
What To Do About County Fire Control January 8, 2008
Director Smith Goes to Court. Yes, Again. January 3, 2008
We have been asked the outcome of city director Smith's latest court case several time so we decided we may as well publish the results here for all to see.
Most of you are likely aware that a special judge was brought in from Benton because our local district judges are paid by the city of Hot Springs and to not recuse themselves could be considered as a conflict of interest. You will likely recall that the special judge found against Mr. Smith and ordered him to pay his painter approximately $2,300 plus court costs. The hearing for Mr. Smith in circuit court on Wednesday, January 2nd was due to Mr. Smith appealing the case even though the time for appeal had apparently elapsed and several other complications and strange twists appear to have been involved. Mr. Smith and his attorney, Mr. Tapp did appear in court. Mr. Smith and Mr. Tapp offered the plaintiff $1,000 to settle and eventually did get the plaintiff to settle the approximately $2,300 judgment for $1,500.
This marks the end of Mr. Smith's legal case but this may not be the end of the public's perception of how Mr. Smith does business. Don't forget, he is one of your representatives responsible for oversight of millions of your tax dollars. Sleep well.
City Directors Vote To Take Authority Over County Residents November 7, 2007
Well, the city board of directors met again Monday evening and voted 4 to 3 passing a resolution to "study" and prepare zoning maps enabling the city to impose planning and zoning in the first one-mile of county properties immediately outside of the city limits. Several residents spoke in opposition but no one spoke in favor of the resolution. Those directors voting against the resolution were directors Maruthur, Jones, and Smith. Those voting to ignore the wishes of the people and continue with the study were Weatherford, Daniel, Edwards, and mayor Bush.
Several citizens expressed concern that this action would only be the beginning of the city forcing affected areas to be annexed in the future. The mayor did his typical bit of grandstanding and announced, "there will be no forced annexation as long as I'm mayor." He has had these delusions of grandeur for some time but it does continue to demonstrate his dictatorial side and how important he considers himself. The city attorney misrepresented what state law requires stating that the state mandates that the city "shall" impose zoning in the first 5 miles surrounding the city. The exact wording can be found by clicking here so that citizens can decide for themselves.
Bottom line - If the zoning maps and study results in an ordinance, county residents will be told what they can and cannot do with their personal property. In the humble opinion of this writer, as long as the city doesn't have water, sewer, and basic services to all residents of the city, they should not try and impose their dictates to county residents. Until the city ceases "selective code enforcement" with city directors using city departments to intimidate anyone who dares speak against their unethical actions, why would county residents want these people imposing similar codes on them? Until directors cease misusing their positions to help themselves and their friends instead of the safety and welfare of their residents, why would anyone want this particular group of self-serving politicians representing them? This is especially true when one realizes that county residents have no elected representative to complain to. Unfortunately, most city residents don't really have representatives that actually represent them either.
Stay tuned. It is about to get even more interesting.
Unadvertised Town Hall Meeting Well Scripted October 26, 2007
Much to the surprise of the masses, our Hot Springs board of directors held a Town Hall meeting last afternoon at 5:30 PM in the Central Fire Station on Broadway. Several items are worthy of note.
First - Although we didn't see the notice in the local newspaper, we understand one was published which stated that no question was "off limits" and that the public could ask any questions of our board of directors they wished. The harsh reality was that the public was not allowed to ask anything they wanted and except for Maruthur and a couple of short cute answers, the directors did not answer even the 'milk-toast' questions that were allowed. This was accomplished by the use of a moderator (H.S. Chamber President) who is excellent at polishing questions intended for directors and redirecting them to city staff. In fact, the moderator began the meeting by stating that the directors were "here to listen" which was the same as saying they were not here to answer any questions.
Second - The meeting was well scripted. Questions were hand-picked by the moderator as "subjects" to be addressed and anyone wishing to speak about those particular subjects could do so. Except for a brief discussion of the city's crime problem, no controversial subjects with the potential to make directors look bad were addressed. For example, excessive trips by directors to Japan, Reno, Washington DC, New Orleans, etc.; the downtown bottleneck, director's conflicts of interest, the defeated city hall bond issue, improper use of tax revenues, etc. were not subjects open for discussion.
Third - The audience was predetermined. This appeared to have been accomplished by the minimal advertising to the public that a meeting would be held plus requiring city employees to attend. Director Maruthur asked that city employees and their spouses stand and 31 were counted. She then asked those who live outside of the city to stand and 11 were counted. The meeting began with about 50 people in the audience but grew to 68 counted at one point. When the 31 city employees (not counting the directors and city manager) and 11 lived county residents are subtracted, the remaining 26 were assumed to be city residents. If the members of the Garland Good Government Group were subtracted from this number, it would appear that only a handful of city residents even knew about the meeting. While this and the recent referendum were used to demonstrate that the public was "apathetic" or didn't care about city issues, the writer feels this was simply proof that the meeting and the referendum were very poorly advertised. Hot Springs citizens are concerned about their city and the direction the current leadership is taking it.
Fourth - There were a few fresh moments of truth when directors actually spoke. For example, Director Smith, fresh from his latest court fiasco that same day, asked how many people in the predetermined audience "think that Hot Springs has a crime problem?" He appeared to be shocked when almost all of those non-city employees and a few city employees raised their hands. When the rhetorical question "who in their right mind would want the job as mayor even for $200,000 a year?" was asked, the mayor said, "I would."
Fifth - The head "good ol' boy" for the city stood at the very end of the meeting and outlined all of the great things our city has and insinuated that all the new businesses, jobs, park expansions, Oaklawn money, theme parks, and new restaurants were due to the "good ol' boy" leadership. As for this observer, all of these good things have happened to our city in spite of the "good ol' boys" and NOT because of them. Our city has potential much greater than what has been accomplished. We sincerely hope that our citizens continue their strong support to help the entire area reach our goals of ending government by self-serving, egotistical politicians, providing for improved traffic flow, achieving a fair and equitable tax structure, improving our quality of life, properly addressing our drug problems, and reducing crime so that all citizens can feel safe and secure in their neighborhoods.
City Manager's Bid For Naples, Florida Job Unsuccessful October 14, 2007
Some in Hot Springs are saying it is a sad day although others are glad. The reason for all these emotions is the fact that our city manager, Kent Myers, did not make the "short list" for the city manager job in Naples, Florida. This website certainly did our small part in not interfering with this opportunity by changing his name to Special K, thus preventing web searches from finding references to him on our sites. We also misspelled the title, "city manager" for the same reason. Hey Kent, next time let us know further ahead of time when you have resumes out and we'll change those names sooner. We absolutely do not wish to interfere in any way with your finding employment elsewhere.
Members and Guests Celebration Successful October 14, 2007
Some 36 GGGG members and invited guests celebrated our third straight major success at Phil's Restaurant in Howard Johnsons Friday evening. It was really neat having the entire restaurant to ourselves. Those who were present were treated to not only a good meal but to very informative reports from various committee chairs. No official action items were presented but in view of the general consensus to accept the City Mananger's offer to come speak to our group, he will be invited to speak at our December meeting. Although it was strongly recommended that we allow him 3 minutes, we will likely extend that time. We also plan to have a state official speak that evening so it is possible we will actually have to limit both speakers. We will keep you advised.
As to our impending goals and future projects, an overview of our plans was provided at the celebration. However, the final proposals are still incomplete. The executive committee is working toward incorporating all of the recommended projects into a single plan. Once this work is finished, it will be presented for the approval of the full membership. As you know, we do not adopt projects without the approval of 75 percent of those present and voting at a meeting open to all members. All paid members are voting members. Hopefully, our next project(s) and/or plan will ready to be presented at the next business meeting.
City Manager is a Lame Duck - Now What? (a guest commentary) October 3, 2008
City Manager Kent Myers announced that he is actively seeking other employment, we wish him success. His resume is complete; therefore his work here is done.
Now what is the next step? We have had over a decade of lack of preventative maintenance on city buildings to the point of needing serious work. We watched as the City over annexed beyond it’s service capabilities, (Fire, Police and Code to mention a few). We have experienced the pain of too much of a good thing, whereas the Parks Division has created more parks than they can safely budget leaving playground equipment in a sad state of repair. We were helpless when the Manager, (backed by the Majority of the Directors) ignored a federal agreement, fabricated a financial study and unjustly overcharged the rural community for sewer service. All this was done in order to create an illusion of excellence, diverting money away from the un-glamorous superstructure or the very foundation of our City’s existence so that we can plant flowers and send people to Japan. We have created an organization that is and was intentionally top heavy in management in order to control the votes of the Directors. Our Mayors have gotten progressively weaker and complacent, (most have not had the experience to run a city). That created a problem in which too much power was diverted to the City Manager’s position.
Wherein lays the solution? It will not be easy for we must correct the mistakes of a decade of camouflage and sugar coating. If we are to keep a government controlled by a City Manager, we must have a good one who can recognize the problems and has the experience to build back the infrastructure that has been destroyed. We must gain the trust and support of the people in order to fund the under budgeted Police and Fire Departments. We must have more than a figure-head Mayor that is willing to control a City Manager if required. We must re-program our department heads to be self thinking and not just "yes men". Those who cannot be trained must be replaced. We must consider a Water and Sewer Commission and take away that responsibility from an overloaded, one sided City Government and put it back in the hands of the people.
How long will it take? The Police and Jail alone will not see much of an improvement for about 2 years after funding. Then we can hopefully see a decline in Crime in Hot Springs. What is our first step? Honest evaluation of our present situation. We must recognize that we have a serious problem before we can get better.
We have a start; let us now plan for the rest of the future. Hopefully it will be a project of all the people and for the good of the people, not just for the glory of a City Manager.
City Manager Makes Short List for New Job in Florida October 3, 2008
We have known for over a month of jobs applied for by our current City Manager from Arizona to Florida. In view of the fact that he did not make the short list for some and that we did not wish to influence his applications, we declined to print this information as news. However, in view of the fact that he has continuously failed to comply with numerous "freedom of information" requests (see below) and the city hall bond issue which he promoted, is now upon us, we feel compelled to inform the city of his desire to leave Hot Springs. Mr. Myers applied for jobs during 2006 so we anticipated that he would continue to do so until he was successful.
