We'll go ahead and begin. I welcome each
and every one of you to this afternoon's
meeting or early evening meeting, the
16th meeting of the year uh for 2026 of
the city board of directors. We'll begin
with invocation by Father Mark Neighbors
with St. Luke's Episcopal Church. And
I'll lead the pledge. All rise.
Let us pray.
Almighty God, our heavenly father, send
down upon those who hold office in this
community the spirit of wisdom, charity,
and justice that with steadfast purpose
they may faithfully serve in their
offices to promote the well-being of all
people through Jesus Christ our Lord.
Amen.
>> Amen. Please join me in the pledge. I
>> aliance 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.
» We'll now call this meeting to order.
Please call the role. Director Aaron
Holidayiday,
» Director Phyllis Beard,
>> present.
>> Director Marcia Dob Smith,
>> present.
>> Director Dudley Webb,
>> here.
>> Director Karen Garcia,
>> here.
>> Director Steve Trusty
>> here.
>> Mayor Pat McCabe
>> here. At this time, we'll consider
approval of the agenda. Are there any
additions, deletions to the agenda or
items on the consent agenda to be moved
to new business?
>> Director Webb.
>> Yeah, thank you, Mayor. Um
B, I want to give you a question before
making any type of potential motion. Um
item four, R-26-139.
This is the
um resolution to consider setting the
time and date of a public hearing on the
multi-purpose improvement district.
>> Yes, sir. if is there are some residents
in my district who have questions on
this and I know the purpose of it being
on our agenda this evening is to
consider setting a time for a hearing
but would there be anyone here available
including yourself to answer a few of
the questions that I have before the
hearing so that I can uh be better
prepared to provide details to those
with questions
>> okay that's the case, then would a a
move to new business be appropriate for
this evening?
>> Um, you're you're at liberty to move it
to new business if you'd like, but
there's no action to be taken tonight
other than setting the date and time,
which is required by the statute,
>> right? Uh, I want to make that motion to
move it to new business.
» Well, we we could just we don't have to
have a motion. We just move it, can't
we?
>> You'd like, mayor,
>> we'll just move it to the first item on
new business. Thank you.
» Okay. So, we have a item moved to uh to from a
consent agenda to new business. That was
resolution R-26-139.
So, motion to approve the agenda as
modified. Director Garcia.
>> So, move to approve as amended.
>> Thank you. Seconded by
>> second.
by Director Do Smith. All in
favor signify by saying I.
>> I.
oppose. Same sign. Agenda is adopted.
This time we'll consider approval of the
minutes of the regularly held meeting on
August 4th, 2026. Are there additions,
deletions, or corrections to the minutes
as presented?
>> Hearing none, I'll entertain a motion to
approve.
>> So move.
>> Got a motion by Director Web, seconded
by second.
>> Director Do Smith. All in favor signify
by saying I. I.
>> Post same sign.
Minutes are adopted.
Our recognition of guests, we have Mr.
Cole McKascal, interim president and CEO
of Greater Hot Springs Chamber of
Commerce and Metro Partnership. Uh Cole
will deliver the economic development
report. Welcome.
>> Thank you very much, mayor, directors.
Good to see you. Um real quick, I wanted
to make a a special presentation.
As [clears throat] you know, um the
Metro Partnership has investors in our
organization. Um, and every now and then
we like to give a little something back
to show our appreciation. And so this
summer we've been going around and and
giving uh a little something to that
people can display at their place of
business. Uh, and the city of Hot
Springs is our largest investor and
qualifies for our largest uh investor
level. And last week I came over and
presented this to the mayor and the city
manager uh and and they thought it'd be
nice if everyone saw that. So, we are
deeply appreciative of your investment
in economic development for our for our
area. Thank you very much.
>> Thank you.
>> I'm going to leave this in Lance's poss
possession.
» So, it's uh it's only been three weeks
since my last report here, but I do have
a few updates for you. Um, as you know,
we've been updating you on uh new
business leads coming from the state
economic development agency. Uh, I'm
proud to say we are now up to five new
manufacturing leads uh totaling a
potential new job creation numbers
around 925 new jobs, $450 million in
investment. Of course, these are very
competitive projects that are looking at
most communities in Arkansas and
probably other communities in the
greater region. But we are in the game
and competing for those, putting our
best foot forward the best we can. Um,
since we last met, uh, we did open a new
expansion project with a local
manufacturer that's that's needing to
create over 50 new high-paying jobs in
our community. U, they just need some
help working through some logistics and
some real estate issues, uh, which we
are helping them with. That brings us up
to a total of 15 open job creation
projects, uh, that we're working right
now. Uh next week we're hosting a site
visit from an out ofstate economic uh
development prospect. This will be their
third visit um to Hot Springs. So things
are getting pretty serious. Uh the city
manager has been involved in some of
those discussions. Um July 31st was a
deadline to to nominate new opportunity
zones. So the federal government
reauthorized opportunity zone program
for opportunity zone 2.0 is what they're
calling it for the next 10 years. and
states had um are able to nominate new
opportunity zones in their areas. Uh and
so when this news came out, uh the city
and the county and the metro
partnership, the planning development
district, Visit Hot Springs, we all got
together to discuss um strategy here and I'm proud to say we put our best
foot forward in trying to get as many
opportunity zones in Hot Springs as we
possibly can. Um the governor has the
ultimate decision on where to nominate
opportunity zones. Um and we've got a
real great advocacy effort um going
right now. The deadline to officially
nominate to the governor was July 31st.
We got some real strong nominations in
and we should hear more from the
governor's office um within the next few
months. Um we hosted the Windows USA
ribbon cutting at their new facility.
That has been uh much discussion of this
group. Uh and so wonderful uh that we
could host that. Just a great story for
Hot Springs. Um, in business retention
and expansion, I'm proud to say it's
been a major focus for our organization
this summer, especially with Gary
Jackson, since workforce development is
slower when the schools are out. Um, we
are now up to 74 business retention and
expansion visits year to date. Um, and
so that concludes my report. Happy to
answer any questions.
>> Any questions of call? Director Garcia.
>> Thank you, Mayor. in the uh five leads
of manufacturing,
how important is the uh water supply to
what they're looking at?
>> I would say three of the five uh real
high water capacity was very very
important and of course with all of them
having access to water is extremely
important.
>> Thank you.
>> Yes, ma'am.
>> Director Trustee. Thank you, Mayor Cole.
Um the opportunity zones that we have
now, do they expire at the end of the
year?
>> They certainly do. So there's no
guarantee that those even those will be
renewed.
>> That is correct.
>> We nominated or submitted
how many did we submit?
>> We had three for the last 10 years. Uh
and we submitted four this time.
>> Great. Thank you.
>> Yes, sir.
>> Director Web.
>> Thank you, Mayor Cole. Out of the four
that were resubmitted, are are three of
those, excuse me, out of the four that
were submitted, are three of those to
continue the three that are currently in
place or they new?
>> Um, they're a little bit different area.
Okay.
>> Thank you.
Any further questions of Cole?
Hearing none. Thank you.
>> Thank you.
>> This time we'll hear from our city
manager, Mr. Bill Burrow.
>> Uh, thank you, mayor, members of the
board. Uh, want to start off welcoming
several new employees to the city of Hot
Springs. Daniel Malsh in our planning
and development as a permit clerk.
Marcus Reed is a 911 operator in our
police department. Lucas Roads, a
records clerk in our police department.
Steven Barber coming in with solid waste
as a commercial helper driver. Uh,
several utilities employees, Howard
Carter and water distribution. Mark
Richard, Zachary Wood, and sewer list
station technicians Hagen Tyler and our
utility billing AMI tech. We also had
several promotions uh since our last
meeting. Alexander Lee promoted to Hot
Springs Police Department officer first
class. Uh Aaron Combmes was promoted to
corporal. Matthew Cham was uh promoted
to sergeant. And Eddie Fleming over in
animal services was promoted to animal
services supervisor.
Eric Vice as our senior tractor trailer
driver in solid waste. A couple others
in uh Lance Graves uh moving into a
supervisory role in our weld shop. A lot
of steel in in that particular
department. So that's a a really big uh
task, but congratulate Lance on being
able to move into that role. Joshua
House promoted to street division crew
leader and then Tyler Gwyn was uh
promoted to a truck driver in the street
division. Also want to recognize uh
Sergeant Chris Atkins and the Hot
Springs Police Department. August 31st
will be his last day with us with 28
years of service serving the uh
citizens, residents, visitors of the
city of Hot Springs. Just a a really
great great guy, great officer, going to
be sorely missed. Uh 28 years of uh
strong dedication. So we we wish uh
Sergeant Atkins well in his uh in his
future endeavors.
