Lovely County Citizen May 24, 2018

Dogs and Hippies Harmon Park mural unveiled Page 3

Visit us online: www.lovelycitizen.com VOLUME 19 NUMBER 49

TOPNEWS

Celebrating the future

ESHS seniors honored at awards ceremony Page 7

n Preferential

primary results

Runoff for Hoos, Ross; Ballinger ousts King Page 3

n Downhill

trails update

Parks commission talks about shuttle service Page 4

n Promoting from within

Andert named new CEO of hospital Page 5

Walking on White Street Artists open their homes

Photos on Page 9

YOUR COMMUNITY NEWSPAPER MAY 24, 2018

Page 2 – Lovely County Citizen – May 24, 2018

DISPATCH Desk

May 14 10:59 a.m. — Officers conducted a welfare check after a neighbor reported finding a suicide note on the mailbox. Officers located the subject, who was still breathing, and EMS transported him to the hospital.

2:49 p.m. — A caller requested an officer to check on a local residence that had a window pushed in. Officers responded and checked the residence. It was clear.

5:05 p.m. — A caller requested an officer respond to a private property accident. An officer responded and took a report.

8:22 p.m. — A caller from a local business requested officers respond for a possible shoplifter. An officer responded, but the customer was gone on arrival. A report was taken.

May 15 11:22 a.m. — A complainant advised of possible criminal mischief stemming from a parking dispute after two flat tires with multiple nails in them. Information was taken for a report.

11:45 a.m. — An officer responded to a one-vehicle accident. There were no injuries, but the driver backed over a gas meter, causing a gas leak. The fire department and gas company responded to secure the scene, shut the gas off and repair the damage.

12:59 p.m. — The code enforcement officer made contact with subjects who have been attempting to pave or reseal driveways and parking lots for deeply discounted prices. They were advised to stop further work until they got a business license to operate within the city limits.

1:51 p.m. — Multiple callers requested a welfare check on a friend after reading a disturbing Facebook post. Officers made contact with the subject. She was OK and agreed to seek help. She was escorted to the hospital for assistance.

3:53 p.m. — An individual came into the Eureka Springs Police Department to fill out a statement on being harassed. An officer spoke with the individual and took the information.

May 16 10:59 p.m. — An officer responded to an area residence to check for a possible prowler. The officer checked the front and back

By Kelby Newcomb

of the residence. No one was around, and nothing was disturbed.

May 17 2:08 a.m. — An officer responded to an area business for a report of a suspicious vehicle.

2:31 a.m. — An officer responded to an area motel for a reported disturbance. Upon arrival, the couple in question had already split up for the night.

9:00 a.m. — Carroll County Dispatch advised of a 911 call describing a domestic disturbance in progress at an area hotel involving a maintenance worker. Officers arrived on the scene and determined it was not physical. It was a civil issue with the hotel.

4:00 p.m. — An officer conducted a welfare check and made contact with the subject. She was transported to the hospital by EMS. 4:24 p.m. — An officer responded to a report of theft at an area business and completed a report.

4:30 p.m. — An officer responded to a report of a stalled 18-wheeler causing a traffic problem. Upon arrival, the officer observed the vehicle was no longer in the roadway.

May 18 12:07 p.m. — The manager of a local hotel called in reference to a subject who hadn’t checked out and was refusing to leave. An officer made contact with the subject and advised him he had to leave the property or he would be arrested for criminal trespassing.

6:18 p.m. — An officer responded to a report of an assault and made contact with the parties involved. A report was completed.

7:27 p.m. — An officer responded to a report of an erratic driver and observed the vehicle. The officer witnessed no signs of erratic driving.

7:30 p.m. — An officer responded to a 911 hangup and made contact. All was well.

7:50 p.m. — An officer made contact with a subject who accidentally called 911.

All was well.

8:15 p.m. — An officer spoke to subjects in the lobby in reference to being threatened in Basin Park for playing music. A report was taken.

See Dispatch, page 5

May 24, 2018 – Lovely County Citizen – Page

3

Hoos, Ross headed to runoff; Ballinger ousts King

By Scott Loftis CarrollCountyNews@cox-internet.com

Jim Ross and Alan Hoos will face each other in a June 19 runoff to determine the Republican nominee for Carroll County Sheriff.

In Tuesday’s preferential primary, Ross received 1,306 votes (45.1 percent) while Hoos received 1,002 votes (34.6 percent). Ross is the Berryville Police Department school resource officer and a former Berryville postmaster. Hoos is a former chief deputy in the sheriff’s office. Harrison Police Department patrolman Jack Gentry Jr., who was the Republican nominee in 2016, finished third with 591 votes (20.4 percent). Because no candidate received a majority of the votes, the top two will move on to the runoff. Mark Bailey was unopposed in the Democratic primary and will face the Ross-Hoos winner in the November general election.

In the Republican District 5 State Senate race, state Rep. Bob Ballinger of Berryville got strong support in the

western portion of the district to defeat incumbent Bryan King of Green Forest.

Ballinger received a total of 4,223 votes (52.4 percent) compared with 3,839 votes (47.6 percent) for King. King carried Carroll County by a wide margin — getting 1,553 votes (60.2 percent) in the county, compared with 1,026 (39.8 percent) for Ballinger. King also carried Sebastian County (431-358) and Johnson County (11-6). But Ballinger got 74.7 percent of the vote in Washington County (483-164) and 61.1 percent in Crawford County (1,596-1,014) to take the victory. Ballinger narrowly carried Madison County (706-649) and also won in Franklin County (48-17).

Green Forest Mayor Charles Reece won the Republican nomination for county judge, defeating former Justice of the Peace Duane Coatney. Reece got 1,645 votes (57.5 percent) compared with 1,217 votes (42.5 percent) for Coatney. Incumbent County Judge Sam Barr was unopposed in the Democratic primary and will face Reece in November — a

rematch from 2016.

In the Democratic primary, incumbent County Clerk Jamie Correia defeated challenger Deana Davidson. Correia, seeking a sixth term as clerk, received 405 votes (56.3 percent) while Davidson received 314 votes (43.7 percent). Correia will face Republican Connie Doss, who was unopposed in the primary, in the November general election.

Incumbent Jason Morris was re-elected to the At Large Position 4 seat on the Eureka Springs school board. Morris received 874 votes (67.3 percent) compared with 424 votes (32.7 percent) for challenger Jack Moyer.

In the Republican race for state representative from District 3, Donald Ragland of Marshall and Newton County Sheriff Keith Slape advanced to a runoff. Ragland received 2,214 votes (40.3 percent) and Slape got 1,863 votes (33.9 percent).

Timmy Reid of Marshall received 1,422 votes (25.9 percent) and did not make the runoff. In Carroll County, Ragland received 78 votes (46.4 percent), compared

with 58 votes (34.5 percent) for Slape and 32 votes (19.1 percent) for Reid.

In the Republican race for constable of Polo Township, incumbent Jeffery B. Usrey received 88 votes (44.2 percent) while Nick Samac received 60 votes (30.2 percent) and Eric Griesenauer received 51 votes (25.6 percent). Usrey and Samac advanced to a runoff.

In a Berryville school board race, challenger Jeff Tanksley defeated incumbent David Waller for the At Large Position 1 seat. Tanksley received 773 votes (53.1 percent), compared with 683 votes (46.9 percent) for Waller.

