[4:01] We'll go ahead and begin. I welcome each [4:03] and every one of you to this afternoon's [4:05] meeting or early evening meeting, the [4:07] 16th meeting of the year uh for 2026 of [4:10] the city board of directors. We'll begin [4:12] with invocation by Father Mark Neighbors [4:14] with St. Luke's Episcopal Church. And [4:16] I'll lead the pledge. All rise. [4:21] Let us pray. [4:27] Almighty God, our heavenly father, send [4:28] down upon those who hold office in this [4:31] community the spirit of wisdom, charity, [4:34] and justice that with steadfast purpose [4:37] they may faithfully serve in their [4:39] offices to promote the well-being of all [4:42] people through Jesus Christ our Lord. [4:45] Amen. [4:46] >> Amen. Please join me in the pledge. I [4:50] >> aliance to the flag of the United States [4:52] of America and to the republic for which [4:55] it stands. One nation under God, [4:59] indivisible, with liberty and justice [5:01] for all. [5:08] » We'll now call this meeting to order. [5:10] Please call the role. Director Aaron [5:12] Holidayiday, [5:15] » Director Phyllis Beard, [5:17] >> present. [5:17] >> Director Marcia Dob Smith, [5:19] >> present. [5:20] >> Director Dudley Webb, [5:22] >> here. [5:22] >> Director Karen Garcia, [5:24] >> here. [5:24] >> Director Steve Trusty [5:26] >> here. [5:26] >> Mayor Pat McCabe [5:27] >> here. At this time, we'll consider [5:29] approval of the agenda. Are there any [5:31] additions, deletions to the agenda or [5:33] items on the consent agenda to be moved [5:35] to new business? [5:37] >> Director Webb. [5:38] >> Yeah, thank you, Mayor. Um [5:40] B, I want to give you a question before [5:44] making any type of potential motion. Um [5:47] item four, R-26-139. [5:50] This is the [5:52] um resolution to consider setting the [5:55] time and date of a public hearing on the [5:57] multi-purpose improvement district. [5:59] >> Yes, sir. if is there are some residents [6:03] in my district who have questions on [6:05] this and I know the purpose of it being [6:08] on our agenda this evening is to [6:12] consider setting a time for a hearing [6:15] but would there be anyone here available [6:18] including yourself to answer a few of [6:20] the questions that I have before the [6:21] hearing so that I can uh be better [6:24] prepared to provide details to those [6:26] with questions [6:29] >> okay that's the case, then would a a [6:32] move to new business be appropriate for [6:35] this evening? [6:36] >> Um, you're you're at liberty to move it [6:38] to new business if you'd like, but [6:39] there's no action to be taken tonight [6:41] other than setting the date and time, [6:42] which is required by the statute, [6:45] >> right? Uh, I want to make that motion to [6:48] move it to new business. [6:52] » Well, we we could just we don't have to [6:54] have a motion. We just move it, can't [6:55] we? [6:55] >> You'd like, mayor, [6:56] >> we'll just move it to the first item on [6:58] new business. Thank you. [7:02] » Okay. So, we have a item moved to uh to from a [7:09] consent agenda to new business. That was [7:11] resolution R-26-139. [7:15] So, motion to approve the agenda as [7:18] modified. Director Garcia. [7:20] >> So, move to approve as amended. [7:23] >> Thank you. Seconded by [7:25] >> second. [7:25] by Director Do Smith. All in [7:28] favor signify by saying I. [7:30] >> I. [7:30] oppose. Same sign. Agenda is adopted. [7:35] This time we'll consider approval of the [7:37] minutes of the regularly held meeting on [7:39] August 4th, 2026. Are there additions, [7:42] deletions, or corrections to the minutes [7:43] as presented? [7:46] >> Hearing none, I'll entertain a motion to [7:48] approve. [7:48] >> So move. [7:50] >> Got a motion by Director Web, seconded [7:51] by second. [7:52] >> Director Do Smith. All in favor signify [7:54] by saying I. I. [7:56] >> Post same sign. [7:58] Minutes are adopted. [8:00] Our recognition of guests, we have Mr. [8:02] Cole McKascal, interim president and CEO [8:04] of Greater Hot Springs Chamber of [8:05] Commerce and Metro Partnership. Uh Cole [8:07] will deliver the economic development [8:09] report. Welcome. [8:12] >> Thank you very much, mayor, directors. [8:13] Good to see you. Um real quick, I wanted [8:16] to make a a special presentation. [8:20] As [clears throat] you know, um the [8:21] Metro Partnership has investors in our [8:24] organization. Um, and every now and then [8:27] we like to give a little something back [8:28] to show our appreciation. And so this [8:31] summer we've been going around and and [8:33] giving uh a little something to that [8:36] people can display at their place of [8:37] business. Uh, and the city of Hot [8:40] Springs is our largest investor and [8:42] qualifies for our largest uh investor [8:44] level. And last week I came over and [8:46] presented this to the mayor and the city [8:48] manager uh and and they thought it'd be [8:50] nice if everyone saw that. So, we are [8:53] deeply appreciative of your investment [8:55] in economic development for our for our [8:57] area. Thank you very much. [8:59] >> Thank you. [8:59] >> I'm going to leave this in Lance's poss [9:02] possession. [9:11] » So, it's uh it's only been three weeks [9:13] since my last report here, but I do have [9:15] a few updates for you. Um, as you know, [9:17] we've been updating you on uh new [9:19] business leads coming from the state [9:21] economic development agency. Uh, I'm [9:23] proud to say we are now up to five new [9:25] manufacturing leads uh totaling a [9:28] potential new job creation numbers [9:30] around 925 new jobs, $450 million in [9:34] investment. Of course, these are very [9:36] competitive projects that are looking at [9:38] most communities in Arkansas and [9:40] probably other communities in the [9:41] greater region. But we are in the game [9:43] and competing for those, putting our [9:45] best foot forward the best we can. Um, [9:48] since we last met, uh, we did open a new [9:50] expansion project with a local [9:52] manufacturer that's that's needing to [9:54] create over 50 new high-paying jobs in [9:56] our community. U, they just need some [9:58] help working through some logistics and [10:00] some real estate issues, uh, which we [10:02] are helping them with. That brings us up [10:03] to a total of 15 open job creation [10:06] projects, uh, that we're working right [10:08] now. Uh next week we're hosting a site [10:11] visit from an out ofstate economic uh [10:14] development prospect. This will be their [10:16] third visit um to Hot Springs. So things [10:18] are getting pretty serious. Uh the city [10:21] manager has been involved in some of [10:22] those discussions. Um July 31st was a [10:27] deadline to to nominate new opportunity [10:29] zones. So the federal government [10:31] reauthorized opportunity zone program [10:33] for opportunity zone 2.0 is what they're [10:35] calling it for the next 10 years. and [10:37] states had um are able to nominate new [10:40] opportunity zones in their areas. Uh and [10:43] so when this news came out, uh the city [10:45] and the county and the metro [10:46] partnership, the planning development [10:48] district, Visit Hot Springs, we all got [10:49] together to discuss um strategy here and I'm proud to say we put our best [10:54] foot forward in trying to get as many [10:56] opportunity zones in Hot Springs as we [10:58] possibly can. Um the governor has the [11:00] ultimate decision on where to nominate [11:03] opportunity zones. Um and we've got a [11:05] real great advocacy effort um going [11:07] right now. The deadline to officially [11:09] nominate to the governor was July 31st. [11:12] We got some real strong nominations in [11:14] and we should hear more from the [11:15] governor's office um within the next few [11:18] months. Um we hosted the Windows USA [11:21] ribbon cutting at their new facility. [11:23] That has been uh much discussion of this [11:24] group. Uh and so wonderful uh that we [11:27] could host that. Just a great story for [11:29] Hot Springs. Um, in business retention [11:32] and expansion, I'm proud to say it's [11:33] been a major focus for our organization [11:35] this summer, especially with Gary [11:37] Jackson, since workforce development is [11:39] slower when the schools are out. Um, we [11:41] are now up to 74 business retention and [11:44] expansion visits year to date. Um, and [11:46] so that concludes my report. Happy to [11:48] answer any questions. [11:50] >> Any questions of call? Director Garcia. [11:53] >> Thank you, Mayor. in the uh five leads [11:56] of manufacturing, [11:58] how important is the uh water supply to [12:03] what they're looking at? [12:04] >> I would say three of the five uh real [12:07] high water capacity was very very [12:09] important and of course with all of them [12:11] having access to water is extremely [12:13] important. [12:15] >> Thank you. [12:15] >> Yes, ma'am. [12:16] >> Director Trustee. Thank you, Mayor Cole. [12:19] Um the opportunity zones that we have [12:21] now, do they expire at the end of the [12:23] year? [12:23] >> They certainly do. So there's no [12:25] guarantee that those even those will be [12:28] renewed. [12:28] >> That is correct. [12:29] >> We nominated or submitted [12:33] how many did we submit? [12:35] >> We had three for the last 10 years. Uh [12:38] and we submitted four this time. [12:41] >> Great. Thank you. [12:42] >> Yes, sir. [12:43] >> Director Web. [12:44] >> Thank you, Mayor Cole. Out of the four [12:46] that were resubmitted, are are three of [12:49] those, excuse me, out of the four that [12:50] were submitted, are three of those to [12:52] continue the three that are currently in [12:53] place or they new? [12:54] >> Um, they're a little bit different area. [12:56] Okay. [12:58] >> Thank you. [13:00] Any further questions of Cole? [13:04] Hearing none. Thank you. [13:06] >> Thank you. [13:07] >> This time we'll hear from our city [13:09] manager, Mr. Bill Burrow. [13:10] >> Uh, thank you, mayor, members of the [13:12] board. Uh, want to start off welcoming [13:14] several new employees to the city of Hot [13:16] Springs. Daniel Malsh in our planning [13:18] and development as a permit clerk. [13:20] Marcus Reed is a 911 operator in our [13:23] police department. Lucas Roads, a [13:26] records clerk in our police department. [13:28] Steven Barber coming in with solid waste [13:31] as a commercial helper driver. Uh, [13:33] several utilities employees, Howard [13:35] Carter and water distribution. Mark [13:38] Richard, Zachary Wood, and sewer list [13:40] station technicians Hagen Tyler and our [13:43] utility billing AMI tech. We also had [13:46] several promotions uh since our last [13:48] meeting. Alexander Lee promoted to Hot [13:51] Springs Police Department officer first [13:53] class. Uh Aaron Combmes was promoted to [13:56] corporal. Matthew Cham was uh promoted [13:59] to sergeant. And Eddie Fleming over in [14:02] animal services was promoted to animal [14:04] services supervisor. [14:06] Eric Vice as our senior tractor trailer [14:09] driver in solid waste. A couple others [14:11] in uh Lance Graves uh moving into a [14:15] supervisory role in our weld shop. A lot [14:17] of steel in in that particular [14:19] department. So that's a a really big uh [14:21] task, but congratulate Lance on being [14:24] able to move into that role. Joshua [14:27] House promoted to street division crew [14:29] leader and then Tyler Gwyn was uh [14:32] promoted to a truck driver in the street [14:34] division. Also want to recognize uh [14:37] Sergeant Chris Atkins and the Hot [14:39] Springs Police Department. August 31st [14:41] will be his last day with us with 28 [14:44] years of service serving the uh [14:47] citizens, residents, visitors of the [14:49] city of Hot Springs. Just a a really [14:52] great great guy, great officer, going to [14:55] be sorely missed. Uh 28 years of uh [14:58] strong dedication. So we we wish uh [15:01] Sergeant Atkins well in his uh in his [15:03] future endeavors. [15:06] Water's been a big topic with the heat [15:08] that we've been under for the last [15:09] couple of weeks. Uh I don't know if [15:11] you've seen in the news, we've got [15:13] several cities throughout Arkansas that [15:15] are either in strict conservation, [15:18] uh volunteer conservation, [15:21] uh watering. If your address is an even [15:24] number, you water on an even day. If [15:26] it's odd, you water on an odd day. And [15:28] then there's others that just got a [15:29] complete moratorum on on lawn watering [15:32] or vehicle washes, any of that. Um, I [15:36] can tell you that as of July 31st, had [15:40] we not had this new plant, we would have [15:42] been back where we were in 2012 where we [15:45] would see tanks falling quicker than we [15:47] can fill them up. Um, we have no uh [15:50] volunteer