[00:00:06]
WELCOME OUR GUESTS AND STAFF MEMBERS WHO ARE HERE TONIGHT FOR THE AUGUST QUORUM COURT MEETING.
[1. CALL TO ORDER]
WELL, YES. JUSTICE MCCOY IS GOING TO GIVE US AN INVOCATION, AND THEN JUSTICE LEWISON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE, AND THEN WE'LL MOVE ON WITH BUSINESS. MR. MCCOY AND WILL EVERYBODY WHO CAN STAND PLEASE STAND TO JOIN US IN INVOCATION.AND DEAR LORD, WE APPRECIATE THE LOW HUMIDITY TOO.
PLEASE CONTINUE TO BLESS US IN THAT WAY. BLESS US THIS EVENING, DEAR LORD.
HELP US TO HAVE CLARITY AND KNOWLEDGE AND WISDOM AND ON THE ISSUES THAT COME BEFORE US.
BE WITH EACH OF US IN THIS ROOM. AND ESPECIALLY AS WE LEAVE HERE TONIGHT.
THAT WE WOULD BE A BLESSING TO ALL THOSE WE COME INTO CONTACT WITH AND KEEP US SAFE.
IT'S IN YOUR SON'S NAME WE PRAY. AMEN. AMEN.
I WILL SUGGEST AGAIN SO THAT WE CAN GIVE OUR FULL ATTENTION TO THE BUSINESS AT HAND.
JOIN ME IN PLACING YOUR CELL PHONES ON THE BAR.
IF YOU DON'T WANT TO, FEEL FREE TO TEXT AWAY.
BUT I APPRECIATE THAT. MADAM CLERK, CALL THE ROLL FOR US, PLEASE.
MEMBERS, YOU SHOULD HAVE GOTTEN A COPY OF THE MINUTES FROM OUR LAST MEETING. WHENEVER YOU'RE READY,
[5. APPROVAL OF MINUTES]
I'LL ACCEPT A MOTION TO ADOPT. SO MOVED. SECOND.MEMBERS, YOU'VE HEARD A MOTION, YOU'VE HEARD A SECOND. ARE THERE ANY QUESTIONS OR COMMENTS, DELETIONS, OR ADDITIONS TO THE MINUTES FROM LAST MONTH'S MEETING? ALL THOSE IN FAVOR INDICATE SO BY SAYING AYE.
AYE. ANY OPPOSED? NO. THE MINUTES ARE ADOPTED.
MADAM CLERK, READ FOR US NOW THE COMMITTEE REPORT FROM THE AGENDA COMMITTEE.
[6. COMMITTEE REPORT: Agenda Committee]
AUGUST 25TH, 2026. TO THE PRESIDING OFFICER OF THE PULASKI COUNTY QUORUM COURT.WE, YOUR COMMITTEE OF THE AGENDA, TO WHOM WAS REFERRED ITEMS 26-I-56, 26-I-58, 26-I-59, 26-I-60, BEG LEAVE TO REPORT WE'VE HAD THE SAME UNDER CONSIDERATION, AND HEREWITH RETURNED THE SAME WITH THE RECOMMENDATION OF DO PASS.
RESPECTFULLY SUBMITTED, CURTIS A. KEITH, CHAIR.
THANK YOU, MADAM CLERK. AND I'M GOING TO PAUSE FOR A MOMENT, AND I RECOGNIZE WHO WILL BE OUR NEWEST MEMBER OF THE COURT, MR. JOHN HOUSE. DOUG. DOUG HOUSE. I'M SORRY. JOHN IS THE SON.
MR. HOUSE, WELCOME. YOU HAVEN'T BEEN SWORN IN YET, HAVE YOU? NO, SIR. WELL, WELCOME. AND IN SPITE OF WHAT YOU SEE IN THIS PLACE TONIGHT, I HOPE YOU'LL STILL RETURN.
I UNDERSTAND YOU'VE GOT SOME TRAVELING COMING UP AND WISH YOU SAFE TRAVELS.
WELCOME. MEMBERS, WE DON'T HAVE ANY UNFINISHED BUSINESS.
[00:05:02]
MR. HUTCHENS IS GOING TO GIVE THE LEGISLATIVE AUDIT REPORT THAT WE RECEIVED FOR 24.[7. LEGISLATIVE AUDIT REPORT: Mr. Mike Hutchens, Comptroller]
IS THAT CORRECT, SIR? YES, SIR. I APOLOGIZE FOR THE LATENESS OF THIS.ME AND AMY THOUGHT WE DID IT IN FEBRUARY. WE DID NOT.
THERE WERE NO FINDINGS, SO IT'S NOT MUCH TO REPORT.
I KNOW YOU RECEIVED AN EMAIL EARLIER TODAY FROM THE TREASURER THAT SHE DOESN'T PUT A LOT OF STOCK, APPARENTLY IN LEGISLATIVE AUDIT. AND I KNOW WE HAVE SOME LEGISLATORS IN THE ROOM IN FUTURE LEGISLATORS SITTING UP AT THE BAR.
SO MAYBE THAT'S SOMETHING YOU WANT TO LOOK INTO WHEN YOU GET UP THERE.
BUT WE HAD NO FINDINGS. ANY QUESTIONS FOR MR. HUTCHENS? I'VE GOT A QUESTION.
I GUESS, THE COUNTY'S BUSINESS CHARTER.
OKAY. SO THAT'S INCORRECT INFORMATION THEN, I GUESS THAT KIND OF HURTS MY NEXT QUESTION THEN.
YEAH. NOW, DO THEY LOOK AT EVERYTHING? NO. THEY LOOK AT EVERYTHING THIS COURT DOES.
YOU KNOW, WHEN SHE SAID THAT ME AND THE JUDGE MOVED MONEY INAPPROPRIATELY.
OKAY. REMEMBER THOSE COMMENTS? I DO. THAT WAS COMPLETELY INCORRECT.
THEY REVIEW EVERY ORDINANCE AND RECONCILE IT BACK TO ALL THE MONIES.
OKAY. THANK YOU. OKAY. WELL, THAT HELPS. ALRIGHT.
THANK YOU, SIR. YOU'RE WELCOME. THANK YOU. ANY OTHER QUESTIONS ON THE AUDIT? MR. HUTCHENS, DO YOU NEED A MOTION TO ACCEPT THAT? NO, I JUST HAVE TO READ IT. OKAY. THANK YOU VERY MUCH.
WE'LL MOVE ON NOW TO NEW BUSINESS WHICH IS RESOLUTION 26-I-57.
[26-I-57 A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY APPOINTING WILLIAM WESLEY WALKER TO SOLEMNIZE THE MARRIAGE OF NATHANIEL LEE STARK AND KATIE RUTHANN JONES IN PULASKI COUNTY, ARKANSAS, ON SEPTEMBER 19, 2026.]
MADAM CLERK, PLEASE READ IT FOR US WHEN YOU'RE READY.A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY APPOINTING WILLIAM WESLEY WALKER TO SOLEMNIZE THE MARRIAGE OF NATHANIEL LEIGH STARK AND KATIE RUTHANN JONES IN PULASKI COUNTY, ARKANSAS ON SEPTEMBER 19TH, 2026.
MISS CURRY, YOU'RE RECOGNIZED FOR A MOTION. MOVE FOR APPROVAL.
SECOND. MEMBERS, YOU'VE HEARD THE MOTION. YOU'VE HEARD THE SECOND. ARE THERE ANY COMMENTS OR QUESTIONS REGARDING RESOLUTION 26-I-57? THANK YOU. DO YOU HAVE A QUESTION? I DO. SO THE PROBLEM WITH THIS THE SYSTEM.
IF YOUR LIGHTS ARE INITIATED, YOUR MIC HAS TO BE OFF.
WHEN YOUR MIC IS ON, YOU WON'T ACCEPT IT. AND USUALLY IT'S A WHACK A MOLE THING TRYING TO KEEP UP WITH THE MICROPHONE. SO IF THE COURT PREFERS THAT THE MICROPHONES BE OFF SO THAT YOUR BUTTONS WORK, I'M GLAD TO DO THAT. I LIKE IT THAT WAY, BUT.
ANYBODY CARE? IT DOESN'T MATTER TO ME. DOESN'T MATTER.
SOUNDS LIKE GENERAL LACK OF CARING. IF YOU WANT IT OFF OR ON.
YOU CHOOSE. BUT I DO HAVE A QUESTION. GO AHEAD.
I'M SORRY? I DO HAVE A QUESTION. YOU'RE RECOGNIZED FOR THE QUESTION, MISS DAVIS.
DIANE, CAN YOU EXPLAIN THIS? WELL, I WOULD LIKE FOR MR. BLAGG TO EXPLAIN, BUT THEY ARE IN MY DISTRICT.
RIGHT. SO THIS IS ONE OF THE RARE THINGS THAT THE QUORUM COURT DOES.
IS THAT RIGHT? YES. WITHIN THE COUNTY. SO.
AND THEN AFTER THAT WEDDING, IN THE SPECIFIC TIME AND DATE AND PEOPLE, THEN IT CEASES TO BE VALID.
BUT WE HAVEN'T DONE ONE IN A WHILE, BUT WE'VE DONE QUITE A FEW OF THEM OVER THE YEARS.
SO THIS IS NOT ENTIRELY UNCOMMON. THANK YOU. THANK YOU.
ANY OTHER QUESTIONS OR COMMENTS? MADAM CLERK, THERE BEING NONE, PLEASE CALL THE ROLL FOR THE ADOPTION OR THE APPROVAL OF RESOLUTION 26-I-57.
[00:10:31]
1 ABSENT AND 14 AYES. THANK YOU, MADAM CLERK.JUSTICE CURRY, YOU. 13 AYES. 13? OKAY. YOU'VE PASSED YOUR RESOLUTION.
THANK YOU. JUSTICE. MADAM CLERK, PLEASE READ FOR US RESOLUTION 26-I-59.
[26-I-59 A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY AUTHORIZING THE PULASKI COUNTY JUDGE TO SUBMIT AN APPLICATION TO THE ARKANSAS ECONOMIC DEVELOPMENT COMMISSION FOR AN ARKANSAS COMMUNITY ASSISTANCE GRANT.]
26-I-59. A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY AUTHORIZING THE PULASKI COUNTY JUDGE TO SUBMIT AN APPLICATION TO THE ARKANSAS ECONOMIC DEVELOPMENT COMMISSION FOR AN ARKANSAS COMMUNITY ASSISTANCE GRANT.JUSTICE KEITH, YOU'RE RECOGNIZED FOR THE MOTION. I MOVE FOR THE ADOPTION.
YOU'VE HEARD THE SECOND. ARE THERE ANY QUESTIONS OR COMMENTS REGARDING RESOLUTION 26-I-59? THERE BEING NONE. MADAM CLERK, CALL THE ROLL FOR THE ADOPTION OF RESOLUTION 26-I-59.
13 AYES, 1 ABSENT. THANK YOU, MADAM CLERK. JUSTICE KEITH, YOU PASSED YOUR RESOLUTION.
NOW READ FOR US, MADAM CLERK, WHEN YOU'RE READY, RESOLUTION 26-I-60.
[26-I-60 A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY ACKNOWLEDGING THE BALLOT INITIATIVE ALLOWING THE CITIZENS OF JACKSONVILLE, ARKANSAS, TO DECIDE WHETHER TO REPLACE THE CURRENT AT-LARGE CITY COUNCIL VOTING SYSTEM WITH A WARD-BASED SYSTEM.]
A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY, ACKNOWLEDGING THE BALLOT INITIATIVE ALLOWING CITIZENS OF JACKSONVILLE, ARKANSAS, TO DECIDE WHETHER TO REPLACE THE AT LARGE CITY COUNCIL VOTING SYSTEM WITH A WARD BASED SYSTEM.I THOUGHT WE DID THIS ONE LAST.
OKAY. SO WE'VE DONE A RESOLUTION LIKE THIS BEFORE? I MEAN, THIS SOUNDS KIND OF CONFUSING. WE'RE GETTING INTO A VOTE.
WE'RE ENDORSING A VOTE IN THE CITY OF JACKSONVILLE ON THEIR BOARD.
IT IS NOT ENDORSING. IT JUST SAYS YOU'RE ACKNOWLEDGING THAT IT WAS SUBMITTED TO THE CLERK'S OFFICE, SIR. IS THIS YOURS? YES. BY LAW. YOU'RE REQUIRED TO DO THIS BY LAW? YES. IS THAT CORRECT? I'VE JUST NEVER SEEN THIS BEFORE.
I DON'T KNOW IS A LEGAL ANSWER. I DON'T KNOW IS A LEGAL ANSWER.
OKAY. SO THERE IS A PROVISION FOR COUNTY LARGE, AT LARGE ORDINANCES TO RECEIVE SOME TYPE OF AT LARGE BALLOT INITIATIVES TO RECEIVE SOME TYPE OF ACKNOWLEDGMENT FROM THE QUORUM COURT AND STATE.
AND SO THIS IS BEING DONE TO MAKE SURE WE HAVE COMPLIED WITH ALL OUR OBLIGATIONS THAT WE KNOW OF.
IT IS NOT US SAYING WE AGREE, WE SUPPORT. IT IS JUST SAYING THEY FOLLOWED THE LAW.
THAT'S JUST AN ACKNOWLEDGMENT. AS A COURTESY TO OUR MAYORS WHO WE ALWAYS TRY TO GET ALONG WITH, JACKSONVILLE'S MAYOR HAS CALLED AND ASKED THAT WE NOT APPROVE THIS.
SO I PASSED THAT ON. WE'VE ALREADY READ IT, HAVEN'T WE?
[00:15:04]
YOU JUST READ IT, DIDN'T YOU? I DID READ IT, YES.GREAT. IS MISS YOUNG-BAKER HERE? MISS WARD, WOULD YOU LIKE TO MOTION FOR THIS TO BE ADOPTED? YES. I'LL MAKE THE MOTION FOR THE ADOPTION. RIGHT.
RESOLUTION 26-I-60? I BELIEVE AARON WAS FIRST AND THEN WANTED TO MAKE A CALL.
MR. ROBINSON, YOU'RE RECOGNIZED FOR A QUESTION. THANK YOU, JUDGE. SO ONCE AGAIN, BEING A RESIDENT OF JACKSONVILLE, I DO HAVE PROBLEMS WITH THIS RESOLUTION, SPECIFICALLY THE THIRD WHEREAS.
SO IT SOUNDS LIKE THE CITIZENS OF JACKSONVILLE HAVE ALREADY VOTED, WHICH IS NOT THE CASE.
SO THE THIS RESOLUTION BEING TOLD TO US THAT IT IS JUST AN ACKNOWLEDGMENT.
AND IF YOU READ THE WORDS, THE ENGLISH. IT'S FALSE.
ALSO THE CITY COUNCIL OF JACKSONVILLE VOTED AGAINST THIS ISSUE.
I BELIEVE IT IS EITHER A 9 TO 1 OR 8 TO 2 VOTE THAT THEY.
THIS THAT THE CITY COUNCIL DOES NOT WANT WARD BASED.
REPRESENTATION. THEY WANT A CITY BASED ELECTION.
SO I SAY ALL THAT IN THE RESOLUTION IN ITS CURRENT FORM, I DON'T THINK WE NEED TO APPROVE IT, AND I YIELD. MISS DAVIS, YOU'RE RECOGNIZED. CAN WE MAKE A MOTION TO AMEND IT AND TAKE OUT THOSE, SO WE'RE ONLY STATING THAT THEY HAVE COMPLETED WHAT THEY NEED TO, BUT TAKE OUT THE PART WHERE IT INCLUDES THE WHOLE PART OF JACKSONVILLE? SO YOU'RE ASKING IF IT'S APPROPRIATE FOR YOU TO MAKE AN AMENDMENT TO PROPOSE AN AMENDMENT? YES, IT IS. YES. I WOULD LIKE TO MAKE A MOTION TO AMEND THIS RESOLUTION AND TAKE OUT LIKE STRIKE. THE FIRST ONE IS ACCURATE. THE SECOND ONE CAN BE FACTUAL.
