Our New Mayor - A Commentary by Jim McCafferty                                                                                                    July 11, 2011

The City of Hot Springs recently elected a new Mayor, Ruth Carney.   This ended the long reign of Mayor Mike Bush, a local “good old boy.”  The Bush era was a continuation of the rule of earlier good old boys and girls, all representing the local “political class” over the years.  The new Mayor is not a good old boy or good old girl, and the local political class is not happy about her election.  They can find criticism for her every statement and action, real or imagined.   Why the antipathy?  In the eyes of the local political class, she simply has no business being Mayor.  She was not supposed to get elected.  It was an accident.  A disgruntled former City Director made the election a three-way race taking votes from their guy Bush and allowing a voting minority of Republicans, evangelicals, and other miscreants to elect Ruth Carney, a preacher’s wife, as Mayor of Hot Springs.

The political class conveniently overlooks the fact that Bush was very unpopular, having set new records for arrogance and disrespect for citizens and fellow elected officials during his time in office.  But even conceding that perhaps Bush needed replacing, the local political class cannot abide that somehow the voters selected Ruth Carney to do it.  They will not “get over it,” and apparently intend to make her time in office as unpleasant as they can. The Mayor will have her hands full in dealing with these people. Her antagonists are well established, having infiltrated just about every organization in the city.   For decades they have characterized themselves as the “progressive” heroes of Hot Springs, protecting everything good and wonderful about the city, fighting the “regressive” forces of evil presumably lurking in the shadows.  This cannot be better said than in the Editorial in the local newspaper of Sunday, June 5, 2011.

The Mayor’s difficulties can be illustrated by a number of examples, starting with the case of a new drinking water plant proposed by city officials.  Before the new Mayor took office, city officials had spent over $3 million on a plan for the new facility.  Unfortunately, much of this money was spent after the State Health Department told them that it would never approve their plan.  This was important because the Health Department has exclusive jurisdiction to approve or not approve drinking water plants.  So it turns out this money was wasted.   In any private industry context, heads would roll for such obvious mismanagement.  But did heads roll here?  No. The Mayor tried, but got no support from the political class. 

In connection with the water treatment plant fiasco, city officials also admitted that they could not account for a significant portion -- perhaps 30 percent – of the output of the city’s existing water treatment plant.  This “lost water” translates directly into millions of dollars of “lost money” for the city.   Given that the officials in charge of water could not explain the lost water, the new Mayor attempted to get help on this problem from a State Agency charged with looking into such discrepancies.  But again, her efforts were blocked.  The power of the local political class apparently reaches high into State government. The disdain of the political class for the Mayor is so great that they would not support her efforts to discipline the city employees responsible for wasting millions on the aborted water treatment plant scheme, or to find the “lost water” costing the city millions.  They simply will not allow the Mayor any success if they can help it, no matter what the cost to taxpayers and ratepayers of the city’s water operations.

Those making up the political class feature themselves as the champions of “tourism,” which has materialized locally into a form of “corporatism” using tax revenues to subsidize local businesses and properties that cater to visitors to the city.   They recognize tourism as the primary industry of Hot Springs, such that if tourism fails, the town fails with it.  So upon taking office, our new Mayor promptly got into trouble over tourism.  She made an off-hand comment about an official “attendance estimate” at some local parade event, suggesting it was overstated.   That brought out every sort of hooting and howling by the local political class, including the local newspaper, that she didn’t support “tourism.”  They packed the next meeting of the City Board of Directors to vent their disdain for the Mayor and proclaim their support of tourism and the city’s tourism officials and apparatus.  They even produced a letter from the Arkansas Governor praising the head of the local “tourism” agency, which was read into the record with great fanfare, cheers and applause.

The most recent example of the political class denying the Mayor any success would have to be this one.  It seems that the term of a member of a particular commission expired.  This fellow was 80 years old and had served on this commission for years; he was a fixture.  The Mayor in combination with the mayors of the three other municipalities of the County could name a successor.  The Mayor nominated a young architect, and he was approved by the four mayors.   Ooops.  Somebody was upset, most likely the senior citizen that was being replaced.  He apparently has connections in the political class.  The newspaper pounced on the Mayor, suggesting among other things a bias against senior citizens.   The group of mayors reconvened and the three previously approving mayors withdrew their approval.  The new guy was un-appointed and the old guy was reappointed.  Case closed.

There is obviously little likelihood of “job satisfaction” for the Mayor in fighting with the local political establishment.  But to not engage with her antagonists does not mean that the Mayor should simply roll over and give up.  In particular cases, especially where the opposition overplays its hand, the Mayor can indeed land some counter-punches.   But each of these counterattacks must be focused, aggressive, and prompt.  An example would be the case of a local “radio host” attributing to the Mayor a planned crackdown on the “Gallery Walk,” a popular downtown evening event held monthly by the local “arts community.”   The rumor was that the Mayor would have Hot Springs police arrest Gallery Walk patrons who took any alcoholic refreshment served inside many of the galleries out onto the public sidewalk.  That rumor was false, obviously originated and spread by the Mayor’s enemies for no other reason than to damage the Mayor in her office.  The Mayor’s response was to promptly deny the rumor, and then move on.   No arrests were reported.

Prompt rebuttal to these childish attacks will soon inform citizens that they are without merit and made solely for the purpose of harassment of the Mayor.  The Mayor’s defense can easily contain an element of humor, pointing out the silliness of the attack and the desperation of her opponents.  The newspaper editorial mentioned above shows just how silly the opposition’s attitude really is – high school, at best.  Their nasty pranks are the acts of self-centered sophomoric minds, congratulating themselves for what they think is their superior “progressive” attitude.  Given the state of the city and the commitment of the political class to “tourism,” how can our new Mayor publicly demonstrate her support for Hot Springs and its citizens?  How can she turn to her advantage the dependency of the local political class on “tourism?” First, for the tourism bet to succeed, the city must be perceived by visitors and residents alike as a safe place.   Law and order must be seen to prevail.  When the city suffers a bad national crime report, as has happened, the usual reaction of the political class is to belittle the report and criticize the messenger.   For some reason, the political class always seems to overlook the police and sheriff reports of local crime in their own newspaper.  But non-insiders can comment only at great political peril.

Making the city a safer place is an opportunity for the new Mayor.   The city has recently hired a new Police Chief; certainly he will want to succeed in his new job in his new community.  The Mayor should “reach out” to the new Chief to show her support for a strong police force and visible police presence everywhere tourists might venture within the city.   The city surely needs improved shopping center security; more “neighborhood watch” programs; a “whistleblower” program; and (always) more money for police.  The Mayor can take the lead in supporting these efforts.   And she certainly should join with our new County Judge, Rick Davis, in his quest for a new County detention center.   A safer city can be a legacy of the new Mayor -- and a tourism booster too.

The Arlington Hotel in downtown Hot Springs may present another opportunity for our new Mayor.  Long a city icon with its sister hotel, the Majestic, some people now say the Arlington Hotel is at risk.   It is old and needs serious renovation.  It will be difficult for the Arlington to continue to compete with the newer motels sprouting up to service the city’s latest tourist attraction, the new Oaklawn Park Gaming Casino.  If the Oaklawn casino were to build a resort-class hotel, that might be the end of the Arlington.  The local political class should try to picture downtown Hot Springs without the Arlington Hotel.   Not pretty.  The old Majestic Hotel has already been shut down and stands as a decaying reminder of the fickleness of tourist pleasure – and the fragility of the “tourism bet.” This presents a great opportunity for our new Mayor.  She could take the lead to help the Arlington Hotel get a new life as a “games of skill” casino.  The Mayor could work with the owner of the Arlington to follow the Oaklawn Casino “formula”  to obtain a “games if skill” franchise from the State of Arkansas for the Arlington and its sister, the old Majestic. That would certainly help the city’s tourism industry, anchored by Oaklawn Casino at one end of Central Avenue, and the Arlington Hotel, Spa and Casino at the other end.  If gaming has come to town, and it has – that cannot be denied or undone -- then why should Oaklawn have a “monopoly” on gaming in Hot Springs?  The Arlington owner can easily be seen to invest millions in a revitalized hotel and spa, with a new casino where the once proud Majestic now stands – presently rotting.

 This does not mean that the Mayor is a gambler, or supports gambling as a personal choice.   No,  she is not a gambler, and doesn’t support gambling as a personal choice for anybody. That is not the point.  It merely means that she recognizes the reality of “games of skill” having been made legal in Hot Springs by the Arkansas Legislature, and that such a business could revitalize the Arlington Hotel and thus be good for tourism and thus for Hot Springs, according to the received wisdom of the political class.  And besides, as the political class will tell you, Oaklawn operates “games of skill,” not “games of chance.”  So there is no “gambling” at Oaklawn, and there would not be gambling at the Arlington.  Merely games of skill.

Getting a four-year college campus for the city would be another opportunity for the Mayor, and a clear tourism booster.  Recently, it has been proposed that Henderson State University, in nearby Arkadelphia, might combine with the local community college, resulting in a four-year college campus for Hot Springs in the future.  This has not received much fanfare from the local political class.   For some reason, the local political class has apparently never shown much interest in getting a four-year college campus in the city.  There is no “University of Arkansas at Hot Springs,” while many lesser towns have obtained such a campus.  The Mayor could take advantage of this opening, and support the idea of obtaining a four-year college campus in Hot Springs. “Henderson State University at Hot Springs” will do.  It would be a game changer for the city, as well as a tourism booster.

Other opportunities abound.   The Mayor could step forward to support the Hot Springs Music Festival, as well the Hot Springs Documentary Film Festival.  These both apparently need attention and a caring hand.   The Music Festival needs a serious venue, a real orchestral auditorium – something like Hot Springs Village has at its Woodlands Auditorium.   Why couldn’t Horner Hall be redone to provide good acoustics and good viewing? To condemn the Music Festival to the acoustically-challenged basketball gym of the old high school, or make it go hat-in-hand to local churches for a place to perform, should be a disgrace to the local political class.  But they have blissfully ignored the problem, apparently content with “the Village” having the only real auditorium in the County.  Likewise for the Film Festival, stuck in the old Malco Theater.  Why not have a revised Horner Hall venue for that too, to make these festivals upscale, to attract more tourists?

And then there is Garvan Woodland Gardens, a tourism treasure, and actually a part of the University of Arkansas. A number of local philanthropists, recognizing the potential of Garvan, have showered it with gifts to make it a world-class attraction.  It is a featured garden in the American Horticultural Society’s reciprocal admissions program to “encourage (Society) members to travel the country to discover the diversity and beauty of American horticulture.”  That means “tourists” for Hot Springs. The  Mayor should become a patron of these local events and attractions, not so much by financial support, but by putting the office of the Mayor behind them by becoming personally identified with them, and thereby improving them.  Her enemies will begin to think twice about attacking her in those leadership roles.

In summary, there are a number of initiatives the new Mayor could take, not necessarily to do battle with the local political class, but rather to support projects and efforts that will make Hot Springs a better place -- for tourists and citizens alike.  Her initiatives in that regard will allow her to simply ignore the high-school pranks and other nonsense promulgated by the local political class and its newspaper.  After awhile, local citizens will figure out that their incessant silly attacks on the Mayor are just that – silly – and can and should be ignored.

An Open Letter to Speaker Boehner on Budget Cut Ideas - Barbara A                                           July 7, 2011

Dear Speaker Boehner,

In all sincerity I write to ask how the representatives can permit our president and other members of congress to propose cut-backs that are so destructive to programs provided for American citizens? Some of these citizens even pay taxes and are part of the dwindling pool of contributors to the Federal tax base! When a shortage of funds occur in most persons budgets the reduction would be in the "non- essential," discretionary spending areas. Why is this so difficult a concept to understand?

Time is short for your areas of agreement to be reached ,but I would be remiss not to try to reach you with obvious suggestions of areas that are superfluous to the needs of citizens, and are choices made by the federal government. Cut out completely all Foreign Aid, Cut out the UN and all of the expenses of having it in the USA. End all subsidies to illegals, end the funds provided to keep USA military in over 100 places around the world. Cut out the unnecessary summer food programs currently provided to schools and serving communities during summer break from school. This thought process that says "all will receive" because some really need the food is ridiculous.

Stop places like our border towns from going into Mexico and bringing their population into our country, with our taxpayer funded buses, to provide education to foreign students that skew so much of our programs with unnecessary requirements that would not be required if we were education only English speaking students and legal residents of the USA. Cut out our overpayments to the International Monetary Fund, Cut out the rest of the "world funds" we are involved in and where we pay the majority of the contributions to the fund. Stop the ridiculous funded university research programs.

You understand far better than I where the true waste is, and you know the optional programs the government has started and keeps funding as a routine cost item. Please do not start with CITIZEN services as it is not necessary to be dramatic and hurt your own when they have funded these useless items to support congresses foolish proclivities for years.

The Last Wish - A Commentary by Denise Parkinson                                                                             June 10, 2011

Has Media Ceased Being Truthful?  Do They Care?                                                                             June 7, 2011

Following are excerpts from the May 18, 2011 issue of the Arkansas Times.  Specifically, from an article titled, “Evangelicals making tracks in Hot Springs” by Leslie Newell Peacock.  The full article can be seen online by clicking here.  

The purpose of this post is to provide the reader with the facts, as we see them, to determine if this article is truthful or may have been written with an “ulterior motive” in mind.  Excerpts are shown in italics followed by our comments.

When a Republican like Cliff Jackson, raised in the Assembly of God Church, and best known as Bill Clinton's nemesis, thinks Hot Springs is moving toward theocracy, you've got to wonder. Is he right?

Comment from Cliff Jackson found following the article in the Arkansas Times:  Leslie - Am I, as you describe me, a "Republican"? NO way! I thought I made clear in my discussions with you that I am an Independent and a rapscallion one at that. Actually, I have threatened to join the Garland County Democratic Party because they are closer to my ideology, but I probably will not: I am too much an independent.
 

Not a single Democrat won in Garland County's House and county races last November. It was a clean sweep…

Rep. John Vines was elected as District 25 State Representative as a Democrat and a couple of Democrats won county races.

It was a bad year for Democrats the state and nation over, but Garland County's most conservative organizations — the Tea Party, the Watchmen, the Garland Good Government Group — are organized, active and can take a good part of the credit.

The Tea Party did NOT support only Republicans and the author was told this prior to writing the article.  The Garland Good Government Group (GGGG) has a long-standing policy of being non-partisan.  In fact, members are told to check their political affilations at the door because the sole purpose of the group is good government.  The GGGG is comprised of members from most all political parties including several independents.

Chatham said his characterization of Rephan as a Jew was "inadvertent." But here's what Bob Driggers of the GGGG said when asked about the description of Rephan: "Well, he's Jewish, isn't he?"