Mr. Myers is now on the short list of 10 people from 61 applicants for the job of City Manager of Naples, Florida. Click here to read the story. Interviews will begin on October 22. Click here to see his application and resume.
One of our current primary concerns relative to Mr. Myers' proposed bond indebtedness of over $14 million was that his financing plan was quite risky. His plan was, and is, based on gambling revenues and possible increases in state turn-back funds, not solid and dependable revenue sources. We not only questioned the financing plan but the obvious lack of any plan or study justifying a new city hall. Additionally, we remain concerned that Mr. Myers could move on to another town and leave us to pay for the boondoggle he created. It seems, at the least, the latter concern has proven to be valid.
For these reasons, we would be remiss if we didn't inform the citizens of our city of Mr. Myers' intentions prior to the election on Tuesday, October 9 while our citizens still have time to consider all of the facts before casting their votes.
City Manager's Latest Response to Our FOI Request September 23, 2007
The following e-mail was sent to the City Manager as a follow up Freedom of Information (FOI) request. Following that is the reply.
Mr. Myers, I am turning to email in this last correspondence to you to end our conversation concerning my request for city information mainly because I don't have the time to keep going back and forth to City Hall hand delivering letters. I really don't think that you nor your city information officer have answered my request completely. Frankly, I am offended by the memorandum that I received from her through you. The City has been selling the prospect of the new City Hall and that is the reason that the Hot Springs Board of Directors was considering the measure and luckily for the citizens that GGGG intervened. That is the reason that the city officers have been going to various Clubs and organizations to "sell" the new City Hall. Your information officer can call it educational but I understand where she is coming from. I am not asking that she or any other city employees do an allocation of time but it might not be a bad idea for many major corporations do that to make sure that they are operating effectively.
Honestly, I don't appreciate your public information officer lecturing me on Thomas Jefferson because I am a history and political science major in my undergraduate degree. Frankly, Thomas Jefferson was an aristocrat and had actually put in the constitution "Pursuit of Property" speaking of the ownership of slaves. Finally, he put "Pursuit of Happiness" to satisfy the majority of the membership in the Body. His writing are wonderful but if you don't understand the man you don't understand Jefferson.
Yes, we all have a similar mission but with the attitude that was lifted from her written memorandum - I am not sure that the bridge is completely open. We will continue this on another day.
Sincerely, Blake Robertson, Secretary of GGGG
The following reply was received from Kent Myers on September 16, 2007. Do you wonder if he understands FOI?
Thank you for your comments. Sorry we were not able to meet your request to your satisfaction
City Manager Responds to Our FOI Request. Sort Of. September 15, 2007
As the members are aware, our secretary sent a letter to the City Manager requesting information under the freedom of information (FOI) act for disclosure of how much money, time, and resources the city has spent on the new city hall campaign. The original request letter was responded to by the City Manager (click here to see responses) by a letter dated September 4, basically denying any city hall campaign even exists.
Our secretary sent another more specific letter and we personally visited with the City Manager who acted as though he doesn't understand FOI requirements. His excuse was that they were not calling the city hall proposal a "campaign." After the second letter and we personally explained what we were requesting, the City Manager promised to address our requests more specifically. This information should have included time spent, what the involved employees make per hour, all material and labor costs, etc. Note his second attempt dated September 11 still does not provide the requested information. We are now reviewing our options including submitting the information to state agencies asking for them to direct the City Manager to more properly respond and cite him for his continued violations of the "Freedom of Information" act.
We will keep you informed.
More Crime on the Streets of Hot Springs September 5, 2007
We noted with interest that our City Manager is once again trying to discount the obvious. He says the Garland Good Government Group (GGGG) is using dated information and insinuates that our city doesn't have a crime problem. How can anyone be so blind to not recognize a crime problem when two of our officers are assaulted in two separate incidents on the same day. An assault on one of the officers has not yet been reported by the local news because it happened late yesterday. A Hot Springs police Capitan was assaulted by three young hoodlums while in his vehicle. Unfortunately for the hoodlums, the officer is rather large, in great condition, and a boxing trainer. When he finally managed to exit his vehicle, the thugs retreated. Reports are that he did manage to capture one and arrests are anticipated for all three. On the second page of today's Sentinel Record is a headline, "HSPD breaks up large fight outside local club." Note that yet another of Hot Springs finest was assaulted. While looking at the newspaper, also check the police log. It is huge every day. We simply must begin supporting our local police by helping to get them the money and resources they need.
The information the GGGG presented at our press conference yesterday is based on facts. It includes FBI statistics, information from the U.S. Department of Justice, the Arkansas Crime Information Center, and local police department files. We will post this information here in the very near future so everyone can determine the facts for themselves. It is true that our police records show a decrease in overall crime but these include misdemeanors. Except for HSPD numbers, our statistics are for felonies and above. Our City Manager may not want to know the true facts but they are there and they are painfully evident. Our city leaders are now trying to convince citizens that a new city hall is more important than public safety but our citizens are smart enough to know otherwise. The proverbial wool will not be pulled over the people's eyes again. As our report narrative concludes, "Ignoring our crime problem is not working."
What Happened to Our Membership List and Officer's Pictures? August 23 , 2007
We have had to answer that question at least one dozen times recently. We though we may as well answer it for our readers as well. The truth of the matter is we took it off because our city leaders were apparently doling out their method of "old west" justice for those GGGG members who had dared to stand up to them or had, in some way, criticized them. Yep, we have even lost officers due to what the city did to them and members due to fear of what the city can and will do to them.
We already had over half of our now 100 plus members who did not wish to be listed because they own businesses or do business with the city. It is terrible that any citizen would even need to be concerned about retribution from the city they pay taxes to but this is the current situation. It appears that our leaders are using code enforcement and others to harass or give trouble to builders, businesses, and even just property owners in the city. We ask you to please document and make us aware of such occasions as we now cataloging these events and plan to turn them over to the proper authorities.
We don't expect to again list our officers or members but wish to reassure the public that we will continue our work. With your help, we will take the necessary steps to identify those who do not respect the rights of others to have or voice opposing opinions. Following this documentation process, be assured that we will work to expose and remove these people from their elected positions and/or from their work in service to our citizens.
Watch out for those city vehicles that now say "Neighborhood Services" on them. That is the City Manager's new name for "Code Enforcement."
Kudos to the Board August 22 , 2007
We so seldom have an opportunity to thank the board but we must in this case. We know we may have sort of shamed the board into more appropriately using their surplus by our comments at the August 6 meeting but, by golly, they did come back at their next meeting and do the right thing. They gave the employees a raise. Albeit, not a large raise or a raise for everyone but it is a start. With minor exception, our city employees seem to be a very well qualified and courteous bunch of people. Far too often, our city leaders come up with ridiculous ways to spend the citizen's money and seldom even think of the real people that really make Hot Springs run. It is well past time to recognize and begin to appreciate our hard-working city employees. Thanks board members for finally helping our city employees. Don't stop now.
4 Board Members Off to New Orleans for Fun and Frolic August 21 , 2007
We tried hard at last evening's city board meeting to convince our directors that sending most of the board to New Orleans in November was not a great idea. In fact, we told them it was not a prudent use of the taxpayer's money. We even mentioned that a director going to Japan 3 times, Reno, Washington D.C., and New Orleans was perceived by the public as being excessive. After hearing us out, the board once again demonstrated their disdain for being 'good stewards' of our money by voting 5 to 1 to go ahead and go to New Orleans. The vote would have been 6 to 1 but director Daniel was out of the room with a coughing spell. You can catch their display on city channel 5 any evening this week beginning at 7 PM but this particular item is near the end of the meeting nearer to 8 PM. You really should watch the entire meeting to see how rude and arrogant or, in the board's mind, how nice and respectful the mayor and board conduct themselves. It is likely more entertaining than whatever else is on TV anyhow.
Board Decides NOT to Buy Property for New City Hall August 7 , 2007
We attended last night's city board meeting but we are really not quite certain that this was the same bunch of city directors and the same mayor that was at the "agenda" meeting last Tuesday. The reason we question this was because those directors and that mayor were resolute in saying we needed to "exercise our option" and purchase the property for the new city hall because a "hotel was interested in the property." Heaven forbid a hotel would get the property our city leaders wanted so badly. Note that the potentially imposter city directors and mayor at last nights meeting were unanimous that getting a new hotel to buy the property was just great. It is difficult to determine if these people were the same folks. Perhaps, we could do DNA tests prior to future meetings to avoid the infiltration of imposters. This could be important because way too many people seemed to have that "dropped jaw, blank stare" look indicative of the mental activities that occur upon realizing so many people have totally reversed their common strong opinions.
It appears that a hotel related company has offered to purchase the city's option. Camden Express LLC headquartered in Magnolia, AR apparently operates the Holiday Inn Express in Camden and is a legitimate organization. We will check into this further in the near future. Could it be possible that this is a sham in which that organization will decide they don't need the property once the election is held, especially if the city hall bond issue passes, and will sell it back to the city for, say $100,000? We're not saying that will happen, we are just a bit skeptical that so many people could reverse themselves so quickly and be so happy about it. In response to the mayor's question at the agenda meeting, "what do we do with the property if the bond election fails?" most directors thought it would still be a good investment. In fact, director Weatherford even stated that it was a great investment and that the city "could make money on it." Director Daniel and Smith had similar comments.
If we rule out the possibility of imposters posing as directors and the mayor, we have to ask if, just perhaps, the GGGG had some impact on our leaders actually changing their minds. Naw, not likely. Okay, we admit it, we're just plain bumfuzzled.
Oh, a late note, one of the directors who want to manage million of dollars of our money just had a garnishment of his wages approved by the court. See the court papers by clicking here.
