Court OKs Animal Shelter Purchase & “Housekeeping” Ordinances

At its July 20 meeting, the Faulkner County Quorum Court voted to spend $405,811 from the Animal Welfare Control tax fund to buy the “Through the Years” flea market in Springhill for a proposed County animal shelter.

In other business, JPs approved “housekeeping” ordinances, including the monthly appropriations along with a change in personnel hiring procedures (after waiving the rules), and heard the first reading of an ordinance that organizes and codifies existing Faulkner County ordinances into one document.

Eleven JPs attended; JP Andy Shock (R, Dist. 10) was absent. JP Tyler Pearson (D, Dist. 7) missed the first 45 minutes, coming into the room late. Circuit Clerk Crystal Taylor and Sheriff Tim Ryals were online and County Administrator Tom Anderson was in the room; Faulkner County Prosecutor Carol Crews and Library Director John McGraw briefly logged in as well.

Beginning with the County Treasurer’s Report, County Judge Jim Baker moved quickly through County officer reports after obtaining approval for the June 17 Journal (minutes):

County Treasurer Report

County Treasurer Scott Sanson reported tax revenue for June 2021:

County General: $3,063,424
County Road: $4,279,971
County Road Sales Tax: $3,189,377
Animal Control: $1,736,093
Criminal Justice Sales Tax: $1,519,734

Pointing out County General revenue of $1,035,006, he said

… we’re above where we were in ’19 and ’20… that’s 29.21% above this time last year and we’re trending at 15.73% here today vs. 2020….

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We’re at 56% of our projected revenue of $10.2 million, halfway through the year, so we’re well above where we projected….

JP Tyler Lachowsky verified with Sanson: “The 2021 projected revenue is still at 10.2?” and Sanson replied, “We’re going to stay at 10.2 until we match that 10 points… We had two just really bang-up months; that can’t continue, you know…. ”

After noting that County Clerk Margaret Darter’s report is “in your folder,” Baker asked Ryals for his report.

Sheriff Report

Ryals gave statistics for June:

Avg headcount, Unit 1: 120
(capacity is 118)
Avg. headcount, Unit 2: 94
(capacity is 218)
Avg. headcount, juvenile: 13
(capacity is 16)
Avg. ADC inmates: 50
Total calls to dispatch: 2628
Total calls to Sheriff’s Dept: 1989
Violent crimes: 76
Criminal mischief: 97
Animal calls: 89
Animal citations: 11
Animal warnings: 3
Criminal investigations opened: 101
Criminal investigations closed: 23
Number of transport trips: 121
Total transport miles: 7096

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COVID Concerns in the Jail

Ryals said he’d been “working with the Health Department and everybody … with an increase in our COVID,” and commented that “a lot .. is with detention officers who, some have been vaccinated and are still positive.”

He added the Jail is “isolating inmates as best we can … and doing everything we can with the assistance of our new third-party medical with Turn Key and who has been a tremendous help in this….”

Turn Key Hiring Promises

When JP John Allison (R, Dist. 3) questioned Ryals about Turn Key’s promise to hire the three nurses already on staff when Turn Key took over, County Attorney Phil Murphy stopped the conversation, saying “the issue is in regards to personnel matter and generally we don’t want to discuss personnel matters in full Court….”

After commenting, “I can barely hear,” Ryals was unable to respond to Allison’s question about the very high number of animal control citations in June. JP Randy Higgins (R, Dist. 2) told JPs it was “a hoarding situation.”

After clearing the topic with Murphy, JP Rose Roland (R, Dist. 5) then asked Ryals if the County “is still funding that third one [nurse], or are they no longer employed …?”

Ryals was unable to answer Roland’s specific question, but said, “There will be a point in time in the future where we will no longer, it’s my understanding, be funding any of those positions that Turn Key took over or the ones that they rejected.”

Public Comments

When Baker asked for public comments on agenda items, Susan Shaddox reported that

Donna, Vicky, and I visited the Bentonville Animal Shelter, proposed shelter, and the area… and spoke with the person they have hired — the city of Bentonville has hired — for their animal shelter manager….

Because we are trying to help the Court understand how an animal shelter could be created for Faulkner County.

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Animal Shelter Documents

Clawson distributed copies of some of the documents from Bentonville’s current animal shelter proposal, including job descriptions and an “Animal Shelter Timeline,” along with a copy of the 2013 Chanute Animal Shelter Business Plan from Kansas State University.

Clawson explained, “A decision needs to be made about who would run the animal shelter,” and said the manager — who “needs to be in place before January to set up a plan” — would prepare a business plan together with “the board.”