THE THIRD ONE COULD BE AN OPINION. SO STRIKE THE THIRD PARAGRAPH THAT AARON STATED.
AND STRIKE THE FOURTH IS MY MOTION. LET ME GET THIS.
YOUR AMENDMENT IS IN THE BODY, NOT IN THE TITLE.
CORRECT. YES, SIR. LET ME GET THERE, PLEASE. THAT'S MY 60.
OKAY. ARE YOU HAVE YOU GOT OPENED UP TO 60? IF I CAN FIND IT IN THIS MIXED UP MESS. TWO.
I DON'T HAVE IT. I HAVE A QUESTION. YOU GUYS HAVE IT IN YOUR BOOK? NO. OH, YOU DON'T HAVE BOOKS? I HAVE IT. IT'S ONLINE.
LET ME SEE WHICH ONE. CAN I ASK A QUESTION WHILE WE TRY TO FIND THIS? TO LET. LET'S, LET'S LET'S TAKE THE TIME TO TRY AND MAKE SURE WE HAVE THIS AMENDMENT CORRECT.
OKAY. JUST BEAR WITH ME. YES, SIR. YOU. KNOW, JUST JUST BECAUSE IT'S OPINION.
MR. BLAGG, I DON'T HAVE 60 IN MY BOOK. I DON'T HAVE IT EITHER.
I NEED THE BODY, NOT THE TITLE. YEAH. JUST YOU CAN CLICK THE BLUE THING. I NEED THE BODY.
THAT'S WHAT I NEED. THERE WE GO. THERE WE GO.
ALL RIGHT. THANK YOU. YOU READY TO COPY DOWN WHAT THE AMENDMENT IS? CERTAINLY. CAN YOU GIVE IT TO US AGAIN, MISS DAVIS, PLEASE? YES. IT'S EVERYTHING EXCEPT. PLEASE STRIKE THE THIRD AND FOURTH, WHEREAS.
THIRD. AND AT LINE 31. IS THAT WHAT YOU'RE SAYING? YES, SIR. LINE 31 THROUGH LINE 43. MADAM CLERK, DO YOU HAVE THAT? YES. DOES EVERYBODY HERE UNDERSTAND CLEARLY WHAT THE AMENDMENT PROPOSED AMENDMENT IS?
[00:20:04]
YES, I HAVE A QUESTION. I HAD A QUESTION ALSO WHETHER IT NEEDS A SECOND.YES, IT NEEDS A SECOND. SECOND. SECOND. WHERE? WE HAVE A MOTION FROM JUSTICE DAVIS. AND WE HAVE A SECOND FROM JUSTICE.
CAPPS IS THAT CORRECT, MISS CAPPS. LEWISON. BLACKWOOD.
LEWISON. LEWISON. GIVE IT TO LEWISON. ONE THREE.
DID ANYBODY OUT THERE? SO THAT'S JUST SAYING THEY MET THE REQUIREMENTS.
FOR THAT. WHY. ARE WE DOING. SO YOU HAVE YOU HAVE IT. MISS. CURRY. YES, I DO WANT I DID WANT TO SAY SO, BUT WE HAD JUSTICE PERSONS HAD ASKED FOR A QUESTION.
I WANTED TO MAKE SURE EVERYBODY GOT WHAT WAS IN FRONT OF THEM.
STRAIGHT JUSTICE PERSON. YOU'RE RECOGNIZED FOR A QUESTION OR COMMENT? YES, I WAS WANTED, PERHAPS DIRECTED AT JUSTICE DAVIS INQUIRING ABOUT THE REASONING FOR STRIKING THE FOURTH, WHEREAS ON LINE 39.
MAY I HAVE THE FLOOR? MAY I HAVE THE FLOOR, JUDGE.
JUDGE. CAN I HAVE THE FLOOR? OKAY. I'LL JUST TAKE IT.
BECAUSE IT IT DOES INSINUATE THAT THE CITY COUNCIL OR WHATEVER, WHATEVER THEY ARE, ARE DIRECTLY CONNECTED TO WHERE THEY THEY LIVE. SO AGAIN, TO ME, IT'S JACKSONVILLE. SO WHATEVER THEY WANT TO VOTE ON AND DO, THAT'S UP TO THEM.
SO I JUST FEEL COMFORTABLE TO VOTE ON THE PART THAT THEY HAVE MET THE T'S OF THE LAW.
BUT I WOULD LIKE TO LEAVE ALL OPINIONS AT LEAST MYSELF TO JACKSONVILLE AND LET THEM, YOU KNOW, DUKE IT OUT. I YIELD. IT JUST SEEMS LIKE FROM LINE 39 TO LINE 43. WELL, IF YOU WANT THAT ONE IN, WE CAN KEEP IT IN IF IT'LL HELP IT GET THROUGH.
WELL, I'M JUST TRYING TO GET SOME UNDERSTANDING, BUT YEAH, I MEAN LET'S SEE.
YEAH. IT DOESN'T NECESSARILY SEEM LIKE AN OPINION, BUT YOU KNOW IT.
JUST TAKE OUT 31. WOULD YOU ALL PLEASE PULL THE MICROPHONE TO YOUR MOUTH SO THAT WE HAVE AN ACCURATE RECORD OF WHAT TOOK PLACE TODAY? TERRY, CAN WE JUST TAKE OUT LINES 31 THROUGH 37, PLEASE? SO SO ARE YOU CHANGING YOUR AMENDMENT? I AM. COULD YOU REPROPOSE IT FOR US? I WOULD LIKE TO CHANGE MY AMENDMENT, PLEASE. WE'RE GOING TO INCLUDE LINES 39 THROUGH 43 AND JUST TAKE OUT LINES 31 THROUGH 37, PLEASE. 31 THROUGH 37. YES, MA'AM.
OKAY. THANK YOU. THANK YOU. QUESTIONS.
EVERYBODY UNDERSTAND THE PROPOSED AMENDMENT? MISS CURRY.
YOU'RE RECOGNIZED. WELL, I'D JUST LIKE TO SAY THAT I'M NOT AGAINST ANY ORGANIZATION THAT WORKED TO HELP PUT THIS RESOLUTION TOGETHER, BUT IT WAS A LITTLE BIT MISLEADING.
I WOULDN'T I WOULDN'T FAMILIAR WITH ALL THE OTHER THINGS THAT HAD GONE ON, JUST LIKE I'M SURE THE REST OF US ARE MAYBE IN THE SAME SITUATION, BUT IT IS A MUNICIPALITY VERSUS THE COUNTY, AND I DON'T FEEL EXACTLY COMFORTABLE SIGNING OFF, ESPECIALLY WITH THE SITUATION BEING WITH THE MAYOR ASKING THAT IT BE PULLED FROM JACKSONVILLE.
THANK YOU. THAT'S MY COMMENT. ADDITIONAL QUESTIONS OR COMMENTS? THERE BEING NONE, MA'AM. YES, MISS DAVIS, YOU WANT TO CLOSE FOR YOUR AMENDMENT IF I CAN.
I WOULD JUST LIKE TO RESPOND TO THAT. OKAY. PLEASE.
I HAVE THE SAME EXACT FEELING. AND THAT'S WHY I DID ASK TO TAKE OUT THE LINE 31 THROUGH 37, BECAUSE IT TAKES AWAY THAT SENTIMENT. AND ALL WE ARE SAYING IS THAT THEY DID WHAT THEY NEEDED TO DO FOR THE LAW, NOT. AND SO WE'RE TAKING OUT THE PART THAT KIND OF GIVES THE THE MORE.
MORE DEFINING IT AND MORE OPINIONATED PIECE. THAT'S JUST I YIELD BACK.
THANK YOU. LOOKS LIKE THERE'S BEING NONE. MADAM CLERK, PLEASE CALL THE ROLL FOR THE APPROVAL OF AMENDMENT NUMBER ONE FOR 26 RESOLUTION 26 I 60. I GOT THAT RIGHT. GOOD.
[00:25:07]
SO IT'S 26 I 60, AS AMENDED. THE AMENDMENT? NO.WE'RE VOTING ON JUST JUST THE AMENDMENT NOW. JUST THE AMENDMENT.
WE HAVEN'T WE HAVEN'T VOTED ON THE ON THE ITEM YET.
OKAY. AND THE AMENDMENT IS STRIKING LINES 31 THROUGH 37.
YES, MA'AM. CORRECT. OKAY. MISS DAVIS? YES. MISS CAPPS, I MISS LEWISON.
YES. MISS BLACKWOOD, I, MR. PETERSON. YES, MISS MASSEY, I MISS CURRY I MR. KEITH. YES. MISS WARD. YES. MR. ROBINSON I MR..
MCCOY. YES. MR.. ELLIOTT. YES, MR.. MATLOCK I MEAN, MISS MIDLER.
MY APOLOGIES, MY APOLOGIES. 13 AYES, ZERO NAYS FOR THE AMENDMENT. THANK YOU, MADAM CLERK. JUSTICE DAVIS.
YOU'VE GOT YOUR AMENDMENT APPROVED. MEMBERS. NOW WE'RE ON 26 I 60, AS AMENDED.
ARE THERE ANY QUESTIONS OR COMMENTS ON. 26 I 60 AS AMENDED.
THANK YOU. SEND IT TO THE REPORT AS AMENDED. YOU'RE TRYING TO SEND IT TO THE QUORUM COURT AS AMENDED. APPROVED AS AMENDED. APPROVED AS AMENDED.
THANK YOU. I, I THOUGHT WE WERE ALREADY HERE.
MAKE THAT MOTION AS AMENDED. ALL RIGHT. ANY NO QUESTIONS, MADAM CLERK.
THERE. LOOKS LIKE THERE ARE NONE. PLEASE. MOTION AS AMENDED.
WOULD YOU PULL THE MICROPHONE TO YOU? WE STILL NEED THE MOTION TO ADOPT, AS AMENDED.
I THOUGHT I THOUGHT WE JUST. OH, WE DON'T HAVE.
I THOUGHT WE HAD THAT MOTION. I MOVED FOR THE ADOPTION OF THE AMENDMENT THAT WE JUST AMENDED.
OKAY, GREAT. THERE'S THERE'S THERE'S THE MOTION.
DO WE GET A SECOND? SECOND. GREAT. YOU'VE HEARD THE MOTION.
YOU'VE HEARD THE SECOND. QUESTIONS? THERE STILL ARE NONE.
MADAM CLERK, PLEASE CALL THE ROLL FOR THE ADOPTION OR THE APPROVAL OF 26 I 60, AS AMENDED.
THAT'S A RESOLUTION. MISS MEDLOCK. MR. ELLIOTT? NO. MR.. MCCOY. NO. MR..
YES. MR.. KEITH. YES. MISS CURRY. NO. MISS MASSEY, I.
YES. MISS BLACKWOOD AYE, MISS LEWISON. YES, MISS CAPPS, I, MISS DAVIS.
NINE. NINE YESES. FOUR NOS. ONE ABSENT. THANK YOU, MADAM CLERK.
JUSTICE YOUNG-BAKER. WHO'S NOT HERE HAS PASSED HAS GOTTEN HER RESOLUTION PASSED, AS AMENDED.
CONGRATULATIONS. THAT WAS A WADE THROUGH THAT.
SEEMS LIKE OUR AGENDA IS A SLURRY OF CHANGES IN LATE FILINGS AND STRANGE LANGUAGE.
[Additional Item 1]
TO HEAR ITEM. 26. WELL, AND THIS IS STILL A RESOLUTION RESOLUTION 26 I 61.DO I HAVE A MOTION TO SO MOVE BEND THE RULES.
I HEARD THE MOTION. DO I HEAR A SECOND? SECOND.
OKAY, MEMBERS, YOU'VE HEARD THE MOTION. YOU'VE HEARD THE SECOND.
I THINK THAT'S A NON-DEBATABLE MOTION. MADAM CLERK, PLEASE CALL THE ROLL FOR THE MOTION TO SUSPEND THE RULES TO HEAR ITEM 26 I 61 MOTION, MISS DAVIS. YES, MR. MRS CAPPS I MISS LEWISON. YES. MISS BLACKWOOD A PERSON.
[00:30:04]
YES. MISS MASSEY, I MISS CURRY I MR. KEITH? YES.MISS WARD. YES. MR.. ROBINSON. MRS. CURRY BOY.
YES. MR.. ELLIOTT. YES. JUSTICE MEDLOCK. NO.
11 YESES. TWO ABSENT AND ONE NO. THANK YOU, MADAM CLERK.
THE SUSPENSION RULES IS IS APPROVED, MADAM CLERK.
YOU WANT TO PLEASE NOW READ FOR US THE ITEM 26 I 61.
I DON'T KNOW HOW. I DON'T HAVE IT.
JUSTICE OF THE PEACE DISTRICT 10. AND FOR THE CERTIFICATION OF ALL LAWFULLY CAST VOTES FOR THE DEMOCRATIC PRIMARY ELECTION ON MARCH 3RD, 2026. JUSTICE CURRY YOU RECOGNIZE FOR THE MOTION.
I MOVE APPROVAL. SECOND. MEMBERS YOU'VE HEARD THE MOTION.
YOU'VE HEARD THE SECOND. ARE THERE QUESTIONS OR COMMENTS REGARDING RESOLUTION 26 I 61.
MR. CHAIR, I'D LIKE TO MAKE A COMMENT. MISS CURRY, YOU RECOGNIZED.
YES. I'D LIKE TO SAY THIS IS TRULY AN EXPRESSION, AND IT'S BEEN ON THE BOOKS WITH DISCUSSION OF THE VOTES NOT BEING RELEASED, ALTHOUGH WE KNOW IT'S IN THE COURT SYSTEM.
BUT I DID RECEIVE AND KNOW SEVERAL PEOPLE FROM DISTRICT 10 THAT REALLY EXPRESS THEY FEEL THAT THEY HAVE THE RIGHT TO AT LEAST KNOW WHAT THE ACTUAL VOTE WAS. AND THAT'S THE REASON WHY I PRESENTED THIS RESOLUTION.
AND ITS ONLY THAT EXPRESSION THAT I WANTED TO MAKE AN EFFORT.
OKAY. WASN'T THERE AN ISSUE FROM THE COURT TO NOT COUNT THOSE VOTES? SO DO WE JUST WANT TO DO THIS, OR DO WE THINK THAT WE CAN OVERRIDE A CIRCUIT COURT HERE? WELL, I'M JUST ASKING, I DIDN'T. CAN I JUST COMMENT FURTHER? I DID NOT KNOW THAT IT WAS IN THE COURT ORDER ITSELF.
IF I NEED TO PULL THE ORDINANCE, PULL THE RESOLUTION, IT STILL IS AN EXPRESSION FROM THE PEOPLE.
THE PEOPLE SPEAK JUST LIKE PEOPLE ARE HERE TONIGHT TO SPEAK.
AND EXCUSE ME, WITH THE SELLOUT SIGN, YOU CAN TAKE IT DOWN.
EXCUSE ME. YOU CAN TAKE IT DOWN. MA'AM? NO SHOUTING OUT NOW, NO SPEAKING OUT.
PLEASE RESPECT THE DECORUM OF THE ROOM. BUT IT IS AN EXPRESSION.
SO IF I DO NEED TO PULL IT BACK BECAUSE OF THE COURT ORDER, I'M WILLING TO DO THAT.
BUT IT IS AN EXPRESSION FROM THE PEOPLE THAT VOTED IN THOSE ELECTIONS.
AND THEY WANT TO KNOW. JUSTICE WARD, YOU'RE RECOGNIZED.