Driggers’ comment was made following the author’s assertion that Diane Silverman, who is Jewish, did not support Rephan.  Driggers’ comment, "Well, he's Jewish, isn't he?" was used to demonstrate that the author’s statement ran counter to her belief that local groups only supported like minded Christians or Republicans.  To use the comment as though it is related to a comment by Chatham, who Driggers does not even know, is poor journalism, at best.

Since then, Director Cynthia Keheley, who's been on the board for two and a half years, has introduced a resolution that restates board policy on limiting speakers to three minutes on issues on the agenda, and allowing the mayor to give them an extra minute to wrap up.

Keheley’s resolution actually requires a vote of the board prior to the mayor being allowed to give an extra minute to wrap up.  Does this border on “ridiculous” or what?

Keheley herself has been a target of the GGGG, which in protest of her resolution posted on its website a cartoon showing guns being pointed at her. She protested, and the cartoon was pulled down.

Here is the cartoon.  Which guns are pointing at Keheley?  She was the one "packing heat," not the other way around.

have we lost the right to expect our media to at least try to be somewhat honest?  Please read the entire article and decide for yourself if this author and our local media have begun inventing stories where no stories exist.

Good Ol' Boy's Plot Becoming More Obvious                                                                                       May 29, 2011

Okay folks, “the gloves are off.”  Over the years, faithful readers of this website have seen problems, critiques, and out-right criticisms of local elected officials and bureaucrats openly posted and discussed without naming names.  Although we have received numerous complaints concerning our not calling people by name or not allowing posts that use off-color language, we have resisted those temptations primarily because we don’t think professional behavior permits calling names or making personal accusations.  Our belief is that even true and accurate comments about an individual can have repercussions and unnecessary adverse effects on the reputations of totally innocent family members.  We also believe that name-calling and unsubstantiated allegations only reflect the immaturity of those making improper claims.  Sadly, Hot Spring’s “good ol’ boys” don’t play by the same rules and seem to think nothing of using mistruths or spouting incorrect numbers and ridiculous charges which they know have no factual basis.  For these reasons, we cannot continue to stand by quietly while a well-orchestrated and seriously concentrated effort by certain individuals continues their barrage aimed at discrediting anyone who dares stand in their way, the most notable and obvious of whom is our new mayor.

Our mayor proudly admits that she ran for office to help stop the rude behavior of the previous mayor and board toward other board members and, especially, to the public.  Those who know our mayor also know that she is one of the kindest people they have ever met.  Unfortunately, listening to and being kind to people runs counter to the goals of the “good ol’ boy” network. They view her as the prime threat to their time-proven nefarious methods of threats and intimidation, mistakenly believing that her kindness is a weakness which they can exploit.

Let’s review a few of the recent activities attributable to the “good ol’ boys” and then ask ourselves if we can continue to believe anything these people espouse or if they have ulterior motives that are not in the best interests of our city and our citizens.

      Steve Arrison is offended when the mayor suggests privately to city board members that Arrison's estimate of 37,000 attendees at the St. Patrick’s Day parade was likely inaccurate and the city should be careful to use accurate numbers in the future.  All it took was for one city board member or city manager type to leak this information to the Sentinel Record for Mr. Arrison to turn his hurt feelings into front-page headlines on March 26 which conveniently used Arrison’s interpretation that her comments actually now mean Hot Springs’ Mayor is opposed to tourists.

Many wondered what it meant last year when the term “Fire Chief’s Train Wreck” was first used.  Tuesday night at the city board meeting, it will begin to become blatantly obvious.  City management isn’t going to waste the opportunity the Higdon Ferry Phase III financing crisis presents.  The $3.75 million required (in addition to the $1.9 million projected to be left over from Phase II) hasn’t been planned for by city management (and it isn’t like they didn’t know it was looming on the horizon).  Some will recall earlier this year our new Mayor, Ruth Carney, brought this problem to the attention of the public and was promptly criticized by city management and some directors as inciting the public with erroneous information; however, it appears she was listening closer than the others and was 100% correct in her comments as the item is now very much in the news.  It is blatantly obvious nothing has been done by city management to plan for Phase III (Just a thought, but I wonder if any naysayers will offer an apology to the Mayor, apologies are certainly warranted.).  Now they (city management and some city board members)  are scurrying around acting surprised and looking for ways to extract more money from the public.  Look for city management and some city directors to just open the tinniest space and begin suggesting it is a great time to take care of any number of monetary needs, but you can be assured none will include any reductions in expenditures, just watch!!!!

Tuesday night when the Higdon Ferry Phase III issue is presented to the city board for discussion you are going to here proposals for raising the money to pay for Phase III, but I doubt city management of the city board will present any cost reduction ideas to fund the issue.  One of the suggestions to provide funding will be to impose a property tax/ad valorem tax (something repeatedly proposed by our city manager for any number of requirements in the past).  I think this proposal will possibly have the support of three city directors, watch and see.  Then at some point there will be mention of possibly ending the project at Crawford Drive and lose the AHTD funding (see the details in the May 16^th Sentinel Record) and then the pleas and cries will begin with some input likely from the CoC and possibly the GCDEC.  Another proposal will be a $3.75 million bond issue to be paid off in ten to twenty years with the bonds being secured by existing franchise fee revenue.  The bond proposal will appear attractive, but wait, there is just the tinniest of a problem with this and that is the requirement to reallocate $300,000 to $500,000 from “other funding needs of the Higdon Project and possible deferral of other worthy projects such as fire and police capital projects”.  And now that the door has been thrown open other items will begin to enter into the discussion one by one and they may also be considered for inclusion in a bond issue.  Most of you have by now figured out where this is going.

Look for the discussions to include a number of things; some are listed below and while they may not all be mentioned they are all looming on the horizon and are certain to come up if there is a recommendation to increase taxes, fees or propose a bond issue.  And there will be even more that I haven’t thought of, but you can be assured staff or board will have additions.

•      Tearing down the old hospital building $2.5 plus million (committed by the previous city board and when questioned about funding the Mayor said “Mr. Pritchett when the time comes this group will find the money,” likely required in late 2012 or in 2013

•       New fire station in the mall area, probably $2 million plus and more for additional equipment (and staff).  City management is going to tell you we have lost one point on our fire rating which may increase fire insurance rates for city residents and this will possibly change the loss.  What they aren’t going to tell you is that the only plans for annexation are “corridor annexation” and that means businesses on main streets will be brought into the city and protected, but residences behind the businesses will still be protected by volunteer fire departments if they are not currently inside the city limits and they currently pay higher rates.  The result is your tax burden will increase, but you won’t have city police and fire protection services unless you are inside the current city limits (residential fire insurance rates will not be reduced for those still residing in the county areas just adjacent or behind the businesses

•       New fire station on Carpenter Dam Road to replace the Golf Links station which is in poor condition, $2 million plus

•       Some mention will likely be made of the debt to the “old police and fireman” retirement funds.  This debt is from $12 - $23 million depending on the stock market.  These numbers were provided to the city by an independent public safety group

•       There may be some mention of the current fire and police retirement funds and while these aren’t in terrible shape they may not be completely funded, possibly $12 million and carry an ever increasing cost

These things total up to more than $30,000,000 and possibly close to $45,000,000.   I wonder how many citizens have any idea about the debts city management has burdened the city with.

There are really only two questions that need to be answered.

1.    How did we get into this situation and who is responsible?

2.    What are we going to do to solve the problem with Higdon Ferry Phase III and how to begin to solve the other problems long ignored by city management and city boards? 

The answer to (1.) is much simpler than you may expect, actually it is quite simple; poor city management for a number of years and past city boards who were asleep at the wheel got us into this position.  Add to these factors the forever increasing funding for “quality of life” services coupled with “ignorance is bliss” in reference to street paving, road maintenance, funding of outside agencies while ignoring infrastructure needs, non- existent capital expenditure programs, ever increasing and out of control employee retirement match requirements, significant raises for management personnel in staff positions, allowing city buildings and fire stations to deteriorate, failure to maintain an up to date emergency communication system for the police department, etc. 

It would be unreasonable of me to offer all this information and the comments without offering solutions.  Before offering solutions it is only fair to warn everyone that they are not going to be popular with city management and some city board members; however, they will be successful if adopted.  The actions I’m recommending are severe actions and I doubt city management and some city directors have the courage to implement them.  They will also take years to solve the problems and they will save our city from bankruptcy without adding new taxes and fees.

The answer to (2.) is much more complicated and lengthy.  While the need for funding Higdon Ferry Phase III will be presented as requiring immediate attention the funds don’t have to be “in place” until the fall of 2012 so we have plenty of time to extract the funds from General Fund accounts.  Ponder the following.

The best part of this crisis isn’t that city management and the city board can’t let it go to waste, rather it is that for the first time the citizens have the possibility of imposing control over an out of control city management  group and the city board. 

•       Dismiss all thoughts about bonuses or raises after the mid-year budget review

•       Implement an 8% across the board reduction in General Fund employee headcount immediately (including fire and police)

•       Implement a 10% across the board reduction in supplies budget in all General Fund accounts (including fuel budgets exclusive of the police department).  Park 25% of all city passenger vehicles and began a program to sell them or to terminate leases, etc.

•       Advise all “Outside Agency Funding” recipients that the programs are cancelled and any funds due/unpaid in 2011 will not be paid and no funding will be available in future years

•       Freeze hiring, develop a new “retirement policy” that replaces APERS for future hires with a 401k program, Hot Springs citizens cannot continue to fund retirements for city employees

•       Eliminate all traveling by city management and the city board

•       Freeze all capital expenditures such as vehicle purchases

•       Require all expenditures more than $500 to be approved by the city board

•       Reduce the 2011 remaining Parks and Recreation budget by 50% and advise that the 2012 budget will be 25% of the 2011 budget (consider moving Parks and Recreation to the A&P commission in 2012, they have resource and state law allows it)

•       Investigate terminating APERS programs for existing employees and replacing the program with a 401k program

Then add up the money this will save and determine how much more must be cut and while the first reductions were done with an ax the next round will be with a surgical knife.  I know the above and this statement will be labeled as, let me think here – impossible, insane, unrealistic, crazy, stupid, can’t be done, etc., but if the city goes bankrupt all of them will occur plus many more.

I doubt current city management and city board can solve the problems; however, there are some city directors that understand the problems.

•   To facilitate change the public must exert more pressure than ever before, this is a time the public can cause change.  City management is on its knees as they let this crisis manifest itself by burying the requirement somewhere (and on the heels of the water debacle the public isn’t likely to let this pass without some personnel terminations, director recalls, initiatives, etc.)

•   The city board cannot be happy with city management not bringing this problem to their attention earlier (it has made them look foolish) and most want to keep their positions

•   Criticism of the city board is at an “all time high” and their performance is at an “all time low”, their inaction cost the city $3 million plus on the water debacle and here we are again with another major crisis.  I doubt the “business as usual” program and “all is forgiven” will work for them this time

•   The city board cannot, with good conscience, believe the very people that delivered these two crises, are capable of solving them.  If so the debacle will only expand

•   There are groups forming now to begin the effort to terminate the “City Manager Form of Government”.  It is likely the actions taken over the next sixty days to resolve the problems will either terminate the effort or fuel it to move forward rapidly.

Facts about city management and the city board.

•    Give city management money and they will spend it on any number of things while ignoring infrastructure

•    Quality of life items always trump infrastructure, roads, fire stations, police protection, etc. for current city management and much of the city board

•    City board follows city management recommendations more than 95% of the time while city management tells them it is their decision to make.  Recognize the circular nature of the problem here and you understand why things never improve

•    Depending on revenue growth without implementing severe cost reductions in General Fund areas will never resolve our city’s financial problems.  Revenue growth of 6% is essentially required to keep us even, only a sustained double digit growth over several years will provide any significant amount to use to improve things

•    A divided city board, of which half would prefer to demean and discredit Mayor Carney rather than to conduct the city’s business in the best possible manner for the citizens, cannot be relied upon to do what is best for Hot Springs

The citizens of Hot Springs are at a very important junction.  Either, the citizens can fold their cards and follow the recommendations of existing city management which is the very group that delivered us the problems we have through mismanagement or the public must make it perfectly clear any increases in taxes, fees, bond issues, etc. will result in recall petitions, initiatives, referendums, etc. to recall directors and change our form of government.

•    The problems can be solved with harsh and severe cuts to city general fund budget items. 

•    Directors will have to “turn their backs” to the special interest groups.

The citizens of Hot Springs will not allow an overpaid city management staff to continue on a course that will most certainly bankrupt our wonderful city. 

Every citizen must make do with less “Quality of Life” services to enable our city to return to prosperity.  Hot Springs has to learn to live within its means.  

And perhaps the most significant fact every city management staff member, city employee, citizen and interested person must understand and accept.

Hot Springs Has a History of Unique Problems                                                                          February 13, 2011

     The City of Hot Springs seems to have always had problems or perhaps, just as long as I can remember.  As a kid back in the 1940s and 50s, I recall our city being very vibrant and thriving but this was during a time when casinos and "houses of ill repute" were open all over town and even out of town at the Belvedere.  The most popular was the Southern Club directly across from the Arlington.  A bit later (about 1958), the brand new upscale Vapors Night Club opened on Park Avenue.  Heck, I even worked there for awhile.  Lots of nationally known celebrities performed there.  I even got to hang out with Rocky Marciano who, at the time, was boxing's heavyweight champion of the world.  Of course there were also obvious houses of prostitution and not just in what most towns called their "red light" district.  These were everywhere and included the Ozark Rooms, Prospect Rooms, Piggly Rooms, etc. and were it not for their actual red lights, appeared to be rooming houses.  The bath houses were packed. Oaklawn Race Park was the most popular tourist attraction even though there was no A&P around to promote it.  You could even wager on ostriches from the Hot Springs Ostrich Farm on Whittington being raced by real jockeys.  The town was controlled by Mayor Leo McLaughlin and Prosecutor Verne Ledgerwood and later by Sid McMath and a group of GIs.  Times appeared to be good and quite prosperous in Hot Springs but everyone knew that something was just not quite right with our town.

     Around 1964 when Governor Rockefeller shut down casino gambling, open bookmaking, and prostitution in the city, it all just reopened at "The Mansion,"  a roadhouse located a few miles out of town on highway 7 north was an establishment that made New Orleans' House of the Rising Sun look tame by comparison.  Finally, the governor got that establishment also shut down but special exemptions were made to keep Oaklawn Park open.  Some still wonder how much that cost.  Once open gambling was gone, Hot Springs' downtown became a strange mixture of businesses with a carnival and auction atmosphere.  Downtown included a Kress, Sears, Walgreens, soda fountains, many hotels, and even downtown new car dealerships.  One could actually negotiate prices at several Jewish owned clothing stores.  Visitors could step up to a store-front and use a rifle loaded with 22 "shorts" to knock down mechanized metal ducks or break real plates and win various prizes.  Cotton candy was available several places.  A nice Frankes Cafeteria annually displayed the state champion watermelon which was almost always a "Black Diamond" from Hope and weighed in the hundreds of pounds.  Later, numerous auction houses seemed to be open 24/7 with carnival type "barkers" enticing people to "come in and grab a bargain."  The items being auctioned included almost everything but seemed to specialize in jewelry and art.  It was quite easy to purchase a diamond that turned out to really only be quartz crystal or artwork that was not nearly so valuable as they led you to believe.  Those other bidders who bid against you typically worked for the auction houses.  Oh yes, you could still gamble but you had to have connections to the town's "good ol' boys" to get to the right backrooms.  Yep, Hot Springs still didn't seem to be totally right.