Water's been a big topic with the heat
that we've been under for the last
couple of weeks. Uh I don't know if
you've seen in the news, we've got
several cities throughout Arkansas that
are either in strict conservation,
uh volunteer conservation,
uh watering. If your address is an even
number, you water on an even day. If
it's odd, you water on an odd day. And
then there's others that just got a
complete moratorum on on lawn watering
or vehicle washes, any of that. Um, I
can tell you that as of July 31st, had
we not had this new plant, we would have
been back where we were in 2012 where we
would see tanks falling quicker than we
can fill them up. Um, we have no uh
volunteer or mandatory conservation.
We're in very good shape with both of
these plants and supplying water. But
had we not had it, you know, and we
[clears throat] said this several times
moving through that, the only thing
different today than 2012 is we have a
lot more users on the system and better
weather and you just can't depend on
weather on whether you can provide water
um on a peak day to your to your
customers, to your residents. So, want
to point that out. Um that goes back to this board and your prior board just
having the wherewithal to uh to build
this new plant and it is paying off. We
see it today and we'll see it for years
to come.
We've had the cooling shelter open at
the community resource center. Um this
past weekend they had several uh that
were partaking in that. it. Of course,
it's open from 8:00 to 5:00 Monday
through Friday, but on these hot
weekends, if it's going to be over a
hundred, we're going to have it open on
the weekends as well. I know Saturday,
this past Saturday, they had 47 check in
for for the cooling shelter. Um, had
another 16 join right around lunch. So,
had 63 there for Saturday. Uh, they're
able to to take a shower, wash closed,
have lunch. uh coming back on August the
16th. They had another 48 uh that were
there and and were able to take part in
the hygiene facilities there at the
community resource center as well. Um it
will be open this coming weekend, August
22nd and 23rd, uh from 10:00 a.m. to 400
p.m. They usually kind of migrate from
there uh over to the Salvation Army um
during the weekends for dinner there at
4. Uh so real real happy with the work
that Chris and and everybody at the
community resource center is doing. I
get com I don't have a week go by that I
don't get a comment about that facility.
So still doing great work there.
Uh baseball camp or basketball camp. Hot
Springs Park and Recck Department is
partnering with the Memphis Grizzlies
and National Park College to host a free
junior grizzly basketball clinic for
kids ages 6 to 14. That's going to be
Sunday, September 6 from 10 to 11. And
it's going to be out at National Park in
uh what do they call that out there? The
kettle.
>> The kettle.
So, if you're interested uh
you can get in contact with uh with the
college and get your uh son, daughter,
grandchild signed up for for a free
basketball camp. Kicking the stigma is
something coming out of the police
department. uh come out and support the
Hot Springs PD and various teams as they
go head-to-head in the sixth annual
Kicking the Stigma kickball tournament.
It's law enfor law enforcement and first
responders versus recovery uh on
Saturday, August the 29th. Games start
at 9:00 at Majestic Park at 105 West
Building. Uh Chief, hopefully you guys
are going to bring in a win there.
>> Bringing in a lot of water, sir.
[laughter]
>> Uh we do have a burn ban in effect. Um,
this ban is based on the potential fire
hazard associated with just low fuel
moisture levels, dry conditions, and
little to no precipitation. Uh, it
prohibits all controlled burning within
the city limits. All burn permits issued
prior to the burn ban have been
rescended. They can be reissued and
extended when the ban lifts. Uh, the
burn ban will be in effect as long as
these conditions are present. Uh we will
put information out if the chief uh
calls for a discontinuation of the burn
ban, but we're going to have to have
quite a bit of quite a bit of rain to
get to that point.
>> Speaking of the fire department, we've
uh added two new apparatus to the fleet.
U very happy to report that we have
received our new ladder truck. It's been
delivered currently housed at the
central station on Broadway. Um I'm not
sure if it'll stay there, if it'll make
its way out to station six. Uh but that
is a $2.3 million apparatus
and those don't come around just every
day. Um as you know, we had several of
these on our unfunded uh capital
projects list and glad to see a couple
of these coming in. Uh in addition to
this, we've got a new pumper truck for
our Park Avenue station. Pumper trucks
about 800,000. So, uh, glad we've
received those two pieces of equipment.
Our fleet director, Grace Bees, is in
the audience tonight. I know that, uh,
you've had to check those out pretty
well and get them out there in service.
So, appreciate your work as well. Uh,
Hot Springs Parks and Recck in the early
stages of creating a little over,300
square foot outdoor batting cage
facility at Kimry Park. Uh, we've heard
that for for several years that they
wish they had a batting cage there. So,
it's a live arm full four full four
multi-lane amenity. Will be a first
come, first- serve basis, but it'll
provide a safe net enclosed space for
individuals and teams of all ages to
practice hitting. So, glad to get that
up. Hopefully before now and the end of
the year, we'll have that built in and
in play. With that, mayor, I'll be glad
to answer any questions.
>> Very good. Any questions of our city
manager?
hearing. Now, we'll move on to
[clears throat]
board of directors announcements of
upcoming events. Director Garcia.
>> Thank you, Mayor. I would like to uh
announced that uh food for thought,
their monthly uh food and resource
distribution will be scheduled uh the
this Saturday, the 22nd, from 10:00 a.m.
to 12:00 p.m. at 3:24
Malvin Avenue. This is hosted by the
giving team to help individuals and
families in need throughout the hot
springs community. They hold this every
fourth Friday at 324 Malvin. And the
event provides free food,
clothing, personal care items, and
social services resources and
connections
to additional resources.
And uh this is critical for our
community. Many in our community are uh
experiencing
u great needs. Yesterday I u volunteered
at the community resource center and I
witnessed uh donations. Uh the Elks
Lodge came in with donations of toilet
paper, water, Gatorade, single uh uh
items of snacks and fruit. And uh we
prepared and served 155 meals yesterday.
And a lot of these are veterans. There
were families with children. It's a big
need in our community. And I'm so
thankful we have the community resource
center because it's providing a big
need in our community and the food for
thought Saturday with a resource of food
and distribution also is part of our
overall
community appreciation to help all in
our community.
Thank you.
>> Very good. Director Web.
>> Thank you, Mayor. Um, same day this
Saturday for those that attend Food for
Thought, even if you don't, uh,
that later that afternoon at 4:00 p.m.
to 7:00 p.m., you should stop by the
12th annual Hot Springs Community
Resource Fair. Uh, this is held at the
historic farmers market, which is
located at 121 Orange Street. And the
12th annual Hot Springs Community
Resource Fair this year will be held in
conjunction with the Beerbra Coleman
back to school bash and Samaritan's Feet
Ministry shoe giveaway providing an
afternoon filled with free community
resources, school supplies, shoes,
refreshments, and familyfriendly
activities. So, there's two great events
to do this weekend. one that morning,
the food for thought 10 to 12 and then
one in the afternoon 4 to 7, both taking
place this Saturday right here in Hot
Springs, Arkansas. [clears throat] Thank
you, Mayor.
>> Director Trusty.
>> Thank you, Mayor. Uh just a reminder
about the Hot Springs Chamber bingo
night. That'll be next Thursday, the
27th, at 6 PM at the Convention Center,
uh just across the street from here. Uh
Thursday, August 27th at the convention
center, hall D and E for an evening of
cash prizes, fun and friendly
competition. Doors open at 5:00. The
games begin at 6. Tickets are $25 in
advance. That includes all 20 games, or
if you wait and buy a ticket at the
door, if any are available, that will be
$30 at the door. Every game pays a cash
prize. The final game is worth $1,000.
You'll also have the chance to win even
more by entering the 5050 cash raffle.
Says, "Please bring cash for bingo cards
and raffle tickets, but credit cards
will be accepted for concessions and
refreshments only. You can contact the
chamber to reserve your tickets at
321700
and that's a week from Thursday night at
six o'clock."
>> Very good. Any other uh director Bob
Smith?
>> Yes. Well, this one combines fun and um
for a cause. Join the friends of the
national park in the celebration of
Bakas, the Roman god of wine and the
arts by raising your glass to help raise
the glass for the Maurice. If you know
the the last bath house that hasn't been
restored is the Maurice. It had a
beautiful roytoft um stained glass
windows that would are up in the top and
they've been lost, broken, damaged
[clears throat] and and this is to uh
help restore those. You can um the
evening includes curated wines, upscale
bites. It has uh food from the secret
handshake, JNS hospitality, 501 prime,
and the vault. So, it's some upscale
food and you get to vote for the
celebrity that wears the best toa and
there is a sexy leg contest that's going
to be there with with local celebrities
to be unnamed. I don't know if I know
any of those. Uh that's going to be this
Thursday, the 20th um at the 315 Park
Avenue. The tickets are $75 and you can
uh reach out to Roxan Butterfield at
give.com
for those tickets. Sounds like a fun
time and it's only two days away. Wow.
>> Evenings.
>> Any other uh comments?
