Holiday Island animal control still not contracted, agreement to be worked out with county

As of this writing, there is still no enforcement of Carroll County's animal control ordinance in Holiday Island because of legal wrangling between the county, the sheriff's office and the Holiday Island Suburban Improvement District (HISID).

However, that should soon change, said County Judge Mike Botelho Monday, as an intergovernmental agreement between the county and Holiday Island is in the works.

According to the county prosecutor's office, Holiday Island must go through the county to contract for enforcement of a county ordinance.

The county's animal control ordinance, No. 2003-13, was passed last year and regulates the ownership and control of vicious and "exotic wild" animals. It does not regulate "nuisance" animals.

Ed Rambo, vice-president of Oak Hill Kennel, was hired by then-County Judge Ed Robertson to enforce the ordinance. Rambo resigned a short time later and the county, struggling with budget shortfalls, reabsorbed the funds despite the ordinance's provision that "Carroll County shall employ and Animal Control Officer to enforce the provisions of this ordinance."

Because of mounting pressure from Holiday Island residents to do something about vicious animals, i.e., dogs, in residential neighborhoods, HISID developed a private contract with Rambo for a limited enforcement of the ordinance within the confines of Holiday Island.

The HISID board approved that contract Feb. 23.

Rambo was to be deputized by the Sheriff's Department and would be protected under the county's tort immunity. This is where problems emerged.

"It's not so simple as it was thought to be by Holiday Island or the county," said Capt. David Slaton of the Sheriff's Department. "An opinion came from the Prosecutor's office - this has to be approved through the county judge's office."

In response to an inquiry from the Sheriff's Department, Deputy Prosecuting Attorney Chris Flanagin issued an opinion that any contract for enforcement of a county ordinance must be with the county and not between a community and an individual privately.

"The person must be under the direction of Carroll County," Flanagin wrote, "as it is a county ordinance the person will be enforcing.

"Based on the ordinance, it would be the county judge's decision who to hire, and said employee would be an employee of the county under the direction of the county judge."

"We are in the process of writing an intergovernmental agreement that works similar to the agreement for deputies to patrol Holiday Island," said Botelho. He said he learned Monday the county does not need the approval of the Quorum Court to go forward with the agreement.

"There are four steps to get this in place: the agreement has to be between the county and Holiday Island; the county then will designate whoever Holiday Island chooses; that agent will enforce the county's ordinance within Holiday Island's boundaries; and the county will pay the agent, and Holiday Island will reimburse the county."

He said calls to that agent to enforce the ordinance would be dispatched out of the sheriff's office.

Botelho said the agreement is being written so it can also apply to any other unincorporated communities in Carroll County who may want vicious animal enforcement. Incorporated cities and towns have the authority to enact and enforce animal control ordinances within their boundaries.

Unless Holiday Island holds a special meeting to vote on signing the intergovernmental agreement, it will be considered at the next regularly scheduled work session April 19 and voting meeting April 26.

City council allows wine for Willie's concert

The Eureka Springs City Council adopted a "one-time" ordinance Monday night to allow open containers of alcohol in the City Auditorium for the Willie Nelson concert Friday evening.

Change in CAPC collectors delayed

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HISID closes Clubhouse restaurant and approves vending machines

In a very heavy agenda Monday night, the Holiday Island Suburban Improvement District (HISID) Board of Commissioners resolved a long-standing issue: it voted to close the Clubhouse restaurant and to purchase a sandwich vending machine.

Holiday Island animal control still not contracted, agreement to be worked out with county

As of this writing, there is still no enforcement of Carroll County's animal control ordinance in Holiday Island because of legal wrangling between the county, the sheriff's office and the Holiday Island Suburban Improvement District (HISID).