I'M JUST TRYING TO FIGURE OUT WHAT'S YOUR INTEREST FOR DISTRICT 10? IF YOUNG-BAKER REPRESENTS DISTRICT 10, HOW DID THAT BECOME YOUR INTEREST? I CAN JUST SAY THAT SEVERAL PEOPLE FEEL LIKE STILL THEY'RE NOT BEING TOTALLY REPRESENTED WITH SEVERAL GROUPS THAT HAVE APPROACHED. I MEAN, I'M NOT AGAINST ANYONE, BUT IF PEOPLE EXPRESS, I FEEL THAT IT IS RIGHT FOR US TO BRING THINGS FORWARD, FOR AT LEAST LET PEOPLE KNOW THAT THERE ARE CONCERNS AND MAYBE THINGS CAN BE WORKED OUT BETTER WITH THE REPRESENTATIVE OF THAT DISTRICT.
WELL, I CAN IF I NEED TO. EXCUSE ME. OTHER COMMENTS OR QUESTIONS REGARDING 26-I-61.
MISS BLACKWOOD. YES. CAN WE GET AN OPINION FROM THE COUNTY ATTORNEY?
[00:35:06]
YES, MA'AM. SO THIS DISTRICT 10 AND SPECIFICALLY THE ELECTION, THE PRIMARY ELECTION THAT WAS HELD ON MARCH 3RD INCLUDED A CANDIDATE. AND I WANT TO BE RESPECTFUL OF THAT CANDIDATE.IF SHE DOESN'T WANT HER NAME SPOKEN, I DON'T WANT TO SPEAK IT, BUT IF SHE GIVES ME PERMISSION, I WILL. A CANDIDATE WAS INCLUDED ON THAT BALLOT.
THAT WAS DETERMINED BY A COURT TO NOT BE ELIGIBLE TO RUN FOR AND OR HOLD OFFICE IN ARKANSAS.
THAT DOESN'T PRECLUDE FEDERAL ELECTIONS CAN'T RUN FOR THOSE.
BUT THAT ORDER WAS ISSUED BY OUR CIRCUIT COURT ON FEBRUARY 2ND OF THIS YEAR.
IT WAS ISSUED BY OUR 11TH DIVISION AND IT SPECIFICALLY STATES.
OKAY. THANK YOU. THE THE PULASKI COUNTY BOARD OF ELECTION COMMISSIONERS ARE HEREBY ORDERED TO ABIDE BY THE RULING OF THE COURT, AND THE RULING OF THE COURT WAS TO EXCLUDE THAT CANDIDATE FROM THE BALLOT AND OR DO NOT COUNT VOTES CAST FOR THAT CANDIDATE. THE REASON WHY IT WAS TWOFOLD IS BECAUSE BY THE TIME THE ORDER CAME DOWN, THE PROVISIONAL BALLOTS HAD ALREADY BEEN SENT. IT WAS TOO LATE TO REMOVE THAT CANDIDATE FROM THE BALLOT.
AND SO THE ELECTION COMMISSION ABIDED BY A COURT ORDER AND DID NOT COUNT THOSE VOTES.
SO WHEN WE SAY THAT COUNT ALL VOTES, ALL LEGAL VOTES WERE COUNTED, ALL VOTES CAST FOR A LEGAL CANDIDATE WERE COUNTED TO FOR FULL DISCLOSURE, BECAUSE I WANT TO BE VERY TRANSPARENT.
THAT CASE IS BEING APPEALED. YES, IT IS CURRENTLY BEFORE THE SUPREME COURT.
THERE IS NOT A STAY IN PLACE, MEANING THERE'S NOT A STAY OF THIS ORDER IN PLACE, MEANING PULASKI COUNTY ELECTION COMMISSION STILL HAS TO COMPLY WITH THIS ORDER, AND THE SUPREME COURT DECLINED TO GIVE AN EXPEDITED REVIEW OF THIS ISSUE.
OKAY, SO LET ME I'M CONFUSED. SO LET ME ASK A SIMPLE QUESTION.
I JUST WANT TO KNOW WHAT TIME IT IS, NOT HOW TO MAKE THE WATCH. YES, SIR. IS THERE A CIRCUIT COURT ORDER TO NOT COUNT THESE VOTES? TO NOT COUNT VOTES CAST FOR YOU? DOES THAT ANSWER YOUR QUESTION? YES. AND IF I NEED TO PULL IT BACK, I'M GOOD WITH THAT.
WHATEVER I NEED TO DO. WELL, WE'RE. IT'S UNDER CONSIDERATION, MA'AM.
SO ARE THERE ANY ANY OTHER QUESTIONS OR COMMENTS THAT YOU ALL WANTED TO MAKE ON ON 26 I 61.
MISS MEDLOCK. NO. MR.. ELLIOTT. NO. MR. MCCOY.
MISS WARD? NO. MR. KEITH. NO. MISS CURRY. NO.
THANK YOU, MISS MASSEY. NO. MR. PEARSON. NO.
MISS BLACKWOOD. NO. NO. MISS CAPPS. NO. MISS DAVIS PRESENT. THANK YOU.
TEN NOS. TWO PRESENT, TWO ABSENT.
I'M SORRY. I SAID TEN NOS. TWO PRESENT, TWO ABSENT.
OH, YOUR YOUR STAFF IS MAYBE WANTS TO GIVE YOU A COPY.
NAH IT'S 9234562 TEN. NO WE GOT SOMEBODY. NOW THAT THEY SEE AARON LEFT AARON HAD TO GO. I DID PRESENT AND I DID PRESENT. LET'S JUST GET IT RIGHT.
TEN PRESENT. I MEAN, SORRY. TEN NOS. TWO PRESENT, TWO ABSENT.
THANK YOU, MADAM CLERK. JUSTICE CURRY. RESOLUTION.
[00:40:04]
FAIL. THANK YOU, MADAM CLERK. JUSTICE CURRY. THAT RESOLUTION IS NOT PASSED.NOW, MADAM CLERK, PLEASE READ FOR US RESOLUTION 26 I 62.
A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY, CONFIRMING THE APPOINTMENTS OF WHAT YOU GOT.
GET THEM ONE AT A TIME. I I'M SORRY. I NEED A MOTION TO SUSPEND THE RULES TO HEAR ANOTHER LATE ITEM.
[Additional Item 2]
SO MOVED. SECOND. MEMBERS. YOU'VE HEARD A MOTION.YOU'VE HEARD A SECOND. IT'S NON-DEBATABLE. MADAM CLERK, PLEASE CALL THE ROLL FOR THE APPROVAL OF A SUSPENSION OF THE RULES TO HEAR ITEM 26 I 62 MISS DAVIS YES, MISS CAPPS I.
YES, MR. MISS BLACKWOOD I MR. PERSON YES, MISS MASSEY I MISS CURRY I MR.. KEITH YES. MISS WARD. YES. MR.. MCCOY YES.
MR.. ELLIOTT YES, MISS MATLOCK I.
12 EYES, ZERO NAYS. THANK YOU, MADAM CLERK. MEMBERS, YOU.
YOU'VE APPROVED THE SUSPENSION OF THE RULES TO HEAR ITEM 26 I 62.
MADAM CLERK, WILL YOU READ THAT FOR US NOW? A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY, CONFIRMING THE APPOINTMENTS OF MR. KEITH COOK AND MR. GERALD TUCKER, AND THE REAPPOINTMENT OF MR. DOUG DAR TO THE RUNYON ACRES FIRE PROTECTION DISTRICT NUMBER TEN BOARD OF COMMISSIONERS FOR A TERM TO EXPIRE MARCH 31ST, 2029. JUSTICE MCCOY. YOU'RE RECOGNIZED FOR THE MOTION.
SO MOVED. MOVED TO THE ADOPTION. SORRY. SECOND.
JUDGE. ARE THEY HERE TONIGHT? SO. OKAY. THERE BEING NONE.
MADAM CLERK, WILL YOU PLEASE CALL THE ROLL FOR THE ADOPTION OF RESOLUTION 26 I 62.
JUST A SECOND. THANK YOU. MISS MATLOCK. MR.. ELLIOTT? YES. MR.. OH. THIS IS. I'M SORRY. MY PAGE AT STOWERS ON IT.
MR. MCCOY. YES. MISS WARD. YES. MR.. KEITH. YES.
MISS CURRY. I MISS MASSEY. MR. PERCY. YES, MISS BLACKWOOD.
I MISS LEWISON. YES, MISS CAPPS. MISS DAVIS. YES.
12 EYES, ZERO NAYS, TWO ABSENT. THANK YOU, MADAM CLERK AND JUSTICE MCCOY.
LOOKS LIKE YOU'VE MADE THE PEOPLE OUT THERE IN RUNYON ACRES HAPPY.
MEMBERS. NOW, I NEED A MOTION TO SUSPEND THE RULES TO HEAR RESOLUTION 26 I 63.
[Additional Item 3]
IT'S ALSO A LATE FILING. SO YOU'VE HEARD THE MOTION.WE JUST DID 63. THAT WAS 62, 62, 66. OH, WE JUST WE JUST HEARD 62 FROM JUSTICE MCCOY.
WE'RE NOW ON ON NUMBER 26 I 63 IT'S JUSTICE MEDLOCK.
OKAY. FIRST THING 63 AND THIS IS TO SUSPEND THE RULES TO HEAR THIS ITEM.
OKAY, REMEMBER I GOT IT. YEAH, YEAH YEAH YEAH, I BELIEVE THIS.
YES, MA'AM. WE'RE GETTING PAID BY THE WORD. BY THE WORD.
TONIGHT. MISS DAVIS? YES. MISS CAPPS, I MISS LEWISON.
YES, MISS BLACKWOOD, I. MISTER PERSON YES, MISS MASSEY, I.
MISS CURRY I. MISTER KEITH. YES. MISS WARD. YES.
[00:45:08]
MISTER MCCOY. YES. MISTER ELLIOTT. YES, MISS MATLOCK I 12 EYES, TWO ABSENT. THANK YOU, MADAM CLERK. MEMBERS. YOU'VE APPROVED THE SUSPENSION OF THE RULES TO HEAR ITEM 26.I 63 SO, MADAM CLERK, NOW, WHEN YOU'RE READY, READ FOR US THAT ITEM 26 I 63.
A RESOLUTION OF THE QUORUM COURT OF PULASKI COUNTY, CONFIRMING THE APPOINTMENT OF MR. LUIS CALDERON TO THE MULTI-PURPOSE CIVIC CENTER FACILITIES BOARD FOR A TERM TO EXPIRE OCTOBER 31ST, 2030. THANK YOU, MADAM CLERK JUSTICE MEDLOCK YOU RECOGNIZED FOR THE MOTION.
I MOVE FOR THE APPROVAL. SECOND. AS YOU'VE HEARD THE MOTION, YOU'VE HEARD THE SECOND.
ARE THERE ANY QUESTIONS OR COMMENTS REGARDING 26? I 63. JUDGE. I DIDN'T KNOW IF HE MADE IT. I DID SPEAK TO HIM EARLIER.
AND I DON'T KNOW IF HE HAD A CHANCE TO MAKE IT OR NOT.
BUT ANYWAY LOUISE IS A NORTH LITTLE ROCK RESIDENT.
THANK YOU. THANK YOU. ANY QUESTIONS? FURTHER COMMENTS? THERE BEING NONE, MADAM CLERK, LET'S CALL THE ROLL FOR THE ADOPTION OR THE APPROVAL OF RESOLUTION 26 I 63.
MISS MEDLOCK. AYE. MR. ELLIOTT. YES. MR. MCCOY? YES. MISS WARD. YES. MR. KEITH? YES, MISS CURRY.
I MISS MASSEY. I, MR. PEARSON. YES, MISS BLACKWOOD, I MISS LEWISON.
YES, MISS CAPPS, I MISS DAVIS, YES. 12 EYES, TWO ABSENT.
THANK YOU, MADAM CLERK. JUSTICE MEDLOCK YOU PASSED YOUR RESOLUTION.
[26-I-58 AN ORDINANCE AMENDING ORDINANCE 25-OR-52 (2026 ANNUAL BUDGET, PULASKI COUNTY, ARKANSAS) TO RECOGNIZE AND APPROPRIATE DRUG COURT FOUNDATION GRANT FUNDS FOR THE 11TH DIVISION CIRCUIT COURT.]
58. Y. SIX.JUSTIN, DO YOU HAVE A COPY OF. 26 I 58 THAT YOU CAN SHARE WITH THE CLERK, PLEASE? OH. DO YOU HAVE IT? I HAVE IT, I JUST DIDN'T, I DIDN'T HEAR YOU SAY READ IT.
I'M SORRY, I'M SORRY. YES, WE'RE DONE WITH THE LATE FILINGS.
OKAY. ALL RIGHT. SO AN ORDINANCE AMENDING ORDINANCE 25 OR 52, 2026 ANNUAL BUDGET, PULASKI COUNTY, ARKANSAS TO RECOGNIZE AND APPROPRIATE DRUG COURT FOUNDATION GRANT FUNDS FOR THE 11TH DIVISION CIRCUIT COURT.
JUSTICE LEWISON, YOU'RE RECOGNIZED FOR YOUR MOTION.
MOVE FOR THE ADOPTION. SECOND. SECOND. SECOND.
THERE BEING NONE. MADAM CLERK, PLEASE CALL THE ROLL TO ADOPT ORDINANCE 26 I 58.
MISS MATLOCK I MR. ELLIOTT YES. MR.. MCCOY YES.
YES, YES I MISS MASSEY I MR. PERSSON YES.
MISS BLACKWOOD I MISS LEWISON YES, MISS CAPPS I MISS DAVIS, YES.
12 EYES, TWO ABSENT. JUSTICE LEWISON, YOU PASSED YOUR ORDINANCE.
CONGRATULATIONS. MADAM CLERK. SO NOW LET'S GO BACK.
I MISS MISSPOKE. WE HAVE ONE ADDITIONAL LATE FILED ITEM MEMBERS.
[Additional Item 4]
AND THAT'S GOING TO BE FOR ORDINANCE 26 I 64.OH AND MEMBERS I'LL I'LL ACCEPT A MOTION TO SUSPEND THE RULES WHENEVER SOMEONE'S READY.
[00:50:05]
SO MOVED. I DIDN'T SEE WHO THAT WAS. THANK YOU, MISS DAVIS.IS THERE A SECOND? SECOND. MEMBERS. YOU'VE HEARD THE MOTION.
YOU'VE HEARD THE SECOND. MADAM CLERK, WILL YOU PLEASE CALL THE ROLL TO APPROVE SUSPENDING THE RULES TO HEAR ITEM 26 I 64, MISS DAVIS. YES, MISS CAPPS, I MISS LEWISON. YES, MISS BLACKWOOD I MISTER PERSON.
YES, MISS MASSEY, I MISS CURRY I. MR. KEITH. YES.
MISS WARD. YES. MR.. MCCOY. YES. MR.. ELLIOT.
YES, YES, MISS MATLOCK, I 12 EYES, TWO ABSENT.
THANK YOU, MADAM CLERK. NOW ORDINANCE 26, I 64.
AN ORDINANCE DECLARING A TEMPORARY 90 DAY MORATORIUM ON THE ACCEPTANCE, PROCESSING REVIEW AND APPROVAL OF ALL NEW AND EXISTING APPLICATIONS FOR PERMITS, ZONING AMENDMENTS AND SITE PLANS FOR HIGH INTENSITY DIGITAL INFRASTRUCTURE PROJECTS IN THE UNINCORPORATED AREAS OF PULASKI COUNTY. THANK YOU, MADAM CLERK.
MEMBERS. I'LL ACCEPT A MOTION. JUSTICE BLACKWOOD YOU RECOGNIZE I MOVE FOR THE ADOPTION.
SECOND. MEMBERS YOU'VE HEARD THE MOTION. YOU'VE HEARD THE SECOND.
ARE THERE QUESTIONS OR COMMENTS REGARDING 26 I64.
JUSTICE CURRY. YES. COULD WE BRING MR. TAB TOWNSELL UP? I WANTED TO ASK SOMETHING FROM IF WE NEED TO.