I want to follow up a little bit on
Director Garcia's comments about the
community resource center and the meals
that they they produce. Rotary Club, Hot
Springs National Park Rotary Club uh had
a meeting there about a month ago and we
ate alongside all those others that were
there for for food. And uh I had an
occasion to talk with Chris the other
day. who's here today in the audience
and asked him how much he's spending on
food. He says, "Pat, everybody's been
donating food." He says, "We don't we
spend very little on food and they reach
out and you'll see uh Sally Carter or
others reach out on Facebook what what
their needs are." And there's really the
reason I'm saying this is there's no no
contribution is is too small. uh our
place at my wife and I's place of
business, Hotel Hail, we changed our
hamburger buns. So, we had a few
hamburger buns left over, just shy of
four dozen. So, I brought them by last
Thursday, last Wednesday before I went
to Rotary. And and the staff there is
really most appreciative of of all those
type of gifts. So, to the degree that took care of 40 burgers, you know,
that week or the next week. And so if
you do have a extra coin and you're
going to your Sam's or Walmart or
Kroger's, if you just buy, if there's a
bargain bid bay basket, grab something
and bring it by. It's easy in and out is
about the easiest in and out that you
can probably hope for. So [snorts]
continue to support the community
resource center. And thank you. There's
no other items of uh Oh, wait. We got
upcoming events here. We got uh going
out a couple months. Uh election day is
Tuesday, November 3rd. We meet on the
first Tuesday of every month. So, we
probably don't want to necessarily meet
on that day. Uh move it up to uh Monday
the the 2nd possibly or as Bill and I
have talked, you know, if we don't have
much on the business-wise, we could
forego it, but we just want to
contentively have it for Monday. the
first or excuse me, Monday the 2nd or or
really try to forego it. Any thoughts?
>> Forgo.
>> Pardon?
>> Forgo.
it. Okay. Well, if we have to have
a a special call meeting or so, we can
do that. If we can find a date, certain,
but we could do it the next week if we
needed to at the agenda meeting.
Okay. Is that okay, Bill?
>> Yeah.
>> All right. We'll get it out to staff
that uh if they've got anything, we'll
try to get it on the meeting before or
the meeting after and keep that one keep
anything off that particular day.
>> Yeah, we get a little jumpy because
there's only so many we've only got four
meetings left the year and we're giving
one away. [clears throat] So, uh we got we may end up having to have a
special meeting. Okay. Uh moving on to
the consent agenda. These are of a
routine nature. They do not merit
individual discussion. So I entertain a
motion, a second to approve the agenda,
>> the consent agenda as represented
director Garcia, seconded by director
trustee. All in favor signify by saying
I.
>> I.
Post same sign. Consent agenda is
adopted. Now we had one item that was on
the consent agenda. We move to the first
item on new business and that's uh was
item 4 R-26-139.
I entertain a motion a second
>> to uh I think I'm sorry. You got to read
this. Will you please read? Yeah. So,
this is resolution R-26-139,
a resolution setting the time and date
of a public hearing on the petition to
establish a hot springs municipal
property owners multi-purpose
improvement district number 26-75 of
Garland County, Arkansas, Cali Ridge,
estate subdivision. We'll need a motion
and second to adopt and then we can have
the discussion.
>> Motion to adopt. So, move
>> second.
>> Director Trustee seconded by Director
Web. And I guess you can provide the
staff report.
>> Yes, mayor. I'll I'll I'll set the table
for this. You may end up having more
questions from Mr. Perry Young who's
here as well. Arkansas code annotated
section 14-94-101
at seek establishes the uh procedure by
which an improvement district may be
formed. Uh this particular improvement
district is coming to you by virtue of a
petition that was filed uh and signed by
all of the uh uh you you have to have
unanimous property owner uh
participation in this. This particular
parcel is owned by by one individual
owner, an LLC. Uh so that is the
signature that appears on the petition.
That petition uh was received by the
city clerk on July 28th of 2026.
Uh pursuant to Arkansas code annotated
section 19-94-106.
Upon the filing of that petition, a date
and time of not more than 60 days, not
less than 30 days shall be set for a
hearing before the governing body to
hear all of the parties desiring to be
heard uh and for the consideration of
the petition. Uh should this uh
resolution be adopted, uh then there
would be a a public hearing uh scheduled
September 1st at your regular board of
directors meeting uh at 6:00 pm. Uh this
will be on the petition that's been
filed for the improvement district. Um
the petition includes the description of
the property. Uh it's approximately 25
acres. There's a meets and bounds
description that's attached to the
property and for the purposes uh to be
used uh constructing waterwork, sewers,
and other utilities within the described
lands as well as for the grading,
draining, paving, curving, and laying of
streets and sidewalks together with
facilities related to any of the
foregoing. Um so that's that's
the background of this. Um this is a
statutory scheme that uh provides a
ministerial duty for the board to to set
a hearing.
>> And you said that hearing was going to
be set on September 1st
>> at 6 at 6 p.m. Yes, sir.
>> Was there was there a
an action item under after the hearing
for that evening?
>> There would be. Yes. So you would have a
public hearing and then the action item
on on on the creation of it after you
have heard from from the parties who
have an interest in in it.
>> Okay. So but we're required to establish
a a date and time for a hearing.
>> You are sir.
>> Okay.
Director Web.
>> Yeah. Thank you, Mayor. Um I appreciate
all the clarification be um you know
this is for the most part a procedural
matter tonight that uh we have to enact
on by law right to set set a hearing. Uh
but before we do um I asked previously
if any representative uh on behalf of
this group is here today and it is
conveyed to me that there is somebody
here. So, uh, if we don't have any more
questions amongst ourselves for you, um,
can now be a good time that we call that
person up. Mayor,
>> again, there's no action items, so
anything we hear tonight will probably
hear in two weeks.
>> Okay.
>> Mr. Young, if you would come forward,
this this is Perry Young, uh, attorney
at law representing the, uh, the
petitioner.
>> Good evening.
>> Welcome.
>> Thank you for having me.
>> Yeah. Uh, Mr. Young, I appreciate you
being here. My name's uh Dudley Webb
III, city director for district 4. And I
just, you know, there's some residents
in my district, which is where Cali
Ridge is located in district 4, who have
some questions over the potential
creation of this particular district.
and I'm glad you're here tonight to
where I can give you some of those
questions just so that in between now
and when the hearing is scheduled to
take place I can provide some details to
those who might have questions. Um, I
guess I'll start with, you know, as this
was being introduced to us, uh, at the
agenda meeting last week, it was
somewhat compared to that of a POA, um,
if I remember right, uh, and POAS in
typical fashion are made up of
homeowners that live in that said
subdivision. But it looks as though
based upon what was presented to us in
this packet that the commission for this
particular district will be made up of
three individuals who don't currently
have a home in that subdivision. So can
you share with me uh and I can give you
the names that were provided to us. It
was Todd Havens, Paula Alderman, and
Daniel or Danielle Barlo, I believe
those three. uh can you share with me
how these three uh were nominated to be
on this commission and if any of those
three live here in Hot Springs or are
intending to live in this particular
subdivision.
>> Uh thank you very much. The subdivision
is in the uh initial stages of
construction. Now this allows the
defrainment of some of the construction
costs over a period of years.
Uh it is unlike a PLA in that uh this is
not a recreational improvement district
which would continue to collect and
spend money on maintenance and
improvements of ongoing projects. This
is assistance with the construction
costs to keep prices down uh for
affordable housing is what it's going to
be uh in in the long run. And the answer
to your second question is no. Uh they
are uh three people nominated by the
developer.
Uh the developer doesn't intend to move
from where they live. Um I come from
Selen County as does the developer.
That's our problem, our misfortune, but
that's not the intent.
>> Um thank you. Uh, can the
uh commission be changed? Uh, if there
are homes that are constructed within
the near future in this development and
the three that are currently on this
commission don't live there, but there
are three who do live there and they
feel like servant upon this commission,
can they? And how does that work to do?
>> Not only can they, but pursuant to new
law passed by the legislature and Brian,
I'm going to apologize. I don't have the
exact site on the top of my head, but I [clears throat] think you'll confirm
the commissioners do need to rotate off
uh at maximum. My understanding is, and
if I'm getting this wrong, it's two
three-year terms. Uh and you're gone. Uh
and that was to make sure it wasn't kind
of an old crony kind of old boy club
kind of thing. Uh running it. I would
expect that there would be three uh
people within the uh within the uh new
neighborhood that would uh want to step
up. There's not much to it. It's really
ministerial. You file a report once a
year and you make sure that the trustee
is paid and if somebody's not paying uh
the taxes that are collected by the
county assessor
>> uh as part of your special improvement
district taxes uh they make decisions
whether or not to pursue any kind of
action against those non-paying uh
properties. That's really their only
responsibility. Would would there be any
um legislative stat statute in these
codes to prevent somebody who lives
there from being on this commission?
>> I haven't found any, but
>> no. Okay.
