Eureka Springs City Council held a regular meeting on Monday, July 13 where Aldermen Terry McClung and Rachael Moyer were absent with notice, and Harry Meyer, Steve Holifield, David Avanzino, and Susane Gruning were present, establishing a quorum.
During public comments, resident Jay Fusaro raised concerns regarding the expansion of Dr. Paul’s Rehab Center. “We have a critical regulatory gap that threatens the infrastructure of our community,” Fusaro stated. “Our town lacks the extensive health and human services needed for Dr. Paul’s expansion and we face an incredibly tight housing market. Yet we currently have zero local ordinances restricting the number of beds a drug rehab facility can operate or limiting the number of properties they can acquire.
“Dr. Paul’s has purchased two hotels with the combined capacity of 84 rooms. Under double occupancy, this introduces up to 168 individuals, plus at least 30 more at their primary location. This is an influx of nearly 200 transient individuals in a town of 2,000 – which is about ten percent of our population. This is no longer a localized treatment center; it is operating at an institutional scale.”
He also expressed concerns about patient placement near schools and the lack of transition and discharge planning for individuals leaving treatment, asking council to direct the Planning Commission and city legal counsel to draft an ordinance. “It is not about opposing addiction treatment,” Fusaro said. “It is about a severe lack of infrastructure and accountability.”
Resident Susan Brashears wrote with echoing concerns and in agreement with Fusaro’s request that council direct the drafting of zoning ordinances addressing “bed capacity limits, property acquisition caps, buffer distances from schools and neighborhoods, and mandatory discharge/transition frameworks.” Brashears also noted concern for setting precedent for other high-density operations.
Can commissioners commission on various commissions?
In new business was an ordinance allowing commissioners to serve on more than one commission simultaneously. Historically, a member of city council could be appointed to a commission, but commissioners could not serve on more than one commission at a time.
Alderman David Avanzino asked about the purpose of the rule and whether there were any legal concerns. Mayor Butch Berry said the ordinance was created 30-40 years ago, and he had no idea of the rationale. Legal counsel Heather Owens confirmed that state law does not require commissioners to be compartmentalized.
Alderman Steve Holifield said recruiting commissioners can be troublesome, and often it’s retirees who tend to have the time. He highlighted that two council members serve on the CAPC and said he also wouldn’t mind serving on another commission. “I think city council member representation on these commissions is only a positive – to bring it back to us, to have more of an input, and connection with them.”
Gruning agreed, underscoring that commissioners are volunteers and expressing gratitude for any community member willing to serve.
Holifield moved to assign the ordinance a number, suspend the rules, and read by title only. Ord. 2389 to amend municipal code regarding membership on more than one commission was read twice, with alderman in unanimous approval. A third reading will be required for the ordinance to pass.
The final order of business was the proposed ballot measure which would allow voters to give authorization on the creation of a permanent entertainment district.
High entertainment
Berry opened the entertainment district conversation referencing historical elections – one in 1987 which allowed the sale of alcohol in bars and restaurants on Sundays in the state, and one in 2000 during which Eureka Springs became the first city in Arkansas where voters chose to allow packaged alcohol sales to be sold from stores on Sundays. “While I cannot see into the future and have no idea what the data will show, I do feel, like back in 2000, that the voters should have the final vote,” he said. “Obviously, it’s an important consideration and has caused a lot of divisiveness among our residents and I really hate to see that. For that reason, I would like the city council to seriously consider this ordinance.”
Gruning said she was glad they had approved the trial and were collecting data but said she agreed it should go to the voters. “I hope even with the information that they do take that into consideration with an open mind.”
Avanzino motioned to suspend the rules and read the ordinance by title only. Meyer then said that placing the issue on the ballot would distract voters from the more important ones; referring to the one percent sales tax and bond measures created to relieve citizens of water and sewer infrastructure costs. Meyer said he feared that voters would end up voting no on all measures, and that in this ballot cycle, it would be a mistake.
Holifield disagreed, saying voters are smart enough to comprehend multiple ballot measures. “When it comes to anything that becomes this divisive in our community then it needs to go to a vote, it shouldn’t be something that city council decides,” Holifield said, “I support this one hundred percent.”
Gruning said she thought there were valid points on both sides and could not disagree with what Meyer was saying. A roll call vote was taken wherein Meyer voted no, Holifield and Avanzino voted yes, and after a pause for deliberation, Gruning ultimately voted no; the motion failed.
City council could still approve a ballot initiative by ordinance regarding the Entertainment District before the Aug. 29 deadline.
Other Business
- Janice Collette and Heather Reed were approved for Cemetery Commission.
- Vacancies exist on Planning, CAPC, and Hospital Commissions.
- Public Works Director Simon Wiley reported several recent infrastructure improvements including the installation of an automatic flusher on Mill Hollow Rd. and leak repairs at the intersection Huntsville Rd. and E. Van Buren. Wiley also reported that a bubbler and enzymes had been placed at the Police Department lift station. His crew has removed outdated light assemblies that were flickering at the top of Planer Hill and are looking into how to modify them to fit updated light fixtures. Wiley said his department has not noticed any increases in trash since the trial PED began.
- Holifield added discussion of the noise ordinance to next meeting’s agenda. Bidding for Black Bass Dam repairs is scheduled to open August 20.
- Gruning added sidewalk updates to next meeting’s agenda.
- Meyer commended Parks Director Sam Dudley for his dedication.
- Heather Wilson said in public comments that she had been tagged on Facebook by the spouse of a city council member, who accused her of trying to influence council and would be “held accountable.” Wilson suggested this could easily be seen as intimidation or online harassment. She maintained opposition to the PED, and said she hoped that going forward council would reflect on the precedent it has established regarding citizens votes but also recommits itself to protecting the ability of every resident to participate in civic discourse without fear of intimidation or personal retaliation.