Incumbent Bud Phillips was re-elected to the At Large Position 2 seat on the Green Forest school board. Phillips received 387 votes (54.4 percent), compared with 325 votes (45.7 percent) for challenger Heath Norris.

These results are final but unofficial.

The Carroll County Election Commission will meet at 1 p.m. Tuesday, May 29, to review provisional ballots and will meet again on Friday, June 1, to certify the results.

Parks department unveils Harmon Park Mural

The Eureka Springs Parks and Recreation Department formally unveiled the first installment of the Harmon Park Art Trail on Saturday, May 19. The inaugural project is a large mural on the Harmon Park building located by the Bark Park, skate park and playground. The mural is the creation of master muralist Doug Myerscough, titled “Dogs Walking Hippies.”

“It’s a three-part mural project with carved totems,” Myerscough said. “It’s all about the color of this wonderful town — its people, personality, history and high sense of fun.”

The Harmon Park Mural Project is part of the 2018 May Festival of the Arts and made possible by the city of Eureka Springs and Eureka Springs Arts Council. Parks director Justin Huss said the trails and Bark Park are very popular.

“We want it to be a fun place for families to enjoy, so the idea of an Art Trail just seemed to be a perfect fit,” Huss said. “And Doug is the perfect artist to translate that into something big to launch the trail.”

This is the second major project for Myerscough, the first being the colorful 2015 “Up Stairs” project located on the stairwell off North Main Street.

The stairs have become one of the most popular photo opportunities in Eureka Springs.

Myerscough is a native of St. Louis but spent the bulk of his life in Texas before retiring to Eureka Springs in 2016. Originally planning on a quiet retirement, Myerscough finds himself busier than ever doing things he loves — playing music, writing and creating large murals for the community.

Photo by Tavi Ellis

Local artist Doug Myerscough presents his finished mural in Harmon Park on Saturday, May 19.

Page 4 – Lovely County Citizen – May 24, 2018

Parks commission considers shuttle service options for downhill trails The Citizen is published weekly on Thursdays in Eureka Springs, Arkansas

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By Samantha Jones Citizen.Editor.Eureka@gmail.com

The Eureka Springs Parks and Recreation Commission still has some work to do on the new downhill mountain biking trails at Lake Leatherwood City Park.

Parks director Justin Huss brought up the idea of a shuttle service at the commission’s regular meeting Tuesday, May 15, saying he had originally hoped to contract that service out using a concessionary agreement. He recently spoke with a group of mountain bikers to get an idea of how much they’d be willing to pay for a day pass, Huss said, and there’s definitely interest in the service. The problem, Huss said, is figuring out how to run it.

“I have had discussions with several shuttle companies in the area,” Huss said. “They wanted a $350 to $500 daily guarantee to operate that shuttle, but if we’re going to eat that much money, it seems to me we ought to be getting a little more dinner, so to speak.”

Huss said he broke the projected revenue from the service down by season, saying there would be some months when the service runs only on the weekend. The average amount of people who would use the service, Huss said, is about seven per day. That’s a conservative average, he said.

“If you throw in a weekend with 70 or

80 people, it stretches out pretty well,” Huss said. “I think we can average well above that over the year.”

Instead of contracting the service, Huss said, he’s considering working with the transit department to offer a shuttle based at Lake Leatherwood.

Huss described how it would work, saying the commission could pay a flat rate to use a trailer and figure out how that would average out for individual use.

“This will only be within Lake Leatherwood,” Huss said. “They will shuttle from the bottom of the downhills to the top.”

He’s already spoken with local banks, Huss said, to see if they’d help the commission purchase equipment to run the service.

“They’re willing to believe in the project,” Huss said.

Huss said his biggest concern is making sure the service runs well.

“It’s about control of the service and quality of the service,” Huss said. “I feel like this is something we need to consider. This is the most direct revenue we could get from this as possible.”

It’s challenging, Huss said, because he doesn’t have much to model the service on. He said the goal is to offer a great service and break even at the end of the day.

“We don’t want 17 shuttle operations up there. We’re going to have to manage that experience,” Huss said. “The service you provide … that’s the key to the whole thing. It’s great if we can make a lot of money, but I feel good that we can cover our costs.”

Chairman Bill Featherstone said he supports the idea.

“If we go this route … we should commit to it for a finite amount of time.

We’ll give it a fair amount of time to either prove itself as economically feasible or something we’re not interested in doing,” Featherstone said. “Certainly don’t do it within too tight a window that it can’t prove itself.”

Commissioner Ruth Hager agreed.

“The first year we do it, I think having control over it is so important,” Hager said. “It’s worth the risk.”

The commission agreed to discuss the topic further at its next workshop, moving on to hear from Featherstone about the commission’s partnership with the Eureka Springs Community Center Foundation on the greenhouse project.

Featherstone said a contract has been created but there’s no urgency to sign it.

He suggested tabling the issue until it’s necessary to approve the contract, and the commission agreed to do so.

Also at the meeting, commissioner Ferguson Stewart said the Friends of the Parks group is looking for new leaders.

“I’m calling out to the public, those engaged citizens that want to participate in the relationship between parks and the public,” Stewart said. “This is the time to step up. We’re looking for volunteers.”

Anyone interested in volunteering, Stewart said, can call the parks office or stop by.

The commission’s next regular meeting is scheduled for 6 p.m. Tuesday, June 19, at The Auditorium.

Who do you think should be Citizen of the Week?

Send us your nominations

citizen.editor.eureka@gmail.com

May 24, 2018 – Lovely County Citizen – Page

5

Andert named new CEO of Eureka Springs Hospital

By Samantha Jones

Citizen.Editor.Eureka@gmail.com

Vicki Andert is the new CEO of Eureka Springs Hospital.

At the Eureka Springs Hospital Commission’s regular meeting Monday afternoon, outgoing CEO Peter Savoy announced the news. Savoy said the job is a perfect fit for Andert, who has been the director of nursing for years.

“They asked me what I thought about it, and I said, ‘She runs the place. She’s been running the place,’ ” Savoy told the commission.

Savoy, who has accepted a new position at a hospital in Louisiana, said he’s excited to be closer to home but will miss Eureka Springs.

“I just wanted to thank all of y’all for working with me and everyone I worked with at the hospital,” Savoy said. “We’re doing great things.”

In other business, Diane Adler of Bates Architects presented the firm’s findings during the discovery phase of the upcoming hospital renovation. Adler said two work efforts have already been completed, saying civil engineers will be completing their survey by the end of the week. The firm has learned quite a bit about the hospital over the past few months, Adler said, and has found several places for improvement.

Dispatch

Continued from page 2

9:17 p.m. — An officer met a Madison County Sheriff’s Office deputy to pick up a female subject who was arrested by MCSO on a Eureka Springs warrant for failure to appear.

May 19 1:41 a.m. — An officer responded to Spring Street for a noise complaint.

1:50 a.m. — A traffic stop resulted in the arrest of a subject for driving while intoxicated, speeding and driving on a suspended license.

1:12 p.m. — A caller advised of two dogs with leashes running loose. The animal control officer checked the area but was unable

“Most departments in the hospital are smaller than they need to be right now,” Adler said.

The basement in the 1929 building has some electrical problems, Adler said, and the equipment storage room has no power or lights. She described how the hot water heater isn’t big enough for the hospital, saying some areas don’t receive adequate hot water supply. The small gas tanks only service a small part of the hospital, Adler said, when one tank should be in each patient room.