>> We would encourage it and I would think
those would be the people with the most,
you know, the most uh skin
[clears throat] in the game, if you
will.
>> Um it was also mentioned u Mr. Young
that there are some examples of this
particular type of district, the
multi-use district that are in Benton.
Um, however, I'm not seeing any details
of that in our packet. And how does
someone learn more about those districts
that are in Benton? Uh, is there any
information about those is the question.
And then the second one, um, is were
these districts also created by this
same development
company? two of the three were that I
have been involved in as council. I sit
as commissioner on improvement district
number 131 of uh Benton. Uh we in part
of developing Hurricane Lake of which
I'm a member. Uh it's my side gig from
practicing law I suppose. Uh
knew what the process was, believed in
it, got myself in the middle of it, put
myself on as commissioner, and I really
do hope to retire off soon. Uh but I can give you two sources besides Mr.
Albbright uh that might be of some
uh comfort if you will. Uh one is Ray
Owen. This has not only been done in
Benton or any other county. I know Mr.
Owen has formed in in the in the past uh
several improvement districts or been
instrumental in in forming them. And the
other is the bond council that we hire
to make sure that everything is uh the
tees are crossed and the eyes are dotted
as far as the debt that is being uh if
you will collected by the county
assessor for their 3% fee and forwarded
to the trustee for forwarding on to the
bond holder and that is Hartzell Reagan
Rh over at the Gil firm up in Little
Rock. Uh we've worked with them twice
before. I've also on my own worked with
uh the uh Friday firm on setting them up
and I I know the uh right Lindsay
Jennings firm does them as well. So this
is not very esoteric but I know for a
fact there's at least 141 such districts
most of which are these municipal
improvement districts and not
recreational districts in Selen County
and that number is 75 here in here in
Garland County.
>> Well yes sir. Um the
details that we have are stating that
there's about 250 active uh improvement
districts in 20 counties around
Arkansas. Are you familiar if any of
those are defined as multi-use
improvement districts or would they have
some label such as, you know, sewer
infrastructure improvement district or
so forth?
I don't know what the I'm I'm not going
to tell you I know what the ratio is,
but I know that most developers uh when
they write a check to a contractor,
they're looking at what um the total
improvements are, not just one element.
And and that seems to be I don't know if
there's a trend, but I can tell you
anecdotally that they are the majority
of the newly formed ones. And I I'll
spend an hour at the uh Selen County uh
circuit clerk's office. I'm excuse me
the Selen County county clerk and the
Benton and Bryant city clerk's office
and I'll do the same thing here in
Garland and probably provide you with
dozens of them but I'll be happy to Is
that where it gets its name like the
multi-use is that because there are many
uses for this particular type of
district being created and that's if
that's the case yeah what what are its
intended uses for this district being
created
>> towards which type of infrastructure
sorry
>> towards the extension of existing
utilities and the buildout of utilities
within the uh the subdivision. And
again, it's wholly owned by the
developer at this point. And our goal is
along with the contract buyer Lenar,
which you may know to be the successor
to Rous Coleman, that's already part of
their agreement. And Rash Coleman, now
Lunar has okayed it. And Mr. Albbright,
I have letters saying that they've
received it. They don't need certified
mail copies. Um
now the the other detail [clears throat]
here is that this type of district may
be used to borrow money um to construct
this infrastructure. Uh
if that's the case, uh how does that
said money get paid back? Who does that
fall on? Would that be uh something
that's incorporated into interest that's
picked up by potential future property
owners within the subdivision?
uh could it be uh their you know the
price or value of their property goes up
because there are existing debt loans
out on infrastructure. How how does it
get paid back? It lowers the the barrier
to entry for moderate priced housing uh
in that part of your development costs
are not uh obtained, you know, plus
whatever a reasonable profit might be.
But it part of your development costs
are being deferred, paid back over a
20-year amortization,
uh, where they're being, uh, charged,
uh, no greater, pursuant to the
agreement with Raj Coleman, uh, $600 per
year per lot.
>> Okay. So, the three that are currently
on the commission would have the say as
to how much is to be borrowed and how it
is to be paid back, or where does that
come from? That's the resolution that's coming next. Once we get the
appraiser, we excuse me, I meant to say
assessor. Once the assessor is sworn in,
once the commissioners are sworn in, we
have a limit that's pre-imposed by
contract with uh, as I said, Raj
Coleman,
>> is that going to something that's
included in our packet prior to the
hearing, too, or can that not be
established until you have a formal
multi-use district? that's
[clears throat] going to be established
after the district is established.
>> Yeah.
>> Because the other part that I noticed is
that you know if and when any such
establishment were to be approved such
as this multi-use of uh
>> multi-purpose um district once approved
the city has no legal authority over the
district. So what exactly does that
mean?
>> Well you really don't have any legal
>> would there be any need to have any
authority and what might that be?
>> You don't really have any legal
authority over it now. Um it
[clears throat] it has to be established
uh this way in order for them to do do
an assessment uh just like you would on
a water improvement district or sewer
improvement districts. And that goes on
the tax roles. And so the property
owners going forward on each one of
those lots pay their taxes and the
assessment to the collector. That money
is then used to pay off the debt.
» Thank you. Uh I'm just looking over my
notes. I'll pass the mic.
>> Director Garcia,
>> thank you. Uh, some of the residents uh
had questions because they didn't
understand everything. They didn't know
if they needed to come to the hearing
once we set the hearing date. And uh,
who does the clerk submit the money to
once they the county clerk collects the
money? Who do they submit that to? Uh
usually there's a trustee involved or at
least a paying agent. It can be
Centennial Bank. They do that. Pilaski
Bank and Trust, whatever they're called
now, uh does that. Uh Allan King of
Improvement District Inc., which I'm
sure Mr. Owen has worked with dozens of
times, he will act as a non-fiduciary
trustee, meaning he doesn't have to go
sue people if they don't pay. That's
optional. Uh and that's the real only
difference there between a paying agent
and a trustee. But that's who your
county collector pays.
>> And uh who pays this assessment or or
tax?
>> The residents per lot for a designated
period of time.
>> So it's only the owners that buy lots or
homes [clears throat] within Cali Ridge.
>> Absolutely. Is that correct?
>> 100%. It has a defined geographical
perimeter
>> and uh I'm familiar with the developer
taking care of the POA until there's
over 50 or 55% of uh owners and then
they have the option to uh take over the
POA. But this would stay in TAC until um
whatever the amount to be paid back is.
that how that works?
>> Yes. As I understand it, our contract
purchaser does not want POAS in their
subdivisions. What they
>> do allow for is this to assist with the
initial development costs.
>> So, it's only for the infrastructure of
the initial development and then once
that's paid off,
uh it's there's no more assessment.
>> Correct.
>> Okay. And uh that's all handled by the
clerk and this uh improvement district
once it's established. Is that correct?
>> Really, it's the clerk and the trustee
the
>> or the trustee for the improvement
district.
>> The commissioners meet once a year to
approve the transparency report which is
filed with the state and really there's
not much more than that usually.
>> And once this is done, uh what is the
city's role? city has no role
>> or no expense.
>> It has no expense.
>> Thank you.
>> Well, I'll I'll clarify that. Uh once
the assets are are constructed and
they're dedicated to the city, then the
city has go, you know, ongoing
maintenance for that. But they're paying
for all of the infrastructure until it's
dedicated to the city, which is the
engineer periodically comes to us and
says, "These assets are being will you
approve to take them over?" And then
they're in our maintenance. Until then,
it's the maintenance of the special
improvement district. Is that correct?
>> Well, so that the assets are dedicated
to the city when it's closed out. So
when when our city engineer brings you a
list, bear in mind that our water has
been going through those lines for over
20 years, sometimes 30 years. And yes,
we've been maintaining them. That's what
we do because we charge uh our customers
not only on&m uh [clears throat] but uh
you know the sinking fund and so that's
what the money is intended for is for
the maintenance
>> on water and sewer.
But there's no lines in if they don't
have the infrastructure in there now.
There's no lines in there being used.
>> They have to put they have to put them
in.
>> Yeah.
>> And and and the money that they're
wanting to raise from this assessment is
going to pay for a portion of that. It's
my understanding with your cap of $600
per year per lot. That's only going to
get you a little south of a million
dollars.
>> That's absolutely correct. And when I
said nothing, I meant to say there's no
difference. the dedication to the city
and the city's acceptance process and
the time frames, those aren't impacted
at all by the existence or non-existence
of a of a uh of an improvement district,
>> but the developer would pay any fees for
the that's been adopted by the city
board for uh water and
>> Oh, absolutely. They're they're water
customers just like anybody else. uh
just like Royal, just like all
>> uh almost our entire water system was developed through improvement over
the years outside the city
>> from 1972 till today.
