Court Approves 4 of 5 ARP Funding Requests in October

A familiar scene played out at the October QC meeting as fiscally conservative JPs again argued for a comprehensive approach to spending the County’s ARP funds — in this case, funding for nonprofits spurred the discussion. However, they failed to convince the majority and JPs eventually voted to approve four more ARP funding requests — after first voting to remove the emergency clause from one Ordinance but then moving through all three readings at once.

JPs have been appropriating from the County’s $24 million in ARP funds since June in an “as-presented” fashion, but have not yet looked to set aside any of these one-time funds for larger, critical needs looming over the County such as a new jail, 911 consolidation, and how to pay for ongoing operations of a new animal shelter.

The lack of a cohesive approach to an overall plan for ARP funds seems to be a constant refrain leading to constant confusion at Committee and Quorum Court meetings. Yet so far, only one very recent ARP funding request has not received the Court’s blessing: at October’s meeting, JPs did not pass Ordinance 22-47, ARP Funds: Guy Water Service, for $190,000.

September Financials & Sheriff’s Report

At the October 18 Quorum Court meeting, Jennie Felling, Chief Deputy in the County Treasurer’s office, first reported the September balances for “big five” revenue accounts plus the County ARP funds:

County General: $3,339,288
County Road: $2,908,152
County Road Sales Tax: $3,878,225
Animal Control: $1,416,236
Criminal Justice Sales Tax: $2,399,536
CARES Act Fund: $1,070,346
ARP Fund: $23,371,269

September sales tax revenue is $1,162,764 and overall revenue stands at 86% of projected 2022 revenue.

Chief Deputy Chad Wooley read parts of the September Sheriff’s activity report before JPs gave Committee reports and considered five ARP funding Ordinances plus monthly appropriations.

Judge H.G. Foster used public comment time to implore the Court to approve ARP funding for the Stop DV nonprofit (Ordinance 22-43).

Ordinance 22-46, Appropriations

Ordinance Ordinance 22-48, ARP Funds: Coroner

These two Ordinances quickly passed unanimously with no discussion.

Ordinance 22-45, ARP Funds: Vilonia Waterworks

After JP Justin Knight (R, Dist. 1) explained that Vilonia Waterworks lost a pump in July and needs repairs affecting about 150 homes, JP Sam Strain (R, Dist. 4) said he’s “very concerned” that ARP applicants are not applying for other available funds. “It’s unfortunate,” he said, that the local utilities have not been budgeting for repairs on their aging equipment.

JP Tyler Lachowsky (R, Dist. 6) asked about Vilonia Waterworks setting aside emergency funds, and when JP Kris Kendrick (R, Dist. 9) asked about plans for funding capital expenditures, Vilonia Waterworks said they had “some other” funding “stuff on the table but that’s going to take a year or so.”

After about 15 minutes’ discussion, JPs passed Ordinance 22-45 with nine “yes” votes. JP Matt Brown (R, Dist. 8), Kris Kendrick (R, Dist. 9), Rose Roland (R Dist. 5), and Strain voted “present.”

Ordinance 22-47, ARP Funds: Guy Water Service

Sponsor JP Justin Knight (R, Dist. 1) explained the City of Guy seeks $190,000 to extend water service to five new homes whose wells are expected to become unusable due to nearby rock quarries depleting the water supply.

Kendrick said he’s concerned that the County is spending ARP funds in a “piecemeal” fashion, and said, “Unlike some of these project that do have other ways of requesting money … and passing along those costs, the County cannot go without” funding for major projects like the 911 consolidation and a “maximum security unit for our most violent offenders.”

After another 15-minute discussion, JPs voted against Ordinance 22-47, with Lachowsky and JP Andy Shock (R, Dist. 10) voted “no” and Kendrick, Roland, and Strain voting “present.”

Ordinance 22-43, ARP Funds: Stop DV

As a Board member for the Stop DV nonprofit, JP Randy Higgins (R, Dist. 2) said he would recuse from the vote but would “reserve the right to advocate for” Ordinance 22-43. As the meeting continued, it was obvious that he and a couple others JPs opposed the “overall approach” to nonprofit requests that Kendrick, Lachowsky, Roland, and Strain have promoted.