“It would probably be more advantageous to think about a tank farm,” Adler said. “The tanks that are in the hospital only service so many rooms.”

Another problem, she said, is that the 1960s building has no direct access upstairs. This means employees make deliveries by walking outside and around the building, Adler said, instead of just going upstairs. These deliveries include food, laundry and people, Adler said.

“If you have a patient that comes in with a trauma that needs to be stabilized and taken out through a helicopter, unfortunately, they have to go down the hall on a stretcher through the public waiting area out to the helipad, which is on the other side of the hospital,” Adler said. “The helipad is on the opposite side from the emergency department.”

When it comes to the kitchen, she said, changes need to be made. The walk-in freezer sometimes stops working, Adler said, forcing hospital employees to store food at a local restaurant. Adler continued, saying the first floor entrance isn’t handicapped accessible.

“Anyone who has a mobility issue is coming through the emergency department and wandering through the hallways to the main area,” Adler said.

The patient rooms aren’t nearly as big as they need to be, she said.

“They are all undersized based on current standards today,” Adler said. “Most of the departments do not have appropriate storage within their departments.”

The procedure rooms don’t have a changing area, Adler said, and the second floor of the administrative wing is only accessible through a stairwell.

“So anyone that would either need to see someone in the administration or if an administrative person were hired that has some type of physical disability, they would have difficulty getting up to the second floor,” Adler said.

All the administrative offices are different sizes, Adler said, and that’s inconsistent. She said she’d like to see the offices consolidated based on the type of service they offer.

“We’ve got people who deal with

medical records in different locations,” Adler said. “Ideally, they would be together.”

Adler explained the idea of a space program, where a building is evaluated based on how much square footage should exist per department.

“If I’m understanding your numbers correctly, we need to more than double the size of the hospital,” commissioner John House said.

That’s true, Adler said, but the firm is willing to work with the commission through everything. The next steps, Adler said, involve developing the concepts she’s been researching.

“We’ll bring these concepts to you and talk about the ramifications, the pricing for those and have you give us a recommendation about how much you want to spend and how you want to phase that,” Adler said.

She added, “You are so fortunate to have such a wonderful staff that is willing to work in conditions that are a little bit tight, and they understand it.”

Also at the meeting, the commission agreed to spend up to $700 on record storage.

The commission’s next regular meeting is scheduled for 12:30 p.m. Monday, June 18, at the ECHO Community Room.

to locate the dogs. The owner was located, and the dogs were returned by the complainant.

4:45 p.m. — An officer responded to Main Street to assist parents in locating their lost child.

6:41 p.m. — An officer responded to a 911 hangup and checked the location. The officer was unable to locate the caller or anything suspicious.

7:57 p.m. — An officer took a report on criminal mischief.

7:59 p.m. — Officers responded to the report of an intoxicated male causing problems. They located the subject and spoke to the complainants.

8:16 p.m. — Officers responded to a report of a possible assault in progress but

were unable to locate a disturbance.

9:30 p.m. — An officer assisted a Carroll County Sheriff’s Office deputy with a possible disturbance. No report was needed.

9:55 p.m. — Officers responded to the report of a disturbance between a male and female subject at an area restaurant and separated the parties for the night.

May 20 3:31 a.m. — Carroll County Dispatch advised of a 911 call from a female subject who advised she called the wrong number.

An officer responded and checked for signs of distress. There were no signs of distress, and no further calls were received.

7:46 a.m. — A caller requested an officer to check on a suspicious vehicle parked in front of their residence. An officer respond-

ed and issued the individual in the parked vehicle a citation for sleeping in public.

8:04 a.m. — A caller from a local business requested an officer to check on a suspicious canister in the parking lot. An officer responded and found the canister was filled with ice water.

8:00 p.m. — Officers responded to an area motel for a report of a trespasser. The subject was gone on arrival.

May 21 4:23 a.m. — An officer arrested a subject for possession of drug paraphernalia and no driver’s license.

8:55 a.m. — Officers responded to a fire alarm at the elementary school and determined it was an accidental pull of one of the alarm stations.

Page 6 – Lovely County Citizen – May 24, 2018

Art Wall Reveal

THE

Stand-out antioxidant

Photo by David Bell

The Eureka Springs Arts Council celebrates the reveal of the 2018 Art Wall downtown. Edward Robison, who helped organize the project, said the theme of the wall is ‘Then and Now,’ featuring photos of Eureka Springs way back when and today.

Other featured art includes pieces by Eureka Springs High School students. From left to right are Robison, Sandy Martin and Eureka Springs Mayor Butch Berry.

Come inside and meet

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Where HEALTH & BEAUTY For Your BODY & HOME Meet

If I were going to choose just one antioxidant out of dozens that stand out, the choice would be surprisingly easy. Understand, standout antioxidants include vitamin C, Grapeseed Extract, Pycnogenol, NAC as well as a long list of others. Antioxidants are needed as they do many good things for us like getting rid of nasties that can be very harmful to our health in the long run. The one I would choose is Alpha Lipoic Acid.

According to the Physician’s Desk Reference for Nutritional Supplements, Alpha Lipoic Acid (ALA) has proven use (in large, multicenter, double-blind, randomized, placebo-controlled tests) especially for reducing pain, numbness and burning sensations in legs and feet because of Type 2 Diabetes. But the long list of benefits doesn’t stop there.

People who are pre-diabetic find ALA helps with regulating sugar in the blood, which might slow down or stop the onset of full-blown Type 2 Diabetes. The list includes heart benefits (for clogging of the arteries), energy production at the cellular level, causes vitamin C and E to last longer in our systems, helps get rid of the bad effects of cholesterol, may help with Parkinson’s, Alzheimer’s,

Lou Gehrig’s, Huntington’s disease and glaucoma. There are 14 studies listed supJim Fain porting the possible benefits in the PDR. If you are an old rat, or married to one, then science has proved that memory has been improved with Alpha Lipoic Acid. This could be a way to be sure an excuse of “I forgot to pick up my mother-in-law” or “take out the trash,” just doesn’t hold water. The studies were limited to aging rats ... hmmm.

The body can only use so much antioxidant and if you supplement higher the benefit doesn’t improve. But that is just for the antioxidant benefit, ALA does much more. Still, supplementing with up to 400 mg/day seems pretty wise to me. Combining ALA with other supplements like vitamin C and others can boost the impact. For instance, I like combining it with astaxanthin for a wide variety of purposes but especially for heart/cholesterol health. This powerful supplement (ALA) is not at all expensive and is usually found in 200mg capsules. More about diabetes next week.

Windle makes Harding dean’s list

Baker Creek Heirloom Seeds $1.50-$3.00 Per Pack

Home Furnishing Decor Design

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479-253-5687

www.fainsherbacy.com

Grace Windle, a senior English major from Eureka Springs, was recently named to the dean's list for grades achieved during the spring 2018 semester at Harding University in Searcy.

To be eligible for the dean’s list, a student must be carrying 12 or more hours with a 3.65 or higher grade-point average and no incompletes.

Who do you think should be Citizen of the Week?

