Out of 180 signatures on the petition to abolish the Historic District Commission only 131 were certified of the 146 required. Based on these numbers there will not be a ballot measure on the issue in November.
The commissioners spent much of the August 5 meeting discussing a possible ballot initiative to remove the HDC. Under that proposal, Eureka Springs would still have a historic district, but no local agency would exist to enforce the guidelines. Instead, anyone who objected to changes in a building exterior would have to sue in circuit court.
Signatures must still be verified, and the ballot title will have to be approved, but commissioners discussed the impact if the measure passes. They imagined vinyl siding on historic buildings, or the worst-case scenario of someone demolishing several houses to build a grand structure.
In response to a commissioner’s question, Booth explained that the initiative began with a man whose application was denied by the HDC. The man went ahead anyway, then went to court when the city demanded he restore the building to its previous condition. After losing in circuit court and losing an appeal, the man resorted to attacking the HDC as an institution.
Commissioners heard a comment from Janet Seefert, who bought an old house badly in need of attention. Although HDC guidelines sometimes impose additional costs on homeowners, Seefert said the “historic integrity” of the town was the very thing that brought her family here. She said before purchasing the house, she checked on local requirements and knew what to expect. “I’m very disturbed by the petition to do away with historical protection,” she said. “I’ve seen what happens to historic districts without the protection” of a governing body. Seefert said it would be “naive at best” to think that people will maintain current standards. “People will always choose the easiest way to get things done if they have a choice,” she said.
During lengthy discussion, commissioners considered talking points to educate voters. First, they addressed the complaint that voters had never approved the HDC. City council had three readings of the enabling ordinance, however, and voters had a 30-day publication period to register objections. Booth reminded everyone that very few ordinances are passed by a direct vote.
Some have a perception of the HDC as “the pretty police,” with petty rules about paint colors and other obscure restrictions. However, Booth had figures from the past three- and-a-half years showing that the HDC has only rejected six of 850 applications.
Booth had also gone through records to estimate the amount of grant money received because the city has maintained the historic district, and said the city has received more than $2,000,000 in grants, not including additional revenue the town has received from tourism. “Heritage tourists spend more and stay longer than other tourists,” she said.