When Roland proposed to address the existing nonprofit ARP funding requests as a package, similar to how the County handles each year’s requests for funding for nonprofits during the annual budget process, JP Jerry Boyer (R, 12) argued, “This is not a request for budgeting for next year … this is a one-time gift … we’re not budgeting. This is not going to come up again at the end of the year … we’re talking about Ordinance 22-43 right now, which is budgeting of ARP right now, not at the end of the year…”

Roland responded, “With the County General money we do budget County business first. And that’s one of the last things that we do (nonprofit requests)… I wasn’t trying to mix ARP money with County General money….”

Kendrick then moved to table the Ordinance but that motion failed (although JPs Brown, Kendrick, Lachowsky, John Pickett (D, Dist. 11), Roland, and Strain voted “yes” to table).

Higgins and JP Tyler Pearson (D, Dist. 7) urged approval, with Higgins saying:

What I’ve heard a lot of tonight is how not to help people. And I really thought that ARP was to help people, whether it’s infrastructure or the nonprofits…. The discussion has leaned towards excuses not to help people and not to address immediate needs…

Lachowsky questioned the Ordinance’s “emergency” status because the funding request asks for “$30 to $40,000 per year” for three or four years. Kendrick’s questions revealed that the request was made because Stop DV will lose their funding for a key administrative position in October 2023; they haven’t yet asked Conway or any other entity for other available relief funds.

Remove Emergency Clause

JP John Allison (R, Dist. 3) moved to remove the emergency clause (and require three readings), saying he was worried the Ordinance “might not get nine votes” to pass. JPs voted 8-5 to remove emergency clause, with JPs Allison, Boyer, Brown, Justin Knight (R, Dist. 1), Jake Moss (R, Dist. 13), Pickett, Shock, and Strain voting “yes.” JPs Higgins, Kendrick, Lachowsky, Pearson, and Roland voted “no.”

Ordinance 22-44, ARP Funds: COHO

Dr. Phil Fletcher from COHO addressed the Court:

This money came down because of what happened (COVID) and how it impacted actual flesh and blood people …. some of that stuff you’re arguing about I’m assuming should have been budgeted for anyway if there would have been no pandemic. You’ve been talking about the jail for years. Surely 911 was not a surprise.

Fletcher said the Court should “stay here tonight and read the other two (readings for the Stop DV Ordinance) because it’s the right thing to do.” When he said “… the lack of planning for this, is that the responsibility of the nonprofits?” Roland responded, “No, it’s the responsibility of the Court and that’s why we need a grand plan.”

Fletcher argued the County should approve nonprofit applications “as they are being submitted, not because the County was not prepared to execute” a plan, and Roland responded, “I would like to get all the nonprofits done and off the table at one time so that we can concentrate on the remaining unencumbered funds for 911, the jail, and any other projects.”

Pickett moved to amend Ordinance 22-44 to remove the emergency clause but the amendment failed with only Pickett, Roland, and Strain voting “yes.”

JPs eventually voted unanimously to approve Ordinance 22-44.

Revisit Ordinance 22-43

Then, amid major confusion and although Kendrick and Lachowsky voted “no,” the Court approved Higgins’ motion via roll call to read Ordinance 22-43 for a second time.

During discussion after that vote, Higgins moved to read Ordinance 22-43 for a third time. When Judge Jim Baker asked for a voice vote, Lachowsky was the only “no” vote.**

Higgins then moved to approve the Ordinance and the Court approved it by roll call vote, with Higgins abstaining and Strain and Lachowsky voting “present.”

Pickett then moved to set November 4 as a deadline for nonprofit applications for ARP funds, which JPs approved by voice vote with Moss and Pearson voting “no.”

November Committee Meetings Rescheduled

When asked if there was any other business, Kendrick suggested that the Court move its November committee meetings from November 8, Election Day, to Monday, November 7. Upon Pickett’s formal motion, JPs agreed by voice vote and then adjourned.

** NOTE: The Arkansas Justices of the Peace Procedures Manual, page 36, requires a “roll call vote on suspension” of the rules to allow a third reading.

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

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