City's insurance plan studied in face of state stance on DPR

EUREKA SPRINGS -- A proclamation making 2010 the Centennial Year of the Eureka Springs Carnegie Public Library was read at the start of last Monday's City Council meeting to the apparent delight of several residents.

Attorney Alan Epley, spokesman for the Library group, expressed thanks and noted that in 1910 Andrew Carnegie donated $15,500 for the building, which now is worth "close to $500,000 today."

Several copies of a schedule of centennial events were provided to Mayor Dani Joy, who stated "Don't miss it."

As the meeting got underway, a discussion of the city's insurance was added to the agenda.

It was stated that the city's domestic partnership registry (DPR) puts the city in a "delicate position," and is not "just a housekeeping matter."

While currently no city employees are asking for insurance for a domestic partner, the crux of the problem is that the state does not offer domestic partnership coverage.

Going with a different company would be considerably more expensive, both in terms of rates and deductibles, so the state, it was said, needs to change.

Don't wait on Little Rock

Council member James DeVito said "We never let the state's stance influence what we're doing in Eureka Springs. If we wait for it to change, it will not happen."

Mayor Joy reviewed the history of city insurance since August, and said that a Fort Smith risk management company offered choices. She also denied allegations posted on an Internet chat board, saying no one had come to city hall to look at the information.

With 72 city employees, it would cost more than $20,000 to switch carriers, with deductibles increased from $500 to $2,000 per person. Increased costs for the city's employees would be approximately $226,000, with a $362,000 cost difference for families, with no coverage for domestic partners.

"Our hands are tied," Joy said. "The problem is with the state. We cannot change the numbers, and we cannot ask employees to come up with the $362,000 difference."

Council member Mickey Schneider said it will "take people of Eureka Springs nailing it to take it to the state."

Council member Joyce Zeller noted that the DPR does not provide paper documentation for employees, but there are 200 corporations who have agreed to extend insurance benefits to employees who sign committing to a partnership and submit it to them for extension of insurance benefits.

As discussion of the matter came to a close, Joy urged citizens to contact their state legislators and senators, lobbying them to correct the situation.

Sidewalks resurface

Considerable discussion preceeded approval of the second reading of Ordinance 2113 addressing sidewalks.

At issue is a two-block area from Spring and Main streets to Spring and Mountain streets. Current law, according to council member Beverly Blankenship, is that limestone will be replaced with limestone, and limestone will be used when a damaged sidewalk section is within five feet of limestone. Because of the expense of limestone, the proposed ordinance originally allowed use of imprinted concrete.

The area in question has largely escaped enforcement, and Blankenship described enforcement of laws on the books as "Draconian."

Zeller said forcing some in a small part of Spring Street to use limestone places the property owner between a rock and a hard place, forcing an "untenable legal position."

Schneider questioned the two-block area's status as the core of the historic district. Blankenship said "limestone itself is not the problem."

Council member Butch Berry agreed, saying there are a lot of misstatements, and that concrete is also slippery.

With the city being responsible for repair work underneath sidewalks, he favored

"keeping what we've got," adding there is not that much difference in cost.

Council member Patrick Brammer questioned city improvements to sidewalks, suggesting the city do the work in the two-block area, which prompted DeVito to express concern about some property owners being benefitted over others.

The sidewalk issue originated with a sidewalk safety committee recommendation to the Historic District Commission, which went on to the Planing Commission before coming to the council. Schneider noted sidewalks count only one point toward "historicness."

The second reading of the ordinance was approved with Zeller and Schneider voting against it.

Outdoor lighting

The council also approved the first reading of an ordinance governing outdoor lighting. The purpose of the ordinance is to reduce atmospheric light pollution, minimize glare and overlighting, reduce energy waste, and regulate lighting on public and private property, including utility companies. The top lumen rating is 40,000, and outdoor lighting fixtures must be shielded.

Proposed plans for installation of outdoor lighting fixtures are to be reviewed by the Planning Commission, Historic District Commission or the Parks and Recreation Commission.

Property-use cycles

In discussion of re-zoning 42 Prospect from R-1 to C-3, the matter was tabled to the next meeting on Jan. 25. The property owners are willing to have a home-occupied business, but are hampered by a lack of parking at the residence and limitations placed on signage in residential zones.

DeVito noted that properties in the historic district go through cycles, and are now reversing from bed and breakfasts to residential. The property owners plan to put in an art gallery in an effort to make the home business happen is the "simple and cleanest way."

The property is essentially surrounded by commercially zoned property.

Water rates

Suspending the rules, council approved the first and second readings of an ordinance raising water rates, which will allow financing to be in line for the city's bond. For 1,000 gallons, rates will increase by three percent plus five cents. Rates for customers outside the city will be doubled.

Other business

In other business the council:

* Scheduled a budget meeting for 9 a.m. on Jan. 20;

* Expressed condolences to the family of Michael David Drennon, who served the city in several capacities, including being a member of the City Advertising and Promotion Commission;

* Was told that financial statements will be due on Jan. 31;

* Expressed birthday greetings to the mayor;

* Elected Berry as mayor pro tem/vice-mayor for 2010;

* Appointed Zeller and Blankenship as council representatives of the City Advertising and Promotion Commission; and

* Approved meeting dates and rules of procedure for 2010.