or mandatory conservation. [15:53] We're in very good shape with both of [15:56] these plants and supplying water. But [15:59] had we not had it, you know, and we [16:01] [clears throat] said this several times [16:02] moving through that, the only thing [16:04] different today than 2012 is we have a [16:07] lot more users on the system and better [16:09] weather and you just can't depend on [16:11] weather on whether you can provide water [16:13] um on a peak day to your to your [16:15] customers, to your residents. So, want [16:17] to point that out. Um that goes back to this board and your prior board just [16:22] having the wherewithal to uh to build [16:25] this new plant and it is paying off. We [16:27] see it today and we'll see it for years [16:29] to come. [16:31] We've had the cooling shelter open at [16:33] the community resource center. Um this [16:35] past weekend they had several uh that [16:38] were partaking in that. it. Of course, [16:40] it's open from 8:00 to 5:00 Monday [16:42] through Friday, but on these hot [16:44] weekends, if it's going to be over a [16:45] hundred, we're going to have it open on [16:47] the weekends as well. I know Saturday, [16:50] this past Saturday, they had 47 check in [16:53] for for the cooling shelter. Um, had [16:56] another 16 join right around lunch. So, [16:58] had 63 there for Saturday. Uh, they're [17:01] able to to take a shower, wash closed, [17:04] have lunch. uh coming back on August the [17:07] 16th. They had another 48 uh that were [17:10] there and and were able to take part in [17:12] the hygiene facilities there at the [17:13] community resource center as well. Um it [17:16] will be open this coming weekend, August [17:19] 22nd and 23rd, uh from 10:00 a.m. to 400 [17:22] p.m. They usually kind of migrate from [17:25] there uh over to the Salvation Army um [17:27] during the weekends for dinner there at [17:29] 4. Uh so real real happy with the work [17:33] that Chris and and everybody at the [17:35] community resource center is doing. I [17:37] get com I don't have a week go by that I [17:39] don't get a comment about that facility. [17:41] So still doing great work there. [17:45] Uh baseball camp or basketball camp. Hot [17:48] Springs Park and Recck Department is [17:49] partnering with the Memphis Grizzlies [17:51] and National Park College to host a free [17:55] junior grizzly basketball clinic for [17:57] kids ages 6 to 14. That's going to be [18:00] Sunday, September 6 from 10 to 11. And [18:02] it's going to be out at National Park in [18:05] uh what do they call that out there? The [18:06] kettle. [18:07] >> The kettle. [18:07] So, if you're interested uh [18:11] you can get in contact with uh with the [18:14] college and get your uh son, daughter, [18:19] grandchild signed up for for a free [18:21] basketball camp. Kicking the stigma is [18:24] something coming out of the police [18:25] department. uh come out and support the [18:27] Hot Springs PD and various teams as they [18:29] go head-to-head in the sixth annual [18:31] Kicking the Stigma kickball tournament. [18:34] It's law enfor law enforcement and first [18:37] responders versus recovery uh on [18:39] Saturday, August the 29th. Games start [18:41] at 9:00 at Majestic Park at 105 West [18:44] Building. Uh Chief, hopefully you guys [18:46] are going to bring in a win there. [18:49] >> Bringing in a lot of water, sir. [18:51] [laughter] [18:53] >> Uh we do have a burn ban in effect. Um, [18:55] this ban is based on the potential fire [18:57] hazard associated with just low fuel [19:00] moisture levels, dry conditions, and [19:02] little to no precipitation. Uh, it [19:05] prohibits all controlled burning within [19:06] the city limits. All burn permits issued [19:09] prior to the burn ban have been [19:11] rescended. They can be reissued and [19:13] extended when the ban lifts. Uh, the [19:15] burn ban will be in effect as long as [19:17] these conditions are present. Uh we will [19:20] put information out if the chief uh [19:22] calls for a discontinuation of the burn [19:25] ban, but we're going to have to have [19:26] quite a bit of quite a bit of rain to [19:28] get to that point. [19:30] >> Speaking of the fire department, we've [19:32] uh added two new apparatus to the fleet. [19:36] U very happy to report that we have [19:39] received our new ladder truck. It's been [19:41] delivered currently housed at the [19:43] central station on Broadway. Um I'm not [19:45] sure if it'll stay there, if it'll make [19:47] its way out to station six. Uh but that [19:50] is a $2.3 million apparatus [19:55] and those don't come around just every [19:57] day. Um as you know, we had several of [19:59] these on our unfunded uh capital [20:01] projects list and glad to see a couple [20:04] of these coming in. Uh in addition to [20:06] this, we've got a new pumper truck for [20:08] our Park Avenue station. Pumper trucks [20:10] about 800,000. So, uh, glad we've [20:13] received those two pieces of equipment. [20:14] Our fleet director, Grace Bees, is in [20:16] the audience tonight. I know that, uh, [20:18] you've had to check those out pretty [20:19] well and get them out there in service. [20:21] So, appreciate your work as well. Uh, [20:23] Hot Springs Parks and Recck in the early [20:25] stages of creating a little over,300 [20:29] square foot outdoor batting cage [20:31] facility at Kimry Park. Uh, we've heard [20:33] that for for several years that they [20:35] wish they had a batting cage there. So, [20:38] it's a live arm full four full four [20:40] multi-lane amenity. Will be a first [20:42] come, first- serve basis, but it'll [20:44] provide a safe net enclosed space for [20:46] individuals and teams of all ages to [20:48] practice hitting. So, glad to get that [20:50] up. Hopefully before now and the end of [20:52] the year, we'll have that built in and [20:54] in play. With that, mayor, I'll be glad [20:56] to answer any questions. [20:57] >> Very good. Any questions of our city [20:59] manager? [21:01] hearing. Now, we'll move on to [21:04] [clears throat] [21:04] board of directors announcements of [21:06] upcoming events. Director Garcia. [21:09] >> Thank you, Mayor. I would like to uh [21:11] announced that uh food for thought, [21:14] their monthly uh food and resource [21:17] distribution will be scheduled uh the [21:21] this Saturday, the 22nd, from 10:00 a.m. [21:25] to 12:00 p.m. at 3:24 [21:28] Malvin Avenue. This is hosted by the [21:32] giving team to help individuals and [21:35] families in need throughout the hot [21:38] springs community. They hold this every [21:41] fourth Friday at 324 Malvin. And the [21:45] event provides free food, [21:49] clothing, personal care items, and [21:52] social services resources and [21:55] connections [21:57] to additional resources. [22:00] And uh this is critical for our [22:02] community. Many in our community are uh [22:07] experiencing [22:09] u great needs. Yesterday I u volunteered [22:13] at the community resource center and I [22:16] witnessed uh donations. Uh the Elks [22:20] Lodge came in with donations of toilet [22:22] paper, water, Gatorade, single uh uh [22:28] items of snacks and fruit. And uh we [22:35] prepared and served 155 meals yesterday. [22:39] And a lot of these are veterans. There [22:42] were families with children. It's a big [22:45] need in our community. And I'm so [22:48] thankful we have the community resource [22:51] center because it's providing a big [22:55] need in our community and the food for [22:59] thought Saturday with a resource of food [23:03] and distribution also is part of our [23:08] overall [23:10] community appreciation to help all in [23:14] our community. [23:16] Thank you. [23:16] >> Very good. Director Web. [23:18] >> Thank you, Mayor. Um, same day this [23:21] Saturday for those that attend Food for [23:24] Thought, even if you don't, uh, [23:28] that later that afternoon at 4:00 p.m. [23:30] to 7:00 p.m., you should stop by the [23:33] 12th annual Hot Springs Community [23:36] Resource Fair. Uh, this is held at the [23:40] historic farmers market, which is [23:43] located at 121 Orange Street. And the [23:46] 12th annual Hot Springs Community [23:48] Resource Fair this year will be held in [23:49] conjunction with the Beerbra Coleman [23:53] back to school bash and Samaritan's Feet [23:56] Ministry shoe giveaway providing an [23:59] afternoon filled with free community [24:01] resources, school supplies, shoes, [24:03] refreshments, and familyfriendly [24:05] activities. So, there's two great events [24:09] to do this weekend. one that morning, [24:11] the food for thought 10 to 12 and then [24:14] one in the afternoon 4 to 7, both taking [24:17] place this Saturday right here in Hot [24:19] Springs, Arkansas. [clears throat] Thank [24:21] you, Mayor. [24:22] >> Director Trusty. [24:23] >> Thank you, Mayor. Uh just a reminder [24:25] about the Hot Springs Chamber bingo [24:27] night. That'll be next Thursday, the [24:29] 27th, at 6 PM at the Convention Center, [24:33] uh just across the street from here. Uh [24:36] Thursday, August 27th at the convention [24:38] center, hall D and E for an evening of [24:41] cash prizes, fun and friendly [24:42] competition. Doors open at 5:00. The [24:45] games begin at 6. Tickets are $25 in [24:49] advance. That includes all 20 games, or [24:52] if you wait and buy a ticket at the [24:54] door, if any are available, that will be [24:55] $30 at the door. Every game pays a cash [24:59] prize. The final game is worth $1,000. [25:02] You'll also have the chance to win even [25:04] more by entering the 5050 cash raffle. [25:08] Says, "Please bring cash for bingo cards [25:10] and raffle tickets, but credit cards [25:12] will be accepted for concessions and [25:15] refreshments only. You can contact the [25:18] chamber to reserve your tickets at [25:20] 321700 [25:22] and that's a week from Thursday night at [25:24] six o'clock." [25:26] >> Very good. Any other uh director Bob [25:29] Smith? [25:29] >> Yes. Well, this one combines fun and um [25:33] for a cause. Join the friends of the [25:35] national park in the celebration of [25:37] Bakas, the Roman god of wine and the [25:40] arts by raising your glass to help raise [25:42] the glass for the Maurice. If you know [25:44] the the last bath house that hasn't been [25:47] restored is the Maurice. It had a [25:48] beautiful roytoft um stained glass [25:53] windows that would are up in the top and [25:55] they've been lost, broken, damaged [25:57] [clears throat] and and this is to uh [26:00] help restore those. You can um the [26:02] evening includes curated wines, upscale [26:05] bites. It has uh food from the secret [26:08] handshake, JNS hospitality, 501 prime, [26:12] and the vault. So, it's some upscale [26:14] food and you get to vote for the [26:16] celebrity that wears the best toa and [26:18] there is a sexy leg contest that's going [26:21] to be there with with local celebrities [26:23] to be unnamed. I don't know if I know [26:25] any of those. Uh that's going to be this [26:27] Thursday, the 20th um at the 315 Park [26:32] Avenue. The tickets are $75 and you can [26:35] uh reach out to Roxan Butterfield at [26:37] give.com [26:39] for those tickets. Sounds like a fun [26:40] time and it's only two days away. Wow. [26:44] >> Evenings. [26:44] >> Any other uh comments? [26:48] I want to follow up a little bit on [26:50] Director Garcia's comments about the [26:52] community resource center and the meals [26:54] that they they produce. Rotary Club, Hot [26:57] Springs National Park Rotary Club uh had [27:00] a meeting there about a month ago and we [27:02] ate alongside all those others that were [27:05] there for for food. And uh I had an [27:09] occasion to talk with Chris the other [27:11] day. who's here today in the audience [27:14] and asked him how much he's spending on [27:16] food. He says, "Pat, everybody's been [27:18] donating food." He says, "We don't we [27:20] spend very little on food and they reach [27:23] out and you'll see uh Sally Carter or [27:25] others reach out on Facebook what what [27:28] their needs are." And there's really the [27:31] reason I'm saying this is there's no no [27:34] contribution is is too small. uh our [27:38] place at my wife and I's place of [27:39] business, Hotel Hail, we changed our [27:41] hamburger buns. So, we had a few [27:43] hamburger buns left over, just shy of [27:45] four dozen. So, I brought them by last [27:48] Thursday, last Wednesday before I went [27:51] to Rotary. And and the staff there is [27:54] really most appreciative of of all those [27:56] type of gifts. So, to the degree that took care of 40 burgers, you know, [28:02] that week or the next week. And so if [28:05] you do have a extra coin and you're [28:08] going to your Sam's or Walmart or [28:10] Kroger's, if you just buy, if there's a [28:13] bargain bid bay