Two aldermen vote to dissolve Parks

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Eureka Springs City Council moved its regular Monday evening meeting to a warm Tuesday afternoon, and discussion inside the Auditorium got even hotter. At one point, alderman David Mitchell made the motion to dissolve the Parks Commission, quickly seconded by alderman Kristi Kendrick, and the brouhaha was on.

Mitchell eventually amended his motion to instead ask City Attorney Tim Weaver to research what it would take for council to dissolve the commission and make it a city department. However, when it was time to vote on Mitchell’s motion, only Mitchell and Kendrick voted Yes, so the motion failed. Nevertheless, getting to the vote was a barbed and prickly exercise.

The discussion originated from a synopsis of the opinions from Municipal League attorneys regarding the ability of Parks to enter into contracts, validity of the Lake Leatherwood City Park sales tax, and what control council has over the sales tax revenue.

Kendrick has questioned the language of the ballot which voters approved in 2017 and was skeptical that responses from the Municipal League addressed her concerns about the legality of the LLCP tax. Mayor Butch Berry said she could write down her concerns and he would forward them to the Municipal League, although he noted he had provided everything the attorneys had asked for.

Alderman Terry McClung said if they had wanted more information, they would have asked for it but they did not. Alderman Mickey Schneider said the entire discussion was about whether Parks could enter into a working arrangement with the Community Center Foundation to manage its new greenhouse, and she contended the document before them stated over and over Parks could do so because the commission is autonomous and can do what it needs to do.

Mitchell countered no one was denying Parks was autonomous to a degree, but he supported Kendrick’s contention the opinions before them were tainted because information was missing. He stated they should defer any decisions until her questions could be answered. He also maintained the ultimate authority over Parks rested with council, its existence rested council, and the ability to remove a commissioner with cause rested with council. He added it might be interesting for aldermen to consider dissolving the commission and make Parks a department under the mayor’s office.

Kendrick pointed out these opinions were obtained not because of Parks working with the Community Center, but because of what she considered deficiencies with the ballot that voters approved, with Parks’ financial reporting and with the failure of council to appropriate the tax revenue to Parks. She said she would compose further questions and submit them.

Schneider repeated her point the issue began with Parks trying to work with Community Center, and again contended the attorneys stated Parks could do so. “To even consider ending the commission is one of the most horrific thoughts I’ve ever come across,” she commented.

Mitchell insisted there were questions still unanswered, and asserted that Parks Director Justin Huss could capably continue his leadership as a department head under the mayor. He said he had voiced concerns in the past regarding collusion between Chair Bill Featherstone and the Community Center. He questioned why Parks did not instead consider working with the greenhouse at the high school. He repeated his unease about possible collusion, then made the motion the Parks Commission be dissolved in favor of becoming a city department.

“I’ll second that,” Kendrick stated.

“How much more stupid can a city be to take a viable entity and screw with it?” Schneider argued. She insisted Parks was the most viable financial resource the city has because it is bringing in more and more people to town. She pointed out Lake Leatherwood City Park was packed over the weekend and claimed council could not have done what Parks has done lately for the city.

“We’re supposed to represent the people,” she asserted, and said “micromanaging and screwing with them, something that’s working, it’s the worst thing you can do to this town.”

McClung said, “Mr. Mitchell used the word collusion, and I call it partnership – big difference.” He stated clearly his opposition to dissolving the commission because it is one of the strong points for the community because attracts so many community volunteers.

“I think you’d kill it, and you’d probably have an uprising in town if you tried to do it. I am totally against it,” McClung stated. “I think the idea stinks.”

Weaver chimed in. “Before you dissolve the commission, you need to refer back to what the Municipal League said. Doing so could create a world of problems.”

Kendrick objected to Weaver speaking during a discussion between aldermen, but Weaver with emphasis replied he was providing his legal opinion, which was his job, and removing a commission could interfere with contracts and constitutional issues.

“If you want to dissolve the commission, do it right,” he advised. “Don’t do it in a hurry, and don’t do it on a whim.”

At that point, Mitchell rescinded his original motion and made a new one in which he requested that Weaver research what council needed to know in order to consider dissolving the Parks Commission and turn it into a city department. He claimed this move would not impact the community spirit connected to Parks, and all the committees supporting Parks would still exist.

Schneider strongly disagreed. “I can tell you as an old-timer the people of this town will revolt if you try to sit there and cancel the whole thing and I will help lead them,” she said.

Alderman Bob Thomas stated he was not ready to dissolve the commission because he had not totally lost confidence in it, and observed that conversation at the council table might spur changes in how the commission operated. Alderman Melissa Greene agreed with Thomas.

Mitchell, not deterred, insisted Parks should “consider making some changes to reinvent themselves to be more in line with our concerns,” to which Schneider claimed dissolving the commission would be “the biggest damn mistake this city could make.”

Then came the vote on Mitchell’s motion, which only he and Kendrick supported, so it failed.

Other items

  • Aldermen approved the second and third readings and the emergency clause of Ord. 2266 which waived competitive bidding for the purchase of up to ten units of self-contained breathing apparatusi and a compatible compressor for ESFD. Aldermen acknowledged the need for quick approval of the ordinance because the cost would have increased without speedy action.
  • Council approved Resolution 728, which authorized the removal of Rock Street as a future possible trail location from the Master Trails map.
  • Council postponed action on a mid-year budget cleanup resolution until Finance Director Lonnie Clark presented the information in a different format that displayed more clearly what was being cleaned up.
  • At the request of the Planning Commission, alderman voted to impose a six-month moratorium on the issuance of Conditional Use Permits for Bed & Breakfasts in the R-1 and R-2 zones.
  • Cameron Denoewer was seated on the Parks Commission.
  • Aldermen approved Resolution 727, which authorized the use of Board Rule #4 for the Local Fireman’s Pension Fund.

Next meeting will be Monday, June 11, at 6 p.m., at the Auditorium.