IF WE NEED TO DO THAT, THEN LET'S RETURN THIS TO THE AGENDA COMMITTEE WHERE WE HEAR TESTIMONY AND.
POINT OF ORDER. I THINK WE CAN ASK QUESTIONS AT THIS MEETING.
YEAH, THAT'S NOT SOMETHING WE NORMALLY DO. SO.
CAN I HAVE SOMEONE ASK QUESTIONS? CAN I EXPRESS MY CONCERN? I JUST WANTED TO MAKE A OBSERVATION. ALL THOSE IN FAVOR OF SUSPENDING THESE RULES, WHICH I THINK ARE.
THE RULES INDICATE SO BY SAYING I. THIS ISN'T RULES FOR FOR YOU TO HEAR FROM US.
OKAY, I MOVE TO SUSPEND THE RULES. SECOND. MEMBERS, YOU'VE HEARD THE MOTION AND THE SECOND, TO SUSPEND THE RULES. ALL THOSE IN FAVOR INDICATE SO BY SAYING I.
I. ANY OPPOSED? NO. OKAY. SO WHOEVER YOU'D LIKE.
OKAY. I'D LIKE FOR MR. TOWNSEND TO COME FORWARD, PLEASE.
I'D JUST LIKE TO ASK RIGHT NOW, CURRENTLY WITH OUR EXISTING CLIENT THAT'S GOT A PERMIT, HAVE THEY MET ALL OF THE REQUIREMENTS OF THE INITIAL APPLICATION? HAVE IS EVERYTHING BEEN SATISFIED TO. THEY HAD A SITE PLAN WITH.
OKAY. EXCUSE ME. SORRY ABOUT THAT. NOW YOUR MIC SHOULD BE HOT.
OKAY. THANK YOU. HEAR ME? YEAH. OKAY. CAN YOU NOT HEAR ME YET? YES. OKAY. THEY DID HAVE A SITE PLAN WITH CONDITIONS LISTED ON IT THAT DATED BACK INTO LAST YEAR.
MAYBE THE YEAR BEFORE. ALL OF THOSE CONDITIONS HAVE BEEN SATISFIED.
SO WHAT I WANTED TO KNOW. THANK YOU. VERY GOOD.
DOES THAT GIVE YOU WHAT YOU WERE LOOKING FOR? WELL, I GUESS THE OTHER PERSON I'D LIKE FOR TO COME FORWARD WOULD BE MR. KELLY. MARK. MARK. OH, THE CHAIR OF THE PLANNING.
MR. WILSON, I'M SORRY. MARK. WILSON. EXCUSE ME.
[00:55:04]
YES, MA'AM. I'M MARK WILSON, CHAIR OF THE PLANNING BOARD.CORRECT. THE THIS EMERGENCY ORDINANCE. AND I GUESS I'M ASKING BECAUSE THERE'S A RECOMMENDATION FOR A 30 OR 90 DAY TEMPORARY MORATORIUM.
I'M NOT SURE I WANT TO UNDERSTAND. PROBABLY THE MOST OF THE RATIONALE WHY YOU MADE THAT DECISION.
WELL, THE THE MAIN THING THAT WE DISCUSSED TODAY IN OUR IN OUR MEETING WAS REQUESTING A 90 DAY EXTENSION OF OUR TIME TO CONSIDER THE ORDINANCE BEFORE US.
ON THE HIGH INTENSITY DIGITAL INFRASTRUCTURE USES ORDINANCE.
AND THE MORATORIUM WAS ADDED ON AS A.
PLACEHOLDER TO STOP OTHER PROJECTS FROM COMING IN.
THAT'S, THAT'S WHAT THE BOARD VOTED FOR. SO NOT SO MUCH TO.
STOP THE EXISTING APPLICATION BASED ON WHAT'S HOW IT'S PRESENTED.
I'M JUST TRYING TO MAKE SURE I UNDERSTAND IT SAYS EXISTING AND NEW.
WELL, IT WAS MY IMPRESSION THAT THE BOARD VOTED TO SUSPEND.
WELL, TO SUSPEND CURRENT AND FUTURE APPLICATIONS WHILE WE CONSIDER THIS A NEW ORDINANCE. OKAY. ARE YOU ANYBODY ELSE LIKE TO ASK SOME QUESTIONS? THANK YOU, MR. WILSON. THANK YOU, MR. WILSON.
SO. I'M GOING TO I'M GOING TO REMIND YOU. AND YOU'RE WHAT? I LEFT THE PODIUM ON. SORRY ABOUT THAT. BUT THEY WERE SUPPOSED TO BE ABOUT 56 FIRST.
AND THEY PREDICT THAT WE WILL LOSE. I KNOW YOU'VE BEEN TOLD OTHERWISE.
YOU DON'T HAVE A VOTE. OKAY. THE THE VAIL PROJECT IS WHAT YOU'RE TALKING ABOUT.
I DON'T DENY TO YOU THAT THAT THAT WE SHOULD HAVE ZONING ORDINANCES.
I'VE BEEN PREACHING THAT HERE FOR TEN YEARS, BUT I DON'T BELIEVE THAT THAT YOU'RE GOING TO LEGALLY BE ABLE TO MAKE SOMEONE PAUSE THEIR CONSTRUCTION PROCESS AFTER THEY'VE ALREADY DONE EVERYTHING WE LEGALLY REQUIRE.
SO I JUST WANT YOU TO KNOW THAT GOING FORWARD, BECAUSE I'M AFRAID WE'RE GOING TO GET IN A LOT OF TROUBLE AND IT'S GOING TO COST A LOT OF MONEY. SO FOLKS, IF YOU GOT A COMMENT TO MAKE, MAKE IT IN THE HALLWAY.
THAT'S NOT THAT'S NOT WHY YOU'RE HERE. OKAY. MR..
MCCOY. YOU'RE RECOGNIZED. THANK YOU. SO I'VE NOTICED IN THIS MORATORIUM OF WHICH I'VE BEEN ABLE TO REVIEW FOR OFF AND ON FOR THE LAST WHAT HOUR? I'VE NOTICED. TWO THINGS. ONE PARTICULAR THAT CONCERNS ME AND IT IS WE DEFINE ON PAGE TWO. 14 WE DEFINED THE ENTITY THAT WE'RE TRYING TO PLACE A MORATORIUM ON IS FIVE MEGAWATTS.
26 I 56 WAS TEN. SO I AND WE AND SAME THING ON PAGE NINE, I'M SORRY, LINE 19 OF PAGE TWO, WE SAY FIVE. SO I MAKE A MOTION THAT WE STRIKE LINE 13 ON PAGE TWO, THE WORD FIVE AND THEN PARENTHESES FIVE IN PARENTHESES AND REPLACE IT WITH THE WORD TEN PARENTHESES ONE ZERO IN PARENTHESES.
AND ALSO LIKEWISE ON PAGE TWO LINE 19 WE STRIKE THE WORD FIVE PARENTHESES FIVE THE NUMBER FIVE IN PARENTHESES AND REPLACE IT WITH THE WORD TEN PARENTHESES.
[01:00:03]
THE NUMBER TEN IN PARENTHESES. I'D APPRECIATE A SECOND.I HAVE A POINT OF ORDER HERE. SECOND, I THOUGHT THAT I, I 56 WAS SUPPOSED TO BE READ FIRST.
I'M SORRY MADAM. I WANTED TO KNOW WHY I, 56, WAS NOT READ FIRST.
WHY YOU WENT TO I 64 INSTEAD OF JUST THE ORDER THAT I CHOSE AND ITS PREROGATIVE OF THE CHAIR.
PREROGATIVE OF THE CHAIR. OKAY. THERE'S NO NECESSARY MAGIC TO IT.
THEY ALL FIT IN. I DO MY BEST TO TRY AND PUT THEM IN WHAT I THINK IS THE LOGICAL AND PROPER ORDER.
THAT'S WHAT I'VE DONE. SO THERE'S A MOTION TO AMEND ON THE FLOOR.
IS THERE A SECOND FOR THAT MOTION? SECOND? I DID.
YOU'VE HEARD THE MOTION. YOU'VE HEARD THE SECOND MEMBERS. ARE THERE QUESTIONS ABOUT THIS PROPOSED AMENDMENT? EVERYBODY UNDERSTAND IT. HE WENT THROUGH THE LINE ITEM AND EXACTLY WHAT YOU WERE DOING.
DID YOU COPY THAT? AND DO YOU UNDERSTAND WHAT YOU'RE ABOUT TO VOTE FOR? WE CAN REPEAT IT AS NECESSARY.
IN EVERYBODY HAS IT. THERE'S NO QUESTION. NO COMMENT.
IT'S UP TO YOU WHETHER YOU CAN CHANGE THE ORDER.
I TRIED TO, BUT I DIDN'T GET RECOGNIZED. WELL, USUALLY YOU'RE NOT SOFT SPOKEN.
WE WE. THERE'S NO WAY TO TURN TURN BACK AND GO.
REDO THE ORDER IN WHICH THESE HAVE BEEN READ.
THIS IS A BECAUSE OF ALL THESE LATE FILINGS, THIS IS THIS IS AN AN AGENDA LIKE NONE I'VE SEEN IN THE LAST 12 YEARS OF LAST MINUTE ACTIONS WHERE PEOPLE HAVE GOT JOBS, THEY HAVEN'T HAD TIME TO REVIEW THESE THINGS.
AND SO WE'RE, WE'RE DOING THE HONEST BEST JOB WE CAN OF PRESENTING THESE.
SO IS THERE A QUESTION? IS THERE A COMMENT OR QUESTION REGARDING THE AMENDMENT THAT IS ON THE FLOOR? NO QUESTIONS OR COMMENTS. I DO HAVE A QUESTION.
IT DID GET A SECOND. YES, MA'AM. OKAY. SO, MADAM CLERK, I SEE NO QUESTIONS.
NO COMMENTS. CALL THE ROLL FOR THE ADOPTION OF PROPOSED AMENDMENT NUMBER ONE TO ITEM 26 I 56.
IS THAT CORRECT, MR. MCCOY 26 I 64. OH. I'M SORRY.
YEAH. SO YEAH, EVEN I'M LOST. HAVE YOU GOT THE CORRECTION, MADAM? AT 64. YES, 64 AND THIS IS THE PROPOSED AMENDMENT WHICH WHICH FOR CLARIFICATION, MAKES SURE IT SAYS FROM. WE'RE SWITCHING 5 TO 10 AND ON.
OF 15 AND ONLINE 19. IS THAT CORRECT? 13. 14 AND 19, PLEASE.
CERTAINLY, MISS DAVIS. YES, MISS CAPPS, I MISS LEWISON.
YES. MISS BLACKWOOD? NO. MR. PATTERSON. YES, MISS MASSEY, I MISS CURRY. MR. KEITH. NO. MISS WARD.
NO. MR. MCCOY. YES. MR. ELLIOTT. YES. MATLOCK.
YES. EIGHT YESES, THREE NO'S, AND THREE ABSENT MEMBERS. THE AMENDMENT IS APPROVED BY THE SIMPLE MAJORITY.
SO NOW THE. NOW THE ITEM IS AS AMENDED. MADAM CLERK. SO NOW WE'LL VOTE ON THE AMENDED ITEM.
PLEASE READ FOR US. 26. I'M SORRY, JUDGE, WE HAVE MORE CONVERSATION.
OH, CORRECT. WE JUST I JUST AMENDED IT. I WAS THE SECOND PERSON TO BE RECOGNIZED.
[01:05:05]
BUT IT'S NOW ABOUT AS AMENDED. AS AMENDED. CORRECT.WE ALREADY DISCUSSED THE AMENDMENT. SO WE'VE ALREADY DISCUSSED THE AMENDMENT.
DISCUSSION NOW IS FOR THE ITEM AS AMENDED. OH, IS THAT CORRECT, MR. JUSTIN? WELL, POINT OF ORDER. I WOULD STILL LIKE TO DISCUSS THE REST OF THE ORDINANCE, BUT.
SO WE STILL HAVE TO APPROVE THE FACT THAT IT'S BEEN AMENDED.
NO, NO. LUKE, YOU'VE YOU'VE AMENDED IT. YES. BUT YOU NOW NEED A MOTION TO ADOPT, AS AMENDED, AND THEN YOU CAN JUST TO BE RECOGNIZED IN DISCUSSION.
OKAY. CORRECT. MY APOLOGIES. MY APOLOGIES. SO DO I HEAR A MOTION? SO MOVED. SECOND. MOTION AND SECONDED. MADAM CLERK, PLEASE READ.
26 I 64, AS AMENDED. AN ORDINANCE DECLARING A TEMPORARY 90 DAY MORATORIUM ON THE ACCEPTANCE PROCESS AND REVIEW AND APPROVAL OF ALL NEW AND EXISTING APPLICATIONS FOR PERMITS, ZONING AMENDMENTS AND SITE PLANS FOR HIGH INTENSITY DIGITAL INFRASTRUCTURE PROJECTS AND THE UNINCORPORATED AREAS OF PULASKI COUNTY.
WITH AMENDMENTS OF ON 13, 15 AND 19. WHAT IT SAYS 5MW TO 10MW.
YOU DON'T HAVE TO READ THE AMENDMENT. IT'S JUST AS AMENDED. THANK YOU, MADAM CLERK.
MR. MCCOY, NOW YOU'RE RECOGNIZED. THANK YOU. I APPRECIATE IT, JUDGE.
I AGREE. SECOND. SECOND. SECOND. MEMBERS. YOU'VE HEARD A MOTION.
YOU'VE HEARD A SECOND. TO TAKE A 15 MINUTE BREAK.
THE TIME IS NOW 710. WE'LL COME BACK AT 725. THE MOTION IS APPROVED.
OKAY. EVERYBODY, PLEASE TAKE YOUR SEATS. WE'LL GAVEL BACK IN.
I'M JUST GOING TO. THANK YOU. I DON'T KNOW HOW YOU GUYS ARE GOING TO PUT UP WITH THIS GUY.
HE IS SUCH A. WE WE LOST MR. MCCOY. NO, NO. HERE HE COMES. HERE HE COMES.
CURRY. SHE LEFT FOR THE NIGHT. OKAY.
WE'VE LOST AT LEAST ONE MORE. SO MEMBERS, WE'RE BACK IN SESSION.
WE WERE WE WERE IN DEBATE AS AS I THINK WHEN MR. MCCOY ASKED FOR A 15 MINUTE RECESS SO HE COULD PONDER THE LEGISLATION IN FRONT OF YOU.
SO, MR. MCCOY I THINK YOU HAD THE FLOOR WHEN YOU ASKED.
THANK YOU FOR IT. DO YOU YOU STILL HAVE THE FLOOR? YOU STILL HAVE MORE TO SAY. THANK YOU. YES. I DON'T KNOW IF WE NEED TO DO THIS, BUT I FOUND A TYPO.
PAGE TWO, LINE 17 AS A QUOTATION MARK. NOT EVEN SURE WHY IT'S THERE.
WHATEVER. I KNOW IT'S PROBABLY NEITHER HERE NOR THERE, BUT IF IT'S THE WILL OF THE BODY, WE CAN AMEND IT TO CLEAN IT UP A LITTLE BIT MORE, BUT WHATEVER. I'LL TAKE CARE OF IT. OKAY. THANK YOU.
ALRIGHT, SO 2626 I 56 OF COURSE I HAD. ARGUABLY, WELL, SEVERAL DAYS TO READ IT AND DIGEST IT. SO THE DEFINITION OF H I'D I U THRESHOLDS ALLOWED ME TO FEEL VERY COMFORTABLE THAT IT WAS LIMITED TO JUST DATA CENTERS.
I'LL START WITH THE COUNTY ATTORNEY, ATTORNEY LANE.
WAIT, WAIT, WAIT A MINUTE. ARE YOU ASKING A QUESTION ABOUT 56?