Board Decides to Buy Property for New City Hall July 31 , 2007
Well, our city directors decided at today's "agenda" meeting to tell our citizens they were going to proceed with building a new city hall whether or not the citizens want one. Yep, item 30 near the end of the "new business" portion of the agenda reads as follows:
Consider Resolution No. R-07-193 Authorizing the Exercise of an Option to Purchase Certain Real Property from L.I.P.S, LLC (DHS Property Located at 115 Market Street). See item 30 at http://www.ci.hot-springs.ar.us/pdfs/agendas/2007/current%20packet/agenda.pdf
What this rather innocent looking ordinance really means is that the city directors are determined to purchase the property for their new city hall. The "Certain Real Property" is, in actuality, the planned site for their new city hall. A final item on Monday night's agenda is the refined video presentation designed to persuade the voters to spend another $14 million or so so they can build their new monument. Does it strike you as very insulting that your directors would go ahead and vote to buy the property for a new city hall before the citizens decide by their ballots that they even want or need it? It strikes some of us as an outrage and a real "slap in the face" to the public. Oh, you can show up Monday at 7 PM and express your views on their improperly spending another $1.3 million of your tax money that was supposed to be used only for paying off the civic center but the board has already decided they are not going to listen to you. These sorts of things appear to be discussed behind closed doors and finalized at the Tuesday afternoon "agenda" meetings. Sort of makes you wonder why they even have "board meetings" doesn't it?
A Short Parable Titled "Mr. Smith Goes to Court" July 18 , 2007
Once upon a time, a Hot Springs city director was sued by multiple people for not paying his bills. After several months and several municipal type judges recusing themselves, a court date was finally set (perhaps Tuesday - July 17, 2007) with a visiting judge from a neighboring town (say, Arkadelphia) agreeing to hear the cases. The city director managed to pay off and settle young Billy's case the day before the court date. However, a case which was brought because the director refused to pay painter Marc for painting his house, was heard.
Mr. Smith somehow managed to get the case closed to the public, which is rare. Maybe it was because he was an important city director and should be treated differently than just plain folks. The director showed up with his bank statements in hand and tried to convince the judge that because of the amount of money he had, he shouldn't have to pay. After the judge explained that being broke or rich was not relevant as to whether or not the debt was owed, the real meat of the trial began and all sides were heard even though the director's wife did interrupt the judge several times. The judge was not impressed or pleased with the interruptions but maintained his demeanor. The only thing that seemed to be an issue with the judge was how many coats of paint were put on the house. The director claimed that only one coat was applied while painter Marc claimed that two coats were applied and, in some cases, three.
The judge was so concerned that he adjourned for lunch so that he and his bailiff could accompany the director to his house and personally examine the paint. After discovering that there was, indeed, two and three coats of paint and the director was not being totally honest with him, the judge went to lunch at a nearby Mexican style restaurant and returned to court ready to announce his decision. The director was so unhappy with the judge's decision that he must pay the painter money (approximately $2,285.25) that he stood up and angrily announced he was not pleased with the judge's decision. The judge was not surprised that the director was unhappy but his outburst so disappointed the judge that he told the director to sit down and shut up or he would be held in contempt of court.
Oh, the fable also includes the obligatory counter-suit (sort of dismissed) and the right to appeal within 30 days to a higher court so the story may not yet be over. Someone pointed out that cases are not normally closed to the public and that the public should have the right to know how directors handle their own personal finances, especially directors responsible for handling millions of dollars of the hard-working taxpayer's money. Someone else pointed out that plumber Rick already had a lien on the director's house for not paying his plumbing bill. Yet another person remembered how another director had taken bankruptcy several times. Another citizen asked how these people got elected. One wise old gentleman pointed out that these same directors are now preparing to ask the citizens to trust them to spend several million more of the public's money for a new city hall so they can put their name on a big metal plaque and everybody can see how important they are. On his way out, the wise old fellow threw up his hands and lamented, "heaven help us all."
Who is Left to Speak Out for Me? July 17 , 2007
Do your city directors speak out for your interests or only for their own interests? Martin Impeller (1892-1984), a political activist of the World Wars, was attributed with the original text which has been many times modified to make a point. Hopefully in one of its most unmodified versions, we can find reason to stand up and be counted.
First they came for the communists,
and I did not speak out--
because I was not a communist;
Then they came for the socialists, and I did not speak out--
because I was not a socialist;
Then they came for the trade unionists, and I did not speak out--
because I was not a trade unionist;
Then they came for the Jews, and I did not speak out--
because I was not a Jew;
Then they came for me--
and there was no one left to speak out for me.
Now apply this to 2007 and the City of Hot Springs. The citizens demanded and achieved the right to vote on the new City Hall Issue. However, the City Manager and some of the City Directors are moving forward with buying property at inflated prices as though the citizens should still not have a voice in their exploits. They are either not attuned to the voices of the people or prefer to simply ignore our wishes. They travel extensively to Japan, violate State Contractors Laws, file multiple personal bankruptcies, and engage in multiple conflicts of interest while claiming to represent the citizens. They seize personal property to their advantage when there are better alternatives that could be exercised. Department heads find more importance in free trips than in the management of their own duties.
Most citizens are sitting back, with mild interest, thinking, "I am not speaking out-- for I am not involved." How long will rural citizens continue to take that attitude? City management is already dictating planning within the five mile extra-territorial (ETJ) limits outside the city. They are already beginning to dictate zoning within the one mile ETJ limit, and are now considering imposing city codes in both areas. They have already arbitrarily increased the sewer rates 50% more than city customers based on an orchestrated study which violated federal agreements which allowed a sewer treatment plant to be built. Now they are using questionable powers of eminent domain to seize properties outside the city in rural areas to their own advantage. They are offering 60 cents per square foot for this property while paying prime rates of $8 per square foot (proposed new city hall) for property that the citizens have not had a constitutional vote on, as of yet.
Perhaps more desperate measures are called for. Perhaps we should demand our leaders change their personal constitutions by restoring the words, "We the people," to their preambles and removing the words, "We the Directors and Managers." Maybe, just maybe, we need to take our City Government back and rid ourselves of the autocracy that now exists.
Note: This editorial was also submitted to the Sentinel Record for publication by Ted C. Burhenn
Skateboarders Protest, Micromanaging by City Manager, Tax Money Spent Without Asking Citizens July 11 , 2007
Skateboarders - A dozen or so skateboarders and their sympathizers led by a young fellow from Paris, Texas showed up downtown Sunday afternoon complete with signs and skateboards. Except for one brief moment, their touted "acts of civil disobedience" did not occur. A big part of the reason for this was due to the three dozen or so motorcyclists who staked out the area where skateboarding was planned. Many bikers and locals wore t-shirts with large letters, "C O P S" and in smaller letters, "Citizens Opposed to Punks on Skateboards." Typically, the TV news media interviewed the protesters but didn't bother interviewing the much larger group protesting the protesters. The bikers got the point across so well that the skateboarders quickly left the planned protest area. In fact, such an impression was made that this group, some of which drove hundreds of miles to complain about our police, asked the police if they would escort them back to their cars at the parking garage. Ironic, isn't it, that those criticizing our police would beg for their help because they feared our bikers. Despite some of their rough exteriors, these bikers are some of nicest, most courteous and most patriotic people you will ever meet. It was refreshing to observe those who have respect for law and order take a stand opposing those who advocate civil disobedience.
Micromanagement - Another interesting development was that the City Manager was seen in shorts and a baseball cap walking the downtown sidewalks with a couple of our policemen. It was later reported that our City Manager had met with the skateboarder group and gave them his blessing to protest downtown. Apparently, he then called together a meeting of the police and provided his plan for handling the situation. This is consistent with the numerous charges of micromanagement he is infamous for. Most citizens have confidence that our trained police department can take care of such situations without the City Manager's constant interference. We understand he is the reason Hot Springs police vehicles look like taxicabs instead of police units. Send in your comments, we'll add them to what we already have and provide you a few dozen other similar instances of his micromanagement techniques in the future.
Spending Our Money - Okay, so the city hall issue is over until the citizens vote for or against it on October 9, 2007, right? Wrong. Next Monday night's city board meeting will include an item authorizing another $15,000 being paid to a sawmill appraiser to appraise the block-long properties along Central Avenue except for the architect's building at Market Street. This would allow the new city hall to have access and parking directly on Central Avenue. The word is that the city directors are prepared to once again slap their citizens down because they now are working to purchase not only the old Ouachita Hospital but also this additional property. We continue to ask ourselves why the City Manager, mayor, and city board are so determined to remove such expensive properties from the tax rolls when a city hall could be constructed on existing city properties. Perhaps they could even consider the old Woodmen building on Malvern which, apparently, has been renovated and could be acquired very reasonably. At any rate, expect to see the board spend $1.3 million of your hard-earned tax dollars plus another million or so for the now proposed Central Avenue property. We have already paid for one appraisal plus $50,000 to hold the old hospital. Oh well, as we've said before. It is not like it is REAL money. It is just our TAX money.
Winner of Honorary City Board Director, Position 8 July 6 , 2007
The excitement is evident as Barbara Anabel was declared as the winner of the GGGG's Honorary Position 8 City Board Director by GGGG's chairman during the group's Fiesta party. In addition to the extraordinary honor of being anointed as Director, Barbara also won a trip to Hanamaki and a cell phone with limited range.

The new honorary member of the City of Hot Springs Board of Directors is entitled to numerous privileges. For example, the Position 8 Director gets to vote on the city hall bond issue (of course as an honorary director she didn’t get to vote automatically, she had to help obtain over three thousand signatures from fellow voters to empower her but that was accomplished)
Although one of the perks of her job is the vacation to Hanamaki, our Honorary Board member didn
’t receive plane tickets on a 747, no unlimited booze at taxpayer expense, the taxpayers aren’t buying her food at pricy restaurants, and there are no stopovers in Dallas for personal business. However, since she will be taking your her own car and filling it up with her own $3.00 per gallon gas, she will have plenty of room for an ice chest to carry baloney sandwiches and moon pies. Yes, the trip is really to Hanamaki Missouri. Her trip also included deluxe accommodations for up to 4, and a cell phone (minutes not included).The lucky Honorary Director was chosen from a random drawing at our Fiesta meeting held at El Chico in the Hot Springs Mall on June 5th. Additionally, the couple of dozen or so members that were present at the Fiesta were appointed as Honorary City of Hot Springs City Managers, and received their dinner at El Chico for free (tax, tip and booze were not included. After all, they were just honorary City Managers).