>> Um and so that's the [clears throat] way
that those have have all gone in
>> but we won't we were having to do um
work in the uh city municipal
water
on billing that we won't this won't
entail
>> this will not royal is the only one that
we collect in the in [clears throat] the
billing theirs is per meter this is an
assessment like most improvement royal
is is it's only one that I know of that
they they base it per meter um all the
others are assessments on the tax roles
>> okay
>> thank you
>> any additional questions [clears throat]
Director Web.
>> Thank you, Mayor. Um,
was was bringing this concept of having
a multi-purpose district always part of
the plan or did this just come up? Uh,
is it because there are some added
expenses that were unforeseen and now
you're are you looking for a way to kind
of compensate maybe the fiscal um
responsibility for it or how how did it
happen that you want a multi-purpose
district? Now
>> it it is uh part of uh contracts that
commit you to sell to uh LAR uh when a
certain threshold has been reached. the
grading is within 3% of their specifics
and the streets are in and the water and
the sewer and the electric and I believe
even fiber optic. Uh again, every one of
those things cost money. They don't want
a POA. Uh this was and is the best way
to lower the uh
to lower the entry barrier to moderate
priced housing. uh on the front end.
>> Okay. Um so be hearing that are there
any other wouldn't it disclose to us
that there's zero other multi-purpose
districts in Hot Springs? I know there
are you know uh specific districts that
are in place.
>> I I don't recall there there being one.
That's not to say that there never has
been. I I I don't recall one.
>> Okay.
Um, most of those, you know, might have
been done through a POA type of format
as opposed to an improvement district.
>> Okay. So, you were saying this was part
of the plan the whole time?
>> Yes, sir.
>> You were planning on uh establishing a
multi-purpose district?
>> Yes, sir.
>> Okay,
>> that's all I have.
>> Thank you very much. Time. Yes, sir.
>> Appreciate you, sir. Uh since uh this is
kind of opened up to people coming to
the podium, is there anybody in the
audience since this was not a subject
you could sign up on? If anybody else
wants to come to the podium and talk for
three minutes, you're free to do so.
Anybody once, twice, thrice? Okay. Well,
next Tuesday we'll have a hearing.
[clears throat]
Okay. So, now we'll move on. Oh, we got
>> call the roll. Yeah.
>> Or directors uh discussion amongst
directors
>> hearing none. Please call the role.
>> Director Beard
>> I.
>> Do Smith
>> I.
>> Web
>> I.
>> Garcia
>> I.
>> Trusty.
>> I.
>> Mayor McCabe.
>> I. Resolution is adopted. Moving on to
consider resolution R-26-145.
I ask city [clears throat] turn to read
by title.
>> Resolution R-26-145.
A resolution authorizing the filing and
acceptance of fiscal year 2026 community
oriented policing development microrant
program funding to support Hot Springs
Police Department's drone as a first
responder program. That concludes your
reading. Mayor, if you would entertain a
motion second to adopt.
>> Motion moved.
>> We got director trust trustee seconded
by director web. And our staff report
will come from none other than chief
Chris Chapman. Welcome.
>> Thank you, sir. Appreciate you guys
giving me the opportunity to talk about
this tonight. Pretty excited about this
opportunity. So, this is a zero match
grant. $200,000 fully. If we are awarded
this grant, it'll be fully funded uh
with zero match from the city. So, in
2022, the Hot Springs Police Department
had deployed its first drone programs.
Uh our current drone program is very
reactive. Uh it is those drones are
assigned to either the SWAT team, C or
our patrol units. And so they are
deployed after an event has already
started. Uh take for example if we have
a lost child, uh patrol officers
respond, they put the drone up looking
for the child. Um if we have a fleeing
suspect, uh patrol officers get in the
area, we put the drone up. So uh that's
our current drone program. This program
is very unique in the fact that the
primary goal is to launch the drone.
Imagine a helicopter on standby at the
PD fully wound up ready to go and a 911
call goes in and that that helicop
helicopter responds immediately. That's
what this drone program is. It's nested
at the police department. It's tied to
our CAD system. Uh a 911 call comes in
and that drone immediately responds. And
so that's what the program is all about.
So the primary goal of this project is
to launch central Arkansas's first drone
as a first responder. It's called a DFR
program uh by transitioning from our
reactive current drone program which I
just described to an integrated DFR
framework. Uh HSB HSPD will
fundamentally change how critical
incidents are managed. So fund funding
from the FY26 micro grants program again
was $200,000 and it'll be used to
procure advanced drone technology
infrastructure and software capability
of automated and remote launch upon call
receipt. The DFR infrastructure will
integrate seamlessly into our dispatch
center and our new real-time crime
center. The integration of the DFR
technology represents a quantum leap in
operational capability of the Hot
Springs Police Department's uh dispatch
center operations and real-time crime
center. Again, rather than acting alone
as a tactical asset, the DFR platform
serves as a mobile airborne sensor
network for the real-time crime center,
our dispatchers, and our officers,
creating an unprecedented level of
situational awareness. So, it really
acts as a force multiplier. It it acts
as an advanced incident deescalation uh
device able to tell us and provide us
information before we get there. And in
precision pre precision dispatching and
resource allocation, a lot of these
drone programs that we're seeing across
the country, the drone will get there
several minutes before the officers get
there. They're able to determine what's
actually going on and instead of us
pushing three or four or five different
assets there, maybe we only have to send
one. And so that information is being
monitored immediately. So how the system
works very quickly. So we receive a 911
call in our dispatch center. The
technology allows for that 911 call to
automatically be sent to the drone. So
as our CAD information is being entered
by our dispatchers, the drone is being
sent automatically. Sometimes even
before we're on the radio dispatching
the officer. So the drone has the
capability of 45 to 47 mph. So the
expectation is that it'll get there
several minutes before the officer 7
mile range. So it can it can respond
anywhere in the city from the police
department. And once it gets there, it's
automatically um cameras down to the
scene and that information is
automatically transmitted back to the
dispatch center, the real-time crime
center, and the officers responding will
have the capability of seeing that.
Again, think about the tactical
advantage that gives us. Uh so
highdeinition video uh secur uh securely
to a certified remote pilot. Um so the
other great thing about this is our
pilots uh could be in route. Dispatch
has control of this drone and then they
turn it over to the pilot who is on the
ground at the time and able to use that.
So just a number of areas that can be
used. Crowd and event management. Think
about our St. Patrick's Day parade and
the number of people we have downtown
able to monitor that search and rescue
again talking about the lost child
elderly uh person wonders off we have
that quite often. It also has thermal
imaging uh imagery which would help us
with fires. Our fire department could
use it. We could utilize it. Uh natural
disasters. Uh think about if we have a
massive ice storm or a tornado and our
roadways are closed. It takes us time to
cut trees to get in there. We could
deploy the drone ahead of schedule,
ahead of our work crews to see those
things. Uh traffic deescalation, uh
deploy the drone, see exactly where
assets are needed, where tow trucks are
needed or ambulances are needed. And of
course, officer safety and suspect
tracking. That for me, that's the number
one thing. We're putting information out
there during a critical incident so
those officers are more aware what's
going on. Uh if there's a guy hiding
behind a car with a shotgun, we're able
to see that with a drone before those
units uh those officers step out of
those units. So, response speed, I told
you guys how fast it responds.
Deescalation, again, we're giving real
information, updated information to
those officers as they respond. Uh,
maybe it's a mental health crisis and
not a true disturbance, and we'll be
able to see that and pass that
information along. Obviously, missing
persons, there's a multitude of of ways
that can be used. Now, I want to tell
you what it's not maybe, so that'll help
answer some of the questions. So, it's
incident driven only. So, this is not
patrolling for us. It's not just up
there randomly turning corners in the
sky looking down to see what's going on.
We're sending it somewhere sending it
somewhere based on a need. Okay. No
facial recognition. All right. I know
that's a big concept right now. The
software integrates for automatic uh
does not integrate for biometric
tracking. Um strict evidence purging.
So, noncriminal footage is obviously
purged. policies will be in place where
that information is deleted and then
public accountability. Uh there will be
a place on our website where we show the
number of deployments, the type of
incidents it was deployed to. So that's
how it will be used. Be glad to answer
any questions.
>> Any questions, Chief? Director Garcia.
>> Thank you, Mayor. Chief, uh we know that
you have dispatchers
around the clock working and you have
officers around the clock. Uh what about
the crime center analysts? Are they
working around the clock or do you need
uh more resources there?
>> No, ma'am. So, our crime analysts, we
have one full-time and one part-time
crime analyst. Now, they work as needed,
but primarily during the day. Each day,
the information from the overnight um
incidents is pushed to them so they can
catalog that, build out reports, start
putting the puzzle together, so to
speak. But currently they're primarily
dayshift ma'am or as needed.
>> So if this came in while they weren't on
u duty then u they it it could still be
dispatched.