Send us your nominations

citizen.editor.eureka@gmail.com

May 24, 2018 – Lovely County Citizen – Page

Senior Awards Ceremony

2018 SEASON

JUNE 22 – JULY 20

Photo by Tavi Ellis

Rafael Garcia presents University of Arkansas scholarships to Faith Martin, Jordon Henley, Elizabeth Loudermilk, Brittney Halper, Dalton Arnold and Linzy Wolfinbarger at Eureka Springs High School’s Senior Awards Ceremony on Friday, May 18. After the ceremony, the seniors walked through the elementary school halls in their caps and gowns to inspire younger students to graduate.

Chalk Art Festival

fools in love Singers and musicians from across the nation come together for a series of truly inspired performances at Inspiration Point in Eureka Springs

Photo by Jay Bender

Renowned artist Craig Thomas poses with his original chalk art piece during the Chalk Art Festival in downtown Eureka Springs. Thomas wasn’t the only one who got in on the fun — a few locals created their own pieces, too!

VISIT opera.org FOR TICKETS & INFO Hwy. 62 West / Eureka Springs, AR / (479) 253-8595

7

Page 8 – Lovely County Citizen – May 24, 2018

Eureka Springs High School Graduation

Photos by Tavi Ellis

Eureka Springs High School said goodbye to the 2018 senior class at its graduation ceremony Saturday, May 19.

Singing the National Anthem is Ashlynn Lockhart, winner of a $72,000 vocal scholarship from Ouachita Baptist University.

Farewell to the Eureka Springs High School class of 2018.

Alexis Jayroe and Ashlynn Lockhart perform an emotional duet entitled ‘For Good.’

The ESHS Band kicks off the ceremony with Pomp and Circumstance as faculty and the graduating class of 2018 enter the gym.

2018 Senior Class President Jordon Henley quietly Honoring her classmate, valedictorian Elizabeth Loudermilk turns a tearful tassel during Saturday’s He’s now a high school graduate, but Linzy Wolfinbarger’s mom bestows ‘the secret of life’ upon her successor for still wants to make sure his hair is tidy. the 2018-2019 school year, Isaiah McCurry. heartwarming ceremony.

May 24, 2018 – Lovely County Citizen – Page

White Street Walk

9

Photos by Tavi Ellis

The 28th Annual White Street Walk was held on Friday, May 18.

Jerry Landrum, Gordon Norrell and James White of the Art Deco Band perform old-timey tunes from the porch of 10 White St.

As spring turns into summer, locals enjoy the uplifting weather and each others’ company.

Patrons flood Lux Studio to peruse hand-beaded jewelry and one-of-a-kind textiles.

Zeek Taylor’s new door greeter incites smiles and laughter from visitors.

Wren Wilson and her father, Sal, take a quiet break by the fish pond.

Is this chimp picking a flea in public? No, that’s just Corbin Danos, washing up with his handmade Chimp Soap.

Page 10 – Lovely County Citizen – May 24, 2018

Santiago’s attorneys file flurry of defense motions

By Scott Loftis CarrollCountyNews@cox-internet.com

Attorneys for a Carroll County man accused of murdering his autistic older brother in January 2017 filed a flurry of pretrial motions in Carroll County Circuit Court on Thursday morning.

Among the 114 pages of motions are requests to transfer 19-year-old Joseph Ian Santiago’s case to juvenile court, to suppress evidence collected after what defense attorneys argue is an unlawful arrest and to bar the prosecution from showing crime-scene photos to the jury.

Also included is a motion asking the court to provide defense attorneys with additional time to file more motions.

Santiago is charged with capital murder in the Jan. 17, 2017, death of 21-yearold Alex Santiago, who was killed in a mobile home in the Grandview community northwest of Berryville. An affidavit from the Carroll County Sheriff’s Office says Joseph Santiago admitted to investigators that he killed his brother with a baseball bat and sword. Joseph Santiago was 17 years old at the time of his brother’s death but turned 18 the following month. Prosecutors have said from the outset that they intended to try Santiago as an adult.

Thursday’s defense motions all bear the signature of Patrick J. Benca, a high-profile Little Rock attorney who joined the defense team last June as co-counsel to Carroll County public defender Robert “Beau” Allen. Carroll County Circuit Judge Scott Jackson had

set a deadline of Wednesday, May 16, for the motions to be filed. Each of the motions indicated that they were served to the Carroll County Prosecuting Attorney’s Office via fax on Wednesday.

Perhaps the most significant of the defense motions is the request to suppress evidence seized during a search as well as statements that Santiago allegedly made to investigators. That motion argues that Santiago was subjected to an “unlawful” arrest.

“There was no probable cause to arrest the Defendant, and his arrest was a pretext for an investigation,” the motion says. “… (T)he police failed to secure a proper search warrant and the consent to search in this case was done after the fact. Because the search in this case was unlawful, all evidence and statements obtained as a consequence of that arrest must be suppressed.”

The defense motion to transfer Santiago’s case to the juvenile division of circuit court asks for a hearing on that issue within 30 days. The motion cites a list of 10 factors that the court must consider in determining whether to transfer the case, including the seriousness of the alleged crime and the element of premeditation, aggression or violence.

Other factors include the defendant’s previous history and whether there are facilities or programs available “that are likely to rehabilitate the juvenile before the expiration of the juvenile’s 21st birthday.” The motion notes that Santi-

ago’s birthdate is Feb. 9, 1999, arguing that he should be classified as a juvenile under Arkansas law.

The defense submitted two separate motions regarding crime scene photos.

The first seeks to bar the prosecution from introducing “all gruesome photographs of the scene, of the victim, or of anything else related in this manner with this matter, as well as prejudicial and inflammatory evidence, from the first phase of (Santiago’s) trial.”

“The State can simply establish the cause of death through the testimony of the medical examiner and the investigating officers,” the motion says. “In addition, Defendant is actively prepared to stipulate that (Alex Santiago) was declared dead on or about (Jan. 17, 2017), thus saving the Court, the County and the State a great deal of time and money.

As a result, the photographs have lost all probative value and must be excluded pursuant to (Arkansas Rules of Evidence).”

The second motion regarding the crime scene photos seeks to have them excluded from a potential penalty phase in the event of a guilty verdict.

“At capital trials, gruesome and highly prejudicial photographs which have often been excluded during the first phase are sometimes introduced in the penalty phase,” that motion says. “In closing arguments, prosecutors then point out to the jurors the more gruesome aspects of the pictures to inspire

JEWELRY CO. 82 Spring St. • Eureka Springs 10 - 6 • Wed - Sun Phone 253-5022

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them to an emotional and entirely unreliable sentence of death.”

The motion goes on to argue that such photographs are not relevant to establish the existence of aggravating circumstances and have no probative value, but will “arouse the jury’s hostility toward Defendant.”

Other defense motions include requests to prevent “victim impact” evidence or, alternatively, allow the defense to review such evidence before trial; to allow Santiago to appear at all court appearances in civilian clothing and without restraint; to prohibit prosecutors from referring to defense attorneys as public defenders, court-appointed counsel, “Little Rock lawyers” or “big city lawyers;” to sequester witnesses; to require investigative officers to retain their original rough notes; and to prohibit emotional displays or other “prejudicial behavior in the courtroom.”

A pretrial hearing to consider motions is scheduled for Monday, June 4, beginning at 1 p.m. in the courtroom of the Carroll County Eastern District Courthouse in Berryville. Santiago’s trial, which is expected to continue for a week, is scheduled to begin Monday, Aug. 27, at the Western District Courthouse in Eureka Springs.

