SPRINGDALE -- City Attorney Ernest Cate explained that building a Piney Ridge facility is not a violation, during another city meeting in which leadership was questioned and city law defended.
Resident Walt Williams and other community members packed the City Administration Building's Multipurpose Room where the City Council Committee meeting was held Monday, and spoke defiantly after Cate explained why state and city statutes would not be violated by the development of Piney Ridge, which treats juveniles with sexual behavioral disorders.
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"I will never take my kids to that $10.8 million park or allow my wife to if that facility is built," Williams said in reference to Piney Ridge potentially being at 5060 E. Robinson Ave., near a Habberton Road neighborhood, grade schools such as Turnbow Elementary and C.L. "Charlie" and Willie George Park.
Mayor Doug Sprouse rose from his seat and spoke with equal passion, his voice trembling as he defended city leadership and the need for Piney Ridge.
"We got a difference of opinion on the risk; I'm going to go watch my grandchild play tee ball at that new park," Sprouse said. "There are kids in our schools who utilize Piney Ridge, but more importantly, there are kids who are not getting help, and the parents will not get them help because of the stigma they hear. That's my concern, and that's where I pray for my grandkids."
Williams retorted, saying if there is any risk whatsoever, why is Piney Ridge being allowed to be built.
"I've taught Sunday School myself, and I know fear when I see it, and fear colors our decision-making process. I'm not going to allow fear to drive my life. There's risk in anything we do," Sprouse said immediately before leaving the meeting to watch his grandson's game.
Two weeks ago, community members attended the committee meeting and questioned whether Piney Ridge meets the Commercial District 2 (C-2) rezoning standard and whether a facility that houses juvenile sex offenders can be located near residences and schools. At Monday's meeting, Cate came back with answers.
Cate said Piney Ridge falls under C-2 as a residential treatment facility, and that he researched how other cities classify such facilities, including Fayetteville, where Piney Ridge is now located.
"I reached out to Fayetteville, and they told me they classify this facility as an 'inpatient hospital,' using Use Unit 4, permitted in C-2," Cate said. "I reached out to Conway as well. Conway said they would classify it as 'hospital: general health center, restricted to mental, narcotics or alcoholic patients sanatorium.'"
Cate also said that according to state law, Level 3 and Level 4 sex offenders cannot live within 2,000 feet of a school, park or area where children frequent.
Cate said he asked both Piney Ridge and the Department of Human Services officials whether registered sex offenders reside at Piney Ridge.
"Piney Ridge and Arkansas DHS both report that no individuals who are registered sex offenders will be located in (a Piney Ridge) facility," Cate said.
State law also says a sexual rehabilitative program shall not be located within 1,000 feet of an elementary school, child care center or child care family home. However, no schools, parks or churches come within 1,000 feet of the potential Piney Ridge location, Cate said.
Council and committee member Kathy Jaycox asked if the city could add more feet to the required distance. Cate responded by quoting the state attorney general.
"A city cannot pass an order giving greater residential requirements," Cate said.
The City Council voted on Sept. 27 to rezone Sherry Farms from an agricultural district to a general commercial district, which allowed the Sherry family to sell their 32 acres of land at East Robinson Avenue to Acadia Health, which plans to build a Piney Ridge facility.
Piney Ridge specializes in housing and treating boys and girls ages 7 to 17 who have sexual behavioral issues.
Piney Ridge's next step toward building a Springdale facility is making a formal request to the Planning Commission to become a large-scale development. Cate said that Piney Ridge is already in the pre-application process and will likely submit an application next week, but does not know if that will be in time for the request to be voted on during the Nov. 1 Planning Commission meeting.
Jaycox, who voted against the rezoning at the City Council meeting, received a phone call from a community member sometime after the council meeting. Because the resident asked Jaycox to clarify what uses fall under Commercial District 2, Jaycox requested a discussion on zoning at the committee meeting two weeks ago.
For every city meeting that concerned the rezoning, residents have shown up en masse to speak against the rezoning. Residents often expressed concern of rumors that Piney residents have fled from the current Fayetteville facility at 2805 E. Zion Road.
A week before the September Planning Commission meeting in which the commission recommended the rezoning to City Council, Dr. Sam Wallace, director of clinical services for Piney Ridge, said there had been 12 runaways, referred to as "elopements," at Piney Ridge since 2013. He said in his 13 years with the facility, none of the residents who eloped committed a violent or sexual crime while on the loose. During the City Council meeting, Doris Singleton, CEO of Piney Ridge, confirmed there had been two more runaways since the planning meeting.
Following the council vote approving the rezoning, Singleton said the new facility will be built to have enhanced security to deter residents from running away.
Sprouse said he has looked at the new building's plans and confirmed that there will be enhanced security measures.
"The new design will make a difference, I know it will," Sprouse said.
NW News on 10/18/2016