Responding to Roland’s question, Clawson said it was “a separate organization” that started a 501-C to operate the proposed Bentonville shelter. Shaddox clarified that the “animal services manager is an employee of their City,” adding that Bentonville appropriated “some money for their budget,” and a “friends group … will go after grant money and do fundraisers to support them.”

Clawson added,

The board will take a lot off the Quorum Court because you appoint a board and then they can narrow down and look for just the right manager … if you don’t find just the right manager, it’s going to fail. You have to have somebody with a passion and somebody with knowledge and somebody that can work with other people and work with different shelters….

County Extension Report

County Extension agent Keith Lawson gave his last report, explaining that he “has been promoted to Ozark District Director” covering 25 counties in northwest Arkansas. He will hire his replacement “hopefully within the month.”

Lawson reported on the activities of the four Extension agents in the office, adding that because the 4-H program had taken a hit during COVID they are working on building that program back up. He mentioned another one of their programs, “Grow Your Own Groceries,” had been expanded state-wide “and it’s really been a huge success.”

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Ordinance 21-20, Appropriations

After a full reading of the Ordinance and with no discussion – even after Baker asked, “Got any questions about that $2.2 million?” — JPs unanimously voted by roll call to approve the routine monthly appropriations.

Referring to the $2.2 in FEMA “flood buyout” money, Higgins explained, “We covered pretty well in the Budget & Finance committee…” (There was no discussion about this item at the July Budget & Finance committee meeting.)

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Ordinance 21-21, Codification of Ordinances

On Higgins’ motion, seconded by Lachowsky, JPs discussed the organization and codification of existing Faulkner County ordinances — a project spearheaded by JPs Tyler Pearson (D, Dist. 7) and Lachowsky, who had both remarked about the difficulty of searching and/or locating various specific ordinances, because the documents have been kept only in chronological format at the County Clerk’s office as they’ve been approved, with no subject matter indexing or cross-referencing for topics.

Lachwsky explained that the Association of Arkansas Counties “got it done” and will update the document every five years “when we send them a package of ordinances that we’ve passed.”

Responding to questions from JP Matt Brown (R, Dist. 8) Murphy explained the compilation was available via “a Word document and a .pdf,” and when adopted,”will become County law.” He added that AAC had “graciously binded several [hard] copies for us as well.”

Lachowsky added, “Hopefully, with the graces of the Judge and our IT Department, this will end up on the website here before too long,” but neither Baker nor Murphy made any hard promises on how the document would be published online.

When Brown asked about the online publishing service for ordinances, Municode.com, that Murphy had mentioned earlier “in the interest of transparency,” Murphy said,

I don’t have an idea, haven’t really looked at that, but … I think it’s something the County Judge’s office or my office would be able to look into to be able to provide that service to help publish and make sure that the ordinances were available for everyone to see….”

Again responding to a question from Brown about errors or omissions in the codified document, Murphy also said any errors could be “amended through ordinance,” and that the original ordinances remain the final authority (not the codified version).

JP Kris Kendrick (R, Dist. 9) asked why the Ordinance includes an emergency clause, prompting Lachowsky and Murphy to both indicate there was no need for immediate passage, then Brown moved to strike the emergency clause, to give JPs time “to review” the first-time codification document “before we pass it.” With Lachowsky’s second, the Court unanimously voted by voice to strike the emergency clause.

Ordinance 21-21 will be read a second time at next month’s Quorum Court meeting.

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Ordinance 21-23, County Hiring Procedures

Pearson joined the meeting in the room about the time JPs began discussing Ordinance 21-23 that adjusts the personnel hiring procedure to allow County job applicants to apply directly to the County HR Department, rather than applying only through Arkansas Workforce Services, as has been the case in the past.

The Ordinance also specifies that all job openings will be listed with the Arkansas Employment Security Department and posted on the County website.

JP Justin Knight (R, Dist. 1) asked if an emergency clause could be added to enact the Ordinance immediately, spurring Kendrick to ask County elected officers if “this is something that’s an immediate need.”

Baker said

It’s not a big need to be passed today, but with the hiring of our HR Department, we discovered that we can’t even take applications in the office; they have to feed through Workforce management … we can’t even advertise on Indeed….

Ryals replied that he “would support” an emergency clause, adding that when the Sheriff’s Office “advertised with Indeed, we had over 100-something applicants for detention officers … that was very exciting for us to see…”

After Higgins moved to “suspend the rules and vote on this tonight” (with Kendrick’s second), JPs voice voted unanimously to approve that motion and then voted by roll call to approve Ordinance 21-23.

Ordinance 21-24, Purchase of Building for Animal Shelter

When Roland opened the discussion by asking Baker, “Is this purchase of this building, was this something that you came up with? Was this your idea?”, Baker replied

I stumbled onto it, OK? The property was not for sale, OK? Had no signs or anything up, and we were looking across the road … were told this building was for sale, and three days later they called and said they would accept….

