack access to transparent public tracking. Thank you.

Thank you. Public comment.

I'd like to generally address tonight some things before the court. the Industrial Development Authority. The Yes, sir. You're supposed to state your name and your address for the record, please.

Joe Maynard, Willick Street, Fatville. I wanted to tell you that I really appreciate your your thoughtfulness in looking into the details of that industrial development authority scheme that was going to be presented to you. Uh Mr. Malone makes a great case. He's get he gets two hours to explain it. I'd love to have an hour to explain why you shouldn't do it, but that probably won't happen, but I'll be glad to talk to any of you about it. I've done a lot of industrial development myself. Uh, it will come back around. I've seen this many times is they come out with something that government shouldn't do at all and it's outrageous and then they address a few of your concerns and then you start thinking about the details that, oh, they made it better. Well, it shouldn't have been done at all. So I urge you when it comes back around, which it will. This is not the role of government. It's picking winners and losers. The chambers love it. The big businesses love it. But we don't need any help to industrialize this county. There's a plenty of people that are really getting after it and doing good things. Just quit taxing to death and regulating them their land use. We people know how to do that. We don't need government to manage industrial growth. On the legal side, I'm affiliated with Conduit and you guys probably mostly know that, but we stand by everything we've written about the legal things that have gone on with the county. We put it in writing and I think as the legislature of the county, it would behoove you to question your legal representation because you're not getting any. So, keep that in mind for the next few months. And I don't want to be condescending at all, but you are the legislative branch of government. You legislate. The judge

executes what your will is because you speak for the people. Please remember that. Thank you. Public comments. Wrap those up. We'll move on. With that, we have uh approval of the minutes. The minutes were handed out with a packet. I'll entertain a motion to accept the minutes. Motion to accept by Justice Limming, second by Justice Dennis. All those in favor?

Those opposed. County judges report. I'm going to be really brief this evening. I mentioned it in my prayer. Uh once before we start there, couple logistical points. I also want to thank the master gardeners for their refreshments. Um the the extension office does a wonderful job hosting us every uh every evening here at our own house and I really appreciate that. always want to give them a shout out. Logistically, I have a little leager with a very important baseball game tonight, so I might have to cut out depending on how long-winded we are, and we'll get you a chair. And uh I can't miss that game. That little boy is looking really excited to be there for me or for me to be there tonight. Um the only thing I want to mention in judges report tonight is the weather. I want all Washington County citizens to be weather aware, especially at this time. It always astonishes you how fast we move from burn bands to now we're dealing with the spring storms. And so, uh, real juxtaposition for us. I want to really again shout out to our Department of Emergency Management team with John Luther and all of his staff down there that's monitoring the weather for us at any given moment. Also, all of our first responders all around the county, our rural fire departments, too, who are going out checking that damage, checking on our citizens. Luckily, it seems like the injuries have been limited and we're looking at limited property damage so far, but we have a long storm season ahead of us. And with that, we uh announced it a week or so ago, but I want to really say u we've rolled out a new advanced notification system. Um and so please, that's available to any Washington County citizen. Please go to our website. You can sign up for that. I specifically also want to thank Justice Rivera Lopez for his work working with our DEM team. I know it took too long. Um we make things better. So, we moved from code red to a new uh service provider there that's going to be more reliable and uh specifically to Justice Rivera Lopez's concerns. It has over 130 languages so that we can accommodate the diversity in this county with our emergency notifications. So, thank you Justice Rivera Lopez for being a dog on that, being a bulldog on that. Uh I also thank you for your patience. You know, that kind of stuff in

government seems to take longer than I would like for it to. I'm sure in this moment you thought it took longer, but um to get that set up and get it rolled out for Washington County citizens. So, a new product there of no cost to the citizens to have another weather alert there. So, uh please keep that in mind. Please um have everyone sign up for that. It's just another insurance policy for yourselves when you're at home at night. I think we all got jostled out of bed maybe the other night by those storms that rolled through. Another notification system would be um be be good for that. So, appreciate that. And with that, I'm ready to move on to new business. Counselor, will you read that ordinance by title only?