Attorney General Rules City Holds Key to Jail Funding                                                              January 23, 2011

THE GARLAND COUNTY JAIL TAX, an Essay by James McCafferty

     Citizens generally agree that the old Garland County jail has many problems, and that the County needs a new jail.   A committee of local notables has been appointed to take the lead in a project to build a new jail.   Expert consultants have been studying the issues and are expected to recommend the proper size, security provisions, and other technical details for the new jail, as well as the best location for the facility.

    There is, however, one nagging question that the best intentioned notables and jail technical experts cannot answer: how will Garland County pay for building its new jail?

    This seems an easy question to answer.   One can quickly find any number of provisions in the Arkansas statutes that seem to provide a way to pay for a new County jail.   For example, there is Subchapter 3 of Title 26, Chapter 74 of the Arkansas Code (ACA 26-74-301 et seq.), conveniently entitled “Sales Tax for Capital Improvements.“   Under this law, the County is authorized to issue bonds to raise the cash to pay for jail construction, and impose a new County-wide sales tax, upon voter approval, to repay the bonds over some period of time.   Subchapter 3 seems perfect to finance a new jail for Garland County.

    But this is where trouble arises.   It seems that certain local officials insist that the revenues from any new County sales tax for a new jail must be shared at the gross level, i.e. “off the top,” with the City of Hot Springs, on a population or “per capita” basis.  This sharing formula would entitle the City to about 40 percent of the tax revenue, since the City contains about 40 percent of the population of Garland County.   These officials say that the obligation to share the tax proceeds arises from the fact that in 1993 Garland County imprudently enacted a ½ percent sales tax under Subchapter 4 of ACA 26-74, and now the County is stuck with Section 414(b) of that law which says:

    (b) If any county levying a ½ percent tax under . . . this subchapter subsequently levies any     additional sales . . . tax under . . . any other law, the net revenues derived from any such     additional levy . . . shall be allocated and distributed to the county and the municipalities in the     county on a per capita basis in the manner provided in Section 26-74-313. 

These officials also say that their view is supported by certain “leading authorities” on the law, including a widely respected Little Rock “bond lawyer”[fn1] and even the Arkansas Attorney General [fn2].     

Argument 

    I say these officials and their “supporters” are simply wrong, that “sharing” of the gross tax revenues is not required by Section 414(b) or any other statute, that their erroneous “interpretation” of the law should be rejected by Garland County officials and voters.

      There are two ways to illustrate their error: first, by using common sense; and second, by way of legal analysis.   First, using common sense, let’s consider the following hypothetical:  suppose the Garland County Courthouse is found to be infested with asbestos, or a dangerous mold, or some other variety of health risk; to eliminate this health risk requires substantial renovation, costing millions of dollars which the County does not have laying around;  County officials propose to borrow the money for the renovation, under ACA 26-74-301 et seq., using bonds to be paid off over time with a new sales tax pledged specifically for this purpose. 

       But wait.  Hot Springs City officials object, claiming that the City is entitled to 40 percent of the tax revenues, citing ACA 26-74-414(b).   The City would thus require the County to raise (by taxation) almost double what the County Court House renovation will cost, to give the City its claimed “share” of the proceeds from the new tax.   The County’s misfortune provides the City with a windfall of revenue.

    That interpretation of Section 414(b)  -  i.e., giving the City a per capita share of the tax revenues off the top - would thus make Garland County’s present Subchapter 4 sales tax a “poison pill” for use of a sales tax to finance any capital improvement the County might want or need.   That does not make sense.

    The “poison pill” interpretation of Section 414(b) offends common sense; and it also is offensive to competent legal analysis, as follows.  First, there is no Arkansas Supreme Court decision on the meaning of Section 414(b), in particular the meaning of the term “net revenues.”  That means the matter is open to debate among lawyers.  However, that debate is subject to certain “rules of statutory construction“  developed over time by the Arkansas Supreme Court.   These rules are stated by the Court in its reported decisions.  

    The Supreme Court rules say that statutory provisions must be construed to make them consistent, harmonious and sensible.  All relevant statutes must be given effect if possible.[fn3]   In our present case, the tax sharing proponents focus on Section 414(b) but ignore the specific and detailed mechanism for tax revenue distribution set forth in another statute, namely ACA 26-74-313.

    Further, the Court’s rules will not give a statute a literal construction if it leads to an absurd consequence.[fn4]   The “poison pill” literal interpretation of Section 414(b) leads to an absurd consequence: it prevents any county using a Subchapter 4 sales tax from financing its own capital improvement needs without either repealing its existing Subchapter 4 sales tax, or obtaining the “consent“ of the cities within the county claiming a share of the tax.   It would give a city a “veto” over the capital planning and tax policy of the county.  That is an absurd outcome.

    Further, a statute will generally not be interpreted to change or repeal a law not under consideration.[fn5]   Here, the proponents of the “poison pill” tax sharing interpretation would in effect and by inference repeal all the existing capital improvement tax provisions of State law for any county electing to use Subchapter 4 for its general operating funding needs.  The Court will refrain from inferring a

Legislative intent in the absence of clear expression.[fn6]   Here, the “poison pill” proponents infer a harsh legislative intent from Section 414(b) - absolutely depriving Garland County of its ability to fund its own capital improvements under existing State statutes for that purpose,  without any expression or even suggestion of that intent in the legislation.

    The error of the “poison pill” interpretation of Section 414(b) is made vivid when we consider the distribution mechanism  set forth in ACA 26-74-313, the very provision of the law mentioned in Section 414(b).   Section 313 provides in relevant parts as follows:

    (a) The Director of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter . . .

    (b) Except as set forth in subsections (c), (e), and (f) of this section, any tax collected by the Director . . . on behalf of any county shall be deposited with the Treasurer . . . in trust and . . .     kept in a separate suspense account. (emphasis added)

    (c) Any moneys collected by the Director . . . which are pledged to secure the payment of . . .     bonds authorized by this subchapter shall not be deposited into the State Treasury but shall be deposited by the Treasurer . . . into banks designated by the county . . . and transmitted to the county subject to the charges payable to the State . . .set forth in subsection (d) . . . (emphasis     added)

    (d)(1)  The Treasurer . . . shall transmit to the . . . financial officer of each city and county its per capita share, after deducting the amount required for claims, overpayments, and bad checks . . .

    (d)(2)  . . . (concerns census data).

        (3)  Transmittals shall be made . . . quarterly.  Funds so transmitted may be used . . . for any purpose for which . . . general funds may be used.  (emphasis added) Before transmitting these funds, the Treasurer . . . shall deduct three percent of the sum collected  as charge by the State for its services . . .

       (4) The Director is authorized to retain in the suspense account a balance not to exceed five percent of the amount remitted to the local governments . . . to make refunds . . of overpayments . . . and to redeem dishonored checks . . .

       (5) & (6) . . .  (concerns termination of the tax).

       (7) & (8) . . .  (concerns use of census data).

    (e) & (f) . . .  (concerns tax on aviation fuel).

     It is clear that Sections 313(b) and (c) specifically exclude pledged tax revenues from the fund subject to per capita distribution by Section 313(d).   The “net revenues” mentioned in Section 414(b) can only mean the revenues described in Section 313(d), which excludes pledged tax revenues.   To define “net revenues” as being the gross tax revenues less only collection charges and retentions by the State blatantly ignores the express language of Section 313(b) and (c) excluding pledged revenues from the sharing pool.

    In summary, the “poison pill” interpretation of Section 414(b) cannot stand scrutiny under the rules of statutory construction of the Arkansas Supreme Court.   It is simply wrong, whether applying those rules, or the rule of common sense.   In the end, the rules of the law will be consistent with common sense.

      As to the “authorities” relied upon by the officials claiming the per capita share of any new County sales tax, no legal argument has been put forth by “bond counsel.”   He apparently simply relies upon his reputation, which is undoubtedly fine,  but in this case perhaps not fine enough.  [fn1]   The Attorney General‘s support for “poison pill” sharing is based upon his own self-serving definition of  “net revenues” [fn2] as  including pledged tax receipts, clearly inconsistent with the Supreme Court’s rules of statutory construction.

Conclusion

    Here is an interpretation of Section 414(b) that is consistent with every rule of statutory construction and with common sense: the limitation on use of any additional sales tax over the one-half percent authorized by Subchapter 4 applies not to the gross tax revenues under another statute, but only to the “net revenues” which would be  available to the County’s general fund, i.e., for general government use,  after reserving out the portion pledged or otherwise dedicated to secure or pay capital debt of the County, and deducting the State’s fee and retentions for administration of the tax.

    This construction of Section 414(b) is entirely consistent and harmonious with all the other sales tax and capital improvement financing statutes;  it carries out the obvious legislative intent of Subchapter 4 by causing a county to share any excess general use tax proceeds over the ½% allowed;  it does not make Section 414(b) a “poison pill” for capital improvement needs of any county using a Subchapter 4 sales tax to support general government operations;  it does not nullify or make superfluous any other statute dealing with sales tax for capital financing, and it follows the letter of  Section 313, in particular Sub-sections 313(b) and (c), as called for by Section 414(b): it provides for sharing the “net revenues” after deduction of the State collection charges and retentions and any pledged portion of the gross tax receipts.

    Garland County voters, in particular those residing outside city limits, should reject any jail tax proposal that concedes that any city is entitled by law to a share of the tax proceeds before setting aside that portion of the tax revenues pledged by the County to repay any bonds issued to build the jail.   Such a concession is unnecessary and wrongful.

 #################################

 fn 1: Counsel’s “opinion” on the meaning of Section 414(b) is stated in (at least) two letters, dated July 15 and August 5, 2008, to the former Garland County Judge.  These letters are barren of any legal analysis regarding the meaning of the term “net revenues” in Section 414(b) or how Section 414(b) is reconciled with Sections 313(b) and (c), and merely assert the conclusion that sharing the tax revenues (at gross) is “mandated” by the Legislature.  Also, the record is not clear as to which party to the subject deal - city, county or bond underwriter - Counsel was representing in 2008.  Clearly, there is a conflict between those interests in respect to the question presented.   Perhaps Counsel should declare his flag before his opinion can be given more serious consideration.  Indeed, if Counsel was representing the County maybe the County needs a “second opinion.” 

fn 2: See Attorney General Opinion No. 2010-010.  On the present question of the meaning of Section 414(b), the Attorney General, on his own initiative and in disregard of the rules of statutory construction regarding resolution of an ambiguity, conveniently defines the term “net revenues” in Section 414(b) as meaning the gross tax revenues less only the fees and retentions due the State for  administering the tax.  This “definition” simply ignores, without discussion or analysis, the distribution mechanism of Section 313, specifically Sub-sections 313(b) and (c), which clearly exclude pledged tax revenues from the “net revenues” subject to per capita sharing “in the manner provided in ACA Section 26-74-313.”  It is worth noting that this is the same AG who recently ignored clearly applicable law - specifically ACA 7-5-315(b)(2)(A) - to officially opine (in AGO No. 2010-145) that the Governor need not call a special election and the term-limited incumbent could retain his legislative seat for another full term, after the deceased Republican candidate had won the November general election for the seat.  Perhaps this AG first decides how he wants an issue to be resolved, and then interprets the law to his purpose.   Fortunately, his opinions are not binding on any party or any Court. 

fn3:  See, for example, Rose v Ark. State Plant Bd., 363 Ark. 281 (2005). 

fn4:  See, for example, Sykes v Williams, 373 Ark. 236 (2008);  Sims v Moser,  373 Ark.  491 (2008).

fn5:  See, for example, Routh Wrecker Service v Wins,  312 Ark. 123 (1993).    

fn6:  See, for example, Sykes v Williams, supra, citing Hapney v Rheem Mfg., 341 Ark. 548 (2000).

Local Newspaper Prints Most Absurd Headline Article of The Year                                          November 8, 2010

How absurd can a front page newspaper headline and article get?  Just check out the Sentinel Record Thursday December 23 headline and ask yourself if this doesn’t establish a new low in making news where no news exists.  The headline reads, “Some new officials unaware of meeting at church” with a sub-title stating, “Conservative activist had get-together with soon-to-be office holders.”

Authors Don Thomason and Jim Newsom apparently imagined this to be earth-shaking news but more likely, most readers were left scratching their head trying to determine just what was newsworthy in the article.  For the sake of inquiring minds, let’s examine the possibilities.  1) Was it newsworthy because some people were invited while others were left out?  2) Was it an issue of separation of church and state?  3) Was it an illegal meeting between elected officials because the press wasn’t invited?  4) Was it an attempt to drive wedges between current officials and those newly-elected?

Okay, phenomenal amounts of in-depth research seem to indicate the following:

1)    Some invited while others were not:  The meeting (or meetings) consisted of a speaker, David Barton, who is an author, president of a national pro-family group called WallBuilders (www.wallbuilders.com/ABTbioDB.asp), a Fox News and Glenn Beck guest (plus others), and is a speaker who speaks to over 400 groups per year.  The newspaper paints the guy as a conservative political activist, author, and amateur historian.  Irrespective of who he is, what was wrong with inviting whoever the Tea Party or whatever group was the host wanted to invite?

2)    Separation of church and state:  Barton has been used as a consultant by state and federal officials for historical and constitutional issues.  He is reported to have a library of “tens of thousands of original writings from the Founding Era.”  His library, research, and knowledge may or may not include religious writings or beliefs.  Those in attendance may or may not choose to believe his message.  Many people do believe that the constitution, family values, high morals, ethical behavior, honesty, and accountability should apply to government officials.  The success of Tea Party candidates in the most recent elections proved this.

3)    Illegal meeting of elected government officials: Although future officials attended the meeting, with the exception of two JP attendees, no current officials attended the meeting.  The newspaper seems to suggest that officials cannot attend the same church or other event even to just listen to a speaker.  Oaklawn Rotary club meets weekly and has had 4 or more city directors in attendance including a city manager who was president of the club.  Many members of this club were and are elected officials who did much more than just listen to a speaker. The Garland Good Government Group recently hosted city directors, county officials, and several state officials at a forum where they interacted with the public but the Sentinel Record didn’t think this meeting warranted sending a reporter.  This is either a double standard or someone is selectively crying wolf.