[01:10:02]
OR. NO, NO, NO. MY APOLOGIES. I KIND OF WENT OFF THE RESERVATION, SO I'M GETTING BACK TO 64.MY APOLOGIES. ALRIGHT. SO, MISS LANE, QUESTION, HOW CONFIDENT ARE WE THAT THIS IS ONLY LIMITED, LIMITED TO DATA CENTERS AND NOT OTHER PROJECTS THAT WE WOULD OTHERWISE AS A COUNTY ALLOW? AND YES, I'VE READ THE EXCLUSIONS, I'VE READ PAGE THREE AND SO FORTH AND SO ON.
BUT ANYWAYS, I THAT'S MY QUESTION. MRS. LANE, HOW CONFIDENT ARE YOU THAT THIS.
SO ARTICLE ONE, SECTION A ONE THROUGH FIVE.
SUBSTANTIALLY LIMITS THE TYPE OF ORGANIZATIONS THAT ALSO.
EXCUSE ME, I PUT A MINT IN MY MOUTH AND I KNEW I SHOULDN'T HAVE DONE THAT.
EVERYONE LIKE I HAVE. EVERYONE LIKES GOOD BREATH. THAT'S WHY. ARTICLE ONE, SECTION A SUBSTANTIALLY LIMITS WHAT COMPANIES AND OR ENTITIES THAT MEET THE THRESHOLD REQUIREMENT FOR MEGAWATTS AND OR YES, FOR MEGAWATTS TO THOSE TYPE OF THOSE TYPE OF ENTITIES.
AND SO IF YOU'RE NOT A DATA CENTER OR CRYPTOCURRENCY, BLOCKCHAIN, CLOUD COMPUTING, IF YOU'RE NOT ONE OF THOSE, THEN IT IS MY UNDERSTANDING THAT YOU WOULD NOT FALL UNDER THIS MORATORIUM.
DOES THAT ANSWER YOUR QUESTION? JUSTICE MCCOY.
YES, BUT WE'RE WE'RE USING THE TERM NOW HIGH INTENSITY DIGITAL INFRASTRUCTURE.
H I'D I U HIGH INTENSITY DIGITAL INFRASTRUCTURE USE.
I KNOW A LOT OF PEOPLE MAY NOT. I DON'T KNOW THE DIFFERENCE.
AND I'M EXPECTED TO VOTE ON THIS. SO ANYWAYS, NONETHELESS, I GOT REALLY COMFORTABLE WITH THIS OTHER ITEM THAT I THOUGHT WE WERE GOING TO DISCUSS. AND I HOPE WE WILL, YOU KNOW AS WELL.
I DON'T THINK THIS IS THE LAST ITEM 64 ON OUR AGENDA.
BUT ANYWAYS, AND THAT IS JUST MY BASE READING OF IT.
YEAH, I DIDN'T DRAFT THIS. SO PERHAPS THE PERSON THAT DRAFTED IT MAY BE ABLE TO, BUT AS READ, IT DOESN'T APPEAR TO IMPLICATE OTHER OTHER ENTITIES OUTSIDE OF THOSE LISTED HERE.
OKAY. IF IT DOES, WE GOT A PROBLEM. BUT JUSTIN, WOULD YOU LIKE TO COMMENT? SO, OKAY, THIS WAS THE PLANNING BOARD MADE THAT RECOMMENDATION AT ABOUT 515, 530.
OKAY. AND THEIR RECOMMENDATION WAS HIGH INTENSITY DIGITAL INFRASTRUCTURE.
SO THE LANGUAGE THAT'S IN THERE WAS ESSENTIALLY USED FROM A PREVIOUS PIECE OF LEGISLATION. OKAY.
OKAY. SO I READ LIKE COUNTY ATTORNEY LANE MENTIONED, THERE'S THERE'S SEVERAL THINGS THAT TRY TO MAKE THIS NARROW, BUT HAVING AN HOUR AND 30 MINUTES OR SO, NOT EVEN THAT REALLY JUST THE LAST 20 MINUTES TO FOCUS AND CONCENTRATE ON IT.
I'M CONCERNED THAT, YOU KNOW, I'M NOT SO SURE THAT WHAT OTHER LARGE INDUSTRIES AND BUSINESSES ARE DOING THAT WOULD FALL INTO THIS, THAT WOULD THEN ALL OF A SUDDEN BE SUBJECT TO THIS MORATORIUM ACCIDENTALLY AS COLLATERAL DAMAGE.
CHAIRMAN WILSON, CAN YOU COME BEFORE US, PLEASE? I'LL LET YOU THANK YOU, SIR. APPRECIATE IT. HOW CONFIDENT ARE YOU THAT THIS IS ONLY GOING TO APPLY TO DATA CENTERS AND NOT SOMEHOW ACCIDENTALLY CAUSE COLLATERAL DAMAGE ON OTHER INDUSTRIES? I'M NOT CONFIDENT THAT IT WILL BE STRICTLY DATA CENTERS.
OH, I'M SORRY, I THOUGHT I WAS TALKING ON YOUR MICROPHONE, MR. GREEN. NO. YEAH. GO AHEAD. I THINK WE CAN HEAR YOU.
THERE YOU GO. OKAY. YEAH, I WAS TALKING TO. OKAY.
I'M I'M. I'M NOT CONFIDENT THAT IT WILL STRICTLY LIMIT TO TWO DATA CENTERS.
NO, THAT THAT WAS THE INTENT OF THE THE BOARD MEMBERS, THE BOARD MEMBER THAT MADE THE MOTION AND THE BOARD MEMBERS THAT VOTED ON IT.
IF YOU'RE ASKING ME IF I'M CONFIDENT THAT THAT WILL LIMIT TO STRICTLY DATA CENTERS.
THE ANSWER IS NO. OKAY. I YIELD. I BELIEVE A COLLEAGUE OF MINE HAS A QUESTION.
[01:15:03]
OKAY. THANK YOU. WOULD YOU RECOGNIZE FOR A QUESTION OR COMMENT? YES, I HAVE A QUESTION. SO I THINK I GOT THIS ANSWERED EARLIER, BUT I WANTED TO HEAR IT AGAIN IF I WAS ANOTHER COMPANY, NOT A DATA CENTER. AND I WANT TO, I WANT TO COME BUILD WHATEVER.CAN I STILL COME TO THE PLANNING BOARD AND ASK FOR LIKE AN AMENDMENT OR AN ACCEPTANCE CASE BY CASE? I DON'T KNOW THE ANSWER TO THAT, HONESTLY. JUSTIN OR DOMINIQUE.
BECAUSE I THINK LUKE IS NOT WANTING TO INTERFERE WITH OTHER BUSINESS.
SO AS LONG AS THEY ARE ABLE TO STILL COME TO THE PLANNING BOARD AND OH, IT'S NOT A DATA CENTER, LIKE, LET'S SEE WHAT WE CAN DO AND THEN DO IT CASE BY CASE.
THE MORATORIUM IS WHAT I WOULD RECOMMEND AN AMENDMENT.
BUT ALSO ALSO I WOULD ALSO POINT US TO SUBSECTION C OF THE MORATORIUM AND WHAT IT SAYS IT DOES NOT APPLY TO. AND IT DOES LIST OUT IN NUMBER THREE, A LIST OF OTHER ENTITIES IN WHICH MAY USE, AT THIS POINT, WE'RE CONSIDERING TEN MEGAWATTS MAY USE TEN MEGAWATTS, BUT WOULD THUS STILL BE EXCLUDED FROM AS IT IS CURRENTLY WRITTEN.
DOES THAT MAKE SENSE? SO PUBLIC IT SAYS PUBLIC SCHOOLS, COLLEGES, UNIVERSITIES, HOSPITALS, MEDICAL FACILITIES, WATER AND WASTEWATER FACILITIES, PUBLIC UTILITY INFRASTRUCTURE.
IT LISTS A NUMBER OF ENTITIES THAT WOULD NOT BE SUBJECT TO THIS MORATORIUM.
I DON'T KNOW IF THAT HELPS CLARIFY ANYTHING. SO I GUESS MY QUESTION IS, WOULD THERE BE SOME WHAT IS THE RECOURSE IF A COMPANY FINDS THEMSELVES NOT AS A DATA CENTER AND NOT ONE OF THESE EXCEPTIONS, DO THEY JUST WAIT TILL THE MORATORIUM IS OVER, OR IS THERE A PATH FOR THEM TO TRY AND SEE IF THEY ARE ACCEPTABLE? SO WE'RE IN HYPOTHETICALS. IF A CERTAIN IF THAT SITUATION WERE TO OCCUR AND THE PLANNING BOARD.
I IMAGINE I WOULD BE GETTING A CALL OR AN EMAIL ASKING FOR LEGAL ADVICE.
AND SO THAT'S, THAT'S NORMALLY HOW THAT WOULD GO. AND I WOULD SAY BASED ON THE READING OF THIS, THAT WE'RE ACTING AS IF THIS IS HAS PASSED, WHETHER OR NOT IT APPLIES.
AND SO THAT'S USUALLY HOW THAT GOES. OKAY. I JUST WANT TO.
IF OUR PLANNING DEPARTMENT WAS UNFAMILIAR WITH HOW SOMETHING WAS TO APPLY, THEY WOULD CONTACT LEGAL.
OKAY. I YIELD, THANK YOU. JUSTICE BLACKWOOD. YOU'RE RECOGNIZED.
I'D LIKE TO MAKE A MOTION THAT WE WITHDRAW 64.
MOTION TO WITHDRAW 64 FROM THE AGENDA. WITHDRAW IT FROM CONSIDERATION THIS EVENING.
I THINK THAT'S A WISE MOVE. RUSHING THESE THINGS WITH THE AMOUNT AND THE VOLUME OF WORK THAT'S BEEN DONE, IT'S JUST GOING TO GET US IN TROUBLE. AND YOU'RE GOING TO HAVE UNINTENDED CONSEQUENCES.
DO I HEAR A SECOND ON THE MOTION? SECOND. MEMBERS.
YOU'VE HEARD A MOTION. YOU'VE HEARD A SECOND. IS THERE ANY QUESTION? COMMENTS? ALL THOSE IN FAVOR OF WITHDRAWING THE 2026 I 64 INDICATES SO BY SAYING I I I. ALL THOSE OPPOSED. ALL THOSE WHO DON'T CARE.
I THINK THAT THE AYES HAVE IT. WE WITHDRAW THIS ITEM 64.
THAT'LL MOVE US BACK, I THINK, TO OUR LAST ORDINANCE FOR THE EVENING.
[26-I-56 AN ORDINANCE REGULATING HIGH-INTENSITY DIGITAL INFRASTRUCTURE USES IN THE UNINCORPORATED AREAS OF PULASKI COUNTY; CLASSIFYING SUCH USES AS HEAVY INDUSTRIAL; ESTABLISHING A CONDITIONAL USE PERMIT PROCESS; PROVIDING PERFORMANCE STANDARDS, COST RECOVERY, INSPECTION, MONITORING, ENFORCEMENT, DECOMMISSIONING, AND OTHER SAFEGUARDS; AND FOR OTHER PURPOSES.]
CORRECT ME IF I'M WRONG THERE. JUSTIN OR MADAM CLERK PLEASE READ FOR US NOW.AN ORDINANCE REGULATING HIGH INTENSITY DIGITAL INFRASTRUCTURE USES IN THE UNINCORPORATED AREAS OF PULASKI COUNTY, CLASSIFYING SUCH USES AS HEAVY INDUSTRIAL. ESTABLISHING A CONDITIONAL USE PERMIT PROCESS, PROVIDING PERFORMANCE STANDARDS, COST RECOVERY, INSPECTION, MONITORING, ENFORCEMENT, DECOMMISSIONING AND OTHER SAFEGUARDS AND FOR OTHER PURPOSES.
JUSTICE BLACKWOOD YOU'RE RECOGNIZED FOR THE MOTION. I MOVE TO AMEND I 56 SECOND, SECOND.
[01:20:06]
AND WE GOT TO GET THAT ON THE FLOOR FIRST. JUSTIN.YEAH. I WOULD LIKE TO REMOVE THE EMERGENCY ORDINANCE.
I WAS AWARE OF THIS. SORRY I FORGOT. WE'VE GOTTEN SO DEEP.
ME TOO. SO DOES EVERYBODY HAVE THE THE AMENDMENT NUMBER ONE FOR 26.
I 56 IN FRONT OF THEM. EVERYBODY KNOWS WHAT WE'RE TALKING ABOUT.
WE'VE STILL GOT TO GET THE THE ITEM ON THE FLOOR, DO WE NOT TO AMEND? SO A MOTION TO APPROVE. APPROVE TO APPROVE. FIRST, PLEASE MAKE A MOTION TO APPROVE.
SECOND. SECOND. HAVE YOU HEARD THE MOTION? YOU'VE HEARD THE SECOND.
THERE'S AN AMENDMENT TO BE PLACED, SO WE WON'T ASK FOR QUESTIONS AT THIS POINT.
MADAM CLERK, PLEASE CALL THE ROLL. NO. I'M SORRY.
IT'S ON THE FLOOR NOW. SO? SO WE'LL HEAR THE AMENDMENT.
THE MOTION IS HERE. THERE WAS A SECOND ON THE AMENDMENT, CORRECT? YES, YES. HELP ME STAY STRAIGHT. AND NOW WE CAN HAVE QUESTIONS OR COMMENTS ON THE AMENDMENT.
NUMBER ONE PROPOSED SHOULD BE IN FRONT OF YOU.
AND WHAT IT DOES IS STRIKE THE EMERGENCY CLAUSE.
EVERYBODY UNDERSTANDS WHAT THAT MEANS. THAT THAT MEANS THAT IT WILL NOT MOVE FORWARD TONIGHT.
IT'LL MOVE FORWARD, BUT ONLY ON A FIRST READING.
NO OBJECTION. ALL THOSE IN FAVOR OF AMENDMENT ONE INDICATE SO BY SAYING I.
I. I. NO. GREAT. MADAM CLERK, WILL YOU PLACE ITEM 26? I 56 ON A FIRST READING. READ THE TITLE FOR US ONLY.
AMENDMENT 56. AMENDMENT ONE ON ITEM NUMBER 26 I 56.
AMENDMENT ONE, AN ORDINANCE REGULATING HIGH INTENSITY DIGITAL INFRASTRUCTURE USES IN THE UNINCORPORATED AREAS OF PULASKI COUNTY, CLASSIFYING SUCH USES AS HEAVY INDUSTRIAL. ESTABLISHING A CONDITIONAL USE PERMIT PROCESS, PROVIDING PERFORMANCE STANDARDS, COST RECOVERY, INSPECTION, MONITORING, ENFORCEMENT, DECOMMISSIONING AND OTHER SAFEGUARDS FOR OTHER PURPOSES.
STRIKING EMERGENCY ORDINANCE OR EMERGENCY CLAUSE.
SO HELP ME AS AMENDED. AS AMENDED. THAT THAT PUTS THE ITEM ON ON THE FIRST READING.
NOW MOVES US. THAT COMPLETES OUR BUSINESS FOR THE NIGHT.
MOVES US TO. OUR ADJOURNED ADJOURNMENT MOTION.
AND WE'VE HEARD IT ON OUR BUSINESS. ARE THERE ANNOUNCEMENTS FROM THOSE SITTING AT THE BAR? THERE BEING NONE. WE'LL MOVE TO PUBLIC COMMENT.
DO YOU HAVE PUBLIC COMMENT? GREAT. SO
[Public Comment]
NOW WE DON'T HAVE A MORATORIUM. MEMBERS. I'M GOING TO BE UNABLE TO STAY TONIGHT FOR PUBLIC COMMENT, BUT MR. KEITH HAS AGREED TO HANDLE IT. THANK YOU.HAVE A GOOD NIGHT. YES, SIR. IT'S THE MORATORIUM LANGUAGE, I THINK IS.
THE PROBLEM IS THAT WE'RE TRYING TO MOVE FORWARD.