More Than a Place to Live... We’re a

Jo Ann Clark, Agent

PLAce For LivinG

802 W Trimble Avenue Berryville, AR 72616 Bus: 870-423-3443 jo.a.clark.b2wo@statefarm.com State Farm, Bloomington, IL 1211999

479-253-6553 • www.greenacreassistedliving.com 89 Hillside Drive • Holiday Island, AR

May 24, 2018 – Lovely County Citizen – Page

CALENDAR of events

11

Send calendar entries to Kelby Newcomb at CCNNews@cox-internet.com. The calendar is reserved for events sponsored by non-profit entities, benefits for non-profits and free events. First priority will be given to organizations providing a public service, such as rural fire departments, schools, churches, hospital auxiliaries and services for senior citizens or veterans. Submissions should be timely. Calendar listings should not be more than 30 days in advance of the event. The calendar is sometimes edited to fit the available space in the print edition. See the full calendar online at www.LovelyCitizen.com.

May 21-24: Plein Air Festival Art Sale

Eureka Springs School of the Arts will hold a Plein Air Festival Art Sale from 3 p.m. to 7 p.m. daily from Monday, May 21 through Thursday, May 24 at the Inn of the Ozarks Convention Center. Original plein air art will be available to the public to purchase. For more information, call ESSA at 479-253-5384

May 23: AARP Safe Driving Class

An AARP Safe Driving Class will be held from 1 p.m. to 5 p.m. Wednesday, May 23, at Cornerstone Bank at 152 E. Van Buren in Eureka Springs. The class fee is $15 for AARP members and $20 for non-members. By completing the class, area seniors can get a discount

on their car insurance. To sign up or for more information, call Linda at 479-2532265 or Sonny at 479-252-2853.

May 23: Good Shepherd members meeting

Good Shepherd Humane Society will hold its annual membership meeting at 6 p.m. Wednesday, May 23, in The Woods room at Inn of the Ozarks in Eureka Springs. All members are asked to attend and vote on proposed amendments to Good Shepherd’s bylaws.

May 25 and 26: Celebrate Jesus Weekend

The 2018 Celebrate Jesus Weekend will be held on Friday, May 25, and Saturday, May 26, at the Basin Spring Park. There will be a music concert from 11 a.m. to 5

p.m. Friday with singers from Arkansas, Missouri, Louisiana, Oklahoma, Texas and Kansas. On Saturday, the music will be from 11 a.m. to 2 p.m., at which time the Celebrate Jesus Parade comes down Spring Street. After the parade, there will be a drama and music until 5 p.m. To sign up for the parade, call Dale and Laura Nichols at 479-253-8925.

May 26: Elks Pancake Breakfast The Holiday Island Elks Lodge will hold a pancake breakfast from 7 a.m. to 10:30 a.m. Saturday, May 26. All you can eat pancakes, bacon, sausage, biscuits and gravy, as well as juice and coffee will be served. Adults are $6; children under 12 are $3. The Elks Lodge is located at 4 Park Cliff Drive in the Hol-

OPEN 7 DAYS A WEEK 479-363-9976

LOS ROSCOES Tuesday 5-7pm

TITANIUM BLUE Friday 5/25 8-11pm

TRICK BAG

May 25 Pay Ryan Key 6 pm May 25 Jimmy Wayne Garrett 8pm May 26 Of Sea & Stone 7pm May 27 Trivia 7 pm May 28 Manouche Jam 6pm June 1 EMR 7pm June 2 Anitra Jay 7 pm June 3 Trivia 7 pm June 4 Red Oak Ruse 6 pm June 6 Open Mic

Saturday 5/26 8-11pm Live Music in Beer Garden this Weekend (Weather Permitting)

Amazing LUNCH & DINNER Choices

2 Pine St., Eureka Springs Arkansas (479) 244-0878

May 26: Color Fun Run Grandma’s House will hold the second annual Color Fun Run from 9 a.m. to 11 a.m. Saturday, May 26, at the Anstaff Soccer Complex. Pre-registration begins at 8 a.m. followed by a pre-run warmup at 8:45 a.m. This is not a timed race. The cost of the event is $25 for participants who are 18 and older and $15 for participants who are 17 and under. To register for the race, go online to GrandmaHouseCAC.com and go to the Color Fun Run event page, register on the Facebook event page or register in person at Nature’s Wonders.

DRAG EVENTS

Local craft beer, locally roasted Arsaga’s coffee, wine and small fare 82 Armstrong, Eureka Springs

iday Island shopping center. Proceeds from this event help support Elks Lodge 1042 community programs. Everyone is welcome.

*LARGEST DOWNTOWN DANCE FLOOR *LARGEST DOWNTOWN BEER GARDEN *FAMOUS “WALK OF SHAME” BLOODY MARY BAR TEA PARTY WEDNESDAY 7 PM *GREEN SCREEN KARAOKE THURSDAY 9 PM AND SUNDAY NIGHTS 7 PM *DJ & DANCING FRIDAY & SATURDAY NIGHTS

This Weekend FRI., MAY 25TH DRAG EVENT SAT., MAY 26TH BIG HAIR DON’T CARE DRAG EVENT

Both Events 9pm $10 Cash Cover Limited Seating COME EARLY

35 1/2 N Main • Eureka Springs • 479-253-7020 • www.eurekaliveunderground.com

Page 12 – Lovely County Citizen – May 24, 2018 Cost is $8.00 per insertion for the first 20 words.

Additional words are 25¢ each.

Deadline for classifieds is Tuesday by noon.

Announcements FIRST PRESBYTERIAN CHURCH 209 Spring St., Eureka Springs, AR 72632 479-981-2001 Rev. John C. Gibson Join us every Sunday for an hour of Peace. Ease your worries, Strengthen your Heart. Everyone is Welcome!

FLORA ROJA COMMUNITY ACUPUNCTURE & APOTHECARY- providing affordable healthcare for the whole community. Sliding scale fee. $15-$35 per treatment with an additional $15 paperwork fee the first visit only. You decide what you can afford to pay! Francesca Garcia Giri, L.Ac, 479-253-4968.

119 Wall Street. www.florarojaacupuncture.com THE EUREKA SPRINGS FARMERS MARKET **We are accepting applications for new vendors. Come visit us for fresh fruits, vegetables, fresh baked goods, soaps, jellies, meats, and hot breakfast! In addition, the Thursday Market will now have meat. We have some great vendors here, come on down. Summer Schedule: Tuesdays, Thursdays & Saturdays, 7 a.m. to 1 p.m., The Community Center, 44 Kingshighway. (location of old High School) THE GOOD SHEPHERD HUMANE SOCIETY Will hold its monthly board meeting on the 4th Wednesday of the month. For the months of March, June and September the meetings will be held at 5:30 pm. The location will be at the Good Shepherd Humane Society Meet and Greet room.

WINDOW CLEANING AND MORE Windows squeegee and brushed cleaned. Storefront/business/residential. A complete line of a variety of home care services. References since 1986, Favors IV 316-210-2401

Garage Sale

Garage Sale New Items Every Week

Saturday 9-4 9 a.m.-4 p.m.

Holiday Island Shopping Center behind the Gas Station Classifieds work! To place a classified ad in the CITIZEN, stop by the office, call 479-253-0070 or email us at citizendesk@cox-internet.com.