We want everyone to enjoy their honorary positions but to be certain they don
’t take unreasonable advantage of them, the following rules were established. Any honorary Director or Manager that attempts to do any of the following prohibited acts will be recalled from their Honorary position:1)
Creating a permanent bottleneck on any major road in town.2)
Placing stop signs in front of their business just for fun.3)
Collecting millions of dollars in taxes after the tax’s purpose has ended.4) Using foul language just because you are forced to take a tie breaker stance on a city board vote.
5)
Filing bankruptcy too many times.6)
Being rude and hateful repeatedly to the public or other directors.7)
Spending millions on a project without voter participation.8)
Taking excessive numbers of international vacations at taxpayer expense.9)
And most importantly not representing the best interest of the voters.Note: The new honorary City Board member was so overwhelmed that she donated her trip to the top petition canvassers. Have fun in Hanamaki !!
Update to Commentary Below July 3 , 2007
For reasons which were not initially apparent, the item to allow a "public comment section" was retained on the city board's Tuesday evening agenda (item 13). When the item was brought to the floor, it received a motion from Director Peggy Maruthur but received no quick second so Mayor Bush declared, "motions dies for lack of a second." First, from the commentary below, note that this item should not have even been on the agenda. Second, one must ask, why was it on the agenda? The final analysis would determine that an ill-conceived plan or perhaps, even a scheme, was devised in an effort to embarrass us into never again having the nerve to ask our city board to allow the citizens a voice at city board meetings. Unfortunately, for the mayor, the plan was too obvious and likely too transparent to their vast viewing audience. If you haven't seen the city board meeting yet, the reruns are at 7 PM each evening on cable channel 15. Check them out a judge for yourself if our mayor is representing anyone other than the "good old boys" who run him and the city. Also judge for yourself as to the mayor's arrogance. Finally, make your own determination as to which board members are actually trying to represent the citizens who elected them. Now please, reread the last two sentences of the following commentary and see if you agree.
Why are they called 'Public' Meetings or 'Public' Servants ? June 30 , 2007
Our good members and the public need to know what happened at the city board agenda meeting Tuesday afternoon. For the fourth time, we went through the city's red tape, filled out all their special forms, met all their schedules, jumped through all their designated hoops, etc. and once again requested a city board agenda item to present the possibility of adding a "public comment section" to future city board agendas. Our request was once again rejected and the board will not even hear the request during their public meeting next Monday evening. It is ironic how our City Manager and mayor are so quick to point out that there is indeed always a method which allows our citizens to speak when the truth is that even a request to be heard can be rejected by the mayor and his board. Our distinguished mayor started the discussion on this item by stating that he, personally, did not think the board should even hear this item. No other board member disagreed with him so the right of our citizens to speak once again took a hard hit. We have pointed out on numerous occasions that it is hypocrisy to even call board meetings "public meetings" when the public is not allowed to speak. Of course, most citizens are afraid to speak to this particular board anyhow because of the rude, arrogant, condescending manner in which citizens are treated for daring to have the nerve to speak to such important self-serving pompous individuals.
It is time that we citizens send a strong message to those who were elected to serve the public that the public will not only be listened to but will be treated with dignity and respect. It is highly unlikely that our current board will even consider changing their present modus operandi but the public can certainly change the board and elect a group that will operate in a respectful and representative manner.
It is past time that our elected representatives discover that public meetings are places where the public can meet and be heard and public servants are actually elected to serve the public.
Hot Springs Police Get a Manipulated "Black Eye." Could it Be?? June 24, 2007
By now most everyone has seen the video of a Hot Springs policeman abusing our innocent young people downtown in broad daylight. We did a little investigating and came up with some possibilities you may not have considered. Just for grins, ask yourself the following questions.
Could it be that anyone can put together any kind of edited video and publish it for the world to see on You-Tube? In fact, isn't this the site that is known for weird, off-the-wall videos?
Could it be that the 19 year old 'kid' was cautioned numerous times including the same morning the infamous "You -Tube" video was made not to skateboard downtown on Central?
Could it be that the 19 year old 'kid' went back home, got his still camera and his video camera, called his 21 year old friend and 4 juvenile skateboarders, and told them of a plan to make them all 'stars' on U-Tube for Skateboarding day?
Could it be that conniving young minds agreed to provoke an officer known to have a short temper into arresting them by giving him the old finger, calling him names, and purposely violating the law by skateboarding in front of that officer?
Could it be that they planned to stop the taunting once the video tape started and start talking about how skateboarding is not a crime, except the young innocent girl forgot and continued to throw in a few extra "f--- you cop" even after the video started? (Listen carefully to the tape)
Could it be that a couple of the innocent teens actually beat the mean officer in the back while he was attempting to subdue another of their group?
Could it be that they actually injured a 67 year old civil servant who got in the way during their exuberant filming of police cruelty?
Could it be that some of these same innocent young skateboarders provided the graffiti on the downtown parking garage, bent or broke downtown plants, super glued downtown merchants locks, or ripped down the "No Skateboarding or Rollerblading" signs?
Could it be that these innocent young people are successfully using the media to make our protectors look bad?
Can it be that we will continue to be manipulated to condemn our police department so our youth can retain their innocence?
Hot Springs Directors Have Skewed Priorities June 24, 2007
The burning question residents of the Hot Springs Metropolitan Area must soon address is simple. Does Hot Springs really need a new city hall? Many people seem to think that there are numerous projects which deserve a higher priority than spending over $14 million for a new city hall. Most of the projects typically mentioned could be generally categorized as public welfare and safety. Specifically, too few police officers, poorly equipped fire and police departments, needs for additional fire stations, an overcrowded jail, the leniency of our courts, our mounting crime rate, and traffic safety hazards such as the downtown bottleneck. Just this past week, we saw news accounts of several traffic accidents claiming more lives on our streets. We saw news reports of bodies being found. We even saw news reports of people being murdered in our city.
Heaven help us if we become complacent and allow such loss of lives to become acceptable statistics. What are our leaders doing about the situation? How about less than nothing? We haven’t even heard of a plan. The only plan we have heard is how they want to spend our money for a new city hall. Is the expenditure really necessary or is the true intention of our city leaders to construct a place where they can display their engraved names so future generations can read them and think they must have been important people? Are our city leaders blind to real priorities? Well, they did want a new city hall so badly that they declared it to be an "emergency" and even voted to deny their citizens their right to vote on the issue. Thankfully, due to the efforts of thousands of concerned citizens, we now will now have a voice and a vote.
Do you suppose our city leaders don’t realize how unsafe our area is? Our leaders were told that of the approximately 350 metropolitan areas of the United States, Hot Springs is rated as the 13th worst. In other words, only 12 metropolitan areas were found to have a higher a crime rate than Hot Springs. The ranking is based on actual felony statistics tabulated by Morgan-Quitno and may be seen at http://www.morganquitno.com/cit07pop.htm#5. Look for the most dangerous 25 metropolitan areas at the bottom right of the page. Books and the basis for their ratings can be found at http://www.morganquitno.com/booksinfoCIT.htm. Links to these and other reports can also be found on our website, www.Hot-Springs-Metro.org. You may recall how our city leaders dismissed this report as not using proper data and how it was inaccurate simply because they (our city leaders) said it was wrong. It is somewhat more difficult to dismiss recent local headlines reporting individual statistics which are later compiled into independent reports such as Morgan-Quitno. For example, this weekend’s news of traffic deaths, bodies being found, and people being murdered are hard to dismiss as inaccurate.
Should it perhaps, be a higher priority to use the $14 million earmarked for a city hall plus the $2 million contrived "surplus" our City Manager reported for public welfare and safety? How much help would $16 million provide toward eliminating traffic hazards, hiring additional police, improving communications and other equipment for police and fire departments, and perhaps, even building a new jail? If you split the money equally, that equates to $4 million for each project. Certainly enough to make a difference and to save some lives. After just having such a devastating loss of life during this past week, do you suppose our city leaders are, or are not, concerned enough to reconsider their ill-conceived priorities?
Boldly walk up to your city director or City Manager and ask them, "what is a life worth to you?" Then ask how they justified a new city hall as "an emergency" and as being their top priority.
Editors Note: This item was also submitted to the Sentinel Record for use as an editorial item. Watch for it.
What is Wrong With This Picture? June 19, 2007
We have a city director who owns a wholesale fireworks company. By the director's own statement, his fireworks company has provided the fireworks and/or coordinated the displays for the City of Hot Springs Fireworks Shows for some 25 years. At last evening's city board meeting, a citizen pointed out that this director had a conflict of interest and that he should not participate in a board agenda item which would waive legal competitive bidding requirements and allow the director's company to once again provide this service to the city without taking bids. The director made a lot of noise about the fact that some $30,000 in funds were contributed to the city and this process had been used for 25 years. We totally fail to see why the source of funding or the length of time has any bearing on the legal requirements or how his rants could possibly be construed as eliminating a "conflict of interest" on his part.
Let us throw in another scenario. At the same board meeting, another citizen pointed out an additional conflict of interest. The citizen stated that any director who owned a sign company should not participate in the impending vote to allow temporary signs in the downtown area. You guessed it, the same director that owns the fireworks company also owns a sign company and, true to form, he made a lot of noise about the limited area the sign ordinance would impact and how his company didn't even make "those kinds of signs." He chided the citizen for not having his "facts straight" and then proceeded to vote for the item.
Okay, lets just suppose for a moment that the director's belligerent blather somehow made sense. The limited area the sign ordinance covered includes yet another of the director's businesses. If the ordinance passes, he can now place sidewalk signs in front of his own downtown business. Apparently, in his mind, this isn't a conflict either. He voted to allow his own downtown business to use temporary signs although other businesses in town are deprived of this ability.
It appears that this director neither knows or wants to know the definition of "conflict of interest." He has arrogantly and loudly criticized numerous citizens who have tried to explain to him what constitutes a "conflict of interest." We think it may well be time for the Arkansas Attorney General to provide the definition for him. Perhaps, it is time we all take a long, hard look at which of our directors are only representing themselves and which are responsive to the public they were elected to represent.
