Little Rock Historic District Commission member Jennifer Carman does not believe she violated the body's code of ethics by emailing other commission members to voice her opposition to a proposed downtown apartment development.
Carman, who had to recuse herself from a vote on the 50-unit, three-story apartment project because she owns property across the street from the site, said she felt that she could still voice her opinion as a city resident. Her email subject line read "Scott St. Development, CITIZEN comment of Jennifer Carman."
Commissioners did not vote on the $8 million Moses Tucker Real Estate project during Monday's meeting on the advice of City Attorney Tom Carpenter. Also under review by Carpenter is whether family members of recused commissioners can express an opinion on a project. Mary Kelley, wife of Commissioner Dick Kelley, spoke against the project during a meeting March 14, when he had recused from the matter.
"I am well aware of the code of ethics and the rules. I've never violated the code of ethics. I haven't discussed projects in advance of a vote," Carman said Tuesday. "As someone who knew I didn't have a vote, I don't believe that means I don't have a voice. I received the same card as every other resident on the street received inviting me to comment. And I did so. I did exactly what every other neighbor did."
Whether punishable violations occurred will be up to the city's Board of Directors. Punishment for a violation includes a verbal warning, a written letter detailing the violations or removal from the board. Carpenter said he is hoping to issue an opinion on the matter before the May 9 meeting, when the commission is set to consider the property's appropriateness for a third time. Carman's email was sent two days before the commission was planning to vote.
Projects in the historic district are evaluated on 11 criteria, including mass and scale, building materials, architectural style and general design. Concern expressed to the city's planning department and during the March 14 meeting and in subsequent phone calls and emails from the general public have centered primarily on the structure's size.
A center unit of the complex has been eliminated and replaced with a courtyard in an effort to reduce "the perceived mass of the building when walking or driving along Scott Street." A swimming pool has been eliminated from plans for the Scott Street Flats, which Moses Tucker said would be the first development on the land in nearly 50 years.
Carman's email, a copy of which she provided to the Arkansas Democrat-Gazette, was sent to other commission members, city planner Brian Minyard and the office of Mayor Mark Stodola. In the email she praises the work of Moses Tucker Real Estate but calls into question the appropriateness of the Scott Street project, describing it as a "giant, block-long monstrosity."
Also in her email Carman said the proposal "looks like a glorified dormitory or hospital. Unfortunately, the massing and scale of this development look like an INDUSTRIAL COMPLEX. They simply do. And I say this as a huge fan of Jimmy Moses and Rett Tucker. ... I would argue that, in this case, the project would be a detriment of the very streetscape we are charged with protecting."
Carpenter suggested a deferral to commissioners on Monday night because of potential legal issues. Earlier in the day he sent an email to commissioners explaining that the correspondence from Carman "has really created a major problem."
"The standard of review," Carpenter wrote, "should this application be denied and litigation pursued, is whether the Historic Commission and Commissioners acted arbitrarily and capriciously. This creates several problems."
"The concept of recusal is you're out of the discussion," Carpenter said. "I think it's in violation of the city's code of ethics, which very specifically states that once someone abstains or recuses, they are not to be involved in the discussion."
Commissioners or members of other city boards often leave meetings when they recuse themselves from a vote. That step is taken to avoid any appearance of impropriety.
Carpenter said he is reviewing other city's best practices to determine what might be best for Little Rock in the future.
In addition to emailing her fellow commissioners, Carman also contacted Moses Tucker Real Estate Chairmen Moses and Tucker. Carman said she is supportive of development of the 30 or so vacant lots that remain downtown but she is concerned with what large-scale apartment complexes will do to property values and the aesthetics of neighborhoods within the historic district.
"Ultimately the crux of the issue is whether recused commissioners are still citizens and if they retain their First Amendment rights," Carman added. "I'm of the opinion that if I'm giving up my First Amendment rights in order to be a volunteer for my city, I'm prepared to step down. I'm deeply invested in downtown. I own two properties in the historic district. I volunteer many hours a month on this commission because I want to see quality infill. I believe when developers and commissioners work together, there are successful outcomes and our city is better for it."
Business on 04/13/2016