Roland laid out her financial concerns, saying “I’ve never been against an animal shelter…. Last month, we as a Quorum Court spent 500,000 extra dollars on a five-month program for medical needs in our Sheriff’s Department … and I’m not sure that’s a wise use of our money for five months.

There’s so many needs in the County, so my concerns are … I’ve wanted a business plan….

My preference would be to see a 501-C take this and run with this, because I don’t think that a county government can put the passion into it that a 501-C can…. I’m hoping that this will work out…

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Ordinance sponsor JP Jerry Boyer (R, Dist. 12) called for a point of order, saying “The Ordinance is to purchase property, not to develop a plan of operations and maintenance…” but Roland reiterated

I would never go to buy a house without knowing how you’re going to pay for it. I think that it is only responsible that this Court discuss the financial situation of what … we could face in the future….

When Baker pointed out that Ordinance 21-24 refers to the “Animal Control fund, in all fairness … not County General or anything else,” Roland said, “I agree and I will vote for this tonight because I believe it is needed; I just want to voice my opinion on where I stand in the future…”

Appraised at $550,000

After Baker informed JPs that Coats Appraisal had valued the property at $550,000, Kendrick added, “I had a couple of realtor friends look at this, and this property has actually been listed multiple times since 2018. One of those times was the better part of six months and it was for sale for $475,000 and it was taken off the market every time … and it was listed below what the appraisal came in and they weren’t able to get that [sell it for that], so that’s just a word of caution….”

No Vote for Renovation Until There’s a Plan

Allison indicated he would “vote to purchase the property,” but added, “What I cannot vote for is the next $900,000 until we have a solid plan that’s paid for, where I do not have to break my vow to my constituents that I will not increase taxes in Faulkner County….”

After Higgins said he supported the measure, Baker again commented

When we negotiated the price, the price was higher than what we thought. We negotiated based on taking possession, physical possession on February the first, which would get us into another budget year.

So, between now and February the first and all, we’re looking at another cycle and, if you know, the cost is prohibited and all then we’ll have to look at other reasons or other excuses, but tonight we’re looking at buying….

If we can’t agree on how to run it, we’ll sell the damn thing.

Circuit Clerk Taylor added that she agreed “with Justice Roland and everyone else that’s expressed their opinion about the plan and how it’s going to be paid for….” and confirmed that maintenance and upkeep on the property/building would now be the County’s responsibility paid from the Animal Control fund.

After Higgins had moved for passage and Boyer seconded, JPs voted by roll call 11-1 to approve Ordinance 21-24. Kendrick voted “no.”

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Announcements

Baker thanked the Faulkner County Master Gardeners for their work, and Boyer recognized Wooster resident Kayle Browning for winning the silver medal in clays shooting at the Tokyo Olympics.

Baker: COVID Concerns

Baker, citing rising numbers of cases of COVID/Delta variant in the county, asked, “Does this Court wish that we do anything different?”

However, he was unable to answer audience member Scotty Keller who asked, “How many of those people who are testing positive have been vaccinated, or are they the ones who have not been vaccinated?”

After Knight asked about “giving employees another opportunity to get vaccinated,” Anderson responded, “At this time, the vaccines are available about anywhere you want to get it…”

Allison added, “I’ll tell you, the vaccine works. I will stand up here and say that the vaccine is effective; it does work. I am telling everybody it’s up to you. You do your own research. You decide for yourself….

I got the vaccine; I encourage others to get vaccinated… I’m not going to hate people for not getting vaccinated; I’m not going to condemn people for getting vaccinated…”

Pearson said he

would absolutely love to see the County take a leadership role in encouraging more vaccinations, more organizations, more municipalities, more people in leadership, our state legislature to do more to protect the citizens of Faulkner County….

I would love to see this Court take up a resolution encouraging the state Legislature to overturn the statewide mask mandate.

I would love to see the joint task force that this County was a part of with the City of Conway and multiple other organizations reconvene.

I would love to see this County utilize the government relief money that we have sitting in the bank to try to find creative and innovative ways to encourage people to get vaccinated … I don’t care, I would love to see this County take a leadership role, yes!

After several moments of silence, Baker remarked that he is

uncomfortable when I’m around people that I really don’t know…. I think this surge is not going to be over with tomorrow…. You know somebody’s not vaccinated, you’re trying your best to encourage them to be vaccinated or at least say goodbye to them because it’s not pulling any favors, this virus….

Upon Kendrick’s motion, the meeting then adjourned.

2021-07-20 JULY Quorum Court

Videos edited from original video on Faulkner County’s YouTube channel.)

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