Classifieds Garage Sale

ESTATE SALE INSIDE 1058 CR 220, May 24th-28th, 10am-5pm. Queen Bed; Headboard, Washer/dryer, Skirted tables (glass tops), bench, tall side table, lamps, large sofa; love seat w/chair, some artwork, dresser, clothing, mirror, miscellaneous. Everything must go!

Help Wanted

GOLF COURSE

Pay depends on experience Meals paid Golf benefits and tips included

Help Wanted

Holiday Island Golf Course #1 Country Club Drive 479-253-9511

BLUE SPRING HERITAGE CENTER Now Hiring Garden laborers. Call (479) 253-9244.

BOOKKEEPER AND/OR TAX PREPARER Needed for local firm. Send resume to: taxmanage.eureka@gmail.com CABIN RESORT IN the Beaver Lake/Mundell area is seeking a part-time housekeeper, 3, possibly more, days a week. Sundays a must. Must be dependable, have transportation, cell phone. Great starting pay. Call 479-363-9991 to set up application/interview time.

GOOD SHEPHERD HUMANE SOCIETY Is hiring for the following position: 1 Part-time Cat Tech (Wednesdays & Thursdays). Apply in person at the Shelter, 6486 Hwy 62, Eureka Springs.

GREEN ACRE LODGE Has Immediate Openings for a CNA and Housekeeper. Call 479-530-3779 or bring resume to 89 Hillside Dr., Holiday Island.

HOUSEKEEPER NEEDED PART-TIME. Year 'round position. Great pay plus tips. Sundays required. Rock House Rd. position also available. Apply in person: Sugar Ridge Resort, 1216 CR 113, 72631.

LOCAL FLAVOR CAFE & AQUARIUS TAQUERIA are accepting applications for all positions! Drop off applications/resumes at Local Flavor Cafe MondayFriday between 2-5pm. 71 South Main, Eureka Springs.

NOW TAKING APPLICATIONS For Wait staff, Prep cook, part-time office clerk, Conductor, and Gift Shop Clerk. Please apply in person at ES & NA Railway Depot.

Help Wanted

Cooks NOW HIRING Wanted

HIFDA WHITE ELEPHANT SALE Saturday, May 26, 8am-1pm. Holiday Island Fire Station #2 off of Hwy 23N, 21 Parkcliff Dr. Furniture, home decor, books, household goods, outdoor equipment and much more. Proceeds benefit our Fire Department.

$100 BONUS AT THE END Of November. Unique Bed & Breakfast looking for part-time year-round help in watering flowers and cleaning guest suites. $12/hr. to start. Pay review after 90 days for wage increase. Must have good transportation and phone.

Please call 479-981-3685 to pick up an application.

To place a classified ad in the CITIZEN, stop by the office, call 479-253-0070, or e-mail us at citizendesk@cox-internet.com

Apply in person

Now Hiring: In-Home Caregivers

We are looking for individuals with a good work ethics and caring attitude to work with In-Home Care Clients living in your area.

Flexible Part-time Hours….

Hiring Locally….

Work Locally!

• $9.25 per hour • Bonus Opportunities • Paid Holidays • Retirement Plan match option

FREE TRAINING June 4 - 8, 2018 For more information and to apply visit:

www.aaanwar.org/Employment Employment is subject to a clear pre-employment background screen, drug test and approved PCA training.

EEO Employer/AA/M/F/Vet/Disabled

YEAR ROUND, PART-TIME HOUSEKEEPER Wanted at Beaver Lakefront Cabins. 20-26 hours/week. Must have dependable transportation and phone, take pride in your work, and be able to work weekends. Call 479-422-3003 to schedule an interview. $12/hour to start, 8% annual bonus, paid vacation after one year.

PLACE YOUR AD TODAY!

Classifieds work! Call the Lovely County Citizen today and place your ad. (479) 253-0070.

FULL TIME HOUSEKEEPER In Motel FULL TIME LINE COOK In Restaurant

Apply Anytime Between 9am & 9pm at Hotel Front Desk 325 W. Van Buren, Eureka Springs

Land for Sale BEAVER LAKEFRONT Property. 1.5 to 3 acres, 6 miles west from ES take 62 west to 187 to county road 120 and follow the signs. Call 479-253-2511/479-721-1545.

Commercial for Sale BUSY PROFITABLE 100% TURNKEY Gift Shop For Sale Business Only 100K Prime Location 479-244-6681 Jim OWN SOME EUREKA Excellent Opportunity. Turnkey Restaurant/Bar. Great Location and Parking.

Unlimited Potential, Under $100K. Owner Financing, WAC. 479-903-0699 RIDGE TOP RESORT Cabin rental business near Beaver Lake continues with nice sales increases. Four cabins and wedding chapel on 6+ peaceful acres. Fairly level property with good Hwy 187 frontage and room for expansion if desired. Perfect opportunity for someone in Grassy Knob area to acquire for ease of operation.

Great opportunity to acquire a business for less than asset value and tremendous upside potential. $475,000 903-456-2397

Services Offered ANDY STEWART/OZARK PAINT COMPANY: Specializing in interior painting. Also exterior, decks and pressure washing services available. Call 479-253-3764.

BASE ROCK, TOPSOIL, MULCH Equipment services provided and much more! 870-480-3739

May 24, 2018 – Lovely County Citizen – Page

Services Offered CHIMNEY WORKS - Complete chimney services: sweeps, repairs, relining, and installation.

Call Bob Messer. 479-253-2284 CLEAN PERFECTION The corners are as clean as the middle of the floor. Experienced 14 years.

References available. No job too large or too small. Call 918-850-8148 (Local) FANNING'S TREE SERVICE Bucket Truck 65' reach. Professional trimming, stump grinding topping, removal, chipper. Free estimates.

Licensed, Insured. 870-423-6780, 870-423-8305 HANDYMAN HOME REPAIRS & REMODELING Carpentry, drywall, decks, tile. One call does it all.

We do small jobs. Bonded. Serving NWA since 1977. Bob Bowman. 479-640-5353 TOM HEARST Professional Painting and Carpentry Painting & Wood Finishing Trim & Repair Carpentry Drywall Repair & Texturing Pressure Washing 479-244-7096 TREE WORK - Skilled tree care: trimming, deadwooding and removals. Conscientious, professional arborist and sawmiller, Bob Messer 479-253-2284 DEBRA REID, LCSW Psychotherapy.

Most insurances accepted.

Call for appointment 479-244-7784.

Sliding scale fee for cash payments.

DITCHES DUG FOR WATER, Electrical lines and house footings. Call Bill 479-253-0833 HOMETOWN CARPET CLEANING Professional Residential/Commercial Carpet Cleaning, Area Rug Cleaning, Tile & Grout Cleaning, Upholstery Cleaning, Pet Odor Removal & more! 479-418-3406 LAWN CARE & POWERWASHING: Call Cody for free estimates. Serving Eureka Springs and Berryville. Call or text 870-480-2114.

NEED HELP? CALL BILLY! Commercial or Residential. Deck Refinishing, Power-washing, Leaf removal, Carpentry, Painting, Light construction, Gutter cleaning, Yard clean-ups, etc. 479-244-5827 RIKARD PLUMBING, LLC - 50 years plus experience. Licensed in Arkansas. We do remodels, new construction, and service calls. 417-271-0345 after 5:30p.m. 417-271-6623 SAW-N-LOGS By Tyler Thomas. Chainsaw Carving-Tree Sculpture. Commercial and Residential.