>> Absolutely. So the again multipitude of
ways to dispatch it primarily from the
dispatch center. So the dispatchers will
actually own the drone so to speak uh
from that initial call that 911 call
comes in the GPS coordinates they're
loaded in the CAD right. So techn is
fantastic. Works smarter not harder. Um
but that information from the cell phone
call, the 911 call that's automatically
populated in our CAD system, which is
our computerenerated dispatching system,
that's also being sent to the drone. And
so it's automatically sent. The
technology is absolutely amazing. Again,
imagine that helicopter sitting on top
of the police department, right? And and
then they can turn the operation of the
drone. and they can either maintain
operational capabilities within the
dispatch center or they can turn it over
to one of the drone operators, pilots,
FFA licensed uh pilots that we have on
each shift.
>> Okay. Thank you.
>> Yes, ma'am. Director Web.
>> Thank you, Mayor. Um and Chief, I'm not
trying to steal any of our thunder by
this being projected as a potential
project to launch Central Arkansas's
first drone. I remember you bringing
that up even in our uh agenda meeting,
but I I do have a question that can give
us some pretty serious data that I I
think you're prepared to give us. uh
with the other drones that are similar
to what we are considering to pass here
tonight being in operation and other law
enforcement agencies, how much real time
or real data is available uh to share
with us here tonight to show how these
drones can bring safety, better safety
for our officers. Uh which in essence, I
guess, allows for more preparation going
into a scene to apprehend suspects. Uh
that's part one. Part two, how much data
is available to see to witness to show
that there is safety being or an
extended offering of safety being
provided for potential victims to allow
response time to not only maybe increase
but to know how to respond?
Can you share with us any of that?
>> Yeah, so obviously we don't have we
haven't created the data for hot springs
because you know it's a it's a tool,
right? And so we still have people
making decisions on the ground. So that
data is not here. But from the programs
that do exist, uh, Chula Vista, several
other, you know, cities that have used
the programs, one of the biggest stats
that I am just absolutely amazed by is
the 20% on average reduction in calls
that officers actually have to respond
to because the the drone is providing
that real life information to the
dispatch center and we're able to negate
some of the the multiple officer
response to events. So, that's huge to
me. Uh but again, take for instance,
we're responding to that that active
shooter event. And you know, an active
shooter event, everybody and their
brother is going to that event. Not just
HSPD, but Arkansas State Police, Garland
County Sheriff's Department, National
Park Service, anybody with a gun and
badge is going. But if we have that
drone over the top, instead of mass
chaos, everybody kind of showing up and
not knowing what to do, we're able to
see ahead of time before those officers
get there, start directing to them to
where the bad guy is or where the
critical issue is and pushing those
resources there. So, we know that works.
We've seen that with our current drone
program. Uh on on average, the drones
are responding in in a minute to a
minute and a half. Our average response
time is about three minutes to a call uh
quicker than that to a critical
incident. But again, so you're you're
doubling your your speed capability to
being overhead providing information
that is giving us such a tactical
advantage. uh whether that's for a to a mental person, a subject in a mental
crisis where we know that hey there's
not a weapon involved. He's he's just
having a mental crisis. We can slow down
the response, have EMS coming in instead
of a number of officers that would
escalate that situation. So, we haven't
created our own data yet, but there's
plenty of data out there from other
cities who have deployed these, and
they've been deployed, I think, since
2017 was the first one, uh 2017 or 2019.
So there's plenty of data out there that
we can provide to the citizens and then
we'll do a monthly report. Uh with our
monthly report, we'll add that data,
>> you know. Uh thank you, Chief. The one
thing that I I hear a lot, my my kids
and I keep up with a lot of um body cam
police videos that are on YouTube u to
watch. And then just in policing in
general, I think one line that we hear
are there are good people who just make
a bad choice.
>> Yes. So, as important as it is, and it's
highly important to ensure officer
safety and victim safety, I think it's
fair to say that most, if not all, law
enforcement officers also, when they
can, want to see the suspect uh
apprehended in a safe manner, too.
>> Absolutely.
>> Would you say that this drone uh allows
for the process of apprehension of
suspects to be granted a little bit more
safety being utilized? Well, I think it
enhances all three of those areas to be
honest with you. Obviously, we talked
about the tactical uh safety aspect for
the responding officers, but also for
the suspects, uh for the victims. Um you
know, and and a lot of people aren't
suspects, they are victims. They're
lost. Uh this drone would help us find
them much quicker than sending, you
know, six officers in a in a grid line
into the woods looking for someone.
We've got the drone up there with with
thermal capabilities showing us that,
hey, there's a subject 100 yards into
the wood line laying on the ground. We
can send people to that direct spot. So,
we're obviously able to help sus uh
victims much faster. But also, yes,
actually there we we have an obligation
to protect the suspects as well. Uh and
so if we have that drone overhead, we
can see where that suspect is, maneuver
those resources in in a safe manner,
which allow allows for a safe
deescalation uh situation where we're
protecting them as well.
>> Thank you,
>> Chief. You had indicated that the range
was 7 miles. I don't Is that because of
radio connection or fuel or
>> Yes, sir. The the cellular data uh
connection is about seven miles. Okay.
Um, if the program is successful, if we
do what we hope to do, uh, and and show
proof of concept, uh, eventually we
would request that a secondary drone be
put in like the south part of the city,
the south southwest part of the city,
uh, enhancing our capabilities. Again,
such a multiuse tool for our fire
department, our our storm crews as they
go out in these natural weather
disasters. uh such a tool, multi-use
tool for the entire city and our other
partners, National Park Service, county,
uh obviously, you know, our lakes border
our city limits and think about if we've
got a a drowning victim or a boating
accident or something like that. So,
just a great resource to have.
>> Very good. If there's no further
questions, thank you.
>> I'll make this last statement. Uh,
Senator Boseman, Cotton, and Congressman
Westerman have all written letters of
support for this program and so we're
hoping that DOJ takes notice of that.
So,
>> okay, we got one more question or
questioner, director, trustee.
>> Thank you, Mayor Chief. [clears throat]
We discussed this briefly at the agenda
meeting, but as the information comes in
to the dispatch center and it's entered
into the system, does that automatically
um send the drone or does someone have
to push that button say yes, this is a
drone
response?
>> So, it can be deployed either way. The
technology allows it to automatically
deploy based on certain criteria, but
more than likely we're going to be
pushing that button button. Yeah. And
then of course all the information
that's being gathered as the dispatcher
is entering that additional information.
Of course that's going straight out to
our officers. Uh they can transition to
the other pilot who can add additional
information. So again the technology is
above my pay grade and but it is it's
pretty neat.
>> All right. Thank you.
>> Very good. Thank you.
>> Thank you sir.
>> Anybody sign up?
>> No sir.
>> Discussion amongst directors hearing
none. Please call the role.
>> Director Dob Smith
>> I.
>> Web
>> I.
>> Garcia
>> I.
>> Trustee
>> I.
>> Beard.
>> No.
>> Mayor McCabe.
>> I. Resolution adopted. Moving on to
consider or ordinance O-26-31.
I'll entertain a motion and second to
suspend the rules and read by title.
>> A motion to suspend the rules. director
of trustee seconded by director Garcia.
>> I have a motion and second to spend the
rules. All in favor signify by saying I.
>> I. I.
>> Oppos same sign. Council please read by
title.
>> Ordinance 0-26-31
an ordinance amending the zoning map for
lots two and part of lot three of Sour
Rock Spring subdivision from RN2
residential neighborhood 2 to CR
regional commercial zone district.
Changing the future land use plan map
from residential low density to linear
commercial corridor to correct a mapping
error and for other purposes. That
concludes your reading. Mayor, if you
would entertain a motion, second to
adopt.
>> Motion to adopt. Director G. Director
Adob Smith, seconded by director Trustee
and staff report will be provided by
Kathy Salman, planning and development
director. Welcome.
>> Thank you. Um, excuse [clears throat]
me. We have two zoning map errors that
apply to this land. And Hot Springs code
does establish standards for amending
the zoning map. One of those is to
correct an error in previous map
amendment action. I don't think we've
ever had one where there were two errors
in two different years on one piece of
land, but here we do. A 2002 application
to reszone this land to commercial
included a map which used a now very
faded highlighter to outland outline the
subject land. The board of directors
approved an ordinance that had no map
and contains
what looks like a partial legal
description of the area that was
highlighted on the original application.
Uh there isn't any doc documentation
that exists to explain why the
ordinances legal description differs
from the applicant's map. The area
depicted on the application exceeds the
area the ordinance described, but there
is nothing in either planning commission
minutes or board of directors minutes uh
from that meeting in 2002 to reflect any
amendment of the area being reszoned. In
2004,
planning commission approved a
conditional use for a self storage use
and structures on the entire multiple
lot parcel despite the fact that one of
the lots was and still is residentially
zoned. Um self- storage facility still
is a prohibited use in residential
zones.