4)    Attempt to drive wedges between elected officials:  It sounds a bit childish to be pointing out who was invited to a function and who was not, implying that some sort of exclusionary practice was imposed.  Apparently, this was not the case but, even if it were, do we not have the right to invite like-minded individuals to any event we choose providing that the event is not a government sponsored public function requiring some kind of legal notification?  The newspaper omits the fact that most of the people mentioned are not yet office holders until they have been officially sworn in.  One must question the motivation of why anyone (other than one childlike city director) would even care.

In spite of the fact that Mr. McCabe’s feelings appear to be badly hurt since he was not invited, the bottom line is that the article was NOT newsworthy at all. 

In the interest of maintaining at least a low level of journalistic integrity, we suggest that next time the newspaper use a more accurate headline and byline such as:

CITY DIRECTOR’S FEELINGS HURT FOR NOT BEING INVITED TO FUNCTION

Complains to Newspaper

    or

CITY DIRECTOR POUTS AFTER BEING EXCLUDED FROM SPEAKING EVENT

Newspaper Forced to Provide Tissues

Update to "Hot Springs Earns Title as Most Dangerous City in America"                               November 21, 2010

This update is posted in conjunction with the August 27 post shown below.  Click here to see the updated GGGG site where it is posted.

Congratulations to Election Winners - Good Ole Boys Shocked                                               November 8, 2010

Now that the election is over and the celebrations are dying down, I wanted to take a few minutes and share some personal observations and thoughts with all of you. First of all, last week's election was a win for every citizen of Hot Springs and Garland County who want open, honest and transparent city and county government. The winners are to be congratulated. Those candidates running for city positions who did not win are to be congratulated for conducting positive, above board campaigns. I am proud of all of you.

I wish that all of you could have been with me at the Election Commission on election night as the numbers started to come in. The place was absolutely packed... mostly with those we have affectionately referred to as good 'ole boys and their associates. I will never forget the expression of stunned disbelief on the face of Rick Saunders as the early voting numbers started rolling in. He was speaking to someone on his cell phone, saying things like, "I don't know what is going on", or "what does this mean"? He soon figured out what it meant.

The election cycle was not without its tragedies. I am referring to the untimely passing of Keith Crass. I did not know Keith before the campaign, but spoke with him frequently during the weeks prior to his death. Keith was a man of principle and honor who will be sorely missed. The greatest honor that we could give him, aside from electing him posthumously to the Arkansas House District 24 seat, would be to elect a candidate of similar values to the seat in the upcoming special election.

My friends, the real work of changing our city only began on November 2nd. Our new mayor is going to need a lot of help straightening out decades of mess. I know that she will do well. It is incumbent upon all of us to assist her in any way possible to clean up and clean out Hot Springs. It will be nice to have the city's business conducted legally and above the table for a change. No more double talk, no more legalese to circumvent or spin state law, no more back room deals, and no more favoritism or nepotism.

The time has come to root out the corruption in this city and expose it to the light of day, backed by a mayor who won't look the other way. I don't care how rich or powerful the good 'ole boys THINK they are... they put their pants on the same way as the rest of us... one leg at a time. The fact is that several of them are jumping ship already, while others are crawling back into the woodwork in hopes of waiting out the storm.

I would encourage the rank and file employees of the city of Hot Springs, regardless of department, to contact this website with any concerns, information, or situations within your department that you believe needs to be investigated. The information will be put to good use. Once again, thank you to all of the voters who declared a new day in Hot Springs.

Brian White, President - GGG PAC 

City Good Ol' Boys Now Set to Take Over Garland County                                                      September 13, 2010

Whoa, we thought we were being vigilant by pointing out the self-serving cronyism of the "Good Ol' Boys" who have run Hot Springs for years and we almost didn't notice that they are now also trying to take over Garland County.  Yep, while we thought they were "on the ropes" fretting about the voters throwing them out in November, they were scheming to add to their ranks and power by planning to take over the county judge's office (and others).  Thank goodness, they tipped their hand by listing their names in an endorsement ad for their county judge candidate on page 9A of the Sunday (Sept. 12) Sentinel Record.  As one knowledgeable Hot Springs native since the days of Leo and Vern put it, "That was an almost complete list of the people who got our town in the shape it's in today."

Those words really rang true.  The listing does seem to read like a "Who's - Who" of Hot Springs' Good Ol' Boys.  A few of the more recognizable names on the list include:  Mike Bush, Tom Daniel, Steve Smith, Eric Jackson, Doug Arnold, Jim Randall, Steve Oliver, Davis Tillman, Bob Mathis, Steve Arrison, Sam Stathakis, Roy Rowe, the McClards, Smithermans, Foshees, Fleishners, Crouchs, Schnippers, and of course - the undisputed leaders of the Good Ol' Boys, John and Helen Selig.  Oh, those other realtor/developer types reportedly linked to dozens of questionable shell corporations were also well represented.  For example: Travis Morrisey, Chris Polycron, the Hurst clan, Rushing-McAdams-Polychron, etc.  We cannot help but wonder if Rick Ramick and Rodney Myers were too radical to be listed or, perhaps, were just out of town when the list was compiled.

Many members of Fifty for the Future were listed including el presidente' Tom French.  Even 'bottleneck' proponents and beneficiaries such as Roger Gipe were on the infamous list.  Some of the chamber leaders and a handful of Good Ol' Boy wantabees were noted such as Buddy Wilson, Chris Chapmond, Mark Curry, Joel Rush, the Woodalls, Thextons, etc.

All in all, we probably should thank these folks for not only exposing their devious plans but by saving us the trouble of preparing a list of the nefarious characters we can remember as the "Good Ol' Boys" after they are thrown out of office come November 2nd.   Oh, there are a couple of questionable names on the list (like the former police chief).  So, just in case you didn't give permission for your name to be placed on the list or you have a legitimate reason why you shouldn't be considered as a Good Ol' Boy, let us know.  We'll note it on this website.

UPDATE (9/18/10):  We suspected it would happen.  So far, four individuals said their names should not have been on the list but only two seemed really upset and none gave permission to list their names.  Makes one wonder how upset they really were.

Hot Springs Earns Title as Most Dangerous City in America                                                      August 27, 2010

For quite some time, we have been aware that the Hot Springs Metropolitan Statistical Area (MSA) has ranked somewhere between 2 and 13 (out of 330) on the list of worst crime rates in the country (click here and scroll to bottom table).  We even knew that several tourist related sites ranked Hot Springs as a "dangerous city" to visit.  For example, one such site, Neighborhood Scout, even allows readers to look at their neighborhood within cities.  On a scale of 1 to 100 with lower numbers being the worst crime and 100 being the safest, this site ranks Hot Springs crime index as a zero (0).  In other words, there are NO other cities in the USA less safe than Hot Springs, Arkansas.  Check it out by clicking here.  Also note that statistics show Hot Springs with 162 crimes per square mile compared to the state average of 3 crimes per square mile and a national average of 49.6.

Other sites to visit are Tumblr (click here), Cha-Cha (click here), Protect America (click here), or GGGG (click here).  All these sites use offense and arrest data from FBI and Department of Justice statistics but city and county leaders continue to say the figures are "wrong."  Regardless of local officials "spin" or outright "fibs," the numbers are factual.  In fact, they were turned in by our own law enforcement personnel and then complied by the FBI.  The bottom line is simple.  Hot Springs has 8,265 REPORTED violent crimes per 100,000 people which leads the nation.  All this in spite of the fact that crime is actually under-reported in our city.  These type facts need to come out.  For example, very few people know that Garland County leads the state in child abuse cases.  Keep watching this site, these facts will be reported in the future.

Oh, one final source that no one disputes.  Go to the library or book store and look on page 321 of the New York Times Almanac, the definitive source of statistics for all cities on the planet.  Yep, Hot Springs is listed there as having the highest number of "serious crimes" in the nation. Click here to see page 321.

Real Reason Local Candidates Are Running For Office Questioned   A guest commentary    April 20, 2010

The City of Hot Springs has a $50 million unfunded police and fireman's retirement time bomb. The State of California has a 1/2 trillion dollar unfunded retirement monster on it's hands. The city of Vallejo, California already has gone into bankruptcy because it can't pay its unaffordable pension and health care obligations, and former Los Angeles Mayor Richard Riordan is making the rounds recommending that the equally strapped city of Los Angeles consider bankruptcy as well.  

Nationwide, taxpayers are now on the hook for a record $59.1 trillion in liabilities. That amount is equal to $516,348 for every U.S. household. Unfunded promises made for Medicare, Social Security, and federal retirement programs account for 85% of taxpayer liabilities. State and local government retirement plans account for much of the rest. 

So with this in mind, lets ask the question, why are our local candidates running for office?

To understand why several of our local candidates are running for office you need to know how the state retirement system works. It is impossible to explain it in exact terms because it is very complex. Just look at APERS online benefit calculator at http://apers.gabrielroeder.com/default.asp or their handbook at www.apers.org/docs/pubs/Contrib_HB09.pdf. When you actually look at those links you will become really confused. So in simple terms here are the basics.

1) Your retirement is based on your highest 3 years pay.

2) You receive a full retirement of about 60% of your highest 3 years average pay after about 30 years of service.

3) Elected officials get 2 years of credit for each year of service.

It is a very common strategy for state employees after a long low paying career to want to become an elected official for a few years to get the 2 years for 1 year credit and a retirement based on 3 years of high pay.

Here are 2 examples:

An employee works for 20 years in a state job earning $20,000 per year, then retires. He might expect a retirement check of around $10,000 per year.

The employee at the desk beside him works the same 20 years in the same state job but then gets elected to a county job for 4 years. His retirement check jumps from $10,000 to $36,000 for the rest of his life because his 3 highest years' paychecks are $65,000.

That means, being elected to a higher paying county job for just 3 years increases your retirement by $26,000 and could equal half to one million dollars over 20 to 40 years of retirement.

So with this incentive or strategy in mind, we need to look at each of our candidates for county offices. 3 incumbent candidates have been labeled double-dippers and their retirement problems have been widely discussed in the newspaper, but the local newspaper has never addressed what the others have to gain if elected. So here is a rough guess as to what they have to gain. Hopefully they will respond with exact numbers so we won't have to guess.

Terry Smith: State Senator Smith worked for the state legislative audit, state parks, and served 12 years in the legislature. A good guess would be that his 3 highest years pay were around $20,000 to $25,000 and that he might currently be eligible for about $12,000 per year in state retirement benefits. After 3 years as Garland County Treasurer, his state retirement would be expected to jump from $12,000 to $36,000 per year for the rest of his life. This is in addition to his social security, Southwestern Bell pension, and Southwestern Bell's additional retirement plan.

Rick Saunders: Rick is a retired school teacher so we are guessing he has a retirement check of $24,000 per year from that job. He has 6 years in the state legislature making around $17,000 per year. A guess would be that he currently would be eligible for only $2,000 per year in APERS retirement benefits. However, after 4 years as Garland County Judge, that could rise to $12,000, $24,000 after 9 years, and $36,000 after 15 years.

It appears that these 2, who as legislators voted on  the state retirement system laws that are very lucrative compared to what is available in private industry, might now be trying to cash in on the system they voted on.  

Kenneth Johnson: Candidate Johnson is assumed to be collecting $24,000 in retirement as a retired firefighter and $36,000 as retired tax collector. Now he wants a $65,000 salary on top of that as county judge.

Larry Williams: Larry, who has built up a substantial retirement will put himself in great shape with a few years as state representative and may get away from pesky questions of how he advised the "double-dippers" and why he didn't tell the public and the quorum court.

There is no insinuation that any of this is illegal, but we as taxpayers are generally not eligible for any type of pension. Our only hope for a retirement check is based on what we can save in 401K and IRA accounts and a maximum of about $20,000 per year in social security.

The question for these candidates should be, How much are you currently eligible for in public retirement benefits and how much will you be eligible for after 4 years in an elected office?

And, isn't this really why you are really running for this position?

If you are offended by these questions, I'm sorry, but it is taxpayer money so we have a right to know. Nobody is asking about your social security check, your 401K, or your IRA accounts. But please tell us how much we will actually have to pay you in taxpayer funds for you to represent us?

City Employees Need Our Help                                                                                                   December 25, 2009

We are blessed this Christmastime in many ways. We live in one of the most beautiful parts of a free country where all citizens have equal rights and equal opportunities. We should always be grateful for our freedoms and liberties and thankful to those who stood up to defend them. It is most disappointing during this very special season to see fellow citizens treated badly and it is now time that we also stand up and offer assistance to those in need of help. We are, indeed, talking about that "lump of coal" our city manager and the Hot Springs board of directors gave to our hard-working city employees. While all of the department heads got hefty raises, the rank-and-file employees got pay cuts. We thank the many city employees who called, e-mailed, or otherwise voiced their concerns. In spite of their unwarranted plight, none failed to wish us a heart-felt "Merry Christmas."

If we take even a cursory look at city operations, we quickly discover far too many chiefs and not enough Indians. This fact is probably most evident in the police department but also applies to all facets of city management. Most citizens would likely be shocked to learn that the entire city usually has only four to six patrol officers on duty which is far below the national average. Sometimes a few more are on radar (traffic) duty or directing traffic for private businesses at our expense but check out how many corporals, sergeants, lieutenants, and captains are (supposedly) on duty. Is there any doubt this fact contributed to Hot Springs having the highest property crime rate (for cities over 30,000) in the entire nation? Now our citizens are facing many hours with even fewer patrol officers and the newspaper reports entire fire stations will be shut down for certain days. Obviously, it is more important to our city directors that the free-spending city managers be rewarded than it is to show any concern for consequences to public safety.

Our city directors and city manager will quickly tell you their actions were based on an "emergency condition" and "hard times" due to reduced sales tax revenues. Do we hear a "Bah Humbug" somewhere? Aren’t there dozens of places where spending could be reduced without taking it out on the low-level employees? How about eliminating Code Red? A Google search indicated this unnecessary and expensive program began in Florida as a telemarketing firm. It appears that once the federal government shut them down, they switched over to being a child finding organization. After discovering there were already Morgan Nick and Amber alert systems, they switched to being an early warning system. Even though this was made known to our directors, they provided these former telemarketers with every water and sewer customer’s name, address, and phone numbers without our permission and over the objections of many. People in Texas, Oklahoma, and other out-of-town property owners now receive unwanted and expensive phone calls at strange hours to inform them not to go in areas where limbs are down or that their garbage won’t be picked up tomorrow since it is a holiday. How many in our city have experienced an increase in telemarketer calls since the city sent your information to Code Red?