Editors Note: Also see the letter from "An Observer" in the "Discussions" section dated June 19, 2007 for some more insight relative to this subject.
You Too Can Be a City Director June 9, 2007
We plan to select one member of the GGGG to become an honorary member of the City of Hot Springs Board of directors. Among the privileges that come with position number 8 is that you get a vote on the bond issue (of course as an honorary director you don’t just get to vote automatically, you have to get a couple of thousand of your fellow voters to empower you but this has been taken care of)
One of the perks of the job is that you get a vacation to Hanamaki. Our Honorary Board member doesn
’t get plane tickets on a 747, there is no unlimited booze at taxpayer expense, the taxpayers aren’t buying your food at pricy restaurants, and you can’t stopover to do unrelated business in Dallas. However, since you will be taking your own car and filling it up with your own $3 per gallon gas, you will have plenty of room for an ice chest to carry baloney sandwiches and moon pies. Yes, you are really going to Hanamaki, Missouri (also know as Branson). Your trip includes deluxe accommodations for up to 4 and a cell phone with limited coverage.The lucky Honorary Director will be chosen from a random drawing at our next meeting. For every 16 signature petition form you turned in during the petition drive, you will receive one entry for the drawing. You must be present to win. Additionally, of the members present who turned in the most petitions, the top dozen will be appointed as Honorary Hot Springs City Managers with expense accounts good for one meal. All managers will receive their dinner at El Chico for free. Tax, tip, and booze are not included. Remember, this is just an honorary position.
Enjoy your honorary positions and don
’t take unreasonable advantage of us. Any honorary Director or City Manager that attempts to do any of the following prohibited acts will be recalled from their Honorary positions:1)
Creating a permanent bottleneck on any major road in town.2)
Placing stop signs and blinking red lights in front of your business just for fun.3)
Closing the access street to a multimillion dollar parking garage.4)
Collecting Millions of Dollars in taxes after the tax’s purpose has ended.5)
Cursing at a public meeting because you are forced to make a tie breaker vote.6)
Filing for bankruptcy more than three times.7)
Repeatedly being rude and hateful to the public and other leaders.8)
Spending millions on a project without voter participation.9)
Taking excessive numbers of international vacations at taxpayer’s expense.10)
And most importantly, not representing the best interest of the voters.One of our more creative members submitted these ideas and provided the rather intriguing gifts.
Deception May Not Be the Right Word May 21, 2007
I’m having difficulty finding the right word for what our city leaders are currently up to. Words that immediately come to mind are deception, misinformation, and even lies but it is really hard to describe what is going on. Perhaps it would be easier if the events and actions are outlined. Since I have yet to decide on the proper word to use, I’ll just insert an "X" where the word should go.
"X" number one finds the City Manager and mayor bragging about a surplus that will be created by allowing the taxes for the civic center to purposely continue for several months past the actual time necessary to pay off bonds for the civic center. The time was extended in spite of the Arkansas Constitution which states: "The special tax shall never be extended for any other purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness." That wording seems very clear even though we now have financial advisors and bond attorneys (who stand to make a great deal of money) that may have found a loophole or two.
"X" number two finds the City Manager, mayor, and some board members telling us that the "accidental" surplus from the civic center tax can be diverted and used to purchase the property for a new city hall. This diversion was approved by a 6-1 vote although the Arkansas Constitution states, "no moneys arising from a tax levied for any purpose shall be used for any other purpose." Additionally, the ballot language used for the civic center bond vote states that the tax "will be used solely to retire the bonds..." At worst, their vote both violated the law and the intent of the Constitution. At best, their vote demonstrated that citizens can never again trust this board to keep their promises to the voters.
"X" number three finds the City Manager playing a "shell game" with funding for a new city hall. He has discovered that gambling revenues from Oaklawn and unapproved "turnback funds" cannot be used as the basis for a bond sale. Since he has no unencumbered funding, this means he must contrive a shell game to make it look like different funds are actually being used. To accomplish this, he devises a scheme which uses the franchise tax we pay on our electric, gas, telephone, and cable bills to pay for the bonds. He then convinces the board that he will replace the money taken from franchise taxes with gambling money and turnback fund increases he expects from the state. The board buys it. The citizens don’t.
"X" number four finds the City Manager and most of the board telling the citizens that they do not deserve a vote on the issuance of some $8.7 million in bonds that would ultimately cost the taxpayers over $14 million. This action was attempted to be passed rather quickly and quietly. This is the most important of all the issues because their attempt is to both silence the public and deny our right to vote.
"X" number five finds the board "declaring an emergency" which will allow the bond sale to go through much faster than usual. The City Manager says that not declaring an emergency means it could take an additional 2 or 3 months and "interest rates could go up 2 or 3 percent during that time." History has never seen that rate of inflation but no one challenged this as being ample reason for declaring an emergency. The Arkansas Constitution describes an emergency as being "...necessary for the preservation of the public peace, health and safety..." Arkansas courts have also held that the public peace, health, and safety must be impacted for an emergency to be declared. One cannot help but wonder if our directors even care about our legal liabilities.
"X" number six finds the board voting to legally change the wording of all Hot Springs Code references from "Franchise Tax" to "Franchise Fee" and then laughing about their actions. This appears to be nothing more than a blatant attempt to allow the City Manager and board to continue trying to sell their huge expenditure as a project that will "have no affect on taxes." What a deal! This is probably the most obvious issue of an attempt to "pull the wool over our eyes" and it truly deserves a better definition.
After careful review of available words to describe the above actions of our city leaders, I finally decided on a word that I have never heard outside of Arkansas and although it is seldom used today, it was quite popular many years ago. The word is "Tomfoolery." To save you young folks from having to look it up, the following definitions were found by an internet search: foolish behavior, nonsense, senseless behavior, trifling or silly behavior, fooling around, a silly act.
Synonyms include: antics, balderdash, baloney, banter, blatherskite, buffoonery, bunk, capers, claptrap, clownishness, craziness, flimflam, folly, fooling, frolic, harlequinade, hogwash, horsefeathers, joke, lark, lunacy, malarkey, monkeyshines, piffle, poppycock, rubbish, shenanigans, shines, trash, trick, and twaddle.
Now I’m really confused because I think all of those words work rather well
On a serious note, whenever our city wants to spend over $14 million of our hard-earned tax dollars and we have board members who have taken multiple bankruptcies or have police rap sheets, yet are making fiscal and legal determinations on our behalf, we should become skeptical. We taxpayers not only have the right to voice our opinions and to vote but in such situations, we think it is mandatory that we speak up and force the issue to recover our right to vote. The petition to "Recover Your Right to Vote" and place the city hall issue for a vote of the people is currently priority number one with the Garland Good Government Group. Please join us Thursday evening, 7 PM at the Maurice Room in the National Park Medical Center. If you need more information, see our website at www.Hot-Springs-Metro.org or call us at 282-2811 or 617-4777.
Note: A highly edited version of the above commentary was printed as a "letter to the editor" of the Sentinel Record on Thursday, May 24, 2007.
Report on City Hall Activities of Monday, May 7 May 8, 2007
Due to actions by your Hot Springs City Board of Directors, we now are committed to a bond sale that will cost the taxpayers of Hot Springs more than $14 million over the next 25 years. In fact, it was so important that the bonds be sold immediately that the board also declared their actions to be an emergency. It should be noted that directors Maruthur, Edwards, and Smith voted to allow the public to vote on the issue. The mayor broke the tie which denied the people's right to vote. There will be no further input from the public allowed. In fact, a hardly publicized impromptu public hearing was held during the meeting last evening so the city now will accept no further public input. It should also be noted that the mayor broke the normal speaking procedure for public input on agenda items by (at the last minute) requiring the speakers for other agenda items to speak only during the public hearing.
Be assured that the Garland Good Government Group is working to determine how best to allow public involvement. It currently appears that a petition for a referendum may be the only remaining opportunity for the citizens to have a voice in how their money is spent. As soon as our research is completed, we will publish this information on this site. Hopefully, this will be completed within the next day or so. If you have questions or concerns or simply wish to help, please call us at 282-2811 or 617-4777.
A Tax By Any Other Name Is Still A Tax May 4, 2007
Our illustrious city leaders are positioned to ease an important issue through with no fan-fare at their board meeting Monday (May 7) evening. Fortunately for our hard-working taxpayers, their poorly disguised attempt to rename a tax and begin calling it a fee is apparent to several citizens who have yet to fall off of the proverbial "turnip truck." The all too obvious reason for their actions is that our city leaders are trying to ram the new $14 million city hall funding through without a vote of the people. Their unfortunate mistake was promising the voters that this can be done WITHOUT RAISING TAXES. It could be devastating to their scheme if our citizens were to discover that the franchise "fees" used as the basis for the bond sale were actually FRANCHISE TAXES. Well fellow citizens, that is exactly what they presently are. You can verity this by checking the last five pages of the City Code at www.cityhs.net/pdfs/code/TITLE5.pdf where you will discover that all of the ordinances refer to FRANCHISE TAXES and not franchise fees as our city leaders are currently calling them. The agenda for Monday (May 7) agenda is available from the city or at www.ci.hot-springs.ar.us/about-hs-boards-agenda.html. Simply check out agenda item 20 titled "Consider Ordinance No. O-07-43 Amending Ordinance No. 2985 Fixing the Amount of Franchise Fees to be Paid to the City by A T & T."
The city's deceitful attempt to cover their mistake by changing the wording from "tax" to "fee" would allow the City Manager to "negotiate" future franchise fee increases with utility companies such as the gas company, the electric company, the telephone company, the cable company, and internet service providers and then blame such increases on the utility companies rather than having to call it an increase in our taxes. If you are wondering how you pay these taxes presently, look at any of the above mentioned utility bills and you will see an item listed as a franchise tax or fee. This is the tax amount the city charges the utility company for the privilege of operating within the city limits of Hot Springs. It should be obvious that the utility company would not strongly resist if the city increases this charge whether it is called a tax or a fee because all such charges are totally passed through to the customer. The bottom line is that taxes on your utility bills are about to go up but the city will be allowed to call it fee increases rather than having to call it tax increases. The whole thing is just a bit too sneaky but is indicative of how our city is being controlled by a handful of selfish and, perhaps, underhanded individuals.