Um the meeting minutes from the
commission's meeting um demonstrate that
the commission was incorrectly advised
prior to their vote approving the
conditional use. And what they were told
was that because an adjacent lot also
owned by the same owner as these three
was already zoned commercial, then the
residential zoning could be interpreted
as commercial zoning. Um, that's not
true. And the zoning map wasn't amended
after the fact either to reflect that
interpretation.
The current use on lots one to three
appears to be vehicle and both storage.
This storage is in keeping with the
approved 2004 conditional use um which
specifically approved additional storage
buildings again even though the mapped
residential zone prohibited that use. So
as currently mapped the use that was
developed subsequent to the conditional
use being approved um is not lawful. So
um the
approval standards for map amendments
cover this situation. The map amendment
errors affecting lots one, two, and
three, part of three saw rock spring
subdivision occurred in both 2002 and in
2004.
Correcting the map to zone the subject
land CR regional commercial will remove
a nonconformity
and would allow both the use and future
development consistent with the 2004
approved conditional use permit. A
future land use plan map designation of
linear commercial corridor is consistent
with the surrounding regional commercial
CR zoned lands and the future land use
map should be adjusted to reflect that
new designation.
>> Very good. Any questions of Miss Sel?
» Director Trustee.
>> Thank you, mayor. Kathy, this is just on
the storage units behind the commercial
property.
>> It It is on two and a half lots that are
to the immediate east of those storage
buildings. Takes it over to
I want to say S Rock Springs Road. Okay.
Right.
Okay.
>> Any additional questions of Miss Selman?
Thank you.
>> Thank you.
>> Did we have anybody sign up?
>> No sir.
>> Discussion amongst directors
>> hearing none. Please call the role.
>> Director Webb
>> I.
>> Garcia
>> I.
>> Trusty
>> I.
>> Beard
>> I.
>> Bob Smith
>> I.
>> Mayor McCabe
>> I. Ordinance is adopted. Our final
action of the item for this evening is
to consider ordinance 0-26-32.
I entertain a motion, second to suspend
the rules and read by title.
>> So move.
>> Director Do Smith, second by director
Garcia.
>> I have a motion and second to spend the
rules and read by title. All in favor
signify by saying I.
>> I.
>> Oppose. Same sign. Council, please read
by title. Ordinance O-26-32
and an ordinance calling for an election
to be held during the next general
election November 3, 2026 on the
question of authorizing Sunday sales of
alcoholic beverages for off- premises
consumption in Hot Springs, Arkansas.
That concludes your reading. Mayor, if
you would entertain a motion and a
second to adopt.
>> So second
>> director trustee second by director Dob
Smith and our staff report we provided
by our city attorney, Mr. Brian
Albbright. Thank you, mayor. Uh the the
underlying question here is sale of
alcoholic beverages on Sundays for off-
premise consumption. Hot Springs does
have onremise consumption does not have
off-remise consumption on on Sunday. Um
but this is this is a product that comes
to you through our constitution. Article
5 section one of our constitution of
1875
uh deals with initiatives and
referendums. that is the right that the
people uh of this state reserved unto
themselves when the when the uh
constitution was adopted and so we
follow that process uh in the form of
petitions. Um al Sunday off- premise
alcohol sales in Arkansas is governed by
statute Arkansas code annotated section
3-3-210
sub paragraph B. Um, this uh subsection
authorizes cities to permit Sunday
off-remise sales for retail sales,
meaning grocery stores, uh, convenience
stores, liquor stores, similar retail
outlets. It does not expand uh the
ability to to sell beyond the the on
premise license. So, in other words, an
establishment must have an on-remise
license in order to uh I'm sorry, it
doesn't it's not really what I meant.
to say is that they have a
license to sell other than Sundays. Uh
if they if they have a license uh to
sell other than Sundays, then this would
apply to them. That have anything to do
with on premise. Um in looking at the uh
the law regarding the number of of
signatures required, it's 15% of those
uh that uh uh voted for voted in the
governor's race at the last general
election. uh here in in Garland County
those numbers uh in Hot Springs were
13,020.
So so the number that must be reached is
1953.
On August 5th, 2026, the city clerk's
office received a petition uh and began
the verification of the signatures on
that uh with the county clerk's office.
Um once the requisite number of
signatures were verified and certified,
our uh pro procedure here in Hot
Springs, Hot Springs Code section 1-2-1
uh 1.5 deals with referendums and
initiatives. Uh and it states that once
those signatures are uh received, an
election shall be called. The election
is called pursuant to Arkansas code
3-3210B
uh which states um that the election
under this subsection on the Sunday sale
question shall be held in accordance
with the procedures established for
onremise consumption. So our our
legislature gave us a statute for
off-remise consumption and told us to
follow the procedure under for the
election that is established under the
onremise consumption which is 3-9-201
at seek. When we look to 3-9-206,
it states that the election shall be
called by order of the quorum court in
accordance with section 7-11-201
at seek, which is a statutory scheme
that uh codify amendment 7 to article 5
section one of the constitution.
So in any event, uh the law says that
when you get the signatures, you call
for the election, but it also says that
the manner uh includes asking the quorum
court to also call the election. I
question whether or not that is
absolutely positively required. However,
uh belt and and suspenders and wanting
to to preserve the right that was
reserved to the people under the
constitution to have their referendum on
this law. uh part of uh the ordinance
that's before you includes a request for
the county to also uh call this
election. So, in looking at the uh the
ordinance itself, um there were 1957
signatures that were certified. Uh those
uh will be going to the uh county clerk
as well as the commission, the election
commission. Um
and we request that u the quorum court
also call such a such an election.
It does not expand as I said only if you
already have a license uh to sell on the
other days of the of the week would you
be able to sell on Sunday.
» Any questions of Brian?
Director Web.
» Thank you, Mayor.
I'm just sitting here thinking of how to
ask these questions. So, um
[clears throat]
I I think you've tried to maybe answer
some of the questions that I have. Um
because the initial thought for me upon
seeing this on our agenda last week was,
you know, um the body of people that
took this action for this particular
initiative to get signatures and file
all the necessary filings had nothing to
do with the city board of directors. So
the question for me is why are we even
seeing this item here before us? And
it looks upon first glance, it looked to
me like having this in front of us looks
like a measure to have us show
favorability for this particular ballot
initiative when in my opinion we should
remain neutral and allow the people to
vote their mind without any input from
the city. Um, would that be right or
wrong is the question. And I guess the
follow-up question to that is if the
signatures that were needed to be
obtained were obtained by the group of
said people for this particular
initiative,
would they not be able to get it on a
ballot without having anything passed by
the board of directors or quorum court?
>> Okay. Um, yeah, I think there's
basically three questions there and I'll
if [clears throat] I miss some of them,
follow up on this. Okay. The reason that
it's coming to you this way is because
this is way the Constitution says it
comes. Article 5, section one of the of
the Arkansas Constitution says if there
is a petition filed with the requisite
number of signatures, you will put it on
the ballot. People don't put it on the
ballot. The the governing bodies put it
on the B. have to call for the election.
Okay, they they they've sought the
election. They've they've reached the
number of signatures. And so our first
statute that we looked at is 33210B,
which says uh that an election on Sunday
sale question shall be held in
accordance with procedures established
on prem for on premises elections.
Okay, that's what we have to send to the
county because 39206
says that they also have to call the
election.
Our our initiative and referendum
section of of our ordinances, our code
that we adopted that or again article 5
section one of the constitution says you
do says that when we receive that that
requisite number of signatures, we call
the election.
Um,
>> we're not endorsing the election.
There's nothing in here whatsoever that
shows any indication of how we want
people to vote or that you're in favor
of it. One iota. This is merely to call
the election so that the people, the
registered voters of the city of Hot
Springs can vote on the measure.
>> Um, having listened to all that, if um
would uh it also have to be passed in
quorum court to be placed on the ballot?
Is there not any way that this
particular measure could make it onto a
ballot without the passing of our board
in a quorum court or one of the other?
>> It has to be. It has to be by this
board. But again, it it's a ministerial
act kind of like we were talking about
with the other petition. When you
receive petitions of referendum pursuant
to the constitution, you act on that.
Otherwise, you're sued for mandamus.
>> Right.
>> Um so this is a ministerial duty for you
to call for the election. I'm not
convinced a thousand% that the quorum
court must also do it, but the other
cities who have followed this statutory
scheme in 2024 also send it to their
quorum courts. Um, so again, as a belt
and suspenders
abundance of caution, I think that that
they should be asked to to also pass uh
a measure to put it on the ballot. So,
it's it's your uh belief that the
petition
did obtain all necessary and that this
was confirmed by city and county clerk,
right? I mean, all the all the ballot
signatures were there. So, it's your
position that uh if the board were not
to act on this by calling an action that
there could be lawsuits against the
city,
>> it's called a mandamus. Well, uh, what
could happen if the board, even though
it's coming to us, said, "No, we don't
want it on the ballot." Would there be
any violation of the constitution in
doing that?