Item eight is an ordinance ratifying a conditional use permit recommended for approval by the planning board for the summer's US AR 5474 communication tower project. This ordinance is on its first reading. Do I have any motions with this ordinance? Oh, Justice Lming, let's let Sam talk about just a minute, then we'll make a motion. Dr. Addy, you want to give us a summary on this one?

Absolutely. Good evening. Um so this is basically like a new user tower like built. Um the applicant like requested uh to use 100 by 100. It's about like quarter like of an acre of a total of 10 and a half acres like uh property. They're going to be using fenced area that's 75 by 75 where the tower is going to be. Uh the tower is about like 315 total like with the lightning rod and we only have like two neighbors calling just like to get more information about it. We did not get like any push back or anything. It's it's good for the community. It's going to help everyone in that mor area and like Cincinnati area to cover for the m missing like um missing services.

Yeah. All all of that area down in there needs more cell phone service. When as soon as you drop off the hill going the other way, you lose everything. Yeah, we did the same one like last month. Similar situation. It was like in Gian area. It's like in between go and fed. Yeah, it's a good to me it's a good place to work to be because it's right there on the edge of that bluff and it's kind of you know it's not Yep. We got one little neighbor there that's kind of complaining because she's trying to sell her property and she thinks it's going to kill it but I don't. And this also like went through like the whole process of like the administrative review. So like it met all all our like ordinances like requirements for a cell tower. Uh that CUP is only just to um convert like that lot uh that's going to be used into a commercial use. Yeah, I know.

And the assessor's office is going to create like a new parcel number just for the tower. Yeah, I know exactly where it's at. I built the road and the lot for him about 10 years ago. So yeah, I move to move it to the second reading. I have a motion to suspend the rules and move it to the second reading by Justice Limming, second by Justice Dean. All those in favor? Those opposed? Counselor, will you read that for a second time? An ordinance ratifying a conditional use permit recommended for approval by the planning board for the summer's US 5474 communication tower project. Justice Lim, I move to move it to the third and final reading.

Second, second. Uh, I have a motion to suspend the rules and move to a third and final reading by Justice Limming, second by Justice Dean. All those in favor? Those opposed? Council, will you please read that for a third and final time? An ordinance ratifying a conditional use permit recommended for approval by the planning board for the summer's US AR 5474 communication tower project. Justice Lim, let's pass it. Motion to pass by Justice Lim, second by Justice Dean. Any further discussion by the B board? Any public comments on item number eight? Seeing none, Mr. Allen, will you please call a roll? This is on the motion to pass item number eight. Motion by Justice Limming. Second by Justice Dean.

Justice Koger. Yes. Justice Dennis. Yes. Justice Hires. Yes. Justice Rio Stafford. Yes. Justice Lemming. Yes. Justice Ricker. Yes. Justice Pond. Yes. Justice Bruns. Yes. Justice Wilson. Yes. Justice Masingill. Yes. Yes. Justice Rivera Lopez. Yes. Yes. Justice Ekki. Yes. Yes. Justice Dean. Yes. Justice Washington. Yes.

That item passes. Item number nine. Council we read that bill title only. Item nine is an ordinance ratifying a conditional use permit recommended for approval by the planning board for the cross hydraulic repair project. Dr. Addy, you want to give us a quick summary? Quick summary.

Just pass it. Hey, good evening. So quick. Um it's 132 acres lot. They're using like less than quarter of an acre. It's an already existing shop. they're going to be using it like it's one man shop. Same same operator owner. Uh his wife is like also like um might manage the store. U they're open like from 8 to 6:00 p.m. uh Monday through Friday. It's the shop size is like 50 by 50 foot. So it's not that big. Uh we've never had any issues. None of the neighbors complained about it. It's the same lot that we approved like last time for the cell tower in Gian area. Motions with regard to the ordinance. Justice Lemming.

No. I make a motion that we move it to the second reading. Motion to suspend the rules and move it to the second reading by Justice Limming. Second by Justice Dean. All those in favor? Those opposed? Council, will you read this for a second time by title only? An ordinance ratifying a conditional use permit recommended for approval by the planning board for the Cross Hydraulic Repair Project. Justice Limming, I want to move it to the third reading. Suspend the rules. Motion to suspend rules. Move to third and final reading by Justice Limming. Second by Justice Dean. Uh, all those in favor? Those opposed? Council, will you read that for a third and final time?