To help inform the public of such shenanigans, we are in the process of forming the Garland Good Government Group. We hope to also help bring some honesty, accountability, and transparency to the actions of our local government entities. Please join us at our next meeting 7 PM, Thursday May 17 at the Maurice Room of the National Park Medical Center. For more information, see our website at www.Hot-Springs-Metro.org.
The above article will be revised based on the actions of the city board and submitted to the Sentinel Record as an editorial.
City Mistakes - A Guest Commentary by Fred M. Dierks April 30, 2007
Several weeks ago the Sentinel record reported council men’s comments about the proposed new City Hall project who said:
"We need new facilities to consolidate ----" – "City Hall is 50 years old and is outdated." – "The main benefit is to have everyone together" – "The City has needed a new municipal building for several years" – "Most thought it OK to use tax money for other purposes for a new city hall."
This would all be nice, but aren’t there more pressing things needed by the city. When the city approved the building of Summit Arena which adds thousands of extra people in town it puts a massive load on all the city services namely law enforcement, jails, parking traffic, fire protection et al. I am amazed by the number of tourists that are now brought to town by locally promoted events. The exclusive franchise of the "Games of Skill" Casino for the race track will also add visitors in town to spend their money if they have any left after using their skills. The City Council and City Fathers have been good at promoting the city, but have been short of proper thought and planning for this population load..
Mistake #1 Build a 6,000 seat arena and auditorium with inadequate parking. Broadway was made into an obstacle course around flower beds to add a few parking places for the project. Executive Suites was allowed to build right up against the Arena with no incorporated parking, only a parking lot even further away from the Arena.
Mistake #2 Build a Bath House Row parking deck with trickling waterfalls in it’s front and a hidden entrance so no one can find it.
Mistake #3 Closing two of the four lanes of Central Avenue traffic for three blocks causing a serious traffic jam during convention time and tourist season. Except for this pinch point of restaurant, art galleries and girlie shows, Central Avenue has four lanes all the way from Park Avenue to the lake. At times during rush hours the traffic backs up all the way from the Arlington Hotel to Grand Avenue causing a serious problem of ambulance delays and police protection for the residents up Whittington and Park Avenue. These traffic delays are not only are detrimental to the quality of life of our residents but the idling cars are destructive to the environment and costly in gas and car maintenance.
Okay. So over 20 years we made a few mistakes that are so evident now on hindsight but lets go forward and see what needs fixing before we spend our last dollar of spending power on a new City Hall. It would certainly be helpful for the taxpayers to be shown an overall plan of expected city needs and costs for the next few years and how we pay for it. What will be done with the old City Hall. I hear a parking lot. No! A big parking deck would alleviate Mistake 1. This could allow giving part of Broadway back to the citizens by removing it’s obstacle course and would provide parking where it is most needed.
Mistake 3 can be solved by taking back the city’s Central Avenue’s four lanes. If adjacent owners want 24 hour curb parking let them move the curb and their building back ten feet. Or why not help the property owners with their parking problem by contributing to an improvement district to build a parking deck say next to Lockwoods. Or – Put a parking deck at the Goddard Hotel. Or think out of the box and ask why not put City Hall on top of one or both of these decks.
Mistake 2 is a tough one to fix but obviously the architect or planner was more interested in looks than use. If you tear out the pretty walkway and put the road back from Central to the parking deck you would probably need a another stop light on Central, certainly something we don’t want. More prominent signs would help but try this: How about using 6/8 seat golf carts on busy days and hours to deliver people up and down central and to the parking deck? Operate them on the sidewalk like at the DFW airport in Dallas.
I was sorry to see the stop lights started up again on both ends of Bridge Street. Are they necessary to maintain the shortest parade Ripley rating? If not why not make Bridge St. One way eastward, replace the Broadway light with a Bridge Street stop or yield sigh, and perhaps leave a pedestrian push button light on Central that is coordinated with the other stop lights?
The Central/Ouachita triangle arrangement is working well and is a worthwhile change. Now if it ain’t broke, don’t fix it.
After noting the last two City Council meetings they are apparently going to ram the City Hall project through without voter approval or more study since they have engaged a company to handle their bond issue. It has apparently been worked out legally how to finance the project with excess funds, some for other projects and finally a bond issue for the rest. For anyone to mention any of the three major mistakes they made, they don’t want to hear about it. Their PR and efforts to increase tourist attendance has been brilliant but I sense a bit of arrogance like "buzz off jr.". But I think the taxpayers of the City have been neglected in the basics; by indifference to traffic, parking and service problems generated by the City’s tourism growth. This makes me wonder about the adequacy of other city services such as police protection, jails, new required road work such as Higdon Ferry road. I wonder about the judgment of who will design new project or fix the old ones. Will they hire again the same people that helped them make the three mistakes mentioned above?
Note: The above commentary also appeared as an editorial yesterday (4/29/07) in the Sentinel Record.
Shell Games A Guest Commentary April 19, 2007
Myers says he will use "existing utility franchise fees" to service the new bonds for the new City Hall. His strategy, of course, is to designate that (or some specific) source of "revenue," rather than general fund money (tax revenue), so that he will not need voter approval for the bonds. But his assertion must mean that there is an unencumbered stream of surplus revenue from the utility operation. If so, where is that money accumulated? Myers must be made to explain his stream of unencumbered money (meaning not pledged or used for any other purpose), and if there is such money, where is it? My guess would be that there is no such thing - that every dollar the utilities services bring in is spent. That means that if "utility franchise fees" were diverted to pay the new bonds, that diversion would have to be made up, either by general (tax) funds (a no-no) or by - you guessed it - an increase in utility rates. That is the shell game that is played, and approved by the Court in Harris v Little Rock. The Court (with the exception of J. Glaze) subscribes to the notion of "entrepreneurial government" discussed below, and thinks that a fee is not a tax (although using a franchise "fee" that everybody must pay might test the limit of that idea). What the bureaucrats did in Harris was to raise the user fees on certain recreation facilities (not on everybody), and then use the increased revenue to service the new bonds. They got away with it. Here, Myers may have blocked himself by saying (in his blurb April 13) that the existing level of rates would suffice, which means that he now has a surplus. If he has a surplus, then why hasn't that been a reduction? But then, contrast that with the quote in Thomason's piece, in the 2nd paragraph from the end, attributed to some "Finance Department document," that utility rates will have to be increased to service the wastewater facility debt after all the contemplated draws have been made to complete construction.
Shell games.
To recap, somebody should make Myers explain his implied existence of an unencumbered and unused stream of utility franchise fees which he says he will use to service the new bonds for the new City Hall. The notion of "entrepreneurial government" is wide-spread, and not found just in Arkansas. It is, basically, a form of socialism, dressed up as "government capitalism," where government entities and bureaucrats undertake projects, pretending to operate on some sort of business model, with themselves in charge, but using taxpayer money. They depend upon political pandering and the ignorance and disinterest of the citizenry to keep them in power. This societal illness historically ends in tragedy, but while it runs, politicians, bureaucrats and judges love it. In the end, the taxpayers are left holding the bag. State constitutions initially prohibited almost every variety of it, but over the years those protections have been diluted and undermined by legislators and judges, so that now just about anything goes. A reading of the Arkansas Constitution, concerning municipal debt for example, illustrates the process.
Who is working for Whom? A Guest Commentary by Ted C. Burhenn April 13, 2007
Remember when JFK said "Ask not what your country can do for you, ask what you can do for your country"? Well I just returned from the Hot Springs City Council Agenda Meeting, and our City Manager and most of the Directors are taking that quote to a new level. They are prepared during the next Monday meeting to take the $2,500,000 (yes over two million dollars) "surplus" money taken from your tax money, dedicated to the Civic Center, and spend it on a new City Hall. Total cost will be over Ten Million. Our City Manager, was quoted last week in The Sentinel-Record as saying, "There are no plans for a public vote on this issue." The resolution is worded such that there is very little "wiggle" room for the Directors as to how the money is spent. They also will most likely approve an additional $11,500 of your money to have the existing buildings appraised. Only one Director was willing to oppose the Management Machine and request that the Citizens be allowed an input. She was placed on hold for at least another two weeks. Even in the unlikely event that the Directors, as a majority, vote next month to allow citizen input, they will have already wasted an additional $11,500 in appraisal fees. This will be in addition to the $50,000 they authorized during last meeting for an option on a location of management choice.During that meeting the City Manager was asked if a financial fact sheet, spreadsheet or ROI (Return on Investment) existed. He stated that it would be ready last Thursday. What was asked for and what was received were two different things. Justification comes in computing how much it will cost us if we stay in the old buildings, with maintenance and utilities vs. how much the new capital expenses would be with all cost factors included. Somewhere in all those figures, there should be a break even point. In other words we should realize a cost savings of our capital expenses and start to see a return on our investment in a specific number of years. That has not been provided because in all likelihood does not exist. In simple terms it is not justified at this time. What has not been discussed is that you will suffer during the next 10 years (or more) to pay off the bonds required. This means that your quality of service will go down. Roads will not get paved, repairs to the parks will suffer.
So much for the problem. Now for the solution. If you want City Management to spend your money without justification or your input, you are in luck, do nothing. If however you think that the City Manager, mayor and directors should be working for you, call your directors or even better yet take an hour out of your life and go to the meeting Monday. Your presence alone will send the required message. You can and will make a difference one person at a time. That was the true meaning of JFK’s words.
In spite of scheduling errors forcing a reschedule, our editor will be on KZNG - 1340 AM from 7:00 AM until 8:00 AM on Thursday, April 19. This is the local "News-Talk" station and the show is "News and Chat" with Dick Antoine. Please tune in, call in, or whatever. We hope to help inform the public as to what is happening in city government and to publicize next week's membership meeting.
