Lindblad warns council of possible FOIA case

Eureka Springs Alderman Karen Lindblad cautioned other members of the City Council Monday evening about sending e-mails to each other discussing possible votes on agenda items as violations of the Freedom of Information Act (FOIA).

The regular meeting had barely gotten underway when Lindblad displayed an e-mail from Alderman Robert "Butch" Berry to Alderman Gayle Money addressing items on the night's agenda.

"I have talked with the state attorney general's office this afternoon and he said any discussion of a possible vote in an e-mail from one council member to another is a violation of FOIA," Lindblad said.

"This e-mail clearly says the agenda items about staggered council terms are inappropriate because of the upcoming (special) election."

"I said I would handle the agenda items during the meeting," Money said. "I was just going to point it out during the meeting."

Alderman Bill Ott said, "Everyone on the council is listed on that e-mail. Surely we are able to communicate."

"Not like this," Lindblad answered. "You can e-mail the mayor or her assistant and they can communicate with all of you, but you can't e-mail each other and discuss things which may have votes during the meeting. It is a violation of the FOIA."

The two items on the agenda discussed in the e-mail were listed as ordinances setting staggered four -year or two-year city council terms.

Mayor Kathy Harrison said she did not have ordinances ready, her assistant Brenda Spencer, had assigned ordinance numbers in preparation for their presentation.

"I just wanted to have a discussion of staggered council terms," Harrison said. "Former council member Ernst Schrader proposed staggered terms and Bryan Sumpter came to the council early last year with the same proposal."

"I don't understand why this is even on the agenda," said Alderman Penny Carroll. "What is the rush? We have an election coming which will address this issue. It is silly to talk about it."

Lindblad said she thought it was an appropriate agenda item and was willing to discuss staggered terms.

When the vote was taken, only Lindblad and Earl "Bud" Umland voted to discuss the proposals. The other four members voted against the discussion.

Aerial mapping

Representatives of Aerial Data Services of Tulsa, Okla., made about an hour's presentation to the council, members of the Planning Commission and various department heads prior to the meeting.

The company specializes in aerial photography and mapping, including production of topographic maps.

City Planner Richard Harper presented Eric White and Lynn Henry. He has had one workshop session with them and a couple of meetings.

The two men have offered to photograph the Eureka Springs area as a pilot project to introduce their work into this area. Because it is part of an already-planned project, White said the shared cost to the city to have 60 square miles mapped about be approximately$200,000.

White said he is a surveyor by training and has been making topographic maps for approximately 40 years.

"We make very technical maps for cities, counties, state, engineers, anyone who has a need for such a map," he said. "You can use these maps for your water and sewer and utility systems, if you want.There are 50 ways to use these maps.

"You may not need them this year or next year, but as technology advances and your city grows and changes, you will need good maps."

Some of the information and equipment the company uses is also being used by the Eureka Springs High School EAST Lab in its mapping projects.

In discussion during the council meeting, Ott asked Harper to have ADS prepare a formal proposal, with costs, for the council to consider during the May 10 meeting.

Money said she would like a similar proposal from the EAST Lab.

Preservation grant

The council voted to support a resolution for an application to the U.S. Department of Agriculture, Rural Housing Services, for a $94,500 Housing Preservation Grant.

Teresa Mills, Housing and Urban Development (HUD) coordinator for the Community Development Partnership (CDP) of Western Carroll County, and Glenna Booth, economic development coordinator for the city, explained the grant would be used to help low income owners of historic homes preserve the exterior of their property.

"Eureka meets the primary qualifications for the grant," Mills said. "We are in a rural area, we have a historic district with houses on the National Register of Historic Places and we have a population under 5,000.

"If we get the grant, we will set up a review/selection committee that will take applications from home owners to fix up the outside of their homes - siding, roofing, painting, repairs, etc. We have three years to spend the money."

The CDP will be the 501(c)(3) organization to actually apply for the grant and to administer the funds, once it is awarded.

The Historic District Commission (HDC) voted to support the grant application during its April 7 meeting and pledged $2,000 as matching funds.

Day of Prayer

Ott presented a proclamation for adoption naming May 6 as a National Day of Prayer in Eureka Springs.

Marking the 53rd anniversary of the day, Ott wrote his proclamation to "be unique to Eureka Springs."

In it he wrote, "...Americans will unite in prayer for our nation, state, community and neighborhoods to give thanks for the many blessings we share, to recognize our need for personal renewal, and to invoke blessings from the God of our own understanding, and to ask our individual Higher Power to heal and unite our community, state, nation and world."

The proclamation also "urge(s) all residents to pray with diligence and humility, and to seek the face of the God of their own understanding to direct our paths in the days and years ahead."

Alderman Lindblad protested approving the proclamation, saying "there needs to be a separation of church and state. I don't feel any civil or governmental authority should proclaim anything about religion.

"This country was founded on the principal that government stay out of religion. Prayer should not be mandated by the government."

Other council members didn't agree and voted 5 to 1 to support the proclamation.

Stop sign on Prospect

Mark Jipp, co-owner of the Veranda Inn, 38 Prospect, asked the council for a stop sign on Prospect, change in designated parking areas, and repaint on curbs to discourage parking.

He said the intersection of Prospect and Linwood is dangerous because there is a blind curve on Prospect.

He said drivers stopping on Linwood often creep out into traffic, creating problems, as they try to get past the stop sign.

He said he was willing to give up one parking space in front of his house on Prospect and another on the Linwood side to ease the congestion in the area.

He asked for a stop sign on Prospect "to slow down traffic. It is like an on ramp coming down Prospect to that turn," he said.

Police Chief Earl Hyatt said he did not want to lose any parking spaces, "because there aren't enough."

He thought a stop sign on Prospect would be more disruptive to the flow of traffic than a benefit.

He said he has sent patrol officers to the area with radar guns and has never been able to catch anyone speeding through the area.

Hyatt did agree to having a red line painted on the curb on the Linwood side of the house to ease the parking and traffic situation.

Skate board event

An ordinance was adopted to allow a skate boarding demonstration in Basin Spring Park between 11 a.m. and 4 p.m. Saturday, May 15. The request came from the Parks and Recreation Commission Parks Director Bruce Levine.

The event will be a fund-raiser for the new skate park and give the youngsters a chance to show off their skills.

In a letter to the council, Brenda Spender, administrative assistant to the mayor, said the Saturday demonstration would be a kick-off to a community picnic in Harmon Park Sunday, May 16.

Lindblad warns council of possible FOIA case

Eureka Springs Alderman Karen Lindblad cautioned other members of the City Council Monday evening about sending e-mails to each other discussing possible votes on agenda items as violations of the Freedom of Information Act (FOIA).

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