basket, grab something [28:16] and bring it by. It's easy in and out is [28:19] about the easiest in and out that you [28:21] can probably hope for. So [snorts] [28:23] continue to support the community [28:25] resource center. And thank you. There's [28:28] no other items of uh Oh, wait. We got [28:31] upcoming events here. We got uh going [28:35] out a couple months. Uh election day is [28:37] Tuesday, November 3rd. We meet on the [28:40] first Tuesday of every month. So, we [28:42] probably don't want to necessarily meet [28:44] on that day. Uh move it up to uh Monday [28:48] the the 2nd possibly or as Bill and I [28:52] have talked, you know, if we don't have [28:54] much on the business-wise, we could [28:57] forego it, but we just want to [29:00] contentively have it for Monday. the [29:02] first or excuse me, Monday the 2nd or or [29:06] really try to forego it. Any thoughts? [29:09] >> Forgo. [29:10] >> Pardon? [29:11] >> Forgo. [29:14] it. Okay. Well, if we have to have [29:18] a a special call meeting or so, we can [29:21] do that. If we can find a date, certain, [29:23] but we could do it the next week if we [29:26] needed to at the agenda meeting. [29:29] Okay. Is that okay, Bill? [29:31] >> Yeah. [29:31] >> All right. We'll get it out to staff [29:33] that uh if they've got anything, we'll [29:35] try to get it on the meeting before or [29:36] the meeting after and keep that one keep [29:39] anything off that particular day. [29:40] >> Yeah, we get a little jumpy because [29:42] there's only so many we've only got four [29:45] meetings left the year and we're giving [29:46] one away. [clears throat] So, uh we got we may end up having to have a [29:50] special meeting. Okay. Uh moving on to [29:54] the consent agenda. These are of a [29:56] routine nature. They do not merit [29:58] individual discussion. So I entertain a [29:59] motion, a second to approve the agenda, [30:02] >> the consent agenda as represented [30:04] director Garcia, seconded by director [30:06] trustee. All in favor signify by saying [30:08] I. [30:08] >> I. [30:08] Post same sign. Consent agenda is [30:11] adopted. Now we had one item that was on [30:14] the consent agenda. We move to the first [30:15] item on new business and that's uh was [30:18] item 4 R-26-139. [30:21] I entertain a motion a second [30:23] >> to uh I think I'm sorry. You got to read [30:26] this. Will you please read? Yeah. So, [30:28] this is resolution R-26-139, [30:31] a resolution setting the time and date [30:32] of a public hearing on the petition to [30:34] establish a hot springs municipal [30:36] property owners multi-purpose [30:38] improvement district number 26-75 of [30:41] Garland County, Arkansas, Cali Ridge, [30:42] estate subdivision. We'll need a motion [30:44] and second to adopt and then we can have [30:47] the discussion. [30:47] >> Motion to adopt. So, move [30:49] >> second. [30:50] >> Director Trustee seconded by Director [30:53] Web. And I guess you can provide the [30:55] staff report. [30:56] >> Yes, mayor. I'll I'll I'll set the table [30:58] for this. You may end up having more [31:00] questions from Mr. Perry Young who's [31:01] here as well. Arkansas code annotated [31:04] section 14-94-101 [31:06] at seek establishes the uh procedure by [31:09] which an improvement district may be [31:11] formed. Uh this particular improvement [31:13] district is coming to you by virtue of a [31:16] petition that was filed uh and signed by [31:19] all of the uh uh you you have to have [31:21] unanimous property owner uh [31:23] participation in this. This particular [31:25] parcel is owned by by one individual [31:28] owner, an LLC. Uh so that is the [31:31] signature that appears on the petition. [31:33] That petition uh was received by the [31:35] city clerk on July 28th of 2026. [31:39] Uh pursuant to Arkansas code annotated [31:41] section 19-94-106. [31:44] Upon the filing of that petition, a date [31:47] and time of not more than 60 days, not [31:49] less than 30 days shall be set for a [31:52] hearing before the governing body to [31:54] hear all of the parties desiring to be [31:55] heard uh and for the consideration of [31:57] the petition. Uh should this uh [32:00] resolution be adopted, uh then there [32:02] would be a a public hearing uh scheduled [32:05] September 1st at your regular board of [32:08] directors meeting uh at 6:00 pm. Uh this [32:11] will be on the petition that's been [32:13] filed for the improvement district. Um [32:15] the petition includes the description of [32:18] the property. Uh it's approximately 25 [32:20] acres. There's a meets and bounds [32:22] description that's attached to the [32:23] property and for the purposes uh to be [32:26] used uh constructing waterwork, sewers, [32:28] and other utilities within the described [32:30] lands as well as for the grading, [32:32] draining, paving, curving, and laying of [32:34] streets and sidewalks together with [32:36] facilities related to any of the [32:38] foregoing. Um so that's that's [32:43] the background of this. Um this is a [32:47] statutory scheme that uh provides a [32:50] ministerial duty for the board to to set [32:52] a hearing. [32:54] >> And you said that hearing was going to [32:56] be set on September 1st [32:58] >> at 6 at 6 p.m. Yes, sir. [33:00] >> Was there was there a [33:03] an action item under after the hearing [33:06] for that evening? [33:07] >> There would be. Yes. So you would have a [33:09] public hearing and then the action item [33:11] on on on the creation of it after you [33:13] have heard from from the parties who [33:15] have an interest in in it. [33:17] >> Okay. So but we're required to establish [33:20] a a date and time for a hearing. [33:22] >> You are sir. [33:23] >> Okay. [33:26] Director Web. [33:27] >> Yeah. Thank you, Mayor. Um I appreciate [33:30] all the clarification be um you know [33:33] this is for the most part a procedural [33:35] matter tonight that uh we have to enact [33:38] on by law right to set set a hearing. Uh [33:41] but before we do um I asked previously [33:44] if any representative uh on behalf of [33:48] this group is here today and it is [33:50] conveyed to me that there is somebody [33:52] here. So, uh, if we don't have any more [33:55] questions amongst ourselves for you, um, [33:58] can now be a good time that we call that [33:59] person up. Mayor, [34:01] >> again, there's no action items, so [34:03] anything we hear tonight will probably [34:05] hear in two weeks. [34:07] >> Okay. [34:08] >> Mr. Young, if you would come forward, [34:10] this this is Perry Young, uh, attorney [34:12] at law representing the, uh, the [34:13] petitioner. [34:15] >> Good evening. [34:16] >> Welcome. [34:17] >> Thank you for having me. [34:18] >> Yeah. Uh, Mr. Young, I appreciate you [34:21] being here. My name's uh Dudley Webb [34:24] III, city director for district 4. And I [34:27] just, you know, there's some residents [34:28] in my district, which is where Cali [34:31] Ridge is located in district 4, who have [34:34] some questions over the potential [34:38] creation of this particular district. [34:40] and I'm glad you're here tonight to [34:42] where I can give you some of those [34:43] questions just so that in between now [34:46] and when the hearing is scheduled to [34:48] take place I can provide some details to [34:51] those who might have questions. Um, I [34:54] guess I'll start with, you know, as this [34:56] was being introduced to us, uh, at the [34:58] agenda meeting last week, it was [35:00] somewhat compared to that of a POA, um, [35:04] if I remember right, uh, and POAS in [35:07] typical fashion are made up of [35:10] homeowners that live in that said [35:12] subdivision. But it looks as though [35:14] based upon what was presented to us in [35:16] this packet that the commission for this [35:19] particular district will be made up of [35:22] three individuals who don't currently [35:24] have a home in that subdivision. So can [35:26] you share with me uh and I can give you [35:29] the names that were provided to us. It [35:30] was Todd Havens, Paula Alderman, and [35:33] Daniel or Danielle Barlo, I believe [35:36] those three. uh can you share with me [35:38] how these three uh were nominated to be [35:41] on this commission and if any of those [35:43] three live here in Hot Springs or are [35:46] intending to live in this particular [35:47] subdivision. [35:48] >> Uh thank you very much. The subdivision [35:51] is in the uh initial stages of [35:54] construction. Now this allows the [35:56] defrainment of some of the construction [35:58] costs over a period of years. [36:01] Uh it is unlike a PLA in that uh this is [36:06] not a recreational improvement district [36:08] which would continue to collect and [36:10] spend money on maintenance and [36:12] improvements of ongoing projects. This [36:15] is assistance with the construction [36:17] costs to keep prices down uh for [36:20] affordable housing is what it's going to [36:22] be uh in in the long run. And the answer [36:25] to your second question is no. Uh they [36:28] are uh three people nominated by the [36:31] developer. [36:32] Uh the developer doesn't intend to move [36:36] from where they live. Um I come from [36:39] Selen County as does the developer. [36:41] That's our problem, our misfortune, but [36:44] that's not the intent. [36:46] >> Um thank you. Uh, can the [36:51] uh commission be changed? Uh, if there [36:55] are homes that are constructed within [36:58] the near future in this development and [37:00] the three that are currently on this [37:01] commission don't live there, but there [37:03] are three who do live there and they [37:06] feel like servant upon this commission, [37:07] can they? And how does that work to do? [37:10] >> Not only can they, but pursuant to new [37:12] law passed by the legislature and Brian, [37:14] I'm going to apologize. I don't have the [37:16] exact site on the top of my head, but I [clears throat] think you'll confirm [37:20] the commissioners do need to rotate off [37:23] uh at maximum. My understanding is, and [37:26] if I'm getting this wrong, it's two [37:28] three-year terms. Uh and you're gone. Uh [37:32] and that was to make sure it wasn't kind [37:34] of an old crony kind of old boy club [37:36] kind of thing. Uh running it. I would [37:39] expect that there would be three uh [37:42] people within the uh within the uh new [37:46] neighborhood that would uh want to step [37:49] up. There's not much to it. It's really [37:51] ministerial. You file a report once a [37:53] year and you make sure that the trustee [37:55] is paid and if somebody's not paying uh [37:57] the taxes that are collected by the [37:59] county assessor [38:01] >> uh as part of your special improvement [38:03] district taxes uh they make decisions [38:05] whether or not to pursue any kind of [38:07] action against those non-paying uh [38:10] properties. That's really their only [38:11] responsibility. Would would there be any [38:14] um legislative stat statute in these [38:18] codes to prevent somebody who lives [38:20] there from being on this commission? [38:22] >> I haven't found any, but [38:24] >> no. Okay. [38:26] >> We would encourage it and I would think [38:28] those would be the people with the most, [38:30] you know, the most uh skin [38:32] [clears throat] in the game, if you [38:33] will. [38:33] >> Um it was also mentioned u Mr. Young [38:36] that there are some examples of this [38:39] particular type of district, the [38:40] multi-use district that are in Benton. [38:43] Um, however, I'm not seeing any details [38:45] of that in our packet. And how does [38:48] someone learn more about those districts [38:51] that are in Benton? Uh, is there any [38:53] information about those is the question. [38:56] And then the second one, um, is were [38:59] these districts also created by this [39:02] same development [39:04] company? two of the three were that I [39:07] have been involved in as council. I sit [39:10] as commissioner on improvement district [39:12] number 131 of uh Benton. Uh we in part [39:17] of developing Hurricane Lake of which [39:19] I'm a member. Uh it's my side gig from [39:22] practicing law I suppose. Uh [39:26] knew what the process was, believed in [39:27] it, got myself in the middle of it, put [39:29] myself on as commissioner, and I really [39:31] do hope to retire off soon. Uh but I can give you two sources besides Mr. [39:36] Albbright uh that might be of some [39:40] uh comfort if you will. Uh one is Ray [39:43] Owen. This has not only been done in [39:45] Benton or any other county. I know Mr. [39:47] Owen has formed in in the in the past uh [39:51] several improvement districts or been [39:54] instrumental in in forming them. And the [39:55] other is the bond council that we hire [39:58] to make sure that everything is uh the [40:00] tees are crossed and the