We were recently warned that certain individuals in Hot Springs were working to find a "hacker" to gain access to our computers. In view of the fact that our e-mail receiving PC was indeed hacked into, we decided that everyone should be privy to the information we left in our e-mail PC for such hackers. Following is the exact text.
"Congratulations geek. You have proven to be quite good because you managed to hack into a very secure computer. You have no doubt noticed that there is no way to access our website from here and that there are no e-mail records or tracks from people who have contributed to our site. In the interest of helping you, we can tell you that information resides only on a PC in Texas that is not connected to the internet or any network. Our e-mail records are immediately sent via secure methods and then transferred via flash card to the isolated PC."
We also wish to thank our technicians for being able to identify the hackers who infiltrated one of our PCs. These folks have been reported to the FCC and other appropriate agencies. Be assured that your e-mails to this web site will be protected and your e-mail address and name is always kept confidential unless you give us permission otherwise.
We never gave up and our persistence has finally paid off. As reported earlier, we once again requested permission to speak to the city directors during an open session. We are still recovering from the shock but, as of now, our editor is approved and is on the agenda to speak to the directors at their meeting Monday evening at 7 PM. What is even more amazing is that the topic of our presentation is "Improper Actions by City Directors." We just noticed that this date is also the day after April Fool's Day and wonder if there is some sort of cruel joke awaiting us. Nonetheless, we are preparing for the presentation and invite our loyal readers to come join us, show support, or even sign up to speak even if it is only a brief comment or two. This may be our one and only opportunity for a long time.
It was rather strange how our approval occurred. The mayor even asked our editor to come to the lectern because he had questions. His questions were basically, "what have our directors done wrong?" Our editor pointed out that he would need a lot of time to describe all of the things but did give a couple of examples such as, a director improperly using his position to have a 4-way stop installed in front of his business and a director having no regard for Arkansas laws or regulations and may should not be sitting on the board because he is an embarrassment to them and the city. The director who had had the 4-way stop sign (and blinking red light) improperly installed did become defensive and pointed out that the business he worked for at that location was a 501-C3 non-profit organization and was not making money due to the 4-way stop. Our editor pointed out that this fact did not matter. What mattered was that the director improperly misused his position to have the 4-way stop installed at an intersection where a traffic study clearly indicated that this intersection did not remotely meet the city's criteria for a 4-way stop. The only reason it was installed was due to his improperly using his influence as a director.
If you are wondering why item 10 (Consider Ordinance O-07-35 Adopting Regulations Governing the Extension and "Connection of Municipal Water and Wastewater Services) was pulled from the city board agenda at the last moment, we think we have the answer. It appears that the city attorney may have finally realized what certain people were telling him was correct and realized that he and the City Manager were wrong once again. What appears to have been happening is that the city has been requiring properties that are contiguous to the city to be annexed prior to being provided with city water or sewer services. Many consider this to be a form of blackmail irrespective of the legality. It also seems that since this requirement has not been imposed on properties that are not contiguous, the practice is also discriminatory. Such facts have never deterred our city leaders before and obviously were not going to deter them at last Monday's board meeting. That is, until they were reminded that they were under a court order to cease this practice.
Apparently, or perhaps conveniently, the City Manager and city attorney did not know about the existence of a November 3, 1994 court order resultant from a lawsuit filed by no less that five improvement districts and seven individuals. Some of the details of the suit were that Resolution 2821 approved by the city directors on June 7, 1993 required, among other things, a petition to annex, a "pre-annexation agreement," and deliver a "bill of assurance" to the city prior to being provided with water or sewer service. The lawsuit cited the resolution and this practice as "policies and actions" that violated Article 3, Section 2, of the Arkansas Constitution because the citizens' rights to vote on annexation were "impaired and forfeited by the practices of the city." Violations by the city of agreements with the EPA, federal grants, and numerous other violations and agreements were also cited but the final order states, "The City is now enjoined from violating those agreements by requiring annexation or promises to annex in the future as a precondition to sewer service. The court also notes, "By Resolution 2977 adopted March 21, 1994, the present Defendants, members of the Board of Directors of the City of Hot Springs, Arkansas, repealed Resolution 2821 which is the subject matter of this lawsuit."
The court order further states, "The Defendants .... and employees of the City are permanently enjoined from doing any of the following:
(a) Requiring as a condition of receiving hook-ups to the city sewer system the execution of an annexation or pre-annexation agreement by any property owner or other individual;
(b) Refusing to provide sewer service to any property either inside or outside the City limits ...."
The court also ordered "that all petitions for annexation and all pre-annexation agreements and all bills of assurance mentioned in paragraph 15 above herein which were executed as a result of the requirements of Resolution 2821 are void ab initio." The Latin term "ab inito used by lawyers simply means "from the beginning." In layman's terms, this means that annexation and pre-annexation requirements were never legal. The city was also required to pay the plaintiffs' attorney fees, etc. Note the similarities of the above language which was declared illegal with what is now proposed by the current City Manager, city attorney, and city board. Excerpts from proposed Ordinance O-07-35 are as follows:
Where annexation to the City is feasible and practical, the Board of Directors may impose annexation as a condition for the provision of the requested line or service extension in accordance with the factors enumerated in Section (c) hereof. When annexation is a condition of such extension, such annexation must be accepted by ordinance of the Board of Directors prior to the provision of water or wastewater connections.
a. ....Where annexation to the city is feasible and practical, the board of directors may impose annexation as a condition for the provision of the requested line or service extension in accordance with the factors enumerated in Section 3 hereof.
b. Connection requests. Requests for new service connections (meter sets or line taps) at locations that are contiguous to the then existing corporate lines of the city shall not be installed until the property owner(s) of the property for which the service connection has been requested shall have filed with the Garland County Clerk a duly executed petition to be annexed to the city of Hot Springs.
The City Manager and his eager subordinates, the city directors, are working hard to build themselves a $10 million (city hall) monument on which they can place their names. This, of course, will be at the hard-working taxpayer's expense. Last evenings city board meeting demonstrated the lengths to which they will go to accomplish this goal. At worst, they are violating the law by using tax money that was specifically approved and can legally only be used for the civic center project. At best, they are violating the public's trust by misusing tax money that was approved by the citizens only for the civic center.
We have heard for months how the civic center bonds will be paid for early, likely by April 1. What we weren't told is that Myers intends to not stop the tax until June 1 and use the estimated $2.1 million improperly collected surplus of these funds to purchase the old Ouachita Hospital (DHS building at 115 Market Street). His pawns approved giving a former city director and A&P chair a non-refundable $50,000 to hold the property for the city until September. It appears there may be some very questionable financial dealings here and the citizens may want to know all the gory details before so flippantly spending more of our tax dollars. The four proposed funding sources for a new city hall listed by Myers during the March 19 city board meeting are very weak at best. Myers listed Enterprise Funds, gambling revenues from machines at Oaklawn, state turnbacks, and the "surplus" money generated by not ceasing the half cent sales tax for the civic center bonds for a couple of months.
To determine how viable these funding sources are, we offer our view and cursory examination of each. First, Enterprise funds are those funds collected for water, sewer, etc. Recently, Mr. Myers stated that the water and sewer departments were self-funding but funds for other city departments were short. In fact, his initial report was that the city could not even afford to provide our police and fire departments with an annual cost-of-living adjustment. Numerous rate increases for city services have recently been approved by Myer's directors, some of which were quadrupled. These facts indicate that we could likely also face significant rate increases in water and sewer services due to the funds derived from such services also having to pay for a new city hall.
Secondly, we understand that gambling machine revenues should not be considered as a firm dependable amount that can be budgeted. In fact, we were told that it is not legal to do so. The bottom line indicates that the gambling 'gifts' from Oaklawn are insignificant ($3,500 to $12,000) and would barley make a dent in debt service for a $10 million obligation. Thirdly, Governor Beebe's proposed state turnback increase ($50,000 to $100,000 for Hot Springs) is strongly opposed by both Senate President Pro-Tem Jack Critcher and House Speaker Benny Petrus. These funds are very questionable and would also make only a small contribution to the debt service of $10 million. Finally, the $2.1 million which Myers plans to use for the property purchase will possibly be found to be illegal (see the handout). Even if he somehow manages to get the bond counsel and city attorney to say that it is legal, this is unethical. Whatever credibility he has could be totally destroyed when the taxpayers realize that he is extending a tax they approved for the civic center so he can declare it as a surplus and use it for a purpose other that what the taxpayer voters intended.
Is it possible that Myers already knows these funding sources will not be sufficient and he has simply moved our brilliant city board into a position where they will have no choice but to approve more rate increases for city services plus an increase in property taxes because we are too far along to go back? Remember, Mr. Myers applied for a job in New Braunfels, Texas last year. Could it be that if and when Hot Springs cannot recover from being so deep in debt, having exorbitant utility rates, and our taxes become unbearably high that Mr. Myers will simply apply for another job and leave us to pay for his mistakes?
Please click here to see the handout provided to the city board members at their March 19 meeting. This handout clearly describes why it could be illegal to use tax money collected for the civic center to buy property for a new city hall. Video of the presentation made by our editor can be seen by clicking here. In the interim, you can see the proceedings for yourself (early in the meeting) on city channel 15 at 7 PM any evening this week. Note that no one even questioned our editor's statements. Maybe they just don't care what is legal or illegal.
UPDATE (3/21/07): Please note from the record of the most recent city board meeting, radio comments of the City Manager, and quotes in today's Sentinel Record that the City Manager, city attorney, and other city representatives have admitted that they knowingly and purposely intend to provide for the collection of taxes over and above those required to pay off the civic center bonds. This action appears to be designed for the sole purpose of creating a surplus that would otherwise not exist. This fact is key.
Hot Springs City Board meetings often have entertainment value reminiscent of a circus but last Monday’s meeting was far more entertaining than most. This meeting got going by featuring shouting matches typically only available on cable news panel debates. And, just when you thought it couldn’t possibly get better, it did. There was quite a lot of comedic confusion, a sprinkling of timely drama, and some generous demonstrations of macho egos.
