Artists can now 'put paint to canvas' as council agrees to Artery contract

"The world has been watching our little hamlet," said Artery creator Charlotte Buchanan, referring to recent press including stories on Fox News and AOL online. "It is a good day for artists all over the world and for the Eureka Springs artists who stood up to be truly an arts destination."

The City Council heard from prominent artists and gallery owners before launching into yet another lengthy discussion of the Artery contract Monday night.

There was much discussion and a failed resolution to sign a contract with the Congressional District Program (CDP), the national non-profit the Artery has operated under the past five years. The council had indicated it wanted to sign the contract with someone local.

Just when it looked like there would again be a deadlock on the issue that has dominated council business for the past several months, Alderperson Butch Berry made a motion to sign a two-year contract with Buchanan's glamOrama productions, an event production business incorporated in 1990.

4-to-2 vote

After Buchanan agreed, the motion passed when Alderperson Joyce Zeller -- an outspoken critic of some Artery panels -- joined Berry and Alderpersons James DeVito and Beverly Blankenship in voting "yes." Alderpersons Rob Wagner and Patrick Brammer voted "no."

Buchanan had appealed to the council to sign a contract that would allow artists to start to "put paint to canvas" because it takes a long time to paint one of the 4' x 8' panels in time for the traditional Labor Day opening. Buchanan manages the outdoor art wall downtown with her husband, artist James Yale.

During the public comment period, Buchanan said the Artery has generated lots of free publicity to make people think of Eureka Springs as an arts destination. She was clearly frustrated at the amount of time it has taken to get a contract approved.

'Turn over every stone'

"I want to help," said Buchanan. "I want to answer questions. But I see you working harder to kill this than keep this. You should turn over every stone to say 'yes.' Let's get this show on the road."

Council members opposed to signing a contract with CDP voiced concerns about whether a company based so far away would be responsive.

City Attorney Tim Weaver recommended against signing the contract and said he didn't understand why Buchanan and Yale didn't want to contract directly with the city.

"This is sitting wide open for anyone to come in and walk all over us," Weaver said. He added that contracts are done to put you in a position to sue if something goes wrong, and that it would be hard to sue a company operating in Virginia. Weaver advised the council to either take down the Artery or create a contract with a local, responsible entity instead of continuing to operate under the handshake agreement of the past five years.

Forbes article cited

Wagner said he felt obligated to protect Eureka citizens against lawsuits. He referred to an article in Forbes magazine critical of the National Heritage Partnership (NHP), a group that is in bankruptcy after a large court settlement in a case alleging financial mismanagement. NHP and CDP share office space and some of the same personnel.

Blankenship said that CDP Vice President Jan H. Ridgely, responding to emails from DeVito about the Forbes article, said CDP handles programs with millions in grant funding.

"We are the recipient of funds from such illustrious groups and companies as the MacArthur Foundation, The Bill and Melinda Gates Foundation, Wal-Mart, the federal government, Coca Cola and others," Ridgely wrote in an email. "Never, ever, have these organizations presented me with such a challenge -- and all these organizations have entrusted CDP with millions of dollars."

Ridgely said, in contrast, the Eureka Springs City Council was having trouble entrusting CDP with the wall of a parking lot.

"I cannot help but feel that everyone involved is missing the point of bringing beauty through art to an otherwise unwanted and ugly area of town," Ridgely said. "I appreciate the scrutiny and care the council is setting forth, and wonder if they apply these stringent policies and procedures to all such vendors! Especially vendors which are doing the work for no pay, no funding and no support!"

Overwhelmed by whims

She said she could only react to "each new whim the committee brings forth -- now they object because of an email, now they object because there is no liability policy, now they object because of the content of the art, now they object because CDP is a charity with HQ in Va., now they object because they want the business to be in Eureka Springs, not Va. Wow! I don't think in my career I've ever been up against so much!"

Blankenship spoke of providing documents to council that were requested regarding CDP's non-profit tax status. Blankenship said 2 1/2 months ago Zeller made the motion to approve a contract on the Artery.

"At that time, no one wanted to stop the panels going up," Blankenship said. "They just wanted to make sure they were not offensive. Now people are backing up trying to find reasons not to let it happen. We aren't giving them (CDP) anything except space on a wall. I don't understand how that could be such an awful thing."

Buchanan said it was important to be under the umbrella of the CDP because all Artery finances go through that organization. That saves a lot of money in accounting and tax filings. When a panel sells, 40 percent goes into an artists' trust, and 60 percent goes to the artist.

DeVito said he had concerns about signing a contract with CDP, but wanted to sign a contract with Buchanan who could go ahead and do business through CDP.

'Out of the question'

Zeller said she felt obligated to look out for the financial well-being of the city. "As far as I'm concerned, a contract with CDP is out of the question," Zeller said.

Beau Zar Satori, who had talked with Yale to get his answer about why he and his wife couldn't sign the contract, said it would undermine the non-profit status of CDP.

DeVito said he didn't want the Artery derailed over procedural issues. "We need to make every effort to have this succeed," DeVito said.

But Weaver said the city couldn't contract with the Artery as it doesn't exist as a legal entity.

Berry's proposal

Then Berry made the motion to sign a contract with glamOrama productions, after being assured that it is an incorporated, legal entity.

At the end of the meeting, Mayor Dani Joy congratulated the council on solving the Artery controversy. "I'm proud of you," Joy said. "What you did tonight was hard. There were a lot of misconceptions, a lot of rumors."

Joy denied that the controversy grew out of any private agenda against Buchanan and said it came up because of the threat of a lawsuit. No further details of the threatened lawsuit were available at press time.