eyes are dotted [40:02] as far as the debt that is being uh if [40:06] you will collected by the county [40:08] assessor for their 3% fee and forwarded [40:11] to the trustee for forwarding on to the [40:13] bond holder and that is Hartzell Reagan [40:16] Rh over at the Gil firm up in Little [40:19] Rock. Uh we've worked with them twice [40:21] before. I've also on my own worked with [40:24] uh the uh Friday firm on setting them up [40:27] and I I know the uh right Lindsay [40:31] Jennings firm does them as well. So this [40:34] is not very esoteric but I know for a [40:37] fact there's at least 141 such districts [40:40] most of which are these municipal [40:42] improvement districts and not [40:43] recreational districts in Selen County [40:46] and that number is 75 here in here in [40:48] Garland County. [40:49] >> Well yes sir. Um the [40:54] details that we have are stating that [40:55] there's about 250 active uh improvement [40:58] districts in 20 counties around [41:00] Arkansas. Are you familiar if any of [41:03] those are defined as multi-use [41:06] improvement districts or would they have [41:09] some label such as, you know, sewer [41:12] infrastructure improvement district or [41:13] so forth? [41:15] I don't know what the I'm I'm not going [41:17] to tell you I know what the ratio is, [41:19] but I know that most developers uh when [41:22] they write a check to a contractor, [41:23] they're looking at what um the total [41:26] improvements are, not just one element. [41:29] And and that seems to be I don't know if [41:31] there's a trend, but I can tell you [41:33] anecdotally that they are the majority [41:35] of the newly formed ones. And I I'll [41:38] spend an hour at the uh Selen County uh [41:41] circuit clerk's office. I'm excuse me [41:43] the Selen County county clerk and the [41:45] Benton and Bryant city clerk's office [41:48] and I'll do the same thing here in [41:49] Garland and probably provide you with [41:52] dozens of them but I'll be happy to Is [41:55] that where it gets its name like the [41:57] multi-use is that because there are many [41:59] uses for this particular type of [42:00] district being created and that's if [42:03] that's the case yeah what what are its [42:05] intended uses for this district being [42:08] created [42:08] >> towards which type of infrastructure [42:11] sorry [42:11] >> towards the extension of existing [42:13] utilities and the buildout of utilities [42:15] within the uh the subdivision. And [42:18] again, it's wholly owned by the [42:20] developer at this point. And our goal is [42:23] along with the contract buyer Lenar, [42:25] which you may know to be the successor [42:27] to Rous Coleman, that's already part of [42:30] their agreement. And Rash Coleman, now [42:32] Lunar has okayed it. And Mr. Albbright, [42:35] I have letters saying that they've [42:37] received it. They don't need certified [42:38] mail copies. Um [42:41] now the the other detail [clears throat] [42:43] here is that this type of district may [42:46] be used to borrow money um to construct [42:49] this infrastructure. Uh [42:52] if that's the case, uh how does that [42:55] said money get paid back? Who does that [42:58] fall on? Would that be uh something [43:00] that's incorporated into interest that's [43:02] picked up by potential future property [43:06] owners within the subdivision? [43:08] uh could it be uh their you know the [43:11] price or value of their property goes up [43:14] because there are existing debt loans [43:16] out on infrastructure. How how does it [43:19] get paid back? It lowers the the barrier [43:21] to entry for moderate priced housing uh [43:25] in that part of your development costs [43:28] are not uh obtained, you know, plus [43:32] whatever a reasonable profit might be. [43:34] But it part of your development costs [43:36] are being deferred, paid back over a [43:39] 20-year amortization, [43:41] uh, where they're being, uh, charged, [43:44] uh, no greater, pursuant to the [43:46] agreement with Raj Coleman, uh, $600 per [43:49] year per lot. [43:51] >> Okay. So, the three that are currently [43:53] on the commission would have the say as [43:54] to how much is to be borrowed and how it [43:57] is to be paid back, or where does that [43:58] come from? That's the resolution that's coming next. Once we get the [44:02] appraiser, we excuse me, I meant to say [44:05] assessor. Once the assessor is sworn in, [44:08] once the commissioners are sworn in, we [44:11] have a limit that's pre-imposed by [44:13] contract with uh, as I said, Raj [44:15] Coleman, [44:16] >> is that going to something that's [44:18] included in our packet prior to the [44:20] hearing, too, or can that not be [44:22] established until you have a formal [44:25] multi-use district? that's [44:26] [clears throat] going to be established [44:27] after the district is established. [44:29] >> Yeah. [44:29] >> Because the other part that I noticed is [44:32] that you know if and when any such [44:35] establishment were to be approved such [44:37] as this multi-use of uh [44:39] >> multi-purpose um district once approved [44:44] the city has no legal authority over the [44:45] district. So what exactly does that [44:47] mean? [44:48] >> Well you really don't have any legal [44:50] >> would there be any need to have any [44:51] authority and what might that be? [44:52] >> You don't really have any legal [44:53] authority over it now. Um it [44:56] [clears throat] it has to be established [44:58] uh this way in order for them to do do [45:00] an assessment uh just like you would on [45:02] a water improvement district or sewer [45:04] improvement districts. And that goes on [45:05] the tax roles. And so the property [45:07] owners going forward on each one of [45:09] those lots pay their taxes and the [45:11] assessment to the collector. That money [45:14] is then used to pay off the debt. [45:21] » Thank you. Uh I'm just looking over my [45:24] notes. I'll pass the mic. [45:25] >> Director Garcia, [45:26] >> thank you. Uh, some of the residents uh [45:30] had questions because they didn't [45:32] understand everything. They didn't know [45:34] if they needed to come to the hearing [45:37] once we set the hearing date. And uh, [45:42] who does the clerk submit the money to [45:45] once they the county clerk collects the [45:48] money? Who do they submit that to? Uh [45:52] usually there's a trustee involved or at [45:54] least a paying agent. It can be [45:55] Centennial Bank. They do that. Pilaski [45:57] Bank and Trust, whatever they're called [45:59] now, uh does that. Uh Allan King of [46:03] Improvement District Inc., which I'm [46:05] sure Mr. Owen has worked with dozens of [46:07] times, he will act as a non-fiduciary [46:10] trustee, meaning he doesn't have to go [46:12] sue people if they don't pay. That's [46:14] optional. Uh and that's the real only [46:16] difference there between a paying agent [46:18] and a trustee. But that's who your [46:21] county collector pays. [46:24] >> And uh who pays this assessment or or [46:28] tax? [46:30] >> The residents per lot for a designated [46:32] period of time. [46:33] >> So it's only the owners that buy lots or [46:39] homes [clears throat] within Cali Ridge. [46:41] >> Absolutely. Is that correct? [46:42] >> 100%. It has a defined geographical [46:45] perimeter [46:46] >> and uh I'm familiar with the developer [46:50] taking care of the POA until there's [46:52] over 50 or 55% of uh owners and then [46:58] they have the option to uh take over the [47:01] POA. But this would stay in TAC until um [47:09] whatever the amount to be paid back is. [47:12] that how that works? [47:14] >> Yes. As I understand it, our contract [47:16] purchaser does not want POAS in their [47:19] subdivisions. What they [47:22] >> do allow for is this to assist with the [47:24] initial development costs. [47:26] >> So, it's only for the infrastructure of [47:28] the initial development and then once [47:31] that's paid off, [47:34] uh it's there's no more assessment. [47:38] >> Correct. [47:39] >> Okay. And uh that's all handled by the [47:43] clerk and this uh improvement district [47:47] once it's established. Is that correct? [47:50] >> Really, it's the clerk and the trustee [47:51] the [47:52] >> or the trustee for the improvement [47:54] district. [47:54] >> The commissioners meet once a year to [47:56] approve the transparency report which is [47:58] filed with the state and really there's [48:00] not much more than that usually. [48:03] >> And once this is done, uh what is the [48:06] city's role? city has no role [48:09] >> or no expense. [48:11] >> It has no expense. [48:12] >> Thank you. [48:15] >> Well, I'll I'll clarify that. Uh once [48:17] the assets are are constructed and [48:19] they're dedicated to the city, then the [48:22] city has go, you know, ongoing [48:24] maintenance for that. But they're paying [48:26] for all of the infrastructure until it's [48:29] dedicated to the city, which is the [48:32] engineer periodically comes to us and [48:35] says, "These assets are being will you [48:38] approve to take them over?" And then [48:41] they're in our maintenance. Until then, [48:43] it's the maintenance of the special [48:45] improvement district. Is that correct? [48:48] >> Well, so that the assets are dedicated [48:50] to the city when it's closed out. So [48:52] when when our city engineer brings you a [48:54] list, bear in mind that our water has [48:57] been going through those lines for over [48:59] 20 years, sometimes 30 years. And yes, [49:02] we've been maintaining them. That's what [49:03] we do because we charge uh our customers [49:07] not only on&m uh [clears throat] but uh [49:09] you know the sinking fund and so that's [49:12] what the money is intended for is for [49:14] the maintenance [49:15] >> on water and sewer. [49:21] But there's no lines in if they don't [49:23] have the infrastructure in there now. [49:25] There's no lines in there being used. [49:27] >> They have to put they have to put them [49:29] in. [49:29] >> Yeah. [49:30] >> And and and the money that they're [49:31] wanting to raise from this assessment is [49:33] going to pay for a portion of that. It's [49:35] my understanding with your cap of $600 [49:39] per year per lot. That's only going to [49:41] get you a little south of a million [49:43] dollars. [49:44] >> That's absolutely correct. And when I [49:46] said nothing, I meant to say there's no [49:48] difference. the dedication to the city [49:50] and the city's acceptance process and [49:52] the time frames, those aren't impacted [49:55] at all by the existence or non-existence [49:57] of a of a uh of an improvement district, [50:00] >> but the developer would pay any fees for [50:04] the that's been adopted by the city [50:07] board for uh water and [50:09] >> Oh, absolutely. They're they're water [50:11] customers just like anybody else. uh [50:13] just like Royal, just like all [50:16] >> uh almost our entire water system was developed through improvement over [50:23] the years outside the city [50:24] >> from 1972 till today. [50:27] >> Um and so that's the [clears throat] way [50:28] that those have have all gone in [50:31] >> but we won't we were having to do um [50:36] work in the uh city municipal [50:41] water [50:43] on billing that we won't this won't [50:46] entail [50:47] >> this will not royal is the only one that [50:50] we collect in the in [clears throat] the [50:51] billing theirs is per meter this is an [50:54] assessment like most improvement royal [50:56] is is it's only one that I know of that [50:59] they they base it per meter um all the [51:03] others are assessments on the tax roles [51:05] >> okay [51:07] >> thank you [51:09] >> any additional questions [clears throat] [51:12] Director Web. [51:13] >> Thank you, Mayor. Um, [51:16] was was bringing this concept of having [51:19] a multi-purpose district always part of [51:22] the plan or did this just come up? Uh, [51:25] is it because there are some added [51:28] expenses that were unforeseen and now [51:31] you're are you looking for a way to kind [51:34] of compensate maybe the fiscal um [51:39] responsibility for it or how how did it [51:41] happen that you want a multi-purpose [51:44] district? Now [51:44] >> it it is uh part of uh contracts that [51:48] commit you to sell to uh LAR uh when a [51:53] certain threshold has been reached. the [51:54] grading is within 3% of their specifics [51:58] and the streets are in and the water and [52:00] the sewer and the electric and I believe [52:04] even fiber optic. Uh again, every one of [52:07] those things cost money. They don't want [52:09] a POA. Uh this was and is the best way [52:13] to lower the uh [52:19] to lower the entry barrier to moderate [52:22] priced housing. uh on the front end. [52:25] >> Okay. Um so be hearing that are there [52:29] any other