I KNOW. ALL RIGHT. WE'RE GOING TO GO AHEAD AND START WE'RE GOING TO START WITH OUR COMMENT. OKAY. WE'RE GOING TO GO AHEAD AND START WITH OUR COMMENTS.
IS THIS LAVINIA BELL? YES. REMINDER. WE WILL BE ADHERING TO OUR THREE MINUTES AND JUSTIN IS GOING TO BE OUR JUSTIN OR AMY. JAMIE.
JUSTIN IS GOING TO BE OUR OFFICIAL TIMEKEEPER.
HELLO. THANK YOU FOR LETTING ME SPEAK. IS IT ON? IT'S GREAT. THANK YOU. HI. SBS FARMS REPRESENTATION AND PULASKI COUNTY.
UNINCORPORATED AREA. I'VE BEEN PRAYING ON WHAT TO SAY, BUT I WILL TELL YOU THIS.
MY MOTHER, WHEN SHE WAS JUST 12 YEARS OLD. MY MOTHER WAS BORN IN 1912.
SHE HAD ME LATE IN LIFE. BUT ANYWAY, DOWNTOWN LITTLE ROCK, NINTH STREET, ACTUALLY HER AND HER MOTHER WALKING. SHE SAW A BLACK MAN PULLED OUT OF A CHURCH AND SET ON FIRE BY THE KKK IN THE MIDDLE OF THE STREET.
AT 12 YEARS OLD, SHE MADE SURE THAT WE ALL, BY THE AGE OF 18, WENT TO VOTE.
[01:25:02]
I WAS AT HOME JUST DOING WHATEVER I DO AND THEN RUNNING AROUND IN THE 18 SAY, COMING WITH ME.AND SHE REGISTERED US AS CHILDREN. SHE MADE SURE WE WOULD GO TO THE VOTING POLLS AND SHE SAID, HEY, THE REST IS UP TO YOU. NOW I'M SAYING THIS TO YOU.
YOU SEE ALL THESE PEOPLE HERE? THEY'RE HERE BECAUSE THEY DO NOT WANT A DATA CENTER WHERE WE ARE.
THEY DO NOT WANT IT. YOU ARE REPRESENTING US AS A PEOPLE AND WE'RE ASKING YOU, PLEASE REPRESENT US.
STAND FOR WHAT THE PEOPLE HAVE PUT YOU IN THIS POSITION TO DO.
WE REALLY DON'T WANT IT. THANK YOU, THANK YOU, THANK YOU, MISS DALE.
NATALIE. JAMES. HEY, HOW'S EVERYBODY DOING TODAY? JUST FINE. GOOD EVENING.
ALL RIGHT. SO I PASSED OUT SOME PAMPHLETS EARLIER ABOUT SOCIAL INJUSTICE.
WHAT ALL DATA CENTERS ARE DOING, WHAT THEY DO LOCALLY, WHAT THEY DON'T DO LOCALLY, AND HOW THEY IMPACT THE COMMUNITY LOCALLY AND THE MONEY THAT THEY SUPPOSEDLY BRING IN THAT THEY DON'T BRING IN.
AND I THINK IT'S AN IMPORTANT READ FOR EVERYBODY.
SO I PASSED THAT OUT EARLIER, BUT I ALSO GAVE, AGAIN, THE WEBSITE ABOUT THE MORATORIUMS THAT ARE GOING AROUND THE 200 AND SOMETHING PLUS ONES, AND WE COULD HAVE HAD ONE TONIGHT, BUT I'VE BEEN PASSING THAT INFORMATION AROUND TO MAKE SURE EVERYBODY HAS THAT.
IT IS IMPORTANT THAT WE REMEMBER WHY WE ARE HERE, WHO WE ARE HERE FOR, WHO WE ARE SUPPOSED TO BE REPRESENTING, AND HOW WE'RE SUPPOSED TO TAKE CARE OF EVERYONE. BUSH BOTTOMS GOES EVERYWHERE IN PULASKI COUNTY, AND IT GOES INTO MY BACKYARD. AND I HAVE SAID THIS, AND OTHER PEOPLE HAVE SAID THIS, AND WE DO NOT WANT THE RUNOFF.
THEY HAVE ALREADY STARTED. THEY SAY THAT THEY'RE FULLY PERMANENT, BUT THEY'RE NOT FULLY PERMANENT.
WE SHOULD ALL BE PROFICIENT NOW BECAUSE WE'VE BEEN TALKING ABOUT THIS FOR ABOUT THREE MONTHS AND TO WAIT ANOTHER THREE MONTHS, WE ARE PUSHING THIS OFF INTO ANOTHER ELECTION CYCLE, AND IT'S NOT FAIR TO THE PEOPLE.
WE'RE PUSHING THIS OFF ONTO SOMEBODY ELSE AND MAKING IT TO SOMEBODY ELSE'S BURDEN.
AND THAT'S NOT FAIR, BECAUSE IT'S STILL GOING TO BE THE PEOPLE'S BURDEN.
MAKE SURE WE'RE DOING THE RIGHT THING. VOTE FOR THE MEMORANDUM, IT'S GOING TO HAPPEN.
THERE ARE DIFFERENT THINGS THAT ARE GOING TO HAPPEN TO STOP THIS FROM HAPPENING. NOT NECESSARILY DATA CENTERS, NOT NECESSARILY HIGH INTENSITY. AND WITH THE YOU AND WITH THE I OR WHATEVER ELSE ACRONYM THEY WANT TO USE WILL BE INCLUDED IN THERE TO LET YOU KNOW HOW HARMFUL IT IS TO YOUR LUNGS, TO YOUR WATER, TO YOUR LAND, TO YOUR HOME. SO PLEASE, PLEASE, PLEASE, PLEASE.
WE HAVE THEM, NOT JUST THE ONES THAT ARE SITTING HERE BECAUSE I KNOW THEY'RE TIRED.
THEY'RE READY TO FLIP TABLES AS WELL AS I. SO THEIR ATTORNEYS AVAILABLE, IF YOU HAVE QUESTIONS, WRITE THOSE QUESTIONS DOWN SO THAT PEOPLE WHO HAVE BEEN TRAINING, WHO HAVE BEEN LEARNING THIS INFORMATION FOR YEARS ACROSS THE NATION CAN TELL YOU WHAT'S GOING ON. LIKE ON THIS LITTLE THING, IT SAYS 124 GRASSROOT GROUPS ACROSS 24 STATES HAVE BLOCKED OR DELAYED $64 BILLION IN DATA CENTERS BETWEEN 2024 AND 2025. THAT'S NOT EVEN COUNTING THIS YEAR, Y'ALL.
AND WE CAN DO MORE, BUT WE'RE NOT DOING THAT.
AND WE HAVE THE OPPORTUNITY TO DO IT. WE KEEP ASKING FOR THE SAME THING.
PLEASE DO IT. THANK YOU. HAVE A GREAT THANK YOU.
HAVE A GOOD EVENING. LYNN FOSTER.
HI. GOOD EVENING. GOOD EVENING. MY NAME IS LYNN FOSTER.
I'VE LIVED IN PULASKI COUNTY FOR 20 YEARS NOW.
THIS IS JUDGE GRIFFIN'S RESEARCH, BUT I'VE AFFIRMED IT MYSELF.
THE LEADING RULE ON VESTED RIGHTS WAS REAFFIRMED IN POTTER VERSUS CITY OF TONTITOWN.
TO ESTABLISH A VESTED RIGHT, THE PROPERTY OWNER MUST SHOW THAT BEFORE ANY NEW RESTRICTION TAKES EFFECT, THE OWNER ACTED IN GOOD FAITH AND SUBSTANTIALLY ENTERED UPON THE PERFORMANCE OF THE ACTS NECESSARY TO ACCOMPLISH THE INTENDED USE.
[01:30:02]
GOOD FAITH MEANS MORE THAN SIMPLY SPENDING MONEY IN POTTER.THE DEVELOPERS HAD SPENT ALMOST $1 MILLION. THE COURT RULED THAT THEY DID NOT HAVE VESTED RIGHTS.
OKAY NOTHING IT SOUNDS LIKE, HAS ACTUALLY BEEN BUILT HERE.
THE QUESTION OF THE PERMITS SEEMS TO BE AT ISSUE.
PERHAPS ALL OF THE COUNTY PERMITS HAVE BEEN GIVEN, BUT IT SOUNDS LIKE THE ARMY CORPS OF ENGINEERS HAS NOT GIVEN A VALID PERMIT, AND THERE MAY BE OTHER AGENCIES AS WELL, LIKE A D, E, Q SO I WOULD I WOULD URGE YOU TO SPEND A LITTLE MORE TIME ON THIS ISSUE OF VESTED RIGHTS. I KNOW THAT THIS IS WHAT YOU'RE HEARING FROM THE FOLKS, BUT THEY'RE GOING TO SAY THAT IN ANY CASE, BECAUSE THEY WANT TO GO AHEAD AND THEY WANT TO INTIMIDATE YOU.
SO I HOPE THAT YOU WILL NOT BE INTIMIDATED. AND THANK YOU.
THOMAS. DIXON. GOING ONCE. GOING TWICE. THREE TIMES.
I WAS TAUGHT. I'M GEORGE WISE. I'M AN ATTORNEY.
I'VE BEEN PRACTICING LAW FOR 48 YEARS. I'M ALSO CHAIR OF THE.
I HAVE EITHER LISTENED ONLINE OR BEEN TO MOST OF THESE MEETINGS OVER DATA CENTERS, AND I HAVE NOT HEARD ANYBODY ACKNOWLEDGE THAT YOU MADE A MISTAKE APPROVING THE SITE PLAN WITHOUT THE INPUT FROM THE PEOPLE IN THAT COMMUNITY, AND WITHOUT THE INPUT FROM OTHER PEOPLE IN THE COMMUNITY. YOU MADE A MISTAKE. HERE'S HOW YOU FIX IT.
YOU SUBJECT TO REASONABLE REGULATIONS ON A DATA CENTER LIKE THOSE THAT ARE BEING PROPOSED.
I'M INVOLVED IN LITIGATION RIGHT NOW. WE'RE OVER VESTED RIGHTS.
THEY DO NOT. THAT'S ALL I HAVE TO SAY. THANK YOU.
THANK YOU, MR. WISE. I'M NOT SURE OF THE FIRST NAME, BUT DIAZ IS THE LAST NAME. OKAY.
MY NAME IS EDDIE. EDDIE. OKAY. OKAY. LIKE THE NUMBER.
EASY TO REMEMBER THAT WAY. AS OF THE END OF MAY THIS YEAR, THE ONLY THING OF I WAS WAITING ON IS A NATIONWIDE PERMIT 14 FROM THE US ARMY CORPS OF ENGINEERS. BUT THIS PROCESS HAS BEEN FESTERING IN THE DARK FOR TWO YEARS NOW.
THE SITE PLAN APPLICATION WAS SUBMITTED SEPTEMBER 30TH OF 2024, WITH COMMUNICATION BETWEEN THE DEVELOPERS AND PLANNING BOARD STAFF TAKING PLACE FAR BEFORE THAT. SINCE THEN, THE SITE PLAN AND ITS APPROVAL REQUIREMENTS HAVE BEEN REDESIGNED, AMENDED AND UPDATED NUMEROUS TIMES WITH THE HELP OF COUNTY EMPLOYEES, ALL WHILE THE PLANNING BOARD MEMBERS, ELECTED OFFICIALS AND THE PUBLIC WERE INTENTIONALLY KEPT IN THE DARK. WE WEREN'T SUPPOSED TO FIND OUT UNTIL IT WAS TOO LATE TO DO ANYTHING.
THEY TRIED TO CONVINCE US THAT IT WAS TOO LATE, AND DELAYED THE COUNTY'S ABILITY TO TAKE ACTION IN THE HOPES THAT IT WOULD BE BY THE TIME WE GOT HERE. THIS LEVEL OF BETRAYAL SHOULD BE AN OUTRAGE.
WE SHOULD BE UNITED ON THIS AND WE CANNOT ALLOW THIS TO CONTINUE.
WE ALL KNOW WHAT'S AT STAKE AND WE CANNOT AFFORD TO LOSE IT.
WE CANNOT LET PERFECTION BE THE ENEMY OF GOOD.
WE ALL HAVE A PERSONAL RESPONSIBILITY TO DO WHAT WE CAN TO MAKE SURE THE PLACE THAT WE LIVE IS A GOOD PLACE TO BE TO, AND TO MAKE SURE THAT WE LEAVE IT BETTER THAN WE FOUND IT FOR FUTURE GENERATIONS. THIS ORDINANCE IN THESE REGULATIONS ARE OUR CHANCE TO PROTECT THAT FUTURE.
[01:35:01]
PLEASE. WE HAVE TO HAVE REGULATIONS. WE CANNOT AFFORD TO NOT HAVE REGULATIONS.WE CANNOT AFFORD THIS FAILURE. THANK YOU. THANK YOU.
GOING ONCE, GOING TWICE. GO ON. GREGORY. SUMMERS.
MR.. SUMMERS. GREGORY. SUMMERS. GOING ONCE. GOING TWICE.
GONE. BRENDA. IS THIS BRENDA HENSON? GOOD EVENING, GOOD EVENING. I DON'T REALLY HAVE ANYTHING ELSE THAT SHOULD EVEN BE SAID.
BECAUSE IF YOU DON'T GET IT BY NOW AND YOU HAVEN'T DONE IT BY NOW, IT IS A WASTE OF TIME.
BUT IT WILL NOT BE A WASTE OF MY VOTE.
THANK YOU, MISS HINTON. OBI OR OBI? WE WERE LOSING. LOOK, I'VE BEEN PONDERING WHAT I COULD SAY HERE TONIGHT TO HELP YOU SEE THE IMPORTANCE OF PASSING THIS ORDINANCE.
THE REALITY IS, I DON'T NEED TO CONVINCE YOU HOW ATROCIOUS THE FALLOUT OF DATA CENTERS IS, BOTH ECONOMICALLY AND ECOLOGICALLY. EVERYONE IN THIS ROOM, YOURSELVES INCLUDED, KNOW THAT IT'S APPALLING TO EVEN CONSIDER VOTING AGAINST THIS ORDINANCE. IF YOU'VE PAID ANY ATTENTION TO THE NEWS, THE WORDS SPOKEN TO YOU IN THIS ROOM BY MEMBERS OF OUR COMMUNITY, OR IF YOU'VE RESEARCHED DATA CENTERS FOR EVEN A MOMENT, THEN YOU KNOW WHAT THE RIGHT CHOICE IS.
ON BEHALF OF OUR COUNTY, IT IS YOUR RESPONSIBILITY TO UTILIZE THE POWER THAT HAS BEEN GIVEN TO YOU TO PASS AN ORDINANCE THAT ANYONE WITH ANY OUNCE OF SANITY AND A SENSE OF ETHICS WOULD PASS WITHOUT HESITATION.
TO VOTE AGAINST THIS ORDINANCE IS A BETRAYAL TO YOUR COMMUNITY.
IF ANY ONE OF YOU VOTES AGAINST THE ORDINANCE, I HOPE YOU NEVER CEASE TO BE REMINDED THAT YOU ARE RESPONSIBLE FOR PUTTING THE NAIL IN THE COFFIN FOR WHY WE CAN NO LONGER CLAIM TO BE THE NATURAL STATE.
ALRIGHT, SO WE DON'T WANT THE DATA CENTERS IN LITTLE ROCK OR ANYWHERE IN ARKANSAS.
ONCE AGAIN, WE KNOW THE CONSEQUENCES. WE KNOW WHAT THE DATA CENTER WILL DO TO THE ENVIRONMENT.
SO I AM TIRED OF TALKING ABOUT THIS. WE'VE BEEN HERE CONSTANTLY.
I WAS HERE LAST MINUTE. YOU'RE PROPOSING POSTPONING TO THIS MEETING? THREE, FOUR MEETINGS AGO. WE TALKED ABOUT THE SAME THING.