In the middle of the city’s perceived "budget crisis," one director traveled to San Antonio at taxpayer’s expense and over $67,000 for additional travel remains in the 2010 budget. Even funding for the sister city program is still in the budget. Huge amounts for software development and maintenance are earmarked to be spent including items such as placing all the city's trees in a database. We guess the database for flowers and bushes has been delayed for a couple of years. Friends of directors and city management are still being rewarded with six figure plus amounts for important sounding items such as "economic development" without sufficient justification that their previous efforts have paid any dividends. In fact, when asked at a public meeting, the "Chief" of this effort refused to name any jobs he has or may bring to our city and flatly refused to name any firm he says he was talking to at present. We have taken the liberty of providing a link to the proposed budget so that everyone can search and find their own exorbitant items which remain in the 2010 budget. Click here to go to the 2010 Hot Springs budget.  Whoops, sorry but it appears the city has removed the budget from their website.  We wonder why.  Bet you do too.

In spite of the city’s "hard times," directors continue to spend millions for expensive out-of-town consultants, attorneys, engineers, underwriters, planners, auditors, bond experts, lobbyists, etc. For example, $3.2 million continues to be paid to an engineering firm for design of a water plant at a location that has been rejected by the state. It now appears that another multi-million dollar expenditure was approved without public comment due to placement as a consent agenda item. Check agenda item 11 on the December 15 agenda. Can you believe the same agenda that cut city employees' pay while raising department heads' salaries included $3,369,913 for more out-of-town consultants? Oh, the agenda hides the amount of money they approved, but you can see it on page 54 of the board packet, well hidden among other consulting contracts, fees, etc.

We have already stated our disappointment in seeing deserving employees get a lump of coal for Christmas while the Scrooges got gold. It is now time that all citizens let their city directors and city manager know what they think of such actions. If the directors remain true to form, they will not give us an opportunity to speak at a board meeting or otherwise make our voices heard but we can demonstrate our concerns at the ballot box in November. Get every city resident you know to register and be ready to vote. How about a New Year’s resolution to take our city back from the self-serving selfish Scrooges? Happy New Year!!

Prairie Dog Town (In Hot Springs?)     A guest commentary                                                           October 7, 2009

There is a cuddly, soft, lovable and somewhat cute animal indigenous to the Great Plains of Colorado called a prairie dog.   Turns out that he is not all that lovable. He builds “Prairie Dog Towns”, undermining the very community that he lives in, causing many a cowpoke to break his neck when his horse fell into the prairie dog town along with the leg of the horse.  With all that, they also carry diseases such as the plague.  Also he is not a dog at all, but a member of the rodent family much like a Rat.  So hated is the prairie dog by the farmers and cattlemen, that they take sport in shooting the little buggers as they pop their little heads out of their holes.  Even arcades in pizza restaurants have similar games in which you try to bop them in the head with a bat.  If you hit or miss, he will go back into his hole and another one will pop up to take his place.

This is the one unique characteristic of the flat-land rat, if you shoot at or hit one of these filthy creatures, one of his buddies will invariably pop his head up to see what is going on.  Strangely enough if they were only smart enough to stay underground, they would most likely remain safe.  The only other way to rid yourself of these dry land wharf-rats is to suck them alive into a vacuum truck much like a septic tank cleaning truck.  Even then you most likely will not get the Head Rat.  Left alone, they are very prolific and reproduce underground and out of site until they start popping back up again. They operate under a hierarchy protecting the main rat.  You might even compare them to a “Good Ole Boy Society”.

By now I think that it is pretty obvious where this is going but here it goes anyway.  Hot Springs operates under the “Good Ole Boy Society”.  Recently a “Civic Leader” was removed from office and four of his buddies held up another “Leader” up to poke his head up and to take his place.  It has became obvious that this, new to our society creature,  had a unsavory past.    Yet another creature with a questionable past is now complaining because the cowboys used his buddies for target practice.  Seems that the only way to get rid of this pestilence in our community is to bring out the septic truck and suck them out of their holes all at one time.  Now comes the problem, what to do with them?

Response to above commentary (10/10/09):

The prairie dog commentary was hilarious but the analogy was absolutely true. We certainly seem to have our share of varmints around here. You are right. It is time to bring out the septic truck and suck them out of their holes. A septic truck seems like the right tool for the job, since it appears that most of these varmints are full of the same thing that septic systems are. The question of what to do with them once they are in the truck is a good one. Here are a couple of suggestions.

1)  Empty the truck into a hazardous waste site, preferably somewhere out of state.

2)  Ship the truck to new York or New Jersey where the contents can be loaded onto a garbage barge and dumped at sea.

3)  Run them through their own expensive wastewater treatment plant so that they can get an up close and personal inspection on the improvements.

Sometimes News is Not News but What is Not News is News                                             October 3, 2009

It is unfortunate that this article even needed to be written but due to the headline in today's Sentinel Record, numerous e-mails, and several phone calls, we had no choice.  Yes, the state ethics commission is investigating an individual's complaint alleging five possible violations similar to those in today's newspaper.  The five allegations as listed in the newspaper are:  1) GGGG (Garland Good Government Group) canvassed his neighborhood for the recall of Weatherford.  2) GGGG voluntarily participated in litigation involving the recall election.  3) GGGG mailed campaign literature and ran radio advertising opposing Weatherford.  4) GGGG erected campaign and yard signs opposing Weatherford.  5) GGGG failed to register as a Ballot Question Committee or political action committee.  Although none of the five above allegations were accurately listed in the newspaper, they are close enough for the public to understand in a general sense.  We will not list any actual specifics due to the fact that such investigations are intended to remain confidential.  Once a final finding is made, the public can be made totally aware of all actual facts.

Those of you who are associated with the GGGG already know that items one through four above are totally inaccurate.  As to item five, you will recall that the state ethics commission told us verbally that we didn't need to be a Ballot Question Committee or a political action committee.  It is disturbing and, perhaps, illegal and unethical that the newspaper and their source chose to not respect the confidentiality of such an investigation.  Except for this denial and comments above, we think it inappropriate to comment further although we really, really wish we could.

The most disturbing thing about today's headlines is that the newspaper thought this was newsworthy.  Even a comment from the alleged source states, "I don't know if they have done anything wrong, but I knew enough to question if they might have."  The source further states, "Maybe the things they are doing are completely within their First Amendment rights, and if so, good for them."  Wow, "might haves and maybes" are sufficient to warrant a front page top headline covering all five columns of their newspaper?  A couple of weeks ago, when the Sentinel Record was notified that the GGGG was hosting a United States State Department visit with six Nicaraguan officials, they didn't even bother to send a reporter.  Obviously, that event was not newsworthy enough for our local newspaper.  The GGGG did cover that occasion and it can be read on their website at www.GGGGNews.com.

Hot Springs a "Second Home Community"   (Guest Commentary by Karen White)       September 18, 2009

Following is a letter sent by a lifelong resident of Hot Springs to each member of the Hot Springs Board of Directors - Tue, Sep 15, 2009. We and many others requested a copy after it was read to the board during the board meeting by her husband. It is a sad but true commentary.

To the Board of Directors:

I want to ask the directors to consider a motion. A motion to table the rate increases to residential customers only.

The businesses and developers say in order to keep growing, we have to increase the rates. I have a serious concern of exactly what is GOING to “GROW” in Hot Springs.

While watching a local morning TV news show last week, there was a report about how Arkansas is recovering from the down turn in housing construction. New home construction and sales in towns near what they call the Metro, which included Hot Springs, are quickly increasing. Of the 10 or 12 Metro areas, Garland County as a whole, stuck out like a sore thumb, we were the only area listed in red. Garland County came in at a negative 23% housing growth, while everyone we are compared to, had tremendous gains.

The explanation they gave for the marked decline in Hot Springs ? Hot Springs is now deemed a “SECOND HOME Community.” In a nutshell, people don't want to live here any more. They want to come here to party, gamble, play on our lakes, and go to the track, but they don't want their families living here.

They go back to their wonderful schools and safe communities, and they use us. The people who own tourist attractions, hotels, and the bars, are the only people who profit from them.

Let those people pay for the increases.

Hot Springs isn't a bunch of strip clubs, bars and restaurants catering to the tourist, it's the people. The people who raise their children and the people who retire here. We can't keep raising the cost of living in a town with nothing to offer but a bunch of seasonal part time tourist jobs with little future. And we can't make it so expensive that retirees go to other states.

We must improve our schools and our neighborhoods and we must not raise utility rates for residential customers, unless we are purposefully and with forethought turning Central Avenue and our town into the Hot Springs “STRIP”

If there is no intention by this board to encourage anything but the almighty tourist dollar, the town so many families call their hometown, is really already gone.

Look at it from a business standpoint. We all saw the reports last week about the school benchmark scores. People who build companies that bring families to town to live , they don't search for stories in local newspaper meant to make us feel like everything's okay. They look at numbers that anyone can get online.

When you pull up the actual report, it doesn't say, “The Hot Springs School District is still doing great things!” it says this year, 58 percent of our 8^th graders don't meet standards in Math, and 61 percent don't meet standards in English, and our drop out rate is at 47% . Look at the numbers for the last several years. We have to attract families to this area, and we do it with our schools.

A huge percentage of the children who attend our schools are eligible for free and reduced cost meals. Those families, the majority of the families in the Hot Springs School district, can NOT afford these increases in their basic needs. Water and sewer are not luxury items. They are not optional.

Finally, our neighborhoods. I live in district 5 between Oaklawn Elementary and Hot Springs High School. Mr. Ramick and other board members drive through my neighborhood now. Go the route my children take to school down Vineyard, Fleet, Leonard, Clark, and Woodlawn. Overpriced dilapidated rent houses, boarded up meth and crack houses, vacant, abandoned, overgrown, homes used by the homeless or the addicts. I remember when it didn't look like this here. A few weeks ago, I watched from my front window, 2 blocks from Oaklawn School as a young man adjusted the hand gun he carried stuck in the back of his pants. This used to be a beautiful neighborhood. This is my hometown and for those of you who have something other than just a business interest in this place, it's your home too.

Find all the leaks before you ask the citizens to pay. Fund the mandates to keep growing, something all the developers say is absolutely vital, but fund them with profits from the only thing that is growing. Fund it from the businesses who profit from the tourists.

A&P Takes "Arrogant" Position, Makes Hypocritical Comments                                        September 5, 2009 

"We feel very confident that we will win before the trademark board. If we should lose that, we will continue to use the logo..." Steve Arrison – Sentinel Record Sept 4, 2009.

The absurdity of the above quotation earned it our selection as “quote of the month.” For Hot Springs' A&P chief, Steve Arrison, to thumb his nose at the decision of the United States Trademark Board speaks volumes about his respect for yet another federal agency.  Arrison's quote is also being used in local circles as additional justification for the rapidly increasing use of the name “Arrogant Arrison.”  While describing those who differ with Mr. Arrogant's position, another of his quotes in the same news article was, “they are just people who want to get their names in the paper.”  This quote came in second to the one selected.

After reading the newspaper and listening to the radio this morning, we learn that Mr. Arrogant and his “want-a-be” A&P board member, Dick Antoine, have dubbed the historic public meeting with the U.S. Secretary of the Interior as a “staged” event that was “ambushed” by “people who want to get their names in the paper.”  It is unfortunate that Mr. Arrogant and his good ol' boy comrades are in positions to influence the good people of our community.  What is fortunate is the fact that our citizens have heard this type blabber for so long that they are beginning to become skeptical and, thankfully, most in our community are a lot more perceptive and intelligent than Mr. Arrogant and his cronies give them credit for being.

The historic meeting's first speaker from the audience was president of the highly political chamber of commerce having recently announced filing as the only city chamber in the state to have its own PAC (political action committee).  The chamber president attempted to set the tone of the meeting by pointing out that he had several “supporters” of Mr. Arrogant’s position with him in the audience.  It may be worth noting that Mr. Arrogant’s wife is a senior staff member of the political chamber.

Irrespective of what our so-called leaders tout as an "ambush," the truth of the matter is relatively simple to ascertain.  The U.S. Secretary of the Interior, Mr. Ken Salazar, revealed that he met privately with Mr. Arrogant and our mayor the evening before the public meeting Thursday (Sept 3, 2009).  Mr. Arrogant and his Little Rock attorney were the primary culprits who made a strong effort to take over Thursday's public meeting.  In fact, Secretary Salazar finally had to tell the A&P attorney (Mr. Speed) to “sit down” and give someone else a chance to speak.  Obviously, those few people who dared to offer an opinion that differed with Mr. Arrogant quickly earned his disdain and have now been described by him as “people who want to get their names in the paper.”  How arrogant and hypocritical is it that Arrison sticks around to be interviewed by the newspaper while the people he chastises as “publicity seekers” leave or decline to be interviewed by the media?

It is true that two Garland Good Government Group (GGGG) officers spoke at the meeting as did two members but even these people did not all speak on the logo issue.  In fact, the GGGG officers did not even mention the logo dispute or Superintendent Fernandez. Two pastors spoke opposing the A&P being allowed to use the name “Hot Springs National Park” in conjunction with promoting non-family, non-wholesome activities such as gambling.  A former National Park Superintendent and Regional Director spoke opposing the A&P as well as a lady and a gentleman seated behind her who voiced their support for the current superintendent.  Even if we assume Mr. Arrogant and Mr. Antoine are correct and consider that all of those eight people were part of a “staged” event, those speaking for much longer periods included three members of the A&P Board, two A&P attorneys, two members of the Downtown Merchants, the city manager, Mr. Arrogant himself, and a couple of the city’s good ol’ boys.  A total of twenty audience members spoke (see list below).  If that doesn’t sound like a balanced “public” meeting, it is because it actually was not.  You had to have been there to see that four A&P members, one of the A&P attorneys, the mayor, the city manager, and the city attorney were seated in the first couple of rows which were “reserved” for them.  If this meeting was “staged” or “ambushed,” who do you think staged it?  Could it have been the A&P and the city’s good ol’ boys?

There were members of the general public who sat and stood in the back that did not speak.  However, their voice was heard when they collectively “booed” the A&P’s Little Rock attorney on a couple of occasions when he refused to answer Secretary Salazar's questions and their applause was also heard every time Park Superintendent Josie Fernandez was praised.  In fact, when first introduced, Congressman Ross, National Parks Director Wenk, Senator Pryor, and even Secretary Salazar did not get as much applause as did Superintendent Fernandez.  One of the GGGG officers went so far as to point out that Secretary Salazar’s reference to “the wishes of the community” may be different than what Hot Springs’ leaders were telling him.  Oh, one final interesting point of note: The mayor got up and was walking out of this historic meeting when Secretary Salazar told him to return to his seat.  How rude is it and how embarrassing is it when our chief elected official tries to walk out on our U.S. Congressman, our U.S. Senator, our Director of National Parks, our National Park Superintendent, and the United States Secretary of the Interior while he is speaking?  We offer our humble apologizes to you gentlemen and lady.