wouldn't it disclose to us [52:30] that there's zero other multi-purpose [52:32] districts in Hot Springs? I know there [52:35] are you know uh specific districts that [52:39] are in place. [52:39] >> I I don't recall there there being one. [52:42] That's not to say that there never has [52:44] been. I I I don't recall one. [52:46] >> Okay. [52:47] Um, most of those, you know, might have [52:50] been done through a POA type of format [52:53] as opposed to an improvement district. [52:56] >> Okay. So, you were saying this was part [52:57] of the plan the whole time? [52:59] >> Yes, sir. [53:00] >> You were planning on uh establishing a [53:02] multi-purpose district? [53:04] >> Yes, sir. [53:04] >> Okay, [53:07] >> that's all I have. [53:08] >> Thank you very much. Time. Yes, sir. [53:09] >> Appreciate you, sir. Uh since uh this is [53:12] kind of opened up to people coming to [53:14] the podium, is there anybody in the [53:15] audience since this was not a subject [53:17] you could sign up on? If anybody else [53:20] wants to come to the podium and talk for [53:22] three minutes, you're free to do so. [53:26] Anybody once, twice, thrice? Okay. Well, [53:30] next Tuesday we'll have a hearing. [53:34] [clears throat] [53:35] Okay. So, now we'll move on. Oh, we got [53:39] >> call the roll. Yeah. [53:40] >> Or directors uh discussion amongst [53:43] directors [53:45] >> hearing none. Please call the role. [53:47] >> Director Beard [53:50] >> I. [53:50] >> Do Smith [53:51] >> I. [53:52] >> Web [53:52] >> I. [53:53] >> Garcia [53:54] >> I. [53:54] >> Trusty. [53:55] >> I. [53:55] >> Mayor McCabe. [53:56] >> I. Resolution is adopted. Moving on to [53:59] consider resolution R-26-145. [54:02] I ask city [clears throat] turn to read [54:03] by title. [54:04] >> Resolution R-26-145. [54:06] A resolution authorizing the filing and [54:08] acceptance of fiscal year 2026 community [54:11] oriented policing development microrant [54:13] program funding to support Hot Springs [54:15] Police Department's drone as a first [54:17] responder program. That concludes your [54:19] reading. Mayor, if you would entertain a [54:20] motion second to adopt. [54:21] >> Motion moved. [54:22] >> We got director trust trustee seconded [54:25] by director web. And our staff report [54:28] will come from none other than chief [54:30] Chris Chapman. Welcome. [54:32] >> Thank you, sir. Appreciate you guys [54:34] giving me the opportunity to talk about [54:35] this tonight. Pretty excited about this [54:37] opportunity. So, this is a zero match [54:39] grant. $200,000 fully. If we are awarded [54:42] this grant, it'll be fully funded uh [54:43] with zero match from the city. So, in [54:47] 2022, the Hot Springs Police Department [54:49] had deployed its first drone programs. [54:51] Uh our current drone program is very [54:53] reactive. Uh it is those drones are [54:56] assigned to either the SWAT team, C or [54:59] our patrol units. And so they are [55:02] deployed after an event has already [55:04] started. Uh take for example if we have [55:06] a lost child, uh patrol officers [55:08] respond, they put the drone up looking [55:10] for the child. Um if we have a fleeing [55:14] suspect, uh patrol officers get in the [55:16] area, we put the drone up. So uh that's [55:18] our current drone program. This program [55:21] is very unique in the fact that the [55:23] primary goal is to launch the drone. [55:27] Imagine a helicopter on standby at the [55:29] PD fully wound up ready to go and a 911 [55:32] call goes in and that that helicop [55:35] helicopter responds immediately. That's [55:36] what this drone program is. It's nested [55:39] at the police department. It's tied to [55:40] our CAD system. Uh a 911 call comes in [55:44] and that drone immediately responds. And [55:47] so that's what the program is all about. [55:48] So the primary goal of this project is [55:50] to launch central Arkansas's first drone [55:52] as a first responder. It's called a DFR [55:54] program uh by transitioning from our [55:56] reactive current drone program which I [55:58] just described to an integrated DFR [56:01] framework. Uh HSB HSPD will [56:04] fundamentally change how critical [56:05] incidents are managed. So fund funding [56:08] from the FY26 micro grants program again [56:12] was $200,000 and it'll be used to [56:14] procure advanced drone technology [56:15] infrastructure and software capability [56:18] of automated and remote launch upon call [56:21] receipt. The DFR infrastructure will [56:23] integrate seamlessly into our dispatch [56:25] center and our new real-time crime [56:27] center. The integration of the DFR [56:30] technology represents a quantum leap in [56:32] operational capability of the Hot [56:33] Springs Police Department's uh dispatch [56:36] center operations and real-time crime [56:38] center. Again, rather than acting alone [56:40] as a tactical asset, the DFR platform [56:42] serves as a mobile airborne sensor [56:44] network for the real-time crime center, [56:46] our dispatchers, and our officers, [56:48] creating an unprecedented level of [56:50] situational awareness. So, it really [56:52] acts as a force multiplier. It it acts [56:56] as an advanced incident deescalation uh [56:58] device able to tell us and provide us [57:00] information before we get there. And in [57:03] precision pre precision dispatching and [57:05] resource allocation, a lot of these [57:07] drone programs that we're seeing across [57:08] the country, the drone will get there [57:11] several minutes before the officers get [57:12] there. They're able to determine what's [57:14] actually going on and instead of us [57:16] pushing three or four or five different [57:18] assets there, maybe we only have to send [57:20] one. And so that information is being [57:22] monitored immediately. So how the system [57:26] works very quickly. So we receive a 911 [57:29] call in our dispatch center. The [57:32] technology allows for that 911 call to [57:36] automatically be sent to the drone. So [57:39] as our CAD information is being entered [57:41] by our dispatchers, the drone is being [57:45] sent automatically. Sometimes even [57:47] before we're on the radio dispatching [57:48] the officer. So the drone has the [57:51] capability of 45 to 47 mph. So the [57:55] expectation is that it'll get there [57:57] several minutes before the officer 7 [57:59] mile range. So it can it can respond [58:01] anywhere in the city from the police [58:03] department. And once it gets there, it's [58:06] automatically um cameras down to the [58:09] scene and that information is [58:11] automatically transmitted back to the [58:13] dispatch center, the real-time crime [58:14] center, and the officers responding will [58:17] have the capability of seeing that. [58:18] Again, think about the tactical [58:20] advantage that gives us. Uh so [58:22] highdeinition video uh secur uh securely [58:25] to a certified remote pilot. Um so the [58:29] other great thing about this is our [58:31] pilots uh could be in route. Dispatch [58:34] has control of this drone and then they [58:37] turn it over to the pilot who is on the [58:39] ground at the time and able to use that. [58:41] So just a number of areas that can be [58:43] used. Crowd and event management. Think [58:45] about our St. Patrick's Day parade and [58:47] the number of people we have downtown [58:48] able to monitor that search and rescue [58:51] again talking about the lost child [58:53] elderly uh person wonders off we have [58:56] that quite often. It also has thermal [58:58] imaging uh imagery which would help us [59:01] with fires. Our fire department could [59:02] use it. We could utilize it. Uh natural [59:05] disasters. Uh think about if we have a [59:07] massive ice storm or a tornado and our [59:09] roadways are closed. It takes us time to [59:12] cut trees to get in there. We could [59:14] deploy the drone ahead of schedule, [59:15] ahead of our work crews to see those [59:17] things. Uh traffic deescalation, uh [59:20] deploy the drone, see exactly where [59:21] assets are needed, where tow trucks are [59:23] needed or ambulances are needed. And of [59:25] course, officer safety and suspect [59:27] tracking. That for me, that's the number [59:29] one thing. We're putting information out [59:31] there during a critical incident so [59:33] those officers are more aware what's [59:34] going on. Uh if there's a guy hiding [59:36] behind a car with a shotgun, we're able [59:38] to see that with a drone before those [59:40] units uh those officers step out of [59:42] those units. So, response speed, I told [59:44] you guys how fast it responds. [59:46] Deescalation, again, we're giving real [59:49] information, updated information to [59:50] those officers as they respond. Uh, [59:52] maybe it's a mental health crisis and [59:54] not a true disturbance, and we'll be [59:56] able to see that and pass that [59:57] information along. Obviously, missing [59:59] persons, there's a multitude of of ways [1:00:02] that can be used. Now, I want to tell [1:00:03] you what it's not maybe, so that'll help [1:00:06] answer some of the questions. So, it's [1:00:08] incident driven only. So, this is not [1:00:10] patrolling for us. It's not just up [1:00:13] there randomly turning corners in the [1:00:14] sky looking down to see what's going on. [1:00:17] We're sending it somewhere sending it [1:00:19] somewhere based on a need. Okay. No [1:00:23] facial recognition. All right. I know [1:00:25] that's a big concept right now. The [1:00:27] software integrates for automatic uh [1:00:29] does not integrate for biometric [1:00:31] tracking. Um strict evidence purging. [1:00:34] So, noncriminal footage is obviously [1:00:36] purged. policies will be in place where [1:00:38] that information is deleted and then [1:00:40] public accountability. Uh there will be [1:00:43] a place on our website where we show the [1:00:45] number of deployments, the type of [1:00:47] incidents it was deployed to. So that's [1:00:49] how it will be used. Be glad to answer [1:00:51] any questions. [1:00:52] >> Any questions, Chief? Director Garcia. [1:00:55] >> Thank you, Mayor. Chief, uh we know that [1:00:58] you have dispatchers [1:01:01] around the clock working and you have [1:01:03] officers around the clock. Uh what about [1:01:06] the crime center analysts? Are they [1:01:09] working around the clock or do you need [1:01:11] uh more resources there? [1:01:14] >> No, ma'am. So, our crime analysts, we [1:01:16] have one full-time and one part-time [1:01:18] crime analyst. Now, they work as needed, [1:01:20] but primarily during the day. Each day, [1:01:23] the information from the overnight um [1:01:26] incidents is pushed to them so they can [1:01:27] catalog that, build out reports, start [1:01:29] putting the puzzle together, so to [1:01:31] speak. But currently they're primarily [1:01:32] dayshift ma'am or as needed. [1:01:35] >> So if this came in while they weren't on [1:01:39] u duty then u they it it could still be [1:01:44] dispatched. [1:01:45] >> Absolutely. So the again multipitude of [1:01:47] ways to dispatch it primarily from the [1:01:49] dispatch center. So the dispatchers will [1:01:52] actually own the drone so to speak uh [1:01:54] from that initial call that 911 call [1:01:56] comes in the GPS coordinates they're [1:01:58] loaded in the CAD right. So techn is [1:02:01] fantastic. Works smarter not harder. Um [1:02:03] but that information from the cell phone [1:02:05] call, the 911 call that's automatically [1:02:08] populated in our CAD system, which is [1:02:09] our computerenerated dispatching system, [1:02:12] that's also being sent to the drone. And [1:02:14] so it's automatically sent. The [1:02:16] technology is absolutely amazing. Again, [1:02:18] imagine that helicopter sitting on top [1:02:19] of the police department, right? And and [1:02:22] then they can turn the operation of the [1:02:24] drone. and they can either maintain [1:02:25] operational capabilities within the [1:02:27] dispatch center or they can turn it over [1:02:29] to one of the drone operators, pilots, [1:02:31] FFA licensed uh pilots that we have on [1:02:34] each shift. [1:02:35] >> Okay. Thank you. [1:02:36] >> Yes, ma'am. Director Web. [1:02:39] >> Thank you, Mayor. Um and Chief, I'm not [1:02:42] trying to steal any of our thunder by [1:02:45] this being projected as a potential [1:02:47] project to launch Central Arkansas's [1:02:49] first drone. I remember you bringing [1:02:51] that up even in our uh agenda meeting, [1:02:54] but I I do have a question that can give [1:02:56] us some pretty serious data that I I [1:02:59] think you're prepared to give us. uh [1:03:01] with the other drones that are similar [1:03:03] to what we are considering to pass here [1:03:06] tonight being in operation and other law [1:03:09] enforcement agencies, how much