See Pictures on Instagram: tylerthomas1224. Call 479-244-7853 for your sculpture!

WANT TO KNOW more about Essential Oils? Call to book your free class today! 417-342-0571

Classifieds work! To place a classified ad in the CITIZEN, stop by the office, call 479-253-0070 or email us at citizendesk@cox-internet.com.

Pet of the Week

For Rent 1BR FURNISHED APARTMENT. Clean, Quiet, shared laundry, all non-smoking, Bills paid, $575/mo.+deposit. 479-696-9299.

Rocky Balboa (No. C18-0014) is a male Red Heeler a little more than a year old. He gets along with other dogs and walks well on a leash. He has manners and enjoys playing with his toys. He really likes for you to say his full name and is not impressed if it’s shortened to just Rocky. He is neutered and has his shots. He’s available for adoption at the Good Shepherd Animal Shelter on Highway 62 east of Eureka Springs. The shelter is open from noon to 5 p.m. every day but Tuesday and Wednesday. For more information, call 479-253-9188.

2BR/1BA HOUSE, UPPER UNIT 30 Glenn St. $650/mo. Utilities not included. First/Deposit. References. 479-236-4869 3BR/,1 1/2 BA. WALKING DISTANCE To Downtown. 2-car garage, Large Yard. Non-smoking, pet free.

Available Now. $1,000/mo+utilities.

First/Last/Deposit. 714-612-0039 A 1BR APARTMENT in Eureka Springs, available immediately and Studio Apartment available June 1st. Utilities included. New hardwood floors & paint.

Pet friendly. Mountain/forest view, W/D on premises. References, Background check. Call/Leave Message 479-981-3449 10am-6pm

Citizen of the Week

HOLIDAY ISLAND One Bedroom Furnished (optional) Apartment. $575 Includes all utilities, cable.

No Pets. No smoking inside. F/L/S. Local References. 479-244-6746

This week’s Citizen of the Week is Eureka Springs Elementary School Principal Clare Lesieur. Lesieur was nominated by her staff, who said they love working with her. “She is so supportive of her staff and students, working hard for us to have the best elementary school!” one teacher said.

To nominate somebody for Citizen of the Week, email Samantha Jones at Citizen.Editor.

Eureka@gmail.com.

LEASE: STUDIO COTTAGE. Full Kitchen, peaceful, semi-private deck. Walking distance to Main.

Laundry available. No pets. All utilities included.

Parking. Available June 1st. $550/$200 deposit.

479-233-2204 SECLUDED OFF-GRID CABIN 2BR on 20 acres near lake. Solar/spring water. Available June. $650/mo. 479-409-1016 SENIOR HOUSING 1BR For seniors age 62 and up. Quiet neighborhoods, CH/CA, refrigerator, range, grab bars in bath. Water/trash paid. Community room/laundry on site. Rent based on income.

Berryville: 870-423-6860 or 870-423-2156. Green Forest: 870-438-6558 or The Area Agency on Aging at 1-800-432-9721. Equal Opportunity Housing Developments.

SINGLE 1-BD APARTMENT in Eureka Springs.

Furnished/unfurnished, cat only! $750/month, utilities included, 1st/last. Call/leave message 479-981-0360 .

Commercial for Rent

FINE DINING RESTAURANT & LOUNGE EXTENSIVE WINE LIST FULL BAR

Myrtie Mae’

FEATURING Chef Jeff Clements THURSDAYS LOCALS NIGHT $14.95 $16.95 Specials

Myrtie Mae’s!

37 N. Main • 479-253-6756 • RESERVATIONS SUGGESTED

VOTED “BEST IN EUREKA”

Misc. for Sale

BEST RESTAURANT IN EUREKA SPRINGS BEST ITALIAN RESTAURANT IN ARKANSAS

ITEMS FOR SALE: Couch, Matching Armoire and Dresser w/Mirror, and Desk w/chair. Text/email only: 479-244-9881 emily.nelson.eureka@gmail.com. Everything Must Go!

Casual, comfortable, just like home.

No Reservations Required OPEN 7 DAYS A WEEK 5-9 PM

WANTED 1972 AND OLDER VEHICLES Reasonable Prices Paid. Text Photo and Description to 479-253-4477

It’s Love At First Bite At

LunchServing 11 a.m.-2 p.m. Thurs., Fri. & Sat. Dinner Nightly Dinner Nightly p.m. pm Seating from 5:005-9 – 9:00

BILLBOARD SPACE FOR LEASE Eureka Springs, 8 Miles West on 62 heading to town. $600/yr.

479-981-9898

Wanted

13

Arkansas Times 2016 Readers Choice

OUR 27th YEAR In Eureka Springs Smoke Free • FREE Parking Wheelchair Accessible Ramp 26 White St. on the Upper Historic Loop

479-253-8806

Serving Breakfast, Lunch & Dinner Daily Don’t miss our famous Sunday Brunch In Best Western Inn of the Ozarks Hwy. 62 West, Eureka Springs, AR www.MyrtieMaes.com

479-253-9768

Page 14 – Lovely County Citizen – May 24, 2018

Carroll County resident challenges landfill fee in class-action lawsuit

By Scott Loftis CarrollCountyNews@cox-internet.com

A Berryville resident has filed a class-action lawsuit seeking an injunction that would bar the collection of an $18 fee in six north Arkansas counties included in the Ozark Mountain Solid Waste District.

The lawsuit, filed Wednesday in Carroll County Circuit Court by attorneys Matt Bishop and Wendy Howerton on behalf of Paul Summers, names the solid waste district as defendant. The lawsuit alleges that the fee constitutes a tax on property owners in Carroll, Baxter, Boone, Marion, Newton and Searcy counties and is an “illegal exaction,” that it violates the separation of powers clause in the Arkansas Constitution, that the solid waste district does not have the authority to impose a fee without providing services and the fee is excessive.

The suit asks the court to enjoin the solid waste district from assessing or collecting the $18 fee and to refund fees already paid by taxpayers, to enjoin the solid waste district from collecting a $2 per ton “tipping fee” and to refund tipping fees already paid by taxpayers as well as award attorneys’ fees and other relief at the court’s discretion.

The fee is included on the 2018 tax statements for property owners in the six counties that composed the Ozark Mountain Solid Waste District. Pulaski County Circuit Judge Tim Fox issued an order imposing the fee on April 21, 2017, following the recommendation of court-appointed receiver Geoffrey Treece, an attorney with the Little Rock firm of Quattlebaum, Grooms and Tull.

Treece recommended that the fee be imposed to recoup bondholders who purchased $12,340,000 in bonds issued by the solid waste district in October 2005 to finance the purchase of

the North Arkansas Board of Regional Sanitation (NABORS) Landfill in Baxter County. The fee, which is likely to continue for 30 years or more, also is intended to repay up to $16.5 million that the Arkansas Department of Environmental Quality (ADEQ) is expected to spend cleaning up the site of the landfill.

The solid waste district defaulted on its bond payments in 2012 and closed the landfill that same year. ADEQ sued the solid waste district in 2013 in Baxter County Circuit Court and was granted an order of summary judgment to take possession of bank accounts and certificates of deposit held by the solid waste district. The order also said that ADEQ was entitled to pursue additional money related to the cleanup and closure of the landfill.