Speakers: US Congressman Ross, US Senator Pryor, US Secretary of Interior Ken Salazar, Chamber President Byerly, GGGG Member Anabel, A&P President Arrison, A&P attorney Speed, GGGG President Burhenn, GGGG Chair Driggers, Citizen Steplock, Pastor Carney, A&P Chair Moore, A&P and City Director Daniel, City Manager Hudnell, County Judge Williams, A&P and Downtown Merchants member Harper, GGGG member Hedrick, A&P Attorney Hickam, Merchant Tillman, Businessman Gallas, Pastor Jones, Citizen Silverman, Retired National Park Regional Director Castleberry.

The Dead Cat   (Guest Commentary by Ted Burhenn)                                                             August 28, 2009

Once upon a time a long, long, really long time ago, a boy named Lance had a pet Cat named Fluffy.  While playing in the street one day, a Lady from the City drove along and ran over Fluffy.  Seeing that Lance was deeply hurt, the Lady gave him $50.  Lance thought to himself, “This is a pretty good deal. “  He called his cousin Steve.  They tied a string to Fluffy and proceeded to drag that dead cat back and forth all day collecting $50 every time.  Then they took Fluffy into the County and started collecting $75 every time someone ran over poor dead Fluffy.  Question is, “how many times are we going to have to pay for that dead Cat?"

The proposed utility rate hike is like that dead cat; we have paid for it before.  We were told that in order to expand our production, we would have to increase our “Impact Fees”.  In order to pay for the storm water runoff problem, we would have to levy a TAX/FEE of $3 dollars each month.  Kent Myers and Don Cochran orchestrated a rate increase by convincing the City Board of Directors that it was harder to pump water and sewer from the county to the county than to it was to pump from the county to the city and back.  (Actually that study was done in California and the names were changed to Hot Springs.)  They used a phrase, “It is generally accepted that the rates in the county should be 50% more than the city.”   Boy, are they getting some mileage out of that cat.  How about, “It is intuitively obvious to the most casual observer?”  Means nothing, no basis, just phraseology, but it IS a fresh cat.

Out of about 30 “Justifications” for raising the rates (two or three times the present rate) most of which we have already paid for in other rate increases.  Remember all those Public Meetings last month on the proposed location (Carpenter Dam) of the new water treatment plant?  It’s still in there.   The city was notified by the Health Department by a June 3, 2009 letter that the selected location was not suitable because it did not it did not represent the best possible source of drinking water.  Yet Lance and Steve continued to drag that cat back and forth and even throwing in a “Meow” every once in awhile.  By the way, that study who's only redeeming value was to determine the worst possible place to put a water treatment plant cost you, the rate payer, over $3 million.

Oh, before I run out to feed my cat, one of the items on the wastewater justification is the replacement of utilities in conjunction with the CITY’S re-pavement program (cost $550,000 per year or $2,750,000 until 2013 at which time they will drag the cat again).  So aren’t we in the county the lucky ones?   We get to pay 1.5 times as much to pave the city’s streets.   Of course if we have a pavement program in the county, we also have to pay the city to move the utilities.  Enter the Dead Cat on South Moore.  Even thought the State pays for the bridge and the county pays for the utility and easement rights, the City includes $600,000 for this project in their wastewater cost justifications.  Seems to me the boys have just drug out yet another expensive Dead Cat for the ratepayers to pay.  

Let’s do the right thing and bury Fluffy.

What is the Real Story About Hot Springs Water?                                                               August 16, 2009

Proposed New Waterworks: Here We Go Again? (Guest Commentary)

August 3, 2009

Ethics 101 Class Given to City Board Members

April 5, 2009

The last city board meeting was a total embarrassment to the citizens of our fine city.  Most citizens have previously witnessed rude and unwarranted behavior by the mayor and city directors directed at those unfortunate citizens who dared to speak to our city board.  Many citizens have even witnessed childlike behavior by the mayor and some directors toward other members of their own board.  Although previous meetings have included expletives and really bad behavior, those encounters paled in comparison to the March 24^th city board meeting.  DVDs of this circus can be purchased from the city public relations department for $1 making this an incomparable entertainment value.

Only a handful of citizens attended the March 31^st city board agenda meeting and only three stayed over for the city board workshop meeting which followed.  This meeting was most amazing because our city manager and city attorney, at great risk to their own continued employment, demonstrated a great deal of character and nerve by informing the board that their last meeting was “an embarrassment” and admonishing the very board they work for. These were proud moments.  Unfortunately, except for those three citizens, only a few city employees witnessed these proud moments.  The city’s television cameras were off and no reporters were in attendance.  Fortunately, one citizen had a pocket recorder so we do have a record.  Also be advised that we are asking for a copy of the presentations made by our city manager and city attorney so that the public can view it when it is published on the website www.HotSpringsTalk.com.

All citizens of our community will likely take great pride in these two gentlemen when you hear or read the overdue messages they provided to city board of directors.  Our task now is to make certain that our juvenile behaving board members accept the messages without their typical loud-mouth responses or attempts at retribution.  Remember, this board just fired every member of three important city boards because they didn’t like what those unappreciated, hard-working, volunteer citizens were saying.  Hopefully, the public won’t allow them to fire our city manager and city attorney for finally pointing out some of the board’s painfully obvious misdeeds.

If you have an opportunity, tell our city manager and city attorney how we citizens admire and appreciate them for taking such a risky step in their attempt to convert our juvenile mayor and board members into actual representatives of the people rather than continuing to serve their friends and special interests.  The true meaning of “conflicts of interest” and the lessons in Ethics 101 that they provided to our city board was very well done although somewhat past due.

A Test to Determine if Your City Leaders May be Corrupt

February 25, 2009

Your city leaders may be corrupt if:

Your newspaper headlines show daily murders, robberies, and thefts but your leaders say that crime is "not a problem" here.

Your leaders state that unfavorable FBI reports, state crime reports, and even city crime records are wrong rather than taking steps to reduce crime.

Your elected officials abuse their travel privileges by vacationing in Disney World, Vegas, Reno, New Orleans, Washington D.C., and Japan several times every year at taxpayer expense.

Your leaders continue to push for more new taxes even though your city already has the highest per capita taxes in the state.

Your police department has internal cliques involved in cover-ups, under reporting of actual crimes, improper fraternization between officers, unwarranted and unqualified promotions, and consequently, way too many Chiefs and not enough Indians.

Your oversight committee members such as civil service boards have business partners, sons, and other family members on the very departments they oversee.

Your leaders openly and blatantly modify ordinances and referendums to rename "taxes" so that they can be referred to as "fees" thus deceiving the public as to their actual tax bite.

Your leaders want to enforce restrictions outside of the city so they can collect additional "fees" and enhance revenues but treat non-residents with disdain and rudeness.

Your leaders cover-up or misrepresent tax schemes to deny votes or voices of their citizens with catch phrases such as, "It’s for the Kids."

Your leaders hire six laws firms in addition to the city attorney to fight a handful of citizens who petitioned to allow the public a vote on taxes, all at the taxpayer’s expense.

Your leaders who approve spending your tax money are constantly in court due to non-payment of personal debts and some have taken bankruptcy several times.

Your leaders more than double "fees" and permit costs for businesses, developer, etc. who wish to build or renovate properties.

Your leaders constantly increase the amount of "red tape" a business or industry must go through in order to do business in their city thus discouraging economic development.

Your leaders put several "mom and pop" restaurants out of business by imposing ridiculous restrictions such as "grease trap ordinances" which require grease traps even for restaurants that do not use grease such as pizza places.

Your elected officials chastise each other and any member of the public who dares speak up at city meetings.

Your leaders hold multiple "special elections" for pet spending projects because allowing the issues to be decided during general elections usually results in those projects being defeated.

Your leaders manage to close all normal polling places during special elections and hold a poorly advertised election at a location convenient only for the proponents.

Your city attorney fails to prosecute all offenses committed by elected officials.

Your leaders have records of wrong-doing by other leaders shredded.

Your leaders are found guilty of violating multiple state laws and regulations but nothing is done about it.

Your leaders admit guilt to ethics violations which requires removal from office but they don’t get removed.

Your leaders consistently place items on official agendas, discuss, and vote on issues and items that are clear "conflicts of interests" often even when such items are pointed out.

Your leaders use your tax money and hire multiple expensive attorneys to any fight litigation you may bring against them.

Your leaders are constantly looking for ways to increase your taxes but do almost nothing to cut their own budgets.

Your leaders propose to build new expensive city halls and other structures rather than maintain the one they currently have.

Your leaders impose "off-the-wall" fees and taxes such as "assembly taxes" for restaurants, fees for sending fire trucks to fender benders, storm-water run-off fees added to water bills, etc.

Your leaders threaten, intimidate, or hint that you or your business could be targeted if you don’t support them or speak out about their unscrupulous practices.

Your leaders lie or otherwise mislead you on issues to keep you from opposing their providing favors to special interests.

Your leaders refuse to allow the public to speak at public meetings by providing no "public comment" section and limiting opposition comments on items to be voted on to three minutes.

Your leaders consistently "waive the rules and read by title only" rather than allow the prescribed three readings which means that items are approved or denied before you know what was voted.

Your city directors consistently "waive competitive bidding requirements" rather than only during emergency conditions.

Your leaders don’t hesitate to install special stop signs or speed humps for elected officials even when policies and traffic studies prohibit them.

Your leaders install safety hazards against the wishes of the public which restrict traffic flow, impede ambulance, fire, police, and sheriff vehicles while bottlenecking tourists and residents.

Your leaders misuse their position to hire or contract to friends, relatives, or the "good ol’ boys" who run the city.

Your leaders use code enforcement and law enforcement officers for their own selfish and self-serving purposes plus cost free traffic control and security for selected businesses.

Your leaders use an already to small police department as a courier service for elected officials.

Your leaders and their "good ol’ boy" friends refer to local organizations that print the true facts about their actions as "negative" or "aginers."

Your city directors fire all members of up to three volunteer boards at one time whenever those boards deny special treatment to director’s friends and relatives.

Can you imagine city leaders really expecting the public to believe their ‘spin’ if they state that the "public doesn’t understand" the reason for firing all members of several volunteer boards was not to get rid of opposition but rather, to reorganize and establish "term limits?" Would their ‘spin’ ring true if their first reported appointment to a planning commission was a realtor/developer who had already spent more time on that volunteer board than any other living person? Would their spin ring true if the appointed realtor/developer and his partner have obvious conflicts somewhat akin to appointing a developer "wolf" to watch the planning "henhouse?"

Could you fathom city leaders bragging about "improving" the diversity of a historical commission by appointing two architects from the same firm or would you wonder if this could be another "conflict of interest" if one of them was a former "good ol’ boy" mayor?

If any of the above hypothetical situations exist in your city, your city leaders could be corrupt.

Taxpayer Money Being Used for Political Purposes?   (a guest commentary)

January 5, 2009

The chamber’s request for funding [at city board meeting Jan. 6, 2009] should certainly not be granted until questions are answered concerning the propriety of the city (and county) funding an organization that, for example, 4 years ago performed a mailing in support of Tom Daniels campaign and more recently, has been involved in numerous political activities and now, indicates that it plans to form a PAC. It is unacceptable that the city is considering funding an organization that is becoming increasingly a political organization. Although many chamber activities are worthy, political meddling is not a proper use of the city’s funds. Such use of tax money is likely illegal. 

Copies of audited financial statements of the chamber’s entire operations should be first obtained by the city and also made available to the public. Copies of such statements for the last several years may well indicate several questionable and/or illegal uses of public funds. Note the following city requirements with which the current chamber requests appear to not be in full compliance. 

2-5-8. Funding criteria - Outside agency contracts.

The following criteria shall be considered for an award of contract and receipt of funds from the city of Hot Springs.

(a) Requests shall be received in the office of the city manager by January 15 of each year.

(b) The city manager will prepare a summary report on each proposal and present to the board of directors each February for annual funding.

(c) The request must comply with the Arkansas Constitution (Article 12, Section 5) which states:

No county, city, town or other municipal corporation shall become a stockholder in any company, association or corporation; or obtain or appropriate money for, or loan its credit to, any corporation, association, institution or individual.

(d) The services or activities to be performed must be services or activities of a legitimate governmental nature (services which the city might otherwise choose to perform from its own resources).

(e) Any agency considered for funding must: (1) Be of a non-profit nature and controlled by a board of directors, the majority of whom must reside in the Hot Springs/Garland County area.

A list of the names and addresses of the board of directors and executive director shall be submitted with the application for funding.

Supplement No. 29 Title 2 ? Page 14.1

HOT SPRINGS CODE 2-5-8

PUBLIC FINANCE

(2) Provide, with their request, evidence of an accounting system which documents their ability to operate in a financially sound manner;

(3) Provide an audited financial statement within four months of the close of their fiscal year for any year in which city funding is received. The name and address of the agency’s external auditor must be included in the request for funding along with a statement of intent and ability to comply with the audit requirement; and

(4) The request must clearly state the services or activities to be performed by the requesting agency on behalf of the city with the funding requested.

(f) Funding for outside agencies shall be divided into two budget categories; economic development agencies and other non-profit agencies as follows: (1) Economic development agencies shall: a. be considered based on an ability to produce new or retain current jobs or offer other economic impact in the Hot Springs/Garland county area; b. be funded from year to year at a level to be established by the board of directors; and c. shall have priority over other agencies in the allocation of budget funds.

(2) “Other non-profit agencies” shall: a. be considered based on a demonstrated benefit to the community and to the taxpayers of Hot Springs; b. use city funds for the provision of direct programs or activities and not for administrative or maintenance costs; c. not be funded in an amount exceeding 25% of the organizations total budget; and d. not receive more than 25% of the total funds budgeted for this category. (g) All agencies receiving funding from the city of Hot Springs shall be subject to the Freedom of Information Act.

Title 2 ? Page 14.2 Supplement No. 29

*Where Have All Our Leaders Gone?  -   A Commentary by Lee Iacocca

December 27, 2008

Reflections  -   A Guest Commentary by Ted Burhenn

December 11, 2008

Have you ever stood in front of a mirror?  You can see where you are and that which is behind you, but you can’t see where you are headed.  Perhaps the City Government should pause for a moment and gaze at the “Looking Glass”.

For a decade and a half, we have basically been under the control of a City Manager.  We should not have to give praise for the things done right because that was expected, nor should we levy blame for those that went wrong for that no longer serves any purpose.  We would be amiss however if we didn’t reflect on what we might have done better. 

Areas where we fell short were in the downtown renovation.  The Baptist hotel and others are still in the same shape of disrepair as they were 15 years ago.  Could we have done better?  I hope so.  Our neighborhood services, (code) has been busy dragging our citizens to court for overgrown grass while literally a hundred flat tires in one parking lot exist on Central not to mention the broken glass.  While trying to fix the mole hills we have forgotten the mountains.  It is no longer a tool to improve the community.  