real time [1:03:11] or real data is available uh to share [1:03:15] with us here tonight to show how these [1:03:18] drones can bring safety, better safety [1:03:20] for our officers. Uh which in essence, I [1:03:24] guess, allows for more preparation going [1:03:26] into a scene to apprehend suspects. Uh [1:03:29] that's part one. Part two, how much data [1:03:33] is available to see to witness to show [1:03:35] that there is safety being or an [1:03:38] extended offering of safety being [1:03:40] provided for potential victims to allow [1:03:43] response time to not only maybe increase [1:03:46] but to know how to respond? [1:03:49] Can you share with us any of that? [1:03:52] >> Yeah, so obviously we don't have we [1:03:54] haven't created the data for hot springs [1:03:56] because you know it's a it's a tool, [1:03:58] right? And so we still have people [1:04:00] making decisions on the ground. So that [1:04:02] data is not here. But from the programs [1:04:04] that do exist, uh, Chula Vista, several [1:04:07] other, you know, cities that have used [1:04:09] the programs, one of the biggest stats [1:04:11] that I am just absolutely amazed by is [1:04:13] the 20% on average reduction in calls [1:04:17] that officers actually have to respond [1:04:18] to because the the drone is providing [1:04:21] that real life information to the [1:04:23] dispatch center and we're able to negate [1:04:25] some of the the multiple officer [1:04:27] response to events. So, that's huge to [1:04:30] me. Uh but again, take for instance, [1:04:33] we're responding to that that active [1:04:35] shooter event. And you know, an active [1:04:37] shooter event, everybody and their [1:04:39] brother is going to that event. Not just [1:04:41] HSPD, but Arkansas State Police, Garland [1:04:43] County Sheriff's Department, National [1:04:44] Park Service, anybody with a gun and [1:04:46] badge is going. But if we have that [1:04:48] drone over the top, instead of mass [1:04:51] chaos, everybody kind of showing up and [1:04:54] not knowing what to do, we're able to [1:04:56] see ahead of time before those officers [1:04:57] get there, start directing to them to [1:04:59] where the bad guy is or where the [1:05:01] critical issue is and pushing those [1:05:03] resources there. So, we know that works. [1:05:06] We've seen that with our current drone [1:05:07] program. Uh on on average, the drones [1:05:11] are responding in in a minute to a [1:05:13] minute and a half. Our average response [1:05:15] time is about three minutes to a call uh [1:05:17] quicker than that to a critical [1:05:19] incident. But again, so you're you're [1:05:21] doubling your your speed capability to [1:05:23] being overhead providing information [1:05:25] that is giving us such a tactical [1:05:27] advantage. uh whether that's for a to a mental person, a subject in a mental [1:05:33] crisis where we know that hey there's [1:05:35] not a weapon involved. He's he's just [1:05:37] having a mental crisis. We can slow down [1:05:39] the response, have EMS coming in instead [1:05:41] of a number of officers that would [1:05:43] escalate that situation. So, we haven't [1:05:45] created our own data yet, but there's [1:05:47] plenty of data out there from other [1:05:48] cities who have deployed these, and [1:05:50] they've been deployed, I think, since [1:05:52] 2017 was the first one, uh 2017 or 2019. [1:05:57] So there's plenty of data out there that [1:05:58] we can provide to the citizens and then [1:06:00] we'll do a monthly report. Uh with our [1:06:02] monthly report, we'll add that data, [1:06:04] >> you know. Uh thank you, Chief. The one [1:06:07] thing that I I hear a lot, my my kids [1:06:10] and I keep up with a lot of um body cam [1:06:14] police videos that are on YouTube u to [1:06:17] watch. And then just in policing in [1:06:20] general, I think one line that we hear [1:06:22] are there are good people who just make [1:06:24] a bad choice. [1:06:26] >> Yes. So, as important as it is, and it's [1:06:28] highly important to ensure officer [1:06:30] safety and victim safety, I think it's [1:06:33] fair to say that most, if not all, law [1:06:36] enforcement officers also, when they [1:06:38] can, want to see the suspect uh [1:06:41] apprehended in a safe manner, too. [1:06:42] >> Absolutely. [1:06:43] >> Would you say that this drone uh allows [1:06:46] for the process of apprehension of [1:06:48] suspects to be granted a little bit more [1:06:51] safety being utilized? Well, I think it [1:06:54] enhances all three of those areas to be [1:06:56] honest with you. Obviously, we talked [1:06:58] about the tactical uh safety aspect for [1:07:00] the responding officers, but also for [1:07:02] the suspects, uh for the victims. Um you [1:07:05] know, and and a lot of people aren't [1:07:08] suspects, they are victims. They're [1:07:10] lost. Uh this drone would help us find [1:07:12] them much quicker than sending, you [1:07:14] know, six officers in a in a grid line [1:07:17] into the woods looking for someone. [1:07:18] We've got the drone up there with with [1:07:20] thermal capabilities showing us that, [1:07:22] hey, there's a subject 100 yards into [1:07:23] the wood line laying on the ground. We [1:07:26] can send people to that direct spot. So, [1:07:28] we're obviously able to help sus uh [1:07:30] victims much faster. But also, yes, [1:07:32] actually there we we have an obligation [1:07:35] to protect the suspects as well. Uh and [1:07:37] so if we have that drone overhead, we [1:07:39] can see where that suspect is, maneuver [1:07:42] those resources in in a safe manner, [1:07:44] which allow allows for a safe [1:07:46] deescalation uh situation where we're [1:07:49] protecting them as well. [1:07:51] >> Thank you, [1:07:52] >> Chief. You had indicated that the range [1:07:54] was 7 miles. I don't Is that because of [1:07:59] radio connection or fuel or [1:08:01] >> Yes, sir. The the cellular data uh [1:08:04] connection is about seven miles. Okay. [1:08:06] Um, if the program is successful, if we [1:08:09] do what we hope to do, uh, and and show [1:08:12] proof of concept, uh, eventually we [1:08:15] would request that a secondary drone be [1:08:17] put in like the south part of the city, [1:08:18] the south southwest part of the city, [1:08:20] uh, enhancing our capabilities. Again, [1:08:23] such a multiuse tool for our fire [1:08:26] department, our our storm crews as they [1:08:29] go out in these natural weather [1:08:30] disasters. uh such a tool, multi-use [1:08:32] tool for the entire city and our other [1:08:35] partners, National Park Service, county, [1:08:37] uh obviously, you know, our lakes border [1:08:40] our city limits and think about if we've [1:08:42] got a a drowning victim or a boating [1:08:44] accident or something like that. So, [1:08:46] just a great resource to have. [1:08:48] >> Very good. If there's no further [1:08:50] questions, thank you. [1:08:51] >> I'll make this last statement. Uh, [1:08:52] Senator Boseman, Cotton, and Congressman [1:08:55] Westerman have all written letters of [1:08:57] support for this program and so we're [1:08:59] hoping that DOJ takes notice of that. [1:09:01] So, [1:09:02] >> okay, we got one more question or [1:09:04] questioner, director, trustee. [1:09:06] >> Thank you, Mayor Chief. [clears throat] [1:09:07] We discussed this briefly at the agenda [1:09:10] meeting, but as the information comes in [1:09:13] to the dispatch center and it's entered [1:09:15] into the system, does that automatically [1:09:20] um send the drone or does someone have [1:09:22] to push that button say yes, this is a [1:09:24] drone [1:09:26] response? [1:09:26] >> So, it can be deployed either way. The [1:09:28] technology allows it to automatically [1:09:30] deploy based on certain criteria, but [1:09:33] more than likely we're going to be [1:09:35] pushing that button button. Yeah. And [1:09:37] then of course all the information [1:09:39] that's being gathered as the dispatcher [1:09:41] is entering that additional information. [1:09:43] Of course that's going straight out to [1:09:44] our officers. Uh they can transition to [1:09:47] the other pilot who can add additional [1:09:48] information. So again the technology is [1:09:51] above my pay grade and but it is it's [1:09:53] pretty neat. [1:09:55] >> All right. Thank you. [1:09:56] >> Very good. Thank you. [1:09:57] >> Thank you sir. [1:10:00] >> Anybody sign up? [1:10:01] >> No sir. [1:10:03] >> Discussion amongst directors hearing [1:10:05] none. Please call the role. [1:10:07] >> Director Dob Smith [1:10:08] >> I. [1:10:09] >> Web [1:10:10] >> I. [1:10:10] >> Garcia [1:10:11] >> I. [1:10:12] >> Trustee [1:10:12] >> I. [1:10:13] >> Beard. [1:10:14] >> No. [1:10:15] >> Mayor McCabe. [1:10:16] >> I. Resolution adopted. Moving on to [1:10:19] consider or ordinance O-26-31. [1:10:23] I'll entertain a motion and second to [1:10:25] suspend the rules and read by title. [1:10:30] >> A motion to suspend the rules. director [1:10:32] of trustee seconded by director Garcia. [1:10:35] >> I have a motion and second to spend the [1:10:36] rules. All in favor signify by saying I. [1:10:39] >> I. I. [1:10:40] >> Oppos same sign. Council please read by [1:10:42] title. [1:10:42] >> Ordinance 0-26-31 [1:10:44] an ordinance amending the zoning map for [1:10:46] lots two and part of lot three of Sour [1:10:49] Rock Spring subdivision from RN2 [1:10:51] residential neighborhood 2 to CR [1:10:53] regional commercial zone district. [1:10:55] Changing the future land use plan map [1:10:58] from residential low density to linear [1:11:00] commercial corridor to correct a mapping [1:11:02] error and for other purposes. That [1:11:04] concludes your reading. Mayor, if you [1:11:04] would entertain a motion, second to [1:11:06] adopt. [1:11:06] >> Motion to adopt. Director G. Director [1:11:09] Adob Smith, seconded by director Trustee [1:11:11] and staff report will be provided by [1:11:13] Kathy Salman, planning and development [1:11:15] director. Welcome. [1:11:17] >> Thank you. Um, excuse [clears throat] [1:11:20] me. We have two zoning map errors that [1:11:23] apply to this land. And Hot Springs code [1:11:26] does establish standards for amending [1:11:28] the zoning map. One of those is to [1:11:32] correct an error in previous map [1:11:34] amendment action. I don't think we've [1:11:36] ever had one where there were two errors [1:11:39] in two different years on one piece of [1:11:42] land, but here we do. A 2002 application [1:11:47] to reszone this land to commercial [1:11:50] included a map which used a now very [1:11:53] faded highlighter to outland outline the [1:11:56] subject land. The board of directors [1:12:00] approved an ordinance that had no map [1:12:04] and contains [1:12:07] what looks like a partial legal [1:12:09] description of the area that was [1:12:11] highlighted on the original application. [1:12:16] Uh there isn't any doc documentation [1:12:19] that exists to explain why the [1:12:22] ordinances legal description differs [1:12:24] from the applicant's map. The area [1:12:27] depicted on the application exceeds the [1:12:30] area the ordinance described, but there [1:12:32] is nothing in either planning commission [1:12:35] minutes or board of directors minutes uh [1:12:38] from that meeting in 2002 to reflect any [1:12:42] amendment of the area being reszoned. In [1:12:46] 2004, [1:12:48] planning commission approved a [1:12:50] conditional use for a self storage use [1:12:54] and structures on the entire multiple [1:12:57] lot parcel despite the fact that one of [1:13:00] the lots was and still is residentially [1:13:03] zoned. Um self- storage facility still [1:13:07] is a prohibited use in residential [1:13:09] zones. [1:13:12] Um the meeting minutes from the [1:13:15] commission's meeting um demonstrate that [1:13:20] the commission was incorrectly advised [1:13:24] prior to their vote approving the [1:13:26] conditional use. And what they were told [1:13:29] was that because an adjacent lot also [1:13:32] owned by the same owner as these three [1:13:36] was already zoned commercial, then the [1:13:39] residential zoning could be interpreted [1:13:41] as commercial zoning. Um, that's not [1:13:46] true. And the zoning map wasn't amended [1:13:49] after the fact either to reflect that [1:13:52] interpretation. [1:13:55] The current use on lots one to three [1:13:58] appears to be vehicle and both storage. [1:14:01] This storage is in keeping with the [1:14:03] approved 2004 conditional use um which [1:14:07] specifically approved additional storage [1:14:10] buildings again even though the mapped [1:14:13] residential zone prohibited that use. So [1:14:16] as currently mapped the use that was [1:14:20] developed subsequent to the conditional [1:14:22] use being approved um is not lawful. So [1:14:27] um the [1:14:30] approval standards