>> It would be it would be a mandamus,
>> like voting no.
>> Yeah. If you if you don't put it on the
ballot, um, the petitioners would have
grounds to sue for mandamus to force you
to to fulfill your ministerial duty. Uh
the packet did show a number of cities
that were successful
uh with this one being Fagatville,
Rogers, looks like Bentonville and
Springdale. Are there any who have
completed this process, put it on the
ballot, and it wasn't successful?
>> Uh
>> to your knowledge?
>> Not to my knowledge.
>> How has any kind of ballot measure like
this ever been uh presented to voters in
Hot Springs before?
>> No. We we had we had the local option uh
just for Sunday sales on on premise. Uh
but the off- premise came along with uh
the act was uh
let's see act 294 of 2009
um open this up to where you could have
off-remise consumption sales for
off-remise consumption.
>> So is it is it then your um belief and I guess testimony. We're using legal
terms that this isn't an ordinance on
our agenda to alleviate this group from
having to do further work to get it on
the ballot, like cutting some red tape,
per se. Are we alleviating that group
from do from any additional work to get
it placed on the ballot? You know,
providing a uh an expedited process for
the group. Are we doing any favors to
this group or are we just following the
constitution?
>> We're just following Yeah. First of all,
I never testify before you
ever.
Um,
we we are doing our best to follow the
Constitution that requires us when we
receive the requisite numbers of a
petition for referendum or initiative
that we call an election.
>> So, we're not doing we're not providing
any favors for this group.
>> Absolutely.
>> Is that what you're saying?
>> This isn't out of the norm, per se?
>> No, sir. In your opinion? Okay.
>> No, sir. there uh over the you know uh
the the last 27 years there have been
petitions that have that that have come
to the city clerk's office and I think
in every instance whether it was Lance Hudnull uh whether
you know they have attempted to do
everything that they could to assist
them in the procedure but there's no
favoritism here.
>> Okay. Thank you.
Director Garcia.
>> Thank you, Mayor. I interpreted this
that uh we were just doing what was
constitutionally correct. We're not uh
in favor or not in favor. We're just
putting
what we're supposed to do to pass this
to be on the ballot. But the county
clerks already done the verification
that the signatures, they've met
everything. In the same vein that the uh
state attorney general puts things on
the ballot statewide, they're not
endorsing anything, they're doing their
uh what they're supposed to do to verify
and get on stat statewide ballots. I
don't see us doing anything different.
Each member of the board will vote how
uh their conscience wants them to vote.
And we're not doing anything out of
ordinary uh for business in that this
was a citywide
um petition for it's just applying to
the city limits in its current form to
be voted on by the city residents.
However, I'm not opposed for it going to
the quorum court, but the county won't
be voting on this, just city. Is that
correct?
>> It will be city-wide election, not a
countywide election. Um I I think that
the the perhaps the reason uh that the 33210
uh ended up sending us to the 39206 [clears throat]
is because the election commission is an
arm of the county
>> and they're the ones that put uh
everything on the ballot and they need
the they have to have this to put it on
the ballot. Our vote.
>> That's right.
>> Okay. And so your your vote to put it on
the ballot is certainly not a vote in
favor of the measure.
>> Yeah. It's not for or against. It's just
to follow the constitution.
>> And you know, if if you're against the
measure, then you vote no at the polls.
» All right.
>> Or if you're for it, you vote for it. If
you're not, you vote against it.
>> Right.
>> But it's city residents that will vote.
>> That is correct.
>> Director Web.
>> Thank you, Mayor. um based upon the
outcome um let's say it is you know on
the ballot um um if the measure fails
there's there isn't any action uh and
this is through the vote of the people
at the ballot if the measure fails there
isn't any action the city does if the
measure passes will this be something
that comes back to the board to uh amend
codes
>> yes thank thank you for bringing that up
and I I mentioned that in in passing I
think at the end of uh uh the uh the
VARF u if the voters approve the ballot
measure, the board would need to amend
the city code sections pertaining to
Sunday sale of alcohol for off- premise
consumption. And of course, the reason
for that is because it's prohibited now,
>> right?
>> Um so you would you would have to amend
your codes in order to deal with that.
>> Okay?
>> In order in order to give u give me to
what the people have have enacted,
>> right? So to clarify, this is a vote
just to place it on the ballot to be
given a choice to the people, not so
much to vote in favor or against it.
>> That's right. It is it is purely
ministerial.
>> Right. Thank you.
>> We have one individual who signed up to
speak on this, Mr. Tyler Draper. Please
come forward. Restate your name,
address, and district, please.
» Good afternoon, y'all. My name is Tyler
Draper, uh, district 5 chairperson for
the, uh, keep our dollars in hot
springs. So, uh, to clarify, we're a
ballot question committee. We're
registered through the ethics
commission. We've reported all of our,
uh, donations. We've taken about $35,000
from Walmart and had, you know, support
from uh, many places across Hot Springs.
We already have al Sunday alcohol sales
in the city. you just have to go drive,
drink there, and then try to get back
home. This puts it on the ballot and
will allow the people to vote for or
against having the freedom to buy at a
store and take it to your house. This is
not anything. Nobody gave me any favors.
I've done background checks. I've sworn
affidavits, followed all the new laws
from the Secretary of State, turned in
everything. uh no favors. Uh we've had
stores that support it, stores that
oppose it, and uh that's fine with us.
Let's put it to the people, and uh
they'll decide if we can get it there.
So, uh to be on the general election, we
had the choice. We could have done this
and put it on the primary election when
the issue for y'all being paid was on
there, but we decided, hey, we're going
to put it on the general election to
make sure we have, you know, the correct
turnout and everybody gets their chance.
So, uh, we followed, in my opinion, we
followed all the laws. We've done
everything right ethically. And uh I
don't see uh any any favors and I would
just like for the city and the county to
put on the ballot. We could have had
this countywide, but the amount of
signatures and the amount of time we
decided, hey, let's just try it in the
city first and if we're successful,
maybe it could go to the county in
another attempt next time. If we fail,
oh well, so be it. zone. Uh we just want
the people to decide for uh we're a
tourism town. People come here from
Texas and Tennessee all the time and get
blindsided at the store on Sundays
because their states already do this. So
that was that's our plan is to make us
competitive with other uh states around
us and give people, you know, more
freedom and less hassle. Thank y'all.
>> Any questions to Mr. Draper?
>> Thank you.
discussion amongst directors,
director, trustee.
>> Thank you, Mayor
Brian. Being a former banker, I'm all
about belts and suspenders. I get the I
get the principle there. But on 97, page
97 of our packet, it talks about the end
of that uh paragraph A, it says or.
>> Yeah. And so it really is just
doing what the other folks have done and
having the quorum court call the
election also.
>> Yeah. So um [clears throat] I apologize
for this in in some our barf goes into a system called I compass.
>> Okay.
>> And so sometimes the ores and the the page breaks and the so forth don't
always jive up. Okay. Um, so the or
under paragraph, see that's supposed to
be a one and then or there was a two. B
doesn't go with A. B stands by on its
own.
>> Okay.
>> So, it would have been clearer had I
just left A out.
>> Gotcha.
>> Um because that's where we are.
>> All right. I don't have any problem
asking court to place it on the ballot.
Thank you,
>> Director Web.
>> Thank you, Mayor. Um, Brian, does this
cost city any to put it on the ballot?
Isn't there some cost involved to put a
measure on the ballot to be voted on?
There would be.
>> And if it's a cost, where does that come
from?
>> General fund.
>> Okay. Would it not be upon the
responsibility of the party who's
bringing the referendum to us to pay for
the cause to put it on the ballot?
>> It is not.
>> Is it not at ever any time to do that?
What what is the cost in approximate
value?
>> Um we had an estimate the last election
um
>> about $1,800. Is that what you said the
last time?
>> It depends on what else is on the
ballot. The um the Garland County
Election Commission will take everything
that is on the ballot and divide that up
between the school district, the city,
the whatever's on the ballot.
>> And and and so in a general election, it
should be less than it would be in a
special
>> special.
Okay. Would it I mean would it be
$160,000?
>> Okay.
>> Usually three four.
>> Yeah.
» No other questions. Please call the
role.
>> Director Garcia.
>> I.
>> Trusty.
>> I.
>> Beard.
>> I.
>> Do Smith.
>> I.
>> Webb.
>> I.
>> Mayor McCabe.
>> I. The ordinance is adopted and the item
will be put forward to the voters.
Um that concludes the action items that
we will act on today. There we're under
board uh items for discussion.
Board members have any items they'd like
to discuss?
Hearing none. We do have a uh public
comment session after for a couple
reports, but uh Director Garcia.
>> Thank you, Mayor. I move to adjourn.
Second
>> director web seconded. All in favor
signify by saying I. I.
>> I post same sign.