IT'S JUST BECOMING IRRITATING. BUT I'M GONNA KEEP.
I'M GONNA KEEP MOVING BEFORE I GET UPSET. WE NEED TO WAKE UP.
AND I'M TRYING NOT TO GET UPSET, BUT THEY'RE TAKING OVER OUR LAND.
EVENTUALLY THEY'RE GOING TO TAKE AWAY OUR PRIVACY.
PRIVACY? I'M SORRY. ARKANSAS. WE CANNOT AFFORD THIS.
LIKE I SAID, I'M SORRY. I'M JUST UPSET BECAUSE I'VE BEEN TALKING ABOUT THIS FOR ALMOST A YEAR, SO I'M GETTING TIRED OF IT. BUT ANYWAY OUR ENERGY BILLS ARE ALREADY HIGH.
THEY PUT IT AS GENERAL ARKANSAS JOB. BUT WE ALL KNOW THAT'S FUNDING THE DATA CENTERS.
OUR WATER BILLS ARE ALREADY GOING UP. YOU HEARD EVERYTHING ABOUT THE DATA CENTERS.
YOU KNOW WHAT TO VOTE FOR. SO I'M REALLY TIRED OF IT KEEPING, YOU KNOW, POSTPONING.
IF WE DO NEED TO REGULATE THE DATA CENTERS AND IF WE DON'T, IF WE DON'T REGULATE IT YOU ARE BASICALLY SIGNING EVERYBODY'S DEATH CERTIFICATE AT THIS POINT.
I DON'T KNOW HOW SERIOUS WE COULD GET. LIKE I SAID IN THE LAST MEETING, THE ENERGY GUYS SAID THAT HE WOULD TAKE THE LAND WHETHER THEY AGREE WITH IT OR NOT. LIKE I SAID LAST TIME, IT'S EVIL. I JUST DON'T KNOW.
AND IF WE IF WE DON'T REGULATE IT, IT'S GOING TO BE ALL OVER ARKANSAS.
WE WON'T HAVE NO WATER. AND IT'S JUST BASICALLY THE MARK OF THE BEAST.
[01:40:02]
ALRIGHT. THANK YOU, MISS JONES. TERRY DRENNEN. YES. THEY NEED TO KNOW WE PASSED. CAN I SAY SOMETHING? I'LL SAY IT NOW. YES. YEAH. SAY IT NOW. WHAT'S IT? HOLD ON. YEAH. YES, MA'AM. WHAT ARE YOU TRYING.CAN I CAN I SAY SOMETHING? BEFORE WE WE GO ANY FURTHER.
I JUST WANT TO MAKE SURE THAT EVERYBODY UNDERSTOOD WHAT GOT PASSED TONIGHT.
I 56 GOT PASSED TONIGHT. SO I WANT YOU GUYS TO UNDERSTAND.
IT'S ON READINGS. IT'S ON THREE READINGS. AND SO ALL WE HAVE TO DO IS WE'VE GOT WE READ IT TONIGHT.
WE WILL READ IT AGAIN NEXT WEEK, NEXT MONTH, AND WE'LL READ IT THE FOLLOWING MONTH.
AND IT IS PASSED. VOTE ON AND WE'LL VOTE ON IT.
BUT WE DO HAVE TO VOTE ON IT. BUT BUT BUT IT DID GET PASSED TONIGHT.
THAT PART. OKAY. SO I WANTED EVERYBODY TO UNDERSTAND THAT.
OKAY. ALL RIGHT. THANK YOU. YES, MA'AM. GO AHEAD. THANK YOU.
I'M TERRY BRENNAN. I LIVE IN FERNDALE, AND I JUST WANT TO.
I WANT TO ASK, AM I THE ONLY ONE WHO HEARD TAD BOHANNAN STAND UP HERE AND SAY, IN ONE OF THE PLANNING MEETINGS, WE HAVE PLENTY OF WATER. WE HAVE LAKE WINONA, WE HAVE LAKE MAUMELLE, AND IF WE NEED TO, WE'LL GO TO LAKE DEGRAY.
SO WE'RE JUST GOING TO DRAIN ALL THE LAKES. THE LAKES ARE ALREADY ALMOST DRY, AND THESE CEOS OF THESE ENTITIES COME UP HERE AND TELL US EVERYTHING'S GOING TO BE FINE. EVERYTHING'S GOING TO BE WONDERFUL.
I WANT TO READ SOMETHING REALLY QUICKLY FROM SOMETHING.
WE GET A FLIER IN THE MAIL FROM CENTRAL ARKANSAS WATER, AND THIS IS PROBABLY 8 TO 10 YEARS OLD.
FOR THOSE WHO WANT TO STOP THE WATER FROM COMING, YOU WON'T.
YOU MIGHT DELAY IT, BUT YOU WON'T STOP IT. IF YOU CHOOSE NOT TO SIGN UP FOR IT, FINE.
IT COST YOU NOTHING. AND YOUR NEIGHBORS THAT NEED IT CAN HAVE IT.
HOWEVER, IF YOU TRY TO BLOCK IT, IT WILL EVENTUALLY BE TAKEN OUT OF YOUR HANDS AND YOU WILL BE HIT WITH A SPECIAL IMPROVEMENT TAX ON YOUR TAX BILL FOR SOMETHING YOU ARE NOT USING. I SAW THIS AS BULLYING LANGUAGE. I HAVE SAVED THIS ALL THOSE YEARS.
AND I PULLED THIS OUT AND READ IT AND I SAID, THIS IS BULLYING LANGUAGE.
AND TAD BOHANON SAID, WE DIDN'T SEND THAT OUT.
CENTRAL ARKANSAS WATER ALL OVER IT. AND JUDGE HYDE ASKED ME TO SEE IT, AND HE LOOKED AT IT IN THAT MOMENT AND SAID, I AM PULLING MY SUPPORT FOR THIS PROJECT. YOU WILL RECEIVE A LETTER FROM MY DESK TOMORROW.
WELL, WE ALL KNOW THAT DIDN'T HAPPEN. I JUST WANT TO POINT OUT THESE CEOS DON'T CARE ABOUT US.
THEY BULLY AND THEY TELL US WHAT THEY THINK WE NEED TO HEAR.
BUT WE'RE SMARTER THAN THEY THINK WE ARE, AND WE ALWAYS SAVE RECEIPTS.
THANK YOU. THANK YOU. VALERIE HART.
VALERIE HART, NORTH LITTLE ROCK. MAY I ASK A QUESTION? JUSTICE BLACKWOOD. CAN YOU GIVE ME FURTHER EXPLANATION? YOU SAID 56 DID PASS ITS ON FIRST READING. WE GO TO SECOND READING, THIRD READING AND THEN WE VOTE YES.
SO WHEN WILL EACH READING OCCUR? WELL, ACTUALLY YOU CAN DO THOSE READINGS ANY TIME YOU WANT.
SO IF IF IF THE JUDGE WOULD BE WILLING TO GAVEL US IN, WE COULD ACTUALLY GAVEL IN THE NEXT DAY AND DO A HAVE A READING, THEN THAT'S ALL WE HAVE TO DO. SO IT COULD ACTUALLY BE PASSED FAIRLY QUICKLY IF WE WANTED TO DO THAT, OR IF HE WAS WILLING TO DO THAT. NOW HE'S THE ONE IN CHARGE, AND HE'S THE ONE WHO WILL BE SAYING WHETHER WE CAN GAVEL IN OR NOT.
AND SO, BUT TECHNICALLY, WHAT THEY'LL DO IF THEY DON'T ALLOW US TO GAVEL IN EARLY, THEN WHAT THEY'LL DO IS THAT WE'LL HAVE A READING NEXT MONTH AND THE NEXT MONTH AND VOTE.
SO THE VOTE IS STILL UP IN THE AIR. IT HASN'T PASSED, RIGHT?
[01:45:04]
RIGHT. BUT THE IT'S NOT FINAL. BUT YEAH. RIGHT.IT'S NOT COMPLETELY FINAL AT THIS POINT. SO WE STILL HAVE THE OPTIONS OF SOME JUSTICES VOTING AGAINST IT OR FURTHER DELAYING IT OR BLOCKING IT. SO THEY CANNOT THEY I DON'T THINK THEY CAN FURTHER DELAY IT ONCE IT'S ON A THREE READING.
THEY WE CAN GET IT VOTED IN QUICKLY IF WE WANTED TO, IF WE IF WE COULD GAVEL IN.
AND THAT WOULD BE MY REQUEST IS THAT WE GAVEL IN EARLY.
YOU KNOW WE CAN. IT TAKES TEN MINUTES TO GAVEL IN AND SAY WHETHER YOU KNOW TO HAVE IT READ.
THAT'S ALL YOU HAVE TO DO. AND YOU DON'T HAVE TO HAVE A QUORUM TO GAVEL IN EITHER.
SO YOU JUST, YOU KNOW, WE CAN HAVE A FEW PEOPLE IN HERE TO GAVEL IN.
SO MY, YOU DON'T HAVE TO HAVE A QUORUM FOR YOUR READINGS EITHER.
WHAT IS THE QUORUM REQUIRED IN THE INTEREST OF TIME? IS THIS IS THIS YOUR THREE MINUTES OR IS THIS IS THIS A SIDE? I HOPE NOT, I JUST NEED A CLARIFICATION ON WHAT HAS HAPPENED BECAUSE I WAS BACK THERE THINKING, OKAY, IT'S DEAD FOR RIGHT NOW, YOU KNOW. NO MA'AM, I GUESS NO, IT IS NOT SO.
OKAY. WELL, OKAY. YEAH. SO IF WE GAVEL IN, IF WE COULD GAVEL IN AGAIN, YOU KNOW, THIS MONTH, THEN WE COULD READ IT AGAIN, AND THEN WE COULD GET IN AGAIN AND READ IT AGAIN, AND THEN WE COULD PASS IT NEXT MONTH EASILY.
OKAY. WELL, I CAN TAKE THAT AS MY THREE MINUTES.
ALL RIGHT. THANK YOU, THANK YOU. I'LL SAVE MY COMMENTS FOR ANOTHER DAY.
OKAY. THANK YOU. KATIE, HELP ME WITH YOUR LAST NAME.
KATIE. CORNER. CORNER. OKAY. KATIE COURIC KORNREICH KORNREICH.
ALL RIGHT. GOOD EVENING. MY NAME IS KATIE. I LIVE IN MAUMELLE RIGHT NOW, BUT I AM NOT CURRENTLY FROM ARKANSAS. I KNOW I'VE SHARED WITH SOME OF Y'ALL THAT I HAVE TRIED MANY TIMES TO GET OUT OF ARKANSAS, AND FOR WHATEVER REASON, THE UNIVERSE WANTS ME HERE AND I HAVE GROWN TO LOVE ARKANSAS AND I FIGHT FOR HER.
I WAS TAUGHT FROM A YOUNG AGE THE VALUE OF PUBLIC SERVICE AND SERVING MY COMMUNITY.
I'VE ALSO RECENTLY LEARNED MY EARNED MY MASTER'S DEGREE IN PUBLIC SERVICE, FIGHTING FOR OTHERS ANIMALS AND THE ENVIRONMENT IS NOT JUST IMPORTANT TO ME, IT'S WHO I AM AS A PERSON. AND I WISH SOME OF YOU, AND ESPECIALLY SOME OF THOSE WHO ARE NOT HERE TODAY, LEARNED WHAT I WAS TAUGHT IN MY HOME AND IN THE CLASSROOM.
YOU ARE SUPPOSED TO REPRESENT COMMUNITIES, NOT CORPORATIONS, NOT ENTITIES, NOT SUITS OR BOW TIES OVER HERE TO PRETEND TO CARE, TO CARE ABOUT OUR COMMUNITIES. WE DON'T WANT THESE DATA CENTERS, AND I DON'T KNOW HOW MUCH LONGER.
Y'ALL NEED TO HEAR THAT. WE DON'T WANT IT. I DON'T EVEN LIVE WHERE DATA CENTERS ARE PROPOSED, BUT I CARE ABOUT THE PEOPLE WHO DO LIVE THERE.
AND I REALLY WISH YOU, BUT MOSTLY THE ONES WHO ARE NOT HERE WOULD CARE ABOUT THAT AS WELL.
SO IN THE TIME IT TAKES YOU ALL TO DO THE THREE READINGS, NOTHING'S IN EFFECT, RIGHT? NO MORATORIUM, NO ORDINANCE, NO REGULATIONS. RIGHT.
OH, WHAT IF WE OVERSTEP? WHAT IF WE GET. WHAT IF WE GET SUED? WHAT IF OUR BUREAUCRATIC RITUALS ARE OUT OF ORDER? WHAT IF YOU DO? NOTHING IN A DATA CENTER GETS BUILT IN THE TIME IT TAKES YOU ALL TO PASS THE ORDINANCE? WHEN IT COMES TO LISTING REASONS WE SHOULD REGULATE OR BAN DATA CENTERS, I DON'T KNOW WHERE TO START. WE COULD START WITH THE FACT THAT CLIMATE EXPERTS ALREADY PREDICT CATASTROPHIC WORLDWIDE WATER SHORTAGES AS AS SOON AS 2040.
WE COULD ALSO START WITH THE FACT THAT NOT A SINGLE RESIDENT IN THIS STATE WANTS A DATA CENTER BUILT IN THEIR TOWN, NOT EVEN THE ARKANSAS REPRESENTATIVES WHO ARE GETTING PAID BY CORPORATIONS OR WHOEVER TO IGNORE THEIR CONSTITUENTS.
MAYBE EVEN THEY DON'T WANT A DATA CENTER IN THEIR CITY.
YOU DON'T WANT A DATA CENTER IN YOUR CITY. THEY WANT THE DATA CENTER JUST ENOUGH CITIES OVER.
[01:50:04]
YOU DON'T HAVE TO NOTICE THE DECREASE IN YOUR WATER PRESSURE OR THE MECHANICAL HUM THAT DROWNS OUT THE CICADAS AT NIGHT. THE FIRST STEP TO PREVENTING THE DESTRUCTION OF OUR STATE IS APPROVING THIS ORDINANCE QUICKLY. IT'S SIMPLE, COMMON SENSE.IT IS OUTRAGEOUS THAT IT IS LAWFUL RIGHT NOW FOR CORPORATIONS TO PURCHASE LAND IN OUR STATE AND BUILD HUGE, INTRUSIVE, ECOLOGICALLY DISASTROUS WAREHOUSES WITH LITTLE TO NO RESTRICTIONS OR COMMUNITY APPROVAL.
I'LL LEAVE YOU WITH THIS. IF YOU THINK OUR GOVERNMENT, LOCAL, STATE OR FEDERAL WILL CARE WHEN DATA CENTERS DRAIN US OF ALL RESOURCES, YOU ARE DANGEROUSLY WRONG. FLINT, MICHIGAN HAS BEEN WITHOUT FRESH, CLEAN WATER FOR OVER TEN YEARS.
RESIDENTS THERE SAY IT IS STILL NOT SAFE TO THIS DAY.
THIS IS ALL TO SAY OUR GOVERNMENT WILL NOT BE THERE FOR US IF AND WHEN DATA CENTERS DRAIN OUR CITIES OF EVERYTHING, WE ONLY HAVE EACH OTHER AND WE NEED TO START FIGHTING FOR US AGAINST THEM NOW.
THANK YOU. THANK YOU. HASKELL. DIXON.
HE LEFT. OKAY. GOING ONCE. GOING TWICE. GONE.
DOUGLAS. HOUSE. MR. CHAIRMAN, MEMBERS OF THE COURT. I DON'T REPRESENT ANYBODY IN PARTICULAR AT THIS PARTICULAR TIME.
I HAVE BEEN TOLD, HE SAID. SHE SAID, SHE SAID.
SHE SAID THAT I WAS GOING TO BE APPOINTED TO THAT SEAT.