for map amendments [1:14:33] cover this situation. The map amendment [1:14:36] errors affecting lots one, two, and [1:14:39] three, part of three saw rock spring [1:14:42] subdivision occurred in both 2002 and in [1:14:46] 2004. [1:14:47] Correcting the map to zone the subject [1:14:49] land CR regional commercial will remove [1:14:53] a nonconformity [1:14:55] and would allow both the use and future [1:14:58] development consistent with the 2004 [1:15:01] approved conditional use permit. A [1:15:04] future land use plan map designation of [1:15:07] linear commercial corridor is consistent [1:15:10] with the surrounding regional commercial [1:15:13] CR zoned lands and the future land use [1:15:17] map should be adjusted to reflect that [1:15:20] new designation. [1:15:22] >> Very good. Any questions of Miss Sel? [1:15:28] » Director Trustee. [1:15:29] >> Thank you, mayor. Kathy, this is just on [1:15:32] the storage units behind the commercial [1:15:35] property. [1:15:36] >> It It is on two and a half lots that are [1:15:41] to the immediate east of those storage [1:15:45] buildings. Takes it over to [1:15:49] I want to say S Rock Springs Road. Okay. [1:15:52] Right. [1:15:54] Okay. [1:15:57] >> Any additional questions of Miss Selman? [1:16:01] Thank you. [1:16:02] >> Thank you. [1:16:03] >> Did we have anybody sign up? [1:16:04] >> No sir. [1:16:04] >> Discussion amongst directors [1:16:08] >> hearing none. Please call the role. [1:16:10] >> Director Webb [1:16:11] >> I. [1:16:12] >> Garcia [1:16:13] >> I. [1:16:13] >> Trusty [1:16:14] >> I. [1:16:15] >> Beard [1:16:16] >> I. [1:16:17] >> Bob Smith [1:16:18] >> I. [1:16:18] >> Mayor McCabe [1:16:19] >> I. Ordinance is adopted. Our final [1:16:22] action of the item for this evening is [1:16:24] to consider ordinance 0-26-32. [1:16:28] I entertain a motion, second to suspend [1:16:30] the rules and read by title. [1:16:32] >> So move. [1:16:33] >> Director Do Smith, second by director [1:16:35] Garcia. [1:16:36] >> I have a motion and second to spend the [1:16:37] rules and read by title. All in favor [1:16:39] signify by saying I. [1:16:41] >> I. [1:16:41] >> Oppose. Same sign. Council, please read [1:16:43] by title. Ordinance O-26-32 [1:16:46] and an ordinance calling for an election [1:16:47] to be held during the next general [1:16:49] election November 3, 2026 on the [1:16:52] question of authorizing Sunday sales of [1:16:55] alcoholic beverages for off- premises [1:16:57] consumption in Hot Springs, Arkansas. [1:16:59] That concludes your reading. Mayor, if [1:17:01] you would entertain a motion and a [1:17:02] second to adopt. [1:17:03] >> So second [1:17:05] >> director trustee second by director Dob [1:17:07] Smith and our staff report we provided [1:17:11] by our city attorney, Mr. Brian [1:17:12] Albbright. Thank you, mayor. Uh the the [1:17:15] underlying question here is sale of [1:17:17] alcoholic beverages on Sundays for off- [1:17:19] premise consumption. Hot Springs does [1:17:21] have onremise consumption does not have [1:17:24] off-remise consumption on on Sunday. Um [1:17:27] but this is this is a product that comes [1:17:30] to you through our constitution. Article [1:17:33] 5 section one of our constitution of [1:17:35] 1875 [1:17:36] uh deals with initiatives and [1:17:38] referendums. that is the right that the [1:17:40] people uh of this state reserved unto [1:17:43] themselves when the when the uh [1:17:45] constitution was adopted and so we [1:17:47] follow that process uh in the form of [1:17:50] petitions. Um al Sunday off- premise [1:17:53] alcohol sales in Arkansas is governed by [1:17:55] statute Arkansas code annotated section [1:17:58] 3-3-210 [1:18:00] sub paragraph B. Um, this uh subsection [1:18:03] authorizes cities to permit Sunday [1:18:05] off-remise sales for retail sales, [1:18:07] meaning grocery stores, uh, convenience [1:18:10] stores, liquor stores, similar retail [1:18:12] outlets. It does not expand uh the [1:18:15] ability to to sell beyond the the on [1:18:19] premise license. So, in other words, an [1:18:22] establishment must have an on-remise [1:18:24] license in order to uh I'm sorry, it [1:18:26] doesn't it's not really what I meant. [1:18:29] to say is that they have a [1:18:31] license to sell other than Sundays. Uh [1:18:34] if they if they have a license uh to [1:18:36] sell other than Sundays, then this would [1:18:37] apply to them. That have anything to do [1:18:39] with on premise. Um in looking at the uh [1:18:44] the law regarding the number of of [1:18:46] signatures required, it's 15% of those [1:18:49] uh that uh uh voted for voted in the [1:18:52] governor's race at the last general [1:18:53] election. uh here in in Garland County [1:18:56] those numbers uh in Hot Springs were [1:18:59] 13,020. [1:19:00] So so the number that must be reached is [1:19:03] 1953. [1:19:05] On August 5th, 2026, the city clerk's [1:19:08] office received a petition uh and began [1:19:11] the verification of the signatures on [1:19:13] that uh with the county clerk's office. [1:19:16] Um once the requisite number of [1:19:19] signatures were verified and certified, [1:19:22] our uh pro procedure here in Hot [1:19:24] Springs, Hot Springs Code section 1-2-1 [1:19:27] uh 1.5 deals with referendums and [1:19:30] initiatives. Uh and it states that once [1:19:32] those signatures are uh received, an [1:19:35] election shall be called. The election [1:19:39] is called pursuant to Arkansas code [1:19:42] 3-3210B [1:19:45] uh which states um that the election [1:19:48] under this subsection on the Sunday sale [1:19:50] question shall be held in accordance [1:19:52] with the procedures established for [1:19:54] onremise consumption. So our our [1:19:57] legislature gave us a statute for [1:19:59] off-remise consumption and told us to [1:20:02] follow the procedure under for the [1:20:04] election that is established under the [1:20:07] onremise consumption which is 3-9-201 [1:20:11] at seek. When we look to 3-9-206, [1:20:18] it states that the election shall be [1:20:20] called by order of the quorum court in [1:20:22] accordance with section 7-11-201 [1:20:25] at seek, which is a statutory scheme [1:20:27] that uh codify amendment 7 to article 5 [1:20:31] section one of the constitution. [1:20:33] So in any event, uh the law says that [1:20:36] when you get the signatures, you call [1:20:38] for the election, but it also says that [1:20:40] the manner uh includes asking the quorum [1:20:43] court to also call the election. I [1:20:46] question whether or not that is [1:20:47] absolutely positively required. However, [1:20:50] uh belt and and suspenders and wanting [1:20:54] to to preserve the right that was [1:20:56] reserved to the people under the [1:20:58] constitution to have their referendum on [1:21:00] this law. uh part of uh the ordinance [1:21:03] that's before you includes a request for [1:21:06] the county to also uh call this [1:21:08] election. So, in looking at the uh the [1:21:11] ordinance itself, um there were 1957 [1:21:16] signatures that were certified. Uh those [1:21:19] uh will be going to the uh county clerk [1:21:22] as well as the commission, the election [1:21:24] commission. Um [1:21:28] and we request that u the quorum court [1:21:30] also call such a such an election. [1:21:37] It does not expand as I said only if you [1:21:40] already have a license uh to sell on the [1:21:43] other days of the of the week would you [1:21:45] be able to sell on Sunday. [1:21:50] » Any questions of Brian? [1:21:53] Director Web. [1:21:58] » Thank you, Mayor. [1:22:00] I'm just sitting here thinking of how to [1:22:02] ask these questions. So, um [1:22:06] [clears throat] [1:22:07] I I think you've tried to maybe answer [1:22:09] some of the questions that I have. Um [1:22:13] because the initial thought for me upon [1:22:15] seeing this on our agenda last week was, [1:22:19] you know, um the body of people that [1:22:22] took this action for this particular [1:22:25] initiative to get signatures and file [1:22:28] all the necessary filings had nothing to [1:22:31] do with the city board of directors. So [1:22:34] the question for me is why are we even [1:22:36] seeing this item here before us? And [1:22:40] it looks upon first glance, it looked to [1:22:43] me like having this in front of us looks [1:22:46] like a measure to have us show [1:22:49] favorability for this particular ballot [1:22:52] initiative when in my opinion we should [1:22:54] remain neutral and allow the people to [1:22:57] vote their mind without any input from [1:23:00] the city. Um, would that be right or [1:23:04] wrong is the question. And I guess the [1:23:07] follow-up question to that is if the [1:23:13] signatures that were needed to be [1:23:15] obtained were obtained by the group of [1:23:18] said people for this particular [1:23:19] initiative, [1:23:21] would they not be able to get it on a [1:23:24] ballot without having anything passed by [1:23:26] the board of directors or quorum court? [1:23:30] >> Okay. Um, yeah, I think there's [1:23:32] basically three questions there and I'll [1:23:35] if [clears throat] I miss some of them, [1:23:37] follow up on this. Okay. The reason that [1:23:40] it's coming to you this way is because [1:23:41] this is way the Constitution says it [1:23:43] comes. Article 5, section one of the of [1:23:46] the Arkansas Constitution says if there [1:23:48] is a petition filed with the requisite [1:23:50] number of signatures, you will put it on [1:23:53] the ballot. People don't put it on the [1:23:55] ballot. The the governing bodies put it [1:23:58] on the B. have to call for the election. [1:24:01] Okay, they they they've sought the [1:24:03] election. They've they've reached the [1:24:05] number of signatures. And so our first [1:24:07] statute that we looked at is 33210B, [1:24:10] which says uh that an election on Sunday [1:24:14] sale question shall be held in [1:24:15] accordance with procedures established [1:24:17] on prem for on premises elections. [1:24:20] Okay, that's what we have to send to the [1:24:22] county because 39206 [1:24:27] says that they also have to call the [1:24:28] election. [1:24:31] Our our initiative and referendum [1:24:33] section of of our ordinances, our code [1:24:36] that we adopted that or again article 5 [1:24:39] section one of the constitution says you [1:24:41] do says that when we receive that that [1:24:44] requisite number of signatures, we call [1:24:46] the election. [1:24:48] Um, [1:24:49] >> we're not endorsing the election. [1:24:51] There's nothing in here whatsoever that [1:24:54] shows any indication of how we want [1:24:57] people to vote or that you're in favor [1:24:59] of it. One iota. This is merely to call [1:25:02] the election so that the people, the [1:25:05] registered voters of the city of Hot [1:25:07] Springs can vote on the measure. [1:25:09] >> Um, having listened to all that, if um [1:25:13] would uh it also have to be passed in [1:25:15] quorum court to be placed on the ballot? [1:25:17] Is there not any way that this [1:25:19] particular measure could make it onto a [1:25:21] ballot without the passing of our board [1:25:24] in a quorum court or one of the other? [1:25:26] >> It has to be. It has to be by this [1:25:27] board. But again, it it's a ministerial [1:25:30] act kind of like we were talking about [1:25:31] with the other petition. When you [1:25:33] receive petitions of referendum pursuant [1:25:36] to the constitution, you act on that. [1:25:38] Otherwise, you're sued for mandamus. [1:25:40] >> Right. [1:25:41] >> Um so this is a ministerial duty for you [1:25:45] to call for the election. I'm not [1:25:47] convinced a thousand% that the quorum [1:25:50] court must also do it, but the other [1:25:52] cities who have followed this statutory [1:25:54] scheme in 2024 also send it to their [1:25:58] quorum courts. Um, so again, as a belt [1:26:01] and suspenders [1:26:03] abundance of caution, I think that that [1:26:06] they should be asked to to also pass uh [1:26:09] a measure to put it on the ballot. So, [1:26:11] it's it's your uh belief that the [1:26:15] petition [1:26:17] did obtain all necessary and that this [1:26:19] was confirmed by city and county clerk, [1:26:21] right? I mean, all the all the ballot [1:26:23] signatures were there. So, it's your [1:26:24] position that uh if the board were not [1:26:28] to act on this by calling an action that [1:26:31] there could be lawsuits against the [1:26:32] city, [1:26:33] >> it's called a mandamus. Well, uh, what [1:26:36] could happen if the board, even though [1:26:38] it's coming to us, said, "No, we don't [1:26:41] want it on the ballot." Would there be [1:26:42] any violation of the constitution in [1:26:44] doing that? [1:26:46] >> It would be it would be a mandamus, [1:26:48] >> like voting no. [1:26:49] >> Yeah. If you if you don't put it