We watched as the Fiber Optics Park wasted millions of dollars so a few politicians could benefit.  We were so embarrassed that we even changed the name.  We had great expectation on the Parking Garage only to find that it didn’t generate enough revenue to pay for the maintenance. One of the most flagrant projects was the bottle neck serving a few merchants at the expense of the masses and endangering the lives of the citizens.  Did they really have the best interest of the citizens at heart?   

For those who have not seen the latest Hot Springs Strategic Plan, you are in for a treat.  It is 10 pages (some less than 1/4^th typed) of back patting that would not have received a D- at sixth grade level.  A Strategic Plan should consist of ambitious yet achievable goals with a realistic path to success.  An example would be an increase of 15% in light industry by contacting and offering tax incentives instead of advertising seasonal promotions which only create seasonal jobs. Maybe we could offer the industries space at Fiber Optics Park at reduced rates.  Instead, our Strategic Plan is a verbal description of the Valley of the Vapors and the mountains. 

And where is our budget headed?  Hot Springs has one of the largest budgets per capita in the state, the largest hamburger tax and one of the most serious crime rates in the nation.  Yet when we had a chance to build a new jail, we allowed greed to take over and add fire stations, radios and general fund increases.  We needed the jail and we need to man the jail. All the money collected by a new tax should go in support of the new jail. This should be about need, not about want.  END OF STORY.

Yet the past week we heard from our departing City Manager.  His greatest disappointment was the failure of his annexation plan.  City Managers should be about enforcement of policy, not the creation of policy.  Annexation failed because the County Citizen did not want a “more wasteful” form of government to tell us how to do it “Right” while The City was doing it “Wrong”.  There was a negative reward policy; increased county water and waste water rates to make it look bad to live in the county instead of making it look better to live in the city.  The City has to realize that development within or outside of the City is good.  We all buy most of our goods and services within the City anyway.  Good for business, Good for Sales Taxes, Good for the City Budget, Good for County Government, basically Just Good Government.

Yes it is time to reflect on the “Good, Bad and Ugly”.  Keep the Good, fix the Bad and throw out the Ugly.   Review the reinstatement of the Water and Waste Water Commissions.  Review the reinstatement of the Mayor/Alderman form of Government.  Reduce the budget, build a jail, reduce crime, increase jobs and listen to the people.    If every Director, Justice of the Peace, Mayor and Judge would only pick one item to fix that went wrong in the past decade and a half, think how many improvements would be made during the next year alone.

But alas, Dorothy, we are not in Kansas anymore.

Misrepresented Sales Tax Defeated                                                                                   September 12, 2008

Thanks to the voters of Garland County who used facts presented here and elsewhere to make an informed choice, we are not now straddled with a perpetual tax that the politicians can use as they please.  We feel strongly that the public voted properly in spite of, or perhaps because of, the deception, withholding of facts, and outright untruths fed to us.  However, we cannot celebrate while we still have a high crime rate, a "revolving door" jail, and poorly paid public servants.  We must all work together to solve these problems.

We have been told by members of the Garland Good Government Group that they intend to provide a forum for public input.  We would like to join them in their efforts so please e-mail us with your thoughts on where a new jail should be located, how big, how lavish, and how it should be operated.  Give us your ideas on public safety including PIT (prevention, intervention, and treatment) programs.  Please share whatever expertise or recommendations concerning public safety issues you may have and also join the Garland Good Government Group at their future meetings.

Your humble correspondent feels that the county should NOT share any taxes with the city and, in fact, should not allow the current "tax and spend" city politicians to have any influence in its design, construction, or operation.  Irrespective of what we were told, state laws provide for counties to own and operate jails and provide funding methods that do not require sharing of taxes.

We have left posted the unbelievable information about the "Jail Tax" election on the "Commentary" page and the Digital Radio Expert submission on the "News" page.  We note that topical information and Jail Tax News is at www.jailtax.com concerning the new radios for our police and sheriffs departments.  To be fully informed, you really need to click on "Digital Radio Concerns" at the top of the page and view the videos listed there.  Also check out www.spacityvoice.com for interesting articles.

Local Newspaper Becomes Biased and Officially Adopts City Leaders Positions                 August 30, 2008

Yesterday's stories regarding the petition drive allowing the public a vote to reduce the A&P tax appeared to be somewhat slanted but today's Sentinel Record editorial should leave no doubt in anyone's mind that our local print media has totally ceased being an unbiased, responsible journalistic organization.  We are cutting the newspaper a bit of slack here because many locals tell us that this paper has always been biased.  When the newspaper refused to publish our "letters to the editor" we thought to ourselves that this was somehow not right.  When the same newspaper refused to print our paid advertisements even though we provided documented proof of their accuracy, we knew this was not right.  Today's editorial should send a strong message to the public as to the painfully apparent lack of objectivity of this paper.

Some of today's comments disguised as corrections contain elements of truth but even that truth stops short of telling the complete story.  For example, the A&P tax was, indeed, once voted on by citizens of Hot Springs.  However, it should have been noted that the A&P tax was created and later increased by the Arkansas legislature with no vote allowed by the public.  The only time our citizens received a "right to vote" on this issue resulted from a lawsuit which the city lost and then had no choice but to allow that single vote.  The legislation authorizing the A&P tax has no sunset clause, no periodic review or provisions for the public to vote, and no legally required reporting or accountability.  Various groups have attempted to amend the law but the Arkansas Municipal League successfully lobbied committees and killed most of these attempts.  Those bills that actually survived committees were fought by the Municipal League and lost by floor votes in the legislature.  The Municipal League has already announced that they plan to add another cent to the A&P tax during the next legislative session.  Most likely, the item will be initially disguised as new taxes for public parks.  Perhaps you should speak to your state representatives and senators about this.

But back to the objectivity of our newspaper.  Do you recall how numerous persons were trying to tell the public how the Mid-America Science Museum vote was not really about the museum at all?  In fact, the promoters (which appeared to include the newspaper) went a step further and promoted the issue as being "For the Kids."  They also asked that all polling places be closed except for a location with no listed phone number or postal address.  On top of this, they made it yet another "Special Election" so that a larger percentage of those people voting would be their allies and those who they had convinced the issue was really about the museum or the "kids."  This apparent deception worked because the issue passed by a margin of 3 to 1.  Okay, surprise, surprise, yesterday's news article finally quoted the city attorney as saying that the petition to allow the people their right to vote may be rejected because the funds may be encumbered (by the election).

This was the message that many of us unsuccessfully tried to get to the people.  THE ELECTION WAS ALL ABOUT ENCUMBERING THE A&P TAX SO THAT THE PEOPLE COULD NOT EVEN PETITION FOR THEIR RIGHT TO VOTE ON THE ISSUE.  The election was never about the museum or about the "kids."  Why else would the A&P encumber $50 million to $60 million for a project costing less than $1 million?  Why else would the A&P exaggerate the need, the cost, and the urgency?  Why else would the A&P not use some of the $3 million plus they already had on hand for this minor project?  The good 'ol boys should be careful because the apparent schemes are beginning to become unraveled and much more obvious.  Even you 'objective' folks at the newspaper may want to reconsider who you are getting in bed with.  Yep, that includes the highly paid A&P executives who you allow to demonstrate their professionalism by using words like "crap" in your news articles.

Politicians and Leaders Deceiving Public?                                                                          August 6, 2008

Have you heard the slick radio commercials or have you ladies gotten a copy of the really slick postcards asking, "Do you want a safer Garland County?"  Most of us already know that our city and county leaders are in favor of the so-called, "public safety" tax because they are the ones who will spend the millions generated from the new tax.

Now sit yourself down and get a grip before you read further.  Okay, we hope you are ready for this.  The group behind the current media and mail advertising are the same people who will benefit from the tax.  All of the membership are current or former elected officials or they are currently on the payroll of the city or county.  "Not possible," you say?  Check with the Arkansas Ethics Commission and you will find the following information:

Name of Ballot Question Committee:  Committee for a Safer Garland County

Committee Officers and Directors: 

Co-chairman - Michael Wright (president of Lodge #26, Garland County Sheriff's Department)

Co-chairman - Joseph T. Williams (president of Lodge #1, Hot Springs Fraternal Order of Police)

Treasurer - Paul Bosson (former Garland County prosecuting attorney, now a member of Civil Service Comm.)

Secretary - Larry Williams (current Garland County Judge)

Member - Larry Sanders (Garland County Sheriff)

Member - Ray Owen (JP, member of Garland County Quorum Court, chair of county finance committee)

Member - Bobby Southard (Police Chief, City of Hot Springs)

Member - Jason Lawrence (Courts Director paid by city of Hot Springs and Garland County)

Click here to see the Arkansas Ethics Commission Forms with the above data

The primary question you likely have is WHY?  Why would public officials and employees disguise themselves by using a committee name instead of using their own names?  Have you ever heard the term, "follow the money?"  The county's existing half-cent sales tax produced $7.561 million for 2007.  At current rates of increases provided by the state, this amount will equate to over $302 million over the 20 year jail bond term.  This means that even if you add the $34 million jail to all of the other proposed purchases (communications equipment, resource officers, fire-stations, etc.) there is still approximately $250 million left that is unallocated, sometimes known as "PORK."  What could be worse that we aren't being told?  The extra pork they are asking for now becomes 100 percent "PORK" at the end of 20 years because the tax never ends.  You also are not being told that both the city board and county quorum court refused to allow an amendment which would prevent the city and county from reducing their existing contributions to "public safety" expenses.  This effectively allows them to free up the millions currently being spent for "public safety" to use as they see fit.  The city directors can already taste that new city hall.  County leaders have already announced that they will use some of it for "raises for everyone." 

How To Tell When Your Politicians and Leaders are "Out of Control"                                 July 24, 2008

Have you ever thought your city or county leaders had totally lost control and forgotten why they were elected or hired? We have noticed some disturbing trends that seem to be worsening rather than getting better and decided it was time to list some of the tell-tale signs to watch for. Most citizens of our area will likely already recognize many of the following indicators.

You know, logic would tell us that all of these things surely could not have happened. Perhaps it was just a really bad dream. Boy, it sure did seem realistic there for awhile though, didn’t it?

City Board Members Exceed Authority Yet Again                                                                      July 17, 2008

Today, one of your editors again witnessed a horrible injustice which again involved our city board members.  The owners of the Toy Store downtown were inundated by the Central Avenue flood and went through a difficult and expensive struggle just to get back in business.  They spent thousands of dollars in their effort including over $6,000 for a new awning which was ripped by wind during the storm.  It appears that the Hot Springs Historical Commission had told the owners that the awning did not meet the commission's current criteria but two city directors told the owners not to worry because this would be overturned on appeal.  Mr. Tom Daniel admitted at the meeting to being one of the city directors who told this to the toy store owners.  Apparently, the other director was Mr. Carroll Weatherford since he was the only other city director at the meeting and both directors sat in front of the audience.  Once it was pointed out that the Historical Commission could not reverse itself without unanimous consent of the commission (which failed by voice vote), Mr. Daniel proceeded to express his disappointment with the commission.  Following his rather loud berating of the commissioners, the commission chairman pointed out that if he (Mr. Daniels) had not given incorrect information to the toy store owner, there would likely be no violations and there would be no meeting today or need to consider rehearing the application for the non-compliant awning. Dozens of downtown merchants were in attendance to show their support for the toy store owners.  Unfortunately, the commission could not re-hear the case without a unanimous vote of the commission and one of the members refused to vote to allow this.

This is yet another example of city directors improperly misusing or abusing their authority.  Most citizens know of numerous cases where our current directors have overruled the city staff, planning commission, and others who abide by the rules or applicable laws.  There is simply no justification for directors to tell people to ignore city ordinances, laws, or findings of our various commissions.  Apparently, these two directors thought that they would have no problem in, once again, overruling a commission.  The directors apparently did not know that the appeal process for overriding this particular commission is through the courts.  It is unfortunate that their lack of knowledge did not keep them from giving incorrect and improper advice.  Hopefully, the owner of the store who relied on the director's advice as being accurate will file suit to recover the cost of their, now useless, $6,000 awning plus thousands more in legal expenses.

Based on numerous disastrous experiences perpetrated by city directors including the one witnessed today, we would strongly advise all businesses in our city to not trust any advice given by our current directors.  We also recommend that they help remove these directors from office so they don't continue such harmful and expensive practices.

First-Hand Commentary on June Bond Election                                                                      April 8, 2008

As some of our readers have already noted, last night's city board meeting proved to be yet another meeting where the primary issues were already decided.  It is most unfortunate when important agenda items have already been decided based on inaccurate or misleading information.  For this reason, several individuals subjected themselves to the anticipated rudeness, name-calling, and put-downs from our city leaders and the "good-old-boy" spokesmen who are always allowed to speak last without rebuttal whether or not they signed up to do so as regular citizens are required to do.  The city board voted unanimously to have a special election on June 10th to approve allowing a $1.2 million bond issue for life-safety (fire alarm), heating, ventilation, and air-conditioning (HVAC) improvements.

The problem is that nowhere near that amount is needed for those specific improvements.  We attended the most recent A&P Commission meetings, a Mid America Science Museum board meeting, city workshops, and city agenda meetings to see if we could find out why the costs were so inflated.  No itemized list of the costs were ever provided at any meeting and, with one minor exception, we were not allowed to speak.  At the joint meeting of the A&P and museum boards, the president of an engineering firm hired by the A&P stated that the proposed funds included replacing inefficient T-12 type lamps with efficient T-8 lamps even though this work was done a couple of years ago.  The A&P director and the local newspaper continue to address non-existent safety issues.  The HVAC equipment was purported to all be 30 years old and the justification for so hastily making such inflated expenditures appeared to be based only on flippant statements such as, "it could fail at any time" and "interest rates could go up."

Since there was so much  missing information and misinformation prevalent, we decided to perform our own investigation.  This consisted of examining the actual HVAC equipment and copying the nameplate data, capacities, etc. plus analyzing the condition of each piece of HVAC related equipment.  During the field investigation, we discovered that the air conditioning chillers, cooling tower, and VFD equipment are only 8 years old and are working perfectly.  We then interviewed the museum maintenance staff, several HVAC experts, HVAC equipment manufacturers, and HVAC sales personnel.  In view of the fact that no itemized expenditure list existed, we developed our own.  This list (click here to view) indicates that if the museum replaced everything they could wish for, only $165,500 would be needed.  The list was provided as a handout to the city board prior to their vote.  We also pointed out that we had representatives of HVAC equipment manufacturers and financing experts in the audience who could answer any questions relative to  equipment needs and costs.   It was ironic to have the museum operating board chairman state, "I'm an architect .... it must have been several years since you have checked prices on such equipment."  The fact is that it had only been a matter of minutes since HVAC manufacturer's representatives had provided us with the price of an entire state-of-the-art HVAC system for a new facility much larger than the museum.  The cost for the total system was less than half the cost figures being used for only partial replacements at the museum.