An ordinance ratifying a conditional use permit recommended for approval by the planning board for the Cross Hydraulic Repair Project. Justice Lim. Make a motion we pass it. I have a motion to pass item number nine by Justice Limming, second by Justice Dean. Any further discussion by the body. Any public comments on item number nine? Seeing none, Mr. Allen, will you please call the role? This is on the motion to pass item number nine. Motion by Justice Dean or Justice Limming. Second by Justice Dean. Justice Koger. Yes. Yes. Justice Dennis. Yes. Yes. Justice Hires. Yes. Yes. Justice Rio Stafford. Yes. Justice Lemming. Yes. Justice Ricker.

Yes. Justice Pawn. Yes. Justice Bruns. Yes. Justice Wilson. Yes. Yes. Justice Mingill. Yes. Yes. Justice Rivera Lopez. Yes. Justice Eky. Yes. Justice Dean. Yes. Yes. Justice Washington. Yes. That item passes. Moving on to item number 10. Council, will you read that by title only? Item 10 is an ordinance ratifying a conditional use permit recommended for approval by the planning board for the East Springdale commercial park project. Dr. Ada,

thank you. So, this is a little bit like bigger project. So, it's going to be in three phases. Uh there they apply applied for the cup for the three phases and they got approved by the um planning board. The first phase is going to have a restaurant. The second phase is going to have a commercial building and a flex building and the third phase is going to have a bigger like two commercial buildings, storage buildings. So each one of those phases is going to go into its own large scale development. So we're the planning board is going to see this again. Uh each each part each phase is going to have its own parking, its own like septic uh its own drainage and all of that. So, we shouldn't have any issue with any of this. We did not get any feedback from any of the neighbors. No push back. It's on Highway 412.

Justice Leming, it's either motion or nothing. Got a motion to read it again or nothing. He's with I'm so sorry. I'm sorry. I thought you were I thought you were like what could Well, I want to make a motion, but I just want to ask one question before I made it. Go ahead. The I was reading that. Are is a Springdale sewer close enough to them to use?

Uh, no. They're they're using a septic system. And the septic system, we discussed this with the health department. It's going to be um so they have like a giant lot in the back that's going to have the detention pond and it's going to have the septic system. And the septic system is going to be designed based on the need of that restaurant. So if the restaurant like it's going to be like a frying oil or like it has like more more of like the um nasty stuff that's going to go into it is going to be a different system than if it's just like washing hand like a flushing toilet. So yeah that's all going to be discussed like when it comes restaurants has a grease trap and grease piece

and and they're already going to be meeting all the year. So when it comes to restaurant or any food services they also have to go through the health department like food services and they have their own system of approval as well. I make a motion that we move to the second reading. I have a motion to suspend the rules and move it to a second reading by Justice Lim. Second. I had second by Justice Dean. Sorry about that. Uh, all those in favor? Those opposed? Councelor, will you read that for a second time? An ordinance ratifying a conditional use permit recommended for approval by the planning board for the East Springdale commercial park project. Justice Leming,

move it to the third and final reading. Motion to suspend the rules and move it to a third and final reading by Justice Limming. Second by Justice Dean. All those in favor? Those opposed? Council will read that for a third and final time. An ordinance ratifying a conditional use permit recommended for approval by the planning board for the East Springdale commercial park project. Justice Lemming. Move to pass. Motion to pass by Justice Lming. Second by Justice Dean. Justice Bruns. I just want to know is that over by the other flex buildings?

Um, do do you mean like the flex pending or like 412? Yeah. Yeah. That is about like maybe two and a half or three miles like uh before you get to that one. Yeah. So that that is like really close to the um to the church. Uhhuh. Yeah. And then like you pass like that and that the flex place but it's going to be the same principle flex place. Yeah. Yep. Got you. Thank you. Further discussion. Further discussion. Any public comments on item number 10? Seeing none, Mr. Allen, will you please call a role? This is on a motion to pass item number 10. Motion by Justice Limming. Second by Justice Dean. Justice Koger. Yes. Yes. Justice Dennis. Yes. Justice Hires.