on the [1:26:51] ballot, um, the petitioners would have [1:26:54] grounds to sue for mandamus to force you [1:26:57] to to fulfill your ministerial duty. Uh [1:27:00] the packet did show a number of cities [1:27:02] that were successful [1:27:05] uh with this one being Fagatville, [1:27:08] Rogers, looks like Bentonville and [1:27:10] Springdale. Are there any who have [1:27:13] completed this process, put it on the [1:27:14] ballot, and it wasn't successful? [1:27:16] >> Uh [1:27:17] >> to your knowledge? [1:27:18] >> Not to my knowledge. [1:27:20] >> How has any kind of ballot measure like [1:27:22] this ever been uh presented to voters in [1:27:25] Hot Springs before? [1:27:26] >> No. We we had we had the local option uh [1:27:30] just for Sunday sales on on premise. Uh [1:27:33] but the off- premise came along with uh [1:27:36] the act was uh [1:27:39] let's see act 294 of 2009 [1:27:43] um open this up to where you could have [1:27:45] off-remise consumption sales for [1:27:48] off-remise consumption. [1:27:50] >> So is it is it then your um belief and I guess testimony. We're using legal [1:27:59] terms that this isn't an ordinance on [1:28:01] our agenda to alleviate this group from [1:28:05] having to do further work to get it on [1:28:07] the ballot, like cutting some red tape, [1:28:09] per se. Are we alleviating that group [1:28:11] from do from any additional work to get [1:28:14] it placed on the ballot? You know, [1:28:16] providing a uh an expedited process for [1:28:18] the group. Are we doing any favors to [1:28:21] this group or are we just following the [1:28:23] constitution? [1:28:24] >> We're just following Yeah. First of all, [1:28:26] I never testify before you [1:28:29] ever. [1:28:31] Um, [1:28:32] we we are doing our best to follow the [1:28:35] Constitution that requires us when we [1:28:38] receive the requisite numbers of a [1:28:39] petition for referendum or initiative [1:28:42] that we call an election. [1:28:44] >> So, we're not doing we're not providing [1:28:46] any favors for this group. [1:28:48] >> Absolutely. [1:28:48] >> Is that what you're saying? [1:28:50] >> This isn't out of the norm, per se? [1:28:52] >> No, sir. In your opinion? Okay. [1:28:54] >> No, sir. there uh over the you know uh [1:28:57] the the last 27 years there have been [1:29:01] petitions that have that that have come [1:29:03] to the city clerk's office and I think [1:29:05] in every instance whether it was Lance Hudnull uh whether [1:29:10] you know they have attempted to do [1:29:14] everything that they could to assist [1:29:17] them in the procedure but there's no [1:29:20] favoritism here. [1:29:22] >> Okay. Thank you. [1:29:24] Director Garcia. [1:29:26] >> Thank you, Mayor. I interpreted this [1:29:28] that uh we were just doing what was [1:29:32] constitutionally correct. We're not uh [1:29:35] in favor or not in favor. We're just [1:29:38] putting [1:29:40] what we're supposed to do to pass this [1:29:43] to be on the ballot. But the county [1:29:46] clerks already done the verification [1:29:49] that the signatures, they've met [1:29:51] everything. In the same vein that the uh [1:29:55] state attorney general puts things on [1:29:58] the ballot statewide, they're not [1:30:00] endorsing anything, they're doing their [1:30:04] uh what they're supposed to do to verify [1:30:07] and get on stat statewide ballots. I [1:30:10] don't see us doing anything different. [1:30:12] Each member of the board will vote how [1:30:15] uh their conscience wants them to vote. [1:30:18] And we're not doing anything out of [1:30:22] ordinary uh for business in that this [1:30:25] was a citywide [1:30:28] um petition for it's just applying to [1:30:31] the city limits in its current form to [1:30:35] be voted on by the city residents. [1:30:37] However, I'm not opposed for it going to [1:30:40] the quorum court, but the county won't [1:30:44] be voting on this, just city. Is that [1:30:46] correct? [1:30:47] >> It will be city-wide election, not a [1:30:48] countywide election. Um I I think that [1:30:51] the the perhaps the reason uh that the 33210 [1:30:56] uh ended up sending us to the 39206 [clears throat] [1:31:02] is because the election commission is an [1:31:04] arm of the county [1:31:05] >> and they're the ones that put uh [1:31:07] everything on the ballot and they need [1:31:09] the they have to have this to put it on [1:31:11] the ballot. Our vote. [1:31:13] >> That's right. [1:31:14] >> Okay. And so your your vote to put it on [1:31:17] the ballot is certainly not a vote in [1:31:19] favor of the measure. [1:31:21] >> Yeah. It's not for or against. It's just [1:31:24] to follow the constitution. [1:31:26] >> And you know, if if you're against the [1:31:27] measure, then you vote no at the polls. [1:31:32] » All right. [1:31:33] >> Or if you're for it, you vote for it. If [1:31:35] you're not, you vote against it. [1:31:36] >> Right. [1:31:37] >> But it's city residents that will vote. [1:31:39] >> That is correct. [1:31:41] >> Director Web. [1:31:42] >> Thank you, Mayor. um based upon the [1:31:45] outcome um let's say it is you know on [1:31:48] the ballot um um if the measure fails [1:31:52] there's there isn't any action uh and [1:31:54] this is through the vote of the people [1:31:56] at the ballot if the measure fails there [1:31:58] isn't any action the city does if the [1:32:00] measure passes will this be something [1:32:02] that comes back to the board to uh amend [1:32:06] codes [1:32:06] >> yes thank thank you for bringing that up [1:32:08] and I I mentioned that in in passing I [1:32:11] think at the end of uh uh the uh the [1:32:14] VARF u if the voters approve the ballot [1:32:16] measure, the board would need to amend [1:32:18] the city code sections pertaining to [1:32:19] Sunday sale of alcohol for off- premise [1:32:22] consumption. And of course, the reason [1:32:23] for that is because it's prohibited now, [1:32:25] >> right? [1:32:26] >> Um so you would you would have to amend [1:32:28] your codes in order to deal with that. [1:32:31] >> Okay? [1:32:32] >> In order in order to give u give me to [1:32:35] what the people have have enacted, [1:32:38] >> right? So to clarify, this is a vote [1:32:41] just to place it on the ballot to be [1:32:43] given a choice to the people, not so [1:32:45] much to vote in favor or against it. [1:32:47] >> That's right. It is it is purely [1:32:49] ministerial. [1:32:50] >> Right. Thank you. [1:32:52] >> We have one individual who signed up to [1:32:54] speak on this, Mr. Tyler Draper. Please [1:32:57] come forward. Restate your name, [1:32:58] address, and district, please. [1:33:05] » Good afternoon, y'all. My name is Tyler [1:33:06] Draper, uh, district 5 chairperson for [1:33:09] the, uh, keep our dollars in hot [1:33:11] springs. So, uh, to clarify, we're a [1:33:14] ballot question committee. We're [1:33:16] registered through the ethics [1:33:17] commission. We've reported all of our, [1:33:20] uh, donations. We've taken about $35,000 [1:33:23] from Walmart and had, you know, support [1:33:26] from uh, many places across Hot Springs. [1:33:29] We already have al Sunday alcohol sales [1:33:31] in the city. you just have to go drive, [1:33:33] drink there, and then try to get back [1:33:36] home. This puts it on the ballot and [1:33:39] will allow the people to vote for or [1:33:41] against having the freedom to buy at a [1:33:44] store and take it to your house. This is [1:33:48] not anything. Nobody gave me any favors. [1:33:51] I've done background checks. I've sworn [1:33:55] affidavits, followed all the new laws [1:33:58] from the Secretary of State, turned in [1:34:00] everything. uh no favors. Uh we've had [1:34:03] stores that support it, stores that [1:34:05] oppose it, and uh that's fine with us. [1:34:08] Let's put it to the people, and uh [1:34:11] they'll decide if we can get it there. [1:34:13] So, uh to be on the general election, we [1:34:16] had the choice. We could have done this [1:34:17] and put it on the primary election when [1:34:20] the issue for y'all being paid was on [1:34:23] there, but we decided, hey, we're going [1:34:25] to put it on the general election to [1:34:26] make sure we have, you know, the correct [1:34:29] turnout and everybody gets their chance. [1:34:31] So, uh, we followed, in my opinion, we [1:34:35] followed all the laws. We've done [1:34:36] everything right ethically. And uh I [1:34:40] don't see uh any any favors and I would [1:34:43] just like for the city and the county to [1:34:46] put on the ballot. We could have had [1:34:47] this countywide, but the amount of [1:34:50] signatures and the amount of time we [1:34:53] decided, hey, let's just try it in the [1:34:55] city first and if we're successful, [1:34:58] maybe it could go to the county in [1:35:00] another attempt next time. If we fail, [1:35:02] oh well, so be it. zone. Uh we just want [1:35:05] the people to decide for uh we're a [1:35:07] tourism town. People come here from [1:35:09] Texas and Tennessee all the time and get [1:35:12] blindsided at the store on Sundays [1:35:15] because their states already do this. So [1:35:18] that was that's our plan is to make us [1:35:20] competitive with other uh states around [1:35:22] us and give people, you know, more [1:35:25] freedom and less hassle. Thank y'all. [1:35:27] >> Any questions to Mr. Draper? [1:35:31] >> Thank you. [1:35:33] discussion amongst directors, [1:35:36] director, trustee. [1:35:37] >> Thank you, Mayor [1:35:39] Brian. Being a former banker, I'm all [1:35:41] about belts and suspenders. I get the I [1:35:44] get the principle there. But on 97, page [1:35:47] 97 of our packet, it talks about the end [1:35:50] of that uh paragraph A, it says or. [1:35:54] >> Yeah. And so it really is just [1:35:59] doing what the other folks have done and [1:36:01] having the quorum court call the [1:36:03] election also. [1:36:05] >> Yeah. So um [clears throat] I apologize [1:36:08] for this in in some our barf goes into a system called I compass. [1:36:14] >> Okay. [1:36:15] >> And so sometimes the ores and the the page breaks and the so forth don't [1:36:21] always jive up. Okay. Um, so the or [1:36:24] under paragraph, see that's supposed to [1:36:25] be a one and then or there was a two. B [1:36:31] doesn't go with A. B stands by on its [1:36:33] own. [1:36:33] >> Okay. [1:36:35] >> So, it would have been clearer had I [1:36:37] just left A out. [1:36:38] >> Gotcha. [1:36:39] >> Um because that's where we are. [1:36:41] >> All right. I don't have any problem [1:36:43] asking court to place it on the ballot. [1:36:46] Thank you, [1:36:48] >> Director Web. [1:36:49] >> Thank you, Mayor. Um, Brian, does this [1:36:52] cost city any to put it on the ballot? [1:36:56] Isn't there some cost involved to put a [1:36:57] measure on the ballot to be voted on? [1:36:59] There would be. [1:36:59] >> And if it's a cost, where does that come [1:37:01] from? [1:37:02] >> General fund. [1:37:04] >> Okay. Would it not be upon the [1:37:05] responsibility of the party who's [1:37:07] bringing the referendum to us to pay for [1:37:10] the cause to put it on the ballot? [1:37:12] >> It is not. [1:37:15] >> Is it not at ever any time to do that? [1:37:19] What what is the cost in approximate [1:37:22] value? [1:37:22] >> Um we had an estimate the last election [1:37:25] um [1:37:25] >> about $1,800. Is that what you said the [1:37:28] last time? [1:37:28] >> It depends on what else is on the [1:37:30] ballot. The um the Garland County [1:37:32] Election Commission will take everything [1:37:34] that is on the ballot and divide that up [1:37:36] between the school district, the city, [1:37:38] the whatever's on the ballot. [1:37:40] >> And and and so in a general election, it [1:37:43] should be less than it would be in a [1:37:45] special [1:37:46] >> special. [1:37:48] Okay. Would it I mean would it be [1:37:50] $160,000? [1:37:53] >> Okay. [1:37:54] >> Usually three four. [1:37:55] >> Yeah. [1:38:00] » No other questions. Please call the [1:38:02] role. [1:38:03] >> Director Garcia. [1:38:04] >> I. [1:38:05] >> Trusty. [1:38:06] >> I. [1:38:06] >> Beard. [1:38:07] >> I. [1:38:08] >> Do Smith. [1:38:08] >> I. [1:38:09] >> Webb. [1:38:10] >> I. [1:38:10] >> Mayor McCabe. [1:38:11] >> I. The ordinance is adopted and the item [1:38:15] will be put forward to the voters. [1:38:18] Um that concludes the action items that [1:38:21] we will act on today. There we're under [1:38:25] board uh items for discussion. [1:38:29] Board members have any items they'd like [1:38:30] to discuss? [1:38:34] Hearing none. We do have a uh public [1:38:37] comment session after for a couple [1:38:40] reports, but uh Director Garcia. [1:38:43] >> Thank you, Mayor. I move to adjourn. [1:38:47] Second [1:38:48] >> director web seconded. All in favor [1:38:51] signify by saying I. I. [1:38:53] >> I post same sign.