Council picks special vote to fill vacancy

Fayetteville to hold election in February for Ward 2 seat

FAYETTEVILLE — The city will hold a special election Feb. 8 to fill the seat of a former council member representing much of downtown and the University of Arkansas campus.

The City Council voted 7-0 Tuesday to hold the election, and 7-0 again to select the date.

Arkansas law says a city council must call for a special election or appoint someone during the first regular meeting following a vacancy. That meeting was Tuesday.

Matthew Petty held the Ward 2 seat since first gaining election in 2008. He was the longest-serving member with the current makeup of the council until his resignation Oct. 25. The term Petty was serving ends Dec. 31, 2024.

Petty, 37, cited his professional work demands in city planning and having to travel as the reason for his leaving, saying he could not dedicate as much time to the council as he wanted.

Before any discussion, Council Member Mark Kinion, the other Ward 2 representative, made a motion to call a special election. Council Member Sloan Scroggin of Ward 3 seconded.

The council could have appointed someone. Ward 2 residents were allowed to send resumes and letters of interest to the City Clerk’s Office.

“While I think some of the people I’ve seen are absolutely wonderful, with three years ahead of us, I think the citizens need to have a vote on that,” Scroggin said. “I hope some of the people who did send their resumes actually throw their hat in and run for an election.”

The council received seven resumes or letters of interest before the meeting. Interested residents were planning commissioners Leslie Belden and Mike Wiederkehr; former council member and planning commissioner Kyle Cook; Troy Gittings, owner of Bugsy’s on Dickson Street; Bonnie Miller, president of the League of Women Voters of Arkansas; Kristen Scott of the Fayetteville Housing Authority board; and Clayton Goodson.

One member of the public who was in favor of holding a special election spoke to the council.

A state law adopted this year says special elections for vacant municipal positions can only be held the second Tuesday of February, May, August or November in a non-presidential election year. The next presidential election is in 2024.

City Clerk Kara Paxton estimated the special election could cost about $10,000.

“Even though this election might cost quite a bit of money, it’s money well-spent. This is a three-year term we’re trying to fill. I feel the Ward 2 residents should have a say in that.”

— Council Member Holly Hertzberg

Council members asked questions about the process to set a special election, but none suggested appointing someone.

“Even though this election might cost quite a bit of money, it’s money wellspent,” Council Member Holly Hertzberg said. “This is a three-year term we’re trying to fill. I feel the Ward 2 residents should have a say in that.”

Circulation for petitions of candidacy will begin Nov. 12 and end at noon Nov. 19, according to the resolution the council approved. Council positions are nonpartisan.

Ward 2 includes most of downtown, including Dickson Street and the downtown square. Other notable landmarks are Wilson Park, the Washington-Willow neighborhood, Woodland Junior High School and the University of Arkansas campus east of Garland Avenue.

In other business, the council held an item involving the time owners of shortterm rentals will have to seek a permit from the city.

The council adopted several regulations for short-term rentals, including Airbnb and VRBO, in April. One of the regulations requires owners of Type II rentals to seek a conditional use permit. Type II rentals refer to standalone units that serve as short-term rentals year-round.

The Planning Commission normally grants conditional use permits. However, the council granted owners a six-month grace period to get the permit from staff without having to go to the commission.

The grace period is scheduled to end Nov. 21. The item the council considered would extend the deadline to Feb. 21. The council discuss the item again Nov. 16.