During the April 27 city council meeting, legal counsel Heather Owens pointed out a discrepancy regarding exclusive rights language within the newly written interlocal agreement between the city and Carroll County Solid Waste. At the May 11 meeting, CCSWA Director Roger Miner explained the state Supreme Court had recently ruled in a case that arose in Holiday Island in which the court identified certain “event-based” services as “supplemental services,” and although the court “said yes” to enabling legislation for cities in Arkansas to select an exclusive contractor to provide regular services, it does not go on to forbid other supplemental providers. Meaning, private citizens may hire other entities to provide one-time event-based services such as roll-off or other types of construction or demolition containers.
Miner said Owens had rightly pointed out that some language in that section didn’t entirely comport with the Supreme Court decision, and that they had reworked the agreement in order to “tip the hat” to the court and “the effort they made on this topic.”
Alderman Terry McClung thanked Owens for her hard work in taking care of the issue and motioned to approve the reworked interlocal agreement – which was unanimously approved.
Social District forum May 20
At Alderman Susane Gruning’s request, discussion of the Permanent Entertainment District was removed from the agenda at the top of the meeting. However, the topic continued to arise throughout comments made by both the public and council.
The Eureka Springs Chamber of Commerce has scheduled a Community Open House Forum on Wednesday, May 20, from 6 – 7:30 p.m. at the Inn of the Ozarks Convention Center to discuss the PED – recently renamed Social District.
During public comments, Chamber representative Devin Henderson reported that the ballot certification deadline is August 20, and that members of the Chamber were confident in taking a short, additional amount of time to have a “broader, more detailed community-oriented conversation” before presenting any ordinances to the community and council.
Freund Day July 6
Mayor Butch Berry read a proclamation in honor of Louis and Elsie Freund, “who devoted their lives to the advancement of the arts, historic preservation, and strengthening the community spirit of Eureka Springs,” declaring July 6 Louis and Elsie Freund Day, encouraging “residents and visitors recognize and celebrate their enduring contributions to the arts, preservations, and community life of the city.” The couple were married in Hatchet Hall on July 6, 1939.
Other Business:
- Vacancies exist on the CAPC, Hospital, Planning, and Cemetery commissions.
- Steve Killebrew was approved for the Cemetery commission.
- Public Works Director Simon Wiley said his department had received a water special systems recognition award from the Arkansas Waterworks and Water Environment Association, based off tests results from wastewater treatment plant and monthly letters he writes to the Department of Environmental Quality.
- Resolution No. 909 was approved, securing a 25-year, $1,000 lease agreement between the city and the Dortch family for use of their property for the city’s welcome sign near the intersection of Main St. and Hillside Ave.
- A public hearing date for Lyla Allison’s property vacation request was established for June 8.
- Council agreed to cancel Memorial Day’s meeting, to reconvene on June 8.
- Gruning added discussion of the Social District to next meeting’s agenda.
- McClung invited people to call or email him to discuss the Social District.
- Alderman Harry Meyer spoke against the Social District, saying there are “two important issues that we need to devote all of our efforts to; the sales tax and the bond issue that the city needs for the funds to dedicate to the water-sewer improvement.” Meyer expressed concerns about placing too many issues on the ballot.
- Alderman Steve Holifield encouraged everyone to attend the Social District forum on May 20. “Let’s listen to what they propose, what they have to say, and then if we put it on the ballot then everybody will have a chance to vote on it. I’m ready to move forward on this and concentrate on other city business as well.”