IT'S NOT. I HAVEN'T SEEN IT IN WRITING. THEREFORE NOTHING HAPPENS.
I HAVE SINCE THAT TIME STARTED STUDYING AND TRYING TO UNDERSTAND.
NOW I'M AN ATTORNEY BY TRADE, SO I. YOU KNOW, IF THE ONLY TOOL IN YOUR.
IF THE ONLY TOOL IN YOUR POCKET IS A HAMMER, EVERY PROBLEM LOOKS LIKE A NAIL.
SO THAT'S WHAT I DUG INTO IS WHAT THE LAW SAYS.
NUMBER ONE IS HOW MUCH TAX GENERATION THIS PLACE THAT'S BEING CONSIDERED ARE BEING BUILT.
AND I HAVE BEEN TURNED THAT THEY HAVE STARTED CONSTRUCTION.
Y'ALL NEED TO CHECK THAT OUT. HAS CONSTRUCTION HAS STARTED.
GROUND IS STARTING TO BE CLEARED. BUT WHEN IT'S FINALLY DONE, THE FAIR MARKET VALUE OF IT.
IT'S GOING TO BE SOMEWHERE ABOUT $1 BILLION, NOT INCLUDING THE CONTRACTS FOR THEIR SERVICES, 20% ASSESSMENT VALUE ADD, THE 40 MILLS TAX, 40 SOMETHING POINT MILLS TAX FOR SCHOOLS.
THAT'S $8.4 MILLION TO THE PULASKI COUNTY SPECIAL SCHOOL DISTRICT EACH YEAR.
THAT IS SOMETHING YOU MUST CONSIDER. THE SECOND ISSUE I AM LOOKING INTO IS THIS AS MUCH AS I AM SYMPATHETIC WITH THESE PEOPLE, YOU ARE A BODY OF LAW AND YOU HAVE TO FOLLOW THE LAWS.
I'M VERY IMPRESSED WITH YOUR PLANNING DISTRICT AND HOW THEY HAVE FOLLOWED THE LETTER OF THE LAW.
PLEASE, PLEASE GIVE HIM THE. GIVE HIM THE RESPECT.
GO AHEAD. SIR. YES, MR.. THE LETTER OF THE LAW HAS BEEN FOLLOWED BY YOUR PLANNING DISTRICT.
THEY HAVE NO OTHER CHOICE TO DO OTHERWISE. BASICALLY, ABROGATES ALL OF YOUR AUTHORITY OVER THIS.
AND THAT'S THE REAL KEY TO THIS. THE OTHER ONE, ONE AREA I'M CONCERNED WITH IS ABOUT THE TAX REVENUE TO THE COUNTY AND TO THE SCHOOL DISTRICT. THE SECOND ISSUE I'M WORRIED ABOUT IS DOING SOMETHING THAT IS NOT AUTHORIZED BY STATUTE, WHICH IS CALLED ULTRA VIRES. MR. WISE IS A FELLOW ATTORNEY, AND WE HAVE BEEN FRIENDS FOR A NUMBER OF YEARS.
HE'S CORRECT. YOU'RE NOT GOING TO FIND VERY MANY CASES ABOUT VESTED INTEREST.
WHY? BECAUSE IT'S IN STATUTE. IT TELLS YOU WHAT IS ALLOWED WITH A PERMIT AND WHAT IS NOT.
AND IF IT SAYS IT IN STATUTE, THERE'S NOT MUCH SENSE IN LITIGATING IT.
AND SO YOU'RE NOT GOING TO FIND CASES ABOUT SOMEBODY'S VESTED INTEREST.
VERY OFTEN WHEN SOMETHING HAPPENS, ONCE THE PERMIT IS APPROVED, IF YOU DO ANY OTHER THING AND I CAN READ YOU QUOTE FOR, QUOTE, A LOCAL GOVERNMENT SHALL NOT IMPOSE ADDITIONAL REQUIREMENTS RELATED TO THE REQUEST FOR A PERMIT.
IF THE REQUESTED PERMIT HAS ALREADY BEEN APPROVED RIGHT OUT OF THE STATUTE BOOK.
THAT'S WHY I'M SCARED ABOUT A MORE A MORATORIUM ON FUTURE DEVELOPMENT.
FINE. BUT THE ONE THAT'S ALREADY UNDER CONSTRUCTION THAT THEY HAVE ALREADY HAD THE PERMIT, I THINK IT OPENS UP THE COUNTY TO A MASSIVE LAWSUIT.
[01:55:03]
NORMALLY, YOU DON'T GET SUED FOR WHAT YOU DO, BUT IF YOU VIOLATE THE LAW, THEN YOU CAN.ALRIGHT. YOUR TIME. YEAH. IS IT YOUR TIME? OKAY.
CAN YOU FINISH YOUR STATEMENT? YOU NEED TO ASK IF.
YES, PLEASE. I HEAR SOME SOME TALKING. CAN Y'ALL PLEASE GIVE HIM THE RESPECT? CAN YOU FINISH YOUR SENTENCE? YES. ONE SENTENCE.
I HEARD LAST FRIDAY THAT THE CORPS OF ENGINEERS HAD, IN FACT, ISSUED THE PERMIT.
I'VE HEARD TWO PEOPLE SAY SO. I HEARD MR. TOWNSEND SAY THEY'VE MET ALL THE REQUIREMENTS.
THAT'S SOMETHING YOU'LL NEED TO LOOK INTO. PROBABLY.
I THINK THE CORPS PERMIT WAS ISSUED LAST WEDNESDAY.
BUT I MAY BE WRONG. I'M GETTING MY INFORMATION SECOND HAND.
ALRIGHT. THANK YOU FOR YOUR TIME. THANK YOU, MR. ALLISON.
WHAT ABOUT TAX ABATEMENT? WHAT ABOUT. HEY! ORDER! COME ON. WHAT A SELLOUT MAN. PLEA. ALL RIGHT.
I'M GOING TO ASK IF IF YOU CAN'T CONTROL YOURSELF.
I'M GOING TO ASK YOU IF YOU STEP OUT, PLEASE.
NICOLE AND NICOLE. I ALWAYS MISS YOUR LAST NAME UP, SO I'M NOT GOING TO SAY IT RIGHT.
DES AYE. DES RI. OH. DES ADDARIO. ALL RIGHT, YOU GOT IT, I GOT IT.
SO I HEARD A COUPLE OF THINGS MENTIONED. ONE THING ABOUT, LIKE, THERE WANTING TO TAKE SOME OF THE WATER FROM LAKE DEGRAY AND SOME OF THE OTHER LAKES, SO ON AND SO FORTH. THAT'S LIKE LITERALLY OUR FAVORITE LAKE THAT WE SPEND TIME ON.
I WAS THERE FOR MY BIRTHDAY JUST THE OTHER DAY.
SO AND THEN WITH THE MENTIONS OF PUERTO RICO RUNNING OUT OF WATER.
GARY, INDIANA, HAS ANYBODY HEARD ABOUT THE MAJOR POWER OUTAGE OVER IN MEMPHIS AND THAT THEIR WATER IS BROWN? THAT DOESN'T CONCERN ME. OR MAYBE THE MAN THAT WAS UP HERE JUST A MOMENT AGO.
MAYBE HE NEEDS TO LOOK INTO THAT. MAYBE HE DIDN'T HEAR THAT.
AND MAYBE THE TWO PEOPLE THAT LEFT EARLIER. MAYBE THEY NEEDED TO HEAR THAT.
DO THEY WANT THEIR WATER BROWN? THOSE ARE MY QUESTIONS.
AND I KNOW Y'ALL CAN'T ANSWER FOR THEM. AND I APPRECIATE EVERYBODY DOING THE RIGHT THING TONIGHT.
BUT I WOULD LIKE TO SEE THIS MOVE ALL ALONG A LITTLE FASTER.
WE ARE ALL WORN OUT. I MEAN, AREN'T Y'ALL TIRED? AREN'T ANY OF Y'ALL TIRED ABOUT THIS? THIS IS EXHAUSTING.
WHY ARE WE HAVING TO COME UP HERE AND EXPLAIN THAT WE DON'T WANT OUR WATER BROWN? WHY ARE WE HAVING TO COME UP HERE AND EXPLAIN THAT WE DON'T WANT TO DRINK YELLOW WATER OR GRAY WATER? WE LIKE IT CLEAR AND CLEAN SO WE CAN LIVE BECAUSE WE HAVE TO HAVE WATER TO LIVE.
WHY ARE WE HAVING TO EXPLAIN THAT? EVERYBODY SHOULD KNOW BY NOW WHO'S LIVING? BECAUSE I'M PRETTY SURE EVERYONE THAT IS HERE TONIGHT WAS MAYBE, MAYBE SOME OF US WERE BORN AT NIGHT, BUT IT SURE AS HELL. ONE LAUGHS. NOT I MEAN, I'M LOOKING AROUND.
IT LOOKS LIKE A ROOM FULL OF ADULTS TO ME. SO MY QUESTION IS, THIS ISN'T ANY DIFFERENT OF WHAT HAPPENED IN GARY, INDIANA THAN WHAT HAPPENED IN A SIMILAR SITUATION OF HOW THEY DISPLACED ENTIRELY OF NEW ORLEANS IN 2005, AND THEN THAT'S GOING TO HAPPEN TO MEMPHIS. SO WHERE DO YOU THINK ALL THOSE PEOPLE ARE GOING TO GO? WHAT'S GOING TO HAPPEN TO THEM? DO WE WANT THAT TO HAPPEN TO LITTLE ROCK? DO WE WANT IT TO HAPPEN TO WRIGHTSVILLE OR ANYWHERE ELSE AROUND US, ANYWHERE IN THE STATE OF ARKANSAS? WE REALLY HAVE TO THINK ABOUT THAT AND LOOK AT OURSELVES IN THE MIRROR AND DECIDE, ARE WE GOING TO SIDE WITH WHITE SUPREMACY AND DISPLACE ALL OF THESE PEOPLE AND KEEP OUR AND KEEP ALL OF THE POWER OFF? BECAUSE FOR THESE DATA CENTERS, WHY DOES THE DATA CENTER HAVE PRIORITY OVER, I DON'T KNOW, YOU KEEPING YOUR LIGHTS ON, MISS LEWISON OR YOU BEING ABLE TO USE YOUR LAPTOP? MISS WARD, I THINK WE SHOULD BE ABLE TO HAVE PRIORITY OVER THAT, OVER FREQUENT DATA CENTER.
THANK YOU. THANK YOU. AND, WENDELL GRIFFIN.
MR.. MR. KIEF, I'M SORRY THAT MR. HOUSE LEFT BECAUSE I WANTED TO EDUCATE HIM ON THE LAW.
BUT SINCE HE SINCE HE DID NOT STAY, I YOU HAVE TO BEAR WITH ME.
AS YOU KNOW, I HAVE READ SOME OF THIS STUFF FOR A WHILE, AND 56 DEALS WITH COSTS AND FEES AND MONITORING FEES AND ESCROWS AND BUDGETS, AND PEOPLE ARE SAYING, YOU CAN'T DO THAT.
MR. HOUSE JUST SAID YOU CAN'T PUT ON ANOTHER FEE.
WELL, HE'S AS WRONG AS HELL, RIGHT? TIRED OF IT.
I'M GOING TO SAY SO BECAUSE I'M GOING TO TELL YOU.
FOUR. ARKANSAS SUPREME COURT CASES AND A UNITED STATES SUPREME COURT CASE THAT SAYS YOU CAN DO IT, THAT SAYS YOU CAN DO IT. NOW, I'M NOT THE ONLY LAWYER WHO CAN FIND THESE CASES.
ANY LAWYER WHO LOOKS CAN FIND THEM. I FOUND THEM IN 15 MINUTES THIS AFTERNOON.
[02:00:04]
OKAY. AND SO THIS ISN'T HARD. YOU JUST GOT TO WANT TO.AND THEN WHEN YOU FIND IT, YOU GOT TO BE HONEST ENOUGH TO SAY THIS DOESN'T SUPPORT MY POSITION.
SO LET ME SAY IT DOWN AFTER I TELL YOU THIS, BECAUSE I DON'T WANT PEOPLE TO SAY I WAS QUIET WHEN SOMEBODY WHO DIDN'T KNOW THE LAW SAID WHAT THE LAW WAS, AND THEN SAT DOWN AND LEFT AS IF HIS NAME WAS GOD.
CITY OF MARION VERSUS AYE, A 1993 CASE. 1993 CASE.
OKAY. PARTICULARLY FAVORABLE, THE ARKANSAS SUPREME COURT UPHELD A WATER AND SEWER CONNECTION ACCESS FEES, EVEN THOUGH THEY SUBSTANTIALLY EXCEEDED THE IMMEDIATE PHYSICAL COST OF MAKING A CONNECTION.
ACCESS FEES WERE UPHELD. THAT'S USEFUL. 56 BECAUSE IT MEANS ARKANSAS LAW DOES NOT REQUIRE A REGULATORY CHARGE TO EQUAL THE CLERK'S TIME OR IMMEDIATE TRANSACTION EXPENSE.
THAT'S THE LAW. AYE A 2011 CASE 12 YEARS LATER.
MORNING STAR VERSUS BUSH. ARKANSAS SUPREME COURT.
EVEN MORE EXPLICIT, SUPREME COURT EXPLAINED THAT POLICE POWER FEES ARE ORDINARILY USED TO COVER EITHER THE COST OF ADMINISTERING A REGULATORY SCHEME OR THE COST OF PROVIDING A SERVICE. THAT CASE UPHELD A STORMWATER FEE BECAUSE IT WAS AUTHORIZED FAIR AND REASONABLE.
IF IT IS REASONABLY RELATED TO THE GOVERNMENTAL PURPOSE AND IT'S A REASONABLE AMOUNT, IT IS A FEE.
IT'S NOT A TAX AND IT'S UPHELD. THAT'S ARKANSAS LAW TODAY.
LAST NIGHT, LAST WEEK, TWO YEARS AGO, 2011, 1993, WHEN MR. HOUSE CAME OUT OF LAW SCHOOL, HIS LAW LICENSE STILL HAS IT LOW.
SECONDLY, THE THE UNITED STATES SUPREME COURT HAS ANOTHER POINT.
EVEN MORE FAVORABLE UNITED STATES VERSUS SPERRY SPERRY CORPORATION, A 1989 CASE. THE COURT SAID IT HAS NEVER REQUIRED A USER FEE TO BE PRECISELY CALCULATED.
CALIBRATED TO THE GOVERNMENT SERVICE. A FAIR APPROXIMATION IS SUFFICIENT.
LOOK, IN 56, EVERY TIME YOU SEE FEES, THEY TALK ABOUT PROPORTIONALITY.
YOU TALK ABOUT ONLY FEES FOR THE COST OF THE DOING THE STUDY.
I PUT IT IN THERE BECAUSE THAT'S THE LAW. IT'S BEEN THE LAW FOR WELL, NOW 30 YEARS, AND I THOUGHT I OWED IT TO THE PEOPLE OF THIS COUNTY AND TO YOU TO PROPOSE A REGULATION THAT FITS THE LAW.
NOW, IF WE DON'T CARE ABOUT THE LAW. TALK ABOUT BEING SUED.
BUT WHEN THE LAW SAYS SOMETHING, DON'T SAY I'M SCARED OF BEING SUED.
WHEN THE LAW SAYS, WHEN YOU GET SUED, YOU'RE GOING TO LOSE.
WHEN YOU'RE SUED. BRING YOUR SUIT. YOU'RE GOING TO LOSE. BECAUSE HERE'S WHAT HAPPENED.
IT IS A 12 B6 MOTION. A JUDGE WILL HEAR IT, THE JUDGE WILL DECIDE IT,
AND THEY WILL CITE THESE CASES AND THEY WILL SAY, CASE DISMISSED. MIC DROP. WITHOUT OBJECTION,
WE ARE ADJOURNED. SECOND.
* This transcript was compiled from uncorrected Closed Captioning.