In January 2014, the solid waste district filed a voluntary petition for Chapter 9 bankruptcy. Bank of the Ozarks, acting as a trustee for the bondholders, filed a motion asking the court to dismiss the bankruptcy petition and U.S. Bankruptcy Judge Ben Barry granted the motion in an order issued Aug. 4, 2014. Bank of the Ozarks filed a complaint in Pulaski County Circuit Court in December 2014, seeking Treece’s appointment as the receiver for the solid waste district. The court entered a consent order appointing Treece as the receiver in May 2015. Among his court-ordered duties were to evaluate the solid waste district’s operations and make recommendations to the court regarding alternatives for the solid waste district to generate additional income and revenue that could then be used to repay the bonds. Treece filed his report and recommendations with the court in November 2016 — citing Section 8-6-701 of the Arkansas Annotated See Landfill, page 15

May 24, 2018 – Lovely County Citizen – Page

Landfill

Continued from page 14

Code, the state legislative act that created the solid waste districts.

Attorneys for Bank of the Ozarks, ADEQ and the solid waste district raised no objections to Treece’s recommendations, and Fox issued his order establishing the $18 service fee on April 21, 2017.

Summers’ complaint notes that the district’s real property was seized and sold and that the district’s bank accounts were also seized, with money from the sales and seizures going to ADEQ and the bondholders.

“As secured creditors, the proceeds from the security would normally be all the bondholders were entitled to obtain,” the complaint says. “Presumably when sophisticated investors make the decision to take advantage of tax-exempt bonds, they do due diligence regarding their investment and require adequate security, knowing that the possibility of default exists.”

State Sen. Bryan King of Green Forest, who has conducted public meetings on the issue in Berryville, has pointed to special language in the 2014 ADEQ appropriations bill that he says created a mechanism that ultimately led to the imposition of the $18 fee.

The Special Language Subcommittee of the Arkansas Legislative Council/Joint Budget Committee approved an amendment to the appropriations bill that became Act 274 of 2014. That amendment, sponsored by then-state Sen. Johnny Key of Mountain Home, clearly related to the NABORS Landfill.

Section B-2 of the amendment states that “(The Arkansas Department of Environmental Quality also may:) Institute a civil action against the regional solid waste management district and all of the entities composing the regional solid waste management district to seek the recovery of any funds expended from the Landfill Post-Closure Trust Fund under subdivision (b)(1) of this section, unless satisfactory repayment arrangements are reached and agreed upon by the department with the district and the bondholders.”

Summer’s lawsuit cites that portion of

the amendment.

“In effect, this unpublished piece of legislation changed the revenue sources of the Landfill Post-Closure Trust Fund,” the suit says. “Prior to this legislation, the only sources were various fees charged to the landfill operators and transferees plus whatever federal funds could be obtained. This legislation, obviously crafted especially for the Ozark Mountain Solid Waste District, now expanded and ADEQ could not only sue the District as an entity, but now each county within the district could be sued for these costs. However, it did not have to do so if a ‘satisfactory repayment arrangement’ was reached and agreed upon by the department with the district AND the ‘bondholders.’ The specificity of ‘bondholders’ as opposed to ‘secured creditors’ is unique, and … make the provision uniquely tailored to the situation at the Ozark Mountain Solid Waste District, rather than more general language which might encompass other districts.

The only limitation on this new right to sue the District was that it expired June 30, 2017.”

Bishop agreed with King that the seeds for the $18 fee were planted in that 2014 appropriations bill.

“The ADEQ Appropriation Act absolutely kicked this off, and it could not be more obvious,” Bishop said in an email.

“The bondholders had no possible way to recover beyond their bond security prior to the Act, and ADEQ did not have the ability to pursue reimbursement from the taxpayers. ADEQ had adequate funding from tax dollars to handle this already.

After this was passed, the bondholders had this new option, which is why nine months later they filed suit for the Receiver to be appointed. Reading the legislation you can tell someone drafted it to be tailor made for the Ozark Mountain Solid Waste District situation, and to open up options for the bondholders.

Otherwise, why mention just ‘bondholders’ or only allow the legislation to be effective until June 2017? Why not all secured creditors or even unsecured?”

Although the $18 charge included on tax assessments has been referred to as a “fee,” the lawsuit argues that it is ac-

tually a tax.

“Arkansas courts are not bound by an entity calling an exaction upon taxpayers a ‘fee’ and not a ‘tax,’ ” the complaint says. “The distinction between a tax and a fee is that government imposes a tax for general revenue purposes, but a fee is imposed in the government’s exercise of its police purposes. … A fee must be fair and reasonable and bear a reasonable relationship to the benefits conferred on those receiving the services.”

The complaint cites precedent established in other Arkansas court rulings. It goes on to say that the $18 charge does not go toward the district’s “exercise of its police powers.”

“Rather, it goes almost entirely to creditors,” the complaint says. “Paying creditors is not a function of the District’s exercise of police powers, for as the Receiver noted, the Defendant is not operational. Moreover, paying creditors is never an exercise of police powers.

“Further, the $18 confers no benefit on those taxpayers bearing it, because the entity charging it provides no service to

15

said taxpayers; rather, it is a fee designed solely to benefit ADEQ, which already has the funds it needs to clean up, and the investors in the bonds who chose to take the risk of investing.”

The complaint also argues that “the $18 tax clearly has no relation to any services performed by Defendant and is thus an excessive illegal exaction.”

Bishop said he believes the suit has a good chance to be successful.

“I think it is solid, or Ms. Howerton and I wouldn’t be putting our time and money into it,” he said. “We have to file one in each of six counties, and have spent weeks researching it just to the point of filing. With a lot of money at stake for the Defendants, and fighting both ADEQ and the bond investors, I think it will be a long-term battle against a well funded opponent but I believe we’ve interpreted the law correctly. That doesn’t mean the taxpayers will for sure win, as I’m not the judge, but my time is valuable to me and I wouldn’t waste it on a case I didn’t think was worth the fight for the public in general or that couldn’t be won.

Celebrate

Jesus Parade Music in the Park Friday, May 25th Music in Basin Park 11 am - 5 pm

Proclaiming, Praising & Exalting the name of Jesus

Saturday, May 26th Music 11 am - 2 pm & after parade - 5 pm Sponsored by the Western Carroll County Ministerial Association [Historic Downtown]

Eureka Springs, Arkansas Parade start: 2:00 PM Live Music in Basin Park (Gospel, Contemporary, Folk, & more)

For more information: call: 479-253-8925

A family friendly event

Page 16 – Lovely County Citizen – May 24, 2018

Hwy 62 West Eureka Springs, AR

Hours: 7:30 a.m. - 10 p.m. • 7-Days A Week

Phone: 1-479-253-9561 We guarantee all sales or your money will be cheerfully refunded if not satisfied. We reserve the right to limit subject to market availability.

HARTS FAMILY CENTER IS YOUR

#1

SHOPPING CENTER

SHIP YOUR PACKAGES WITH US:

We Ship Via UPS Search for Harts Family Center OFFICIAL FOOD STAMP STORE

ATM/DEBIT CARDS ACCEPTED

LOCALLY FAMILY OWNED & OPERATED