We fully expected the information provided to the city board to be ignored and were not surprised by their unanimous vote to allow the A&P their requested election.  No board member can now say, "I wish you would have told us."  Our conscience is clear because we presented the facts and even challenged the board to not take our word for it but simply postpone their votes until they could find out the facts for themselves.  We've been here before, having this same board ignore logical requests.  We'll likely be here again for so long as we continue to be represented by these elected officials.

Who or What is CodeRed?                                                                                                          April 1, 2008

Thanks to one of our readers for the following information as to Who or What is CodeRed, the group with which the City of Hot Springs is apparently determined to contract with to provide an early warning system and other call-up notifications.  As always, we simply post the information so the public can do their own research and determine whether or not this is a company the city should consider doing business with.

http://www.ftc.gov/os/caselist/0523025/0523025.shtm

FTC Seeks End to Telemarketer’s Practices
Automated Calling System Leaves Millions Of People Hanging
http://www.ftc.gov/opa/2006/01/broadcastteam.shtm

UNITED STATES OF AMERICA, for the Federal Trade Commission,
Plaintiff
v.
THE BROADCAST TEAM, INC., ROBERT J. TUTTLE and MARK S. EDWARDS, Defendants
(United States District Court Middle District of Florida Orlando Division) Case 6:05-cv-01920-PCF-JGG; FTC File No. 052-3025

Florida Dept of State records
http://www.sunbiz.org/corinam.html

THE BROADCAST TEAM
Officer/Director Detail
Name & Address

EDWARDS, MARK
2 BLACKHOUSE CT

ORMOND BEACH FL 32174

TUTTLE, ROBERT J
425 PINE BLUFF TRAIL
ORMOND BEACH FL 32174

EMERGENCY COMMUNICATIONS NETWORK, INC.

Registered Agent Name & Address
SKOW, JAMES
9 SUNSHINE BLVD
ORMOND BEACH FL 32174 US

Title D
TUTTLE, ROBERT J
9 SUNSHINE BLVD
ORMOND BEACH FL 32174

Title D
EDWARDS, MARK
9 SUNSHINE BLVD
ORMOND BEACH FL 32174

Title P
POE, ROBERT
9 SUNSHINE BLVD
ORMOND BEACH FL 32174

Title VP
DIGIACOMO, DAVID
9 SUNSHINE BLVD
ORMOND BEACH FL 32174

Emergency Communications Network Expands Staff
http://opensourcepbx.tmcnet.com/news/2004/may/1039347.htm

ORMOND BEACH, Fla., May 6 2004 /PR Newswire/ -- Emergency Communications Network (ECN), operator of the CodeRED emergency notification network, today announced promotions for key staff and the hiring of an experienced Florida city manager who will assist with outreach and sales.
Among the changes:

* David DiGiacomo has been promoted to Vice President of Operations from Executive Director of ECN. In this new position, DiGiacomo will oversee the customer relations management team and assist in setting the organizational vision, strategy and overall business planning. DiGiacomo has been with ECN since the company was formed.

* Michael Staley has been promoted to Director, Strategic Alliance Programs from Business Alliance Manager. In addition to his work developing alliances with complementary solutions and working with their management and customers, Staley has been tasked with developing additional and third party sales channels for CodeRED. Staley joined ECN last year.

* Howard Tipton will consult with ECN on outreach and sales to state and local government officials and key staff, such as city managers and fire and police chiefs. Tipton has served as city manager in Orlando and Daytona Beach, Florida and is active in the International City/County Management Association (ICMA).

"We're now positioned for major growth in the short-term," said Bob Poe, president of Emergency Communications Network. "There's no other notification system out there that works as effectively as CodeRED. CodeRED has proven itself, and we're reaching out to municipalities and private companies to assist with their emergency preparedness."

CodeRED is a patented, real-time Internet-based message delivery system that can make over 60,000 recorded phone calls per hour into a geographic area based on the specifics of the situation. CodeRED was designed to provide immediate access to timely information, including boil water alerts, weather emergencies, local criminal activity, and homeland security issues. For instance:

* CodeRED was called into service in several mid-Atlantic states to alert residents before and after Hurricane Isabel struck last fall;

* Flagler County, Florida captured an armed and dangerous registered sex offender on the prowl in a suburban neighborhood after alerting residents using CodeRED; and

* Hernando County, Florida officials found an abducted 14-year old girl after she vanished from Bible study class using CodeRED, and Sheriff Richard Nugent credits CodeRED as working "faster than the Amber Alert."

ECN counts among its clients municipalities from around the country, as well as the national lost-child advocacy organization A Child Is Missing. "Our current clients are the best advocates for CodeRED," DiGiacomo said.

Contact: Stephen Gaskill, Emergency Communications Network, 954-764-6415, or cell, 202-257-9298.
Emergency Communications Network

CONTACT: Stephen Gaskill, Emergency Communications Network,+1-954-764-6415, or cell, +1-202-257-9298


Web site: http://www.coderedweb.com/

Publication: PR Newswire
Publication Date: 06-MAR-03
Format: Online - approximately 476 words
Delivery: Immediate Online Access
Author:

Article Excerpt
ORMOND BEACH, Fla. -- ORMOND BEACH, Fla., March 6 /PRNewswire/ -- Bob Poe, former Chairman of the Florida Democratic Party, has joined Emergency Communications Network (ECN) of Ormond Beach, Florida as president, the company officially announced today.

"I'm excited at the opportunity to build ECN and establish the company as the leader in emergency notification systems," Poe said. "The ability to contact people quickly with critical public safety information is a necessity in...

NOTE: All illustrations and photos have been removed from this article.

Other Related "Enterprises"

http://www.sunbiz.org

Registered Agent Name Entity Name Entity Number
TUTTLE, ROBERT J BRADENTON TEAMSTERS BUILDING CORPORATION, INC. 714002
TUTTLE, ROBERT J PRIME PROPERTIES AND DEVELOPMENT OF VOLUSIA COUNTY, LLC L03000030504
TUTTLE, ROBERT J E-RADIO COMMUNICATIONS, INC. P00000084302
TUTTLE, ROBERT J TWILIGHT GROOVES, INC. P00000090078

Registered Agent Name Entity Name Entity Number Name translated
SKOW, JAMES GATO PROPERTIES OF VOLUSIA, LLC L02000003668 - CAT
SKOW, JAMES MONO PROPERTIES, LLC L03000024231 - MONKEY
SKOW, JAMES PUERCO PROPERTIES, LLC L03000028906 - PIG SKOW, JAMES PERRO PROPERTIES, LLC L03000028907 - DOG
SKOW, JAMES JTMX LLC L04000046478
SKOW, JAMES PREMIER PROPERTIES OF VOLUSIA, LLC L05000012958
SKOW, JAMES REUNION PROPERTIES, LLC L05000047786
SKOW, JAMES THE BROADCAST TEAM LOUISVILLE, LLC L05000059343
SKOW, JAMES HECTOR, LLC L05000064536
SKOW, JAMES MARKET ABILITY, LLC L07000045709
SKOW, JAMES WEBER FINANCIAL LLC L07000049026
SKOW, JAMES VOLO LLC L07000118861
SKOW, JAMES EMERGENCY COMMUNICATIONS NETWORK WEST, LLC M07000007167
SKOW, JAMES FLORIDA CONTINUING EDUCATION SERVICES, INC. P04000126011
SKOW, JAMES CALL TO SANTA, INC. P05000075554
SKOW, JAMES EMERGENCY COMMUNICATIONS NETWORK, INC. P99000055670
SKOW, JAMES TELEPHONY RESOURCES, INC. P99000058533
SKOW, JAMES THE BROADCAST TEAM, INC. V45009
SKOW, JAMES MARKET ABILITY, INC. V45010

What Do You Do About a Cancer in Your Town?                                                                                           February 9, 2008

Have you ever lived in a city where the elected officials refused to allow the public to speak at public meetings - a town comprised of leaders who freely admit that they once allowed "public comment sections" at public meetings but stopped that practice because a citizen used the forum to criticize and "embarrass" an elected official?

Have you ever lived in a city where the elected officials totally ignored the wishes of hundreds of citizens and placed a two-lane "bottleneck" in the only north-south highway through town so their friends could have parking in front of their businesses? How about adding a crowning touch to this fiasco by not bothering to even contact the police, sheriff, fire, or EMS as to whether this action might constitute a safety hazard. Oh, also ignore any attempts by the state highway department to "dissuade" the city from taking such detrimental action.

Have you ever lived in a city where the elected officials refused to allow the public a voice or a vote before putting the citizens in debt for 25 years and $14 million for a project the people didn’t want? How about directors who simply vote to change the word "tax" to "fee" on numerous documents so they could legally avoid allowing the people a voice or a vote? Add these actions to the fact that the city is already taxed more per resident than any other city over 30,000 in population in the entire state.

Have you ever lived in a city where the elected officials regularly overrode the advice of their own staff, planning commission, etc. so that their friends could place unsightly businesses in residential neighborhoods? Oh, except for the city manager who tells the directors what to do instead of the normally reversed roles.

Have you ever lived in a city that was ranked by the FBI and state statistics in the top ten "highest crime cities" in the country yet the city leaders dismiss these facts by saying something must be wrong with the figures rather than properly fund and staff programs to combat the problem?

Have you ever lived in a city where the elected officials overrode the strong recommendations of their staff, planning department, building inspectors, code compliance experts, fire marshal, etc. because a developer would give them $50,000 to backdate a certificate which allowed the developer to obtain federal funds, tax credits, etc? Does that not smell like federal fraud to anyone?

Well, if you ever find yourself living in such a town, what would you do about it? Would you complain?  Remember, the public is not allowed to comment at public meetings except within very narrow guidelines.  If you are lucky enough to qualify to speak, you are limited to 3 minutes regardless of how important your issues are and there is a strong possibility that you will be berated, yelled at, contradicted, embarrassed, or even thrown out of the public meeting.

How about this idea? Form a group where you invite knowledgeable experts to inform the public as to what is really happening in the town. How about also providing an "open mike" session at every meeting so the public can speak? How about doing investigations from public records and providing surveys to determine what the public would like their elected representatives to do if they ever decide to represent the people instead of only themselves or their friends? How about providing a website like www.GGGGNews.com so people can know what is being done?

If you see any similarities in these scenarios and the city of Hot Springs, congratulations. You are informed and intelligent enough to recognize the problems that comprise the cancer growing within our fine city. You also likely know that the Garland Good Government Group (GGGG) was formed to help provide our citizens a voice and a vote on important issues.

The GGGG has observed the growing cancers within our city for almost a year and have been somewhat successful in informing the public and restoring the people’s voice and "right to vote." Unfortunately, too many issues have gone unresolved but not for lack of trying. At a recent meeting, one GGGG member posed a very astute question, "Why do we keep putting out brush fires when we know who is setting the fires?" That profound question was the beginning of much soul searching, more investigations, a public survey (available at www.GGGGNews.com), and an eventual decision to solve the problem at its source, the city board.

As you likely know, the GGGG took the very bold step of beginning a recall of the mayor and a director. These two were selected because they were the top two recommended by the public survey. The rational was to not recall board members who must stand for reelection in November simply because their terms will soon end. This does not necessarily mean that we will not add other board members to the recall effort in the future.

With minor exception, our decision has met with overwhelming and surprising support. We obtained approximately half the needed signatures for the director on our recall petition with only a handful of volunteers working a few hours on Super Tuesday. We must admit that it is quite discouraging to see people who either do not understand, care, or want to get involved in helping to correct our problems. However, the latter can be somewhat understood because we have witnessed city directors using city departments to carry out intimidating tactics aimed at those few who dare to complain or question them. What is most discouraging is to have the hard work and dedication of our members be rewarded by our own local newspaper criticizing and working against our efforts while local radio stations refuse to rent us a booth at the home show or allow us to fund a program on their station.

We are not the ones who caused the cancer within our city. We are the ones who are now finally saying, "let us rid ourselves of this problem and restore the life and vitality to our fine city. What do you do about a cancer in your town? You remove it.

More Spins Than a Coney Island Carrousel (commentary by Ted Burhenn)                                               February 4, 2008

In regard to the February 1, 2008 press release about the recall of Director Weatherford and Mayor Mike Bush, it is amazing to read the spin that City Director Kent Myers and Director Weatherford placed on the issue.  They want the public to believe that this is only about the Baptist Hotel and only because of its Black Heritage.  Sorry guys, that dog won’t hunt.

The Baptist Hotel was chosen as a backdrop for the icon as a sample of how far out of control our city government has gotten.  The owner of the Baptist Hotel needed a certificate of occupancy dated December 31, 2006 but had not and still has not met the required repairs to obtain that certificate legitimately. Without that certificate, he stood to lose millions in Federal Tax Credits/Grants.  Against the advice of the city’s own code department and fire department, the board of directors not only gave him a certificate, but backdated it to allow him to cash in from the government (click here to view the documents). If you or I did that, it would be called conspiracy to commit federal fraud.  The difference between the Baptist and the other historic buildings is that the owners of the other buildings didn’t know who to make the check out to or maybe how much.

 The only work on the Baptist since that time is the fire escape on the back of the building for all the people who don’t live there.  It does however offer the children a place to play and the homeless a way into the building.  Even the security fence in front of the building is now a hazard.  There were options; other investors have been interested in the building and it could have been restored by now.  So Mr. Weatherford, it would not have been torn down.  Of course what do I know, I don’t have a State General Contractor’s License nor have I been cited numerous times for operating without one.  Maybe that is something that you learned in Japan.

Now for the Rest of the Story.  A recent survey conducted by the Garland Good Government Group showed that the vast majority of the citizens responding to a poll placed the removal of several Directors as one of the most important items to improve the Community.  It an attempt to act as a conduit for these citizens, GGGG voted to take on the task.  Although any issue requires a positive vote of 75% of the voting members present, it was unanimous that we start with Mayor Mike Bush and Director Carroll Weatherford as it was felt that we can’t wait for the next election.

The reasoning for the recall varies, from possible conspiracy to commit federal fraud, multiple personal bankruptcies by directors, arrogance to the public during meetings, catering to special interest groups in things like the bottleneck & Hi-Lo Terrace, awarding contracts to directors without competitive bidding, multiple trips for directors and staff to Japan, increased taxes (or fees if that makes Myers feel better) and a  lack of personal financial responsibly to a run-a-way budget of  over $2,600 per person ( at least 2.5 times greater than Little Rock. 

Strange how Mr. Myers, in excerpts of his State of the City report, took credit for Highway 70 West, Carpenter Dam Road, rejuvenation of Bath House Row and the repair of “malfunction junction”.  Careful, if you pat yourself on the back too much you can spin yourself into a pretzel. Perhaps we should take the time to thank the little people like the Highway Department and Commission, County Judge Larry Williams, National Park Director Jose Fernandez, the investors at Magic Springs and the directors of the health care facilities.    Sorry if I missed some but it is the countless many that should be credited with the successes.  It is the very few that should bear the responsibility of the disasters.