Yes. Justice Rio Stafford. Yes. Justice Lemming. Yes. Justice Ricker. Yes. Justice Pond. Yes. Yes. Justice Bruns. Yes. Yes. Justice Wilson. Yes. Yes. Justice Mingill. Yes. Yes. Justice Terrell Lopez. Yes. Justice Eky. Yes. Justice Dean. Yes. Yes. Justice Washington. Yes. Item number 11 or item number 10 passes. Item number 11. Council, will you please read that by title only? Item 11 is an ordinance amending ordinance 2021-26 and for other matters pertaining there too. All

righty. Any motions with regard to item number 11. This is on the first reading. Justice Koger.

Yes. I this is I brought this ordinance as every I'm not going to make this super short. Everybody knows already that ordinances are supposed to go through committee before we before they come to the court. I just want to make a policy that's consistent so that resolutions and ordinances all go to the committee before they come to the court. I think that's important for us as a governing body to be consistent. And I think I mean people say resolution is not binding. That's true. It's not the law. But if it's important enough for us to put the name of the Washington County Core on it, I think it's important enough that it go through committee for review. Thank you very much. I make a motion that we suspend the rules and move this on to its second reading. I have a motion to suspend the rules and move it to a second reading by Justice Koger.

Second by Justice Ricker. All those in favor? Those opposed. Council, will you read that for a second time? An ordinance amending ordinance 2021-26 and for other matters pertaining there too. Justice Koger. Motion to move to its third and final reading. Motion to suspend the rules and move to a third and final reading by Justice Koger. Second by Justice Ricker. All those in favor? Those opposed? Councelor, will you read that for a third and final time? An ordinance amending ordinance 2021-26 and for other matters pertaining there too. Justice Koger. Motion to pass, please.

Motion to pass. Item number 11 by Justice Koger, second by Justice Ricker. Any further discussion by the body?

Justice Leming. Uh, Brian, are there a few things that we talked about this before that don't really have to go like a personnel deal or something goes to a resolution, it has to go to the committee. So, resolutions have always been exempted from going to a committee. And I think in this ordinance there are certain types of ordinances such as resolutions honoring individuals or entities expressing appreciation or authorizing meth uh marriage officiates that don't have to go to a committee. However, as you all know, you can bring an ordinance or if this passes a resolution to the full court without going to committee by twothirds vote. So if the the body feels like it's good enough, you can still do that and bypass the committee process.

Well, marriage and other few things. Okay. Thank you. That's what I thought. Further discussion on item number 11. Public comments on item number 11.

But on bottom right,

m Okay. My name's Lou Reed Sharp. I'm from Tiny Town, Arkansas. And I encourage I think this is a good idea because I've been in enough I've come to enough meetings that we have spent a lot of time on resolutions that have nothing to do with county business. We don't spend tax dollars on it. That it has nothing to do with anything. So, I think it would it would save a lot of time and money if these did go through resolutions did th go through committee first um before it comes through the full quorum court and we waste an entire night discussing it. I'm not so sure. I don't know your process for getting items on agendas, committee agendas, but I think a similar process needs to be in place so that when items come up, they've been discussed publicly before they just get surprised. And the same with grants. Otherwise, grants get applied for and then we're in for a shock and $2.5 million are being applied for. Where was the approval process? So, I think this is a good step in the right direction. Thank you.

Thank you. Public comments. Mr. Allen, will you please call the question? This is a motion to pass item number 11 by Justice Koger, second by Justice Ricker. Justice Koger. Yes. Yes. Justice Dennis? Yes. Yes, Justice Hires. Yes, Justice Rio Stafford. Yes, Justice Lemming. Yes, Justice Ricker. Yes, Justice Pond. Yes. Yes. Justice Bruns. Yes. Justice Wilson. Yes. Yes. Justice Massenill. Yes. Yes. Justice Rivera Lopez. Yes. Yes. Justice Eckie. Yes. Justice Dean. Yes. Yes. Justice Washington. Yes. Yes.

Item number 11 passes. With that, the committee reports were in your packet and without objection will be ajourned.