HomeMy WebLinkAbout11-22-96•
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Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 22, 1996 - 4:45 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in special session
with Vice Mayor Joan Adcock presiding, in the absence of Mayor Jim Dailey. (Note:
Mayor Dailey was on a Sister Cities International- sponsored trip to Vietnam.) City Clerk
Robbie Hancock called the roll with the following Directors present: Directors Sharp,
Mason, Kumpuris, Hinton, Hodges, Keck, Joyce, and Wyrick - total 8; Absent - Mayor
Dailey and Director Wilson - total 2.
With a quorum being present, Vice Mayor Adcock declared the Board of
Directors in session and announced the purpose of the special meeting was to discuss
the City's options regarding the City of Faith Halfway House, located at 1401 South
Garfield Street. The Neighborhood Associations have asked the City of Little Rock to
join in a lawsuit to stop the operation of the halfway house correctional facility. Notice
of the special meeting was filed with the City Clerk. The proceedings of the meeting are
recorded as follows.
Vice Mayor Adcock then called on City Attorney Tom Carpenter to explain his
Memorandum dated November 22, 1996. Mr. Carpenter said the question he had been
asked is whether the City can seek some kind of injunction action against the
government, or against Ms. Kathy Biedenharn, president of the City of Faith
Ministries, to stop the operation of the City of Faith Halfway House at 1401 South
Garfield Street in the City of Little Rock. His answer was no. He said injunctions are
not easily granted. To obtain injunctive relief the City would have to show, among other
things, that it had a claim, a likelihood of success on the merits, and an irreparable harm.
From a legal standpoint, the City fails on all three counts. Is there any legal action the
City could take to stop this halfway house from being located at this address? The
only two actions that may be available are to (1) change the zoning classification to no
longer permit this use, or (2) to immediately condemn the property to be used for some
valid public purpose. Both of these alternatives present major problems, and substantial
individual legal risks to the members of the Board of Directors. In short, there is no valid
cause for action to be filed. He did note that the City's positions were not totally ignored
by the Bureau of Prisons. The Bureau has agreed to an arrangement that gives the Chief
of Police prior notice of the persons to be placed in this facility. If the Chief has
knowledge of reasons that it would be inappropriate for this placement - e.g., gang
involvement, prior sexual offenses, offenses against children - these issues can be raised
directly with the Bureau of Prisons, and, hopefully, an accommodation reached that
would send the person elsewhere. Also, Ms. Biedenharn plans to form a community
relations board to establish mutual communication and support among the community,
and will provide a tour of the facility for anyone in the neighborhood.
Mr. Carpenter then responded to questions from the Board. In conclusion,
Director Sharp said he felt for the neighborhood, but there is nothing the Board of
Directors can do, and recommended that the Certificate of Occupancy be issued as soon
as possible.
There being no further business to be presented, the special meeting of the Board
of Directors was adjourned at 5:00 o'clock P.M.
ATTEST:
6Z gag.& a.
City Clerk Robbie Hancock
APPROVED:
Vice Mayor Joan Adcock