Oh, it was great fun and you simply must catch the reruns on cable channel 15 at 7 PM. It promises to be better than anything else on at that time. The only part that isn’t funny is when you realize that the participants are our elected representatives playing out personal agendas that have nothing to do with the safety, welfare, or best interests of the citizens they were elected to represent. For example, we have a director who states that he personally has a "problem with the ducks" when apparently, no other person in town has such a problem. It has previously been pointed out to this director that he has a conflict of interest because a relative of his works with a competing duck company. One of his excuses was that he didn’t consider his stepdaughter’s husband as a relative. This makes one wonder if he claimed his mother-in-law. At one point, when the rather loud melodrama was about to digress into an action thriller, the mayor told a citizen that he was "out of order" and he should "sit down." The director who started the shouting was not so admonished.
When another item which apparently was placed on the agenda by the same director came up, I pointed out that it was not appropriate for a director who owns a sign company to place sign related items on the city agenda, to participate in discussion of such items, or to vote on such items and to do so is a "conflict of interest." I mentioned no names but when a director stated that no directors owned a sign company, director Daniel spoke up and said that I was talking about him. One really needs to watch the director’s forceful diatribe on television or at Hot-Springs_Metro.org to appreciate how he handled the situation. His rude condescending attitude and attempts at intimidation included such statements as, "you know everything .... why don’t you know this only involves the ducks .... you need to do you homework," etc. etc. Please note that several minutes following his incorrect statements were spent with the assistant City Manager, the City Manager, and another director describing the plethora of items and issues the proposed ordinance would impact. Not the least of which included now allowing the sign company director to place his portable signs in Hot Springs. Despite the director acknowledging that he "will not vote," he did strongly participate in the discussion. The motion passed 4 to 2 without the director’s vote.
It is unfortunate that many of our directors still apparently have no understanding of "conflict of interest" because we continue to see unjustified 4-way stop signs installed in front of their businesses, contracts awarded to them, their friends hired for city jobs, and the list goes on. I once again have a pending request to be placed on the agenda to speak about their need to embrace open government by allowing a public forum to speak at public meetings, to represent the people rather than their friends or selfish interests, and to learn the meaning of "conflict-of-interest." What are the odds I will be allowed to speak on these items?
Mr. Daniel even stooped to publicly pointing out that I lived in the same subdivision as the duck owner. This is childish behavior. I didn’t point out that a sex-offender lived in his subdivision because neither is relative to the issue. I recently heard that politics is like show business for ugly people but I don’t fully understand why this thought again came to mind right after leaving the sideshow at city hall.
UPDATE: Check out these videos for the real facts. Click here for Video 1 which is our editor pointing out that directors need to learn the meaning of "conflicts of interests" and director Daniel lying about the limits of the ordinance. Click here for Video 2 which is the Deputy City Manager and others contradicting Daniel by explaining all the things that are actually in the ordinance. Click here for Video 3 which shows the vote and director Daniel arguing for the ordinance.
The New Official Name of the MLK Expressway and Central Avenue Intersection is "DYSFUNCTION JUNCTION." The final vote tally was: Dysfunction Junction - 195, Malfunction Junction - 80, Crappy Crossroads - 9, Bottleneck Number Two - 8, Bush's Folly - 5, Idiotic Intersection - 1, Political Misfunction at the Junction - 1, Tim's Turnaround -1. We sincerely thank the 300 readers who voted.
It is not too late to catch the latest city board meeting on television. This one was not quite as downright funny as some but if you know the facts behind what is going on, it does have some entertainment value. The downtown ducks were back on the agenda for the umpteenth time. Also note that director Smith voted against his buddies on a couple of items and even caused those items to pass that his amigos and the mayor voted against. It should be noted that his votes came after his buddies failed to second a motion he had made. It has to be very embarrassing to offer a motion and absolutely no one will second it.
The ducks item was back on the agenda because of possibly inappropriate action by the city board at a previous meeting. It seems that director Daniel wanted the ducks to only load and unload on Central because this forces tourists to walk by Central Avenue shops (including his) and loading and unloading on Exchange Street would not bring tourists to the downtown businesses. This could be a logical argument except for the fact that he definitely "has a dog in the fight." When the ducks owner and an attorney pointed out that director Daniel had an additional "conflict of interest" due to his being a relative of the duck's competition, he still participated in the discussion on the motion against the ducks and voted to force them to stop loading or unloading on Exchange Street. He did offer a brief dissertation on the definition of a relative, something along the lines that the husband of his step-daughter should not be considered as his relative. Perhaps we are missing something here but it seems that the safety of the public should be a more appropriate consideration. Would it not be safer to load and unload anywhere other than alongside the heavy traffic on Central?
When you examine the more esoteric aspects of motivations and subsequent actions at the most recent board meeting, you must note that all involved parties were in agreement with a recommended solution. The duck owner wanted to get off of Central Avenue when traffic was particularly heavy. The bed-and-breakfast opponent agreed that moving the duck one space and installing a loading space would solve her problem. The Exchange street restaurant owner also agreed that this was a viable solution. You would think that, "Okay, everyone is now happy," vote for this solution. Nope, only director Maruthur and Smith voted aye. Apparently, there were other motives in play. Could there possibly be a hidden agenda? Could it be that a director had convinced other directors to vote with him irrespective of whether such a sensible solution was offered?
What was the deal with allowing a home-based business on Golf Links? Well, it appears that a fellow wanted to do leather repairs on shoes and tack at his property on a street that already has quite a few businesses. In spite of the recommendation of the planning commission and with no apparent justification, the mayor plus directors Weatherford and Daniel voted in opposition. This appears to be where director Smith jumped ship and voted against his amigos. Either this confused director Jones or she is beginning to decide issues for herself. We certainly hope the latter is the case.
Please read the front page of the February 11, 2007 Sentinel Record about the City Manager's recent "State of the City Report" prior to reading this article so that you may draw the proper contrasts. In addition to the news article, our City Manager, our mayor, and various members of the city board of directors have been providing glowing reports of how well our city is doing. The facts and commentary below are provided so that the public can take the 'spin' off of this report.
The official "State of the City Report" which we will refer to as SOCR says the city's most significant improvement is in economic development. If you attend or watch any city board meeting and get past the fact that they seem to not know what is going on, you then cannot help but wonder why they give builders and developers such a hard time. Also, check the February 7 story below. The SOCR 'spin' brags about our largest new employer in town, ACCENT Call Center, but fails to tell us that this is a telemarketing firm. Several other new jobs in town are also telemarketers, many in the downtown "bottleneck" area.
The SOCR 'spin' touts our new restaurants as being economic development. After seeing how the city managed to delay, if not totally scrub, new Home Depot shopping center and other developments, how can our hypocrites have the nerve to brag about restaurants and other retail establishments? As we have said before, Hot Springs growth is occurring "in spite of our leadership, not because of it." This is especially true for retail growth and service industries.
Note that the SOCR 'spin' uses selected listings from various publications depicting Hot Springs as the cheapest to live in, best property value, etc. Note that Hot Springs ranking in the country's top 50 for major crimes was not included. The 'spin' really goes a bit too far when it says we "realized a decrease in homicides." Our murder rate presently exceeds that of Little Rock for 2007. That is not per capita, that is total number of murders which includes one Friday of this week. Shouldn't a true city report include our 2006 crime standing and perhaps, even the current standing?
The 'spin' reports a publication touting Hot Springs as one of only 4 cities in the entire country that will have growth in the housing market for 2007. Perhaps that publication hasn't been to Conway, Jonesboro, Fayetteville, Rogers, Springdale, Bentonville. Oops, that's more than 4 just in Arkansas isn't it. They obviously haven't been to south Texas or Las Vegas. Could it be that our City Manager gets his publications from the tabloid rack at Wal-Mart?
The 'spin' refers to only to "downtown improvements" without being too specific. Why doesn't the City Manager brag about the fact that, in 2006, we installed sidewalk bump-outs and narrowed the 4-lanes of traffic to 2-lanes? Remember when closing the street to our multi-million dollar parking garage was also referred to as a "downtown improvement?" Why does he separate his self-admitted biggest problem of "traffic congestion" from downtown and Dysfunction Junction and try to tie it to highway improvement projects outside of the city?
The SOCR 'spin' refers to "specific improvements" in city services but fails to mention how much more costs are associated with the excessive downtown lighting and maintenance of such extravagances as our multi-tiered waterfall where a street should be. Improvements and expansions to parks continue to be made but seldom do these projects include the initial capital costs or the continuing maintenance costs. The 'spin' makes it sound refreshing that we have hired a "new Sister City Coordinator." Isn't this just another person that we taxpayers will have to pay to send with city directors to Japan twice each year. Isn't that new employee's salary, benefits, and office expenses just another burden on our already overtaxed citizens?
The SOCR 'spin' brags that the finance department "implemented a new utility billing system." Information we obtained indicates that we paid an exorbitant amount of money for a very expensive software system that is antiquated and is much more difficult to use than the one we already had. Specifically, we obtained a "New World" system and scrapped an "ASI / Associated" AS-400 system that worked very well.
The SOCR 'spin' brags that our cash available of over $11 million and fund balance of over $125 million is in great shape yet the City Manager recently proposed that our police and firemen not receive a raise because the city is "financially strapped." Apparently the 'spin' can work either way depending on what you're trying to sell at the moment.
The SOCR 'spin' brags about future projects such as "completion of three major highway projects." The spinmiester City Manager has presented one of the three as being the new 4-lane highway project on U.S. Highway 70 west which begins at Marion Anderson Road and ends in a bypass around Lake Hamilton. Which part of that is in the city and what did the City Manager have to do with getting that project done?
Oh, the spin is actually deeper in other SOCR items but time constraints kept us from digging further. At least partially, as Paul Harvey would say, "Now you know the rest of the story."
The Hot Springs City Board took unprecedented (and possibly illegal?) action on Monday, February 5 when they overruled the city's Chief Building Inspector, the city's Fire Marshall, the city's Planning Director, the city's Fire Chief, and the unanimous ruling of the city's Construction Trades Advisory Board. In fact, the city board members voted 6 to 1 against their own ordinances, city building codes, the International Building Code, other long-standing requirements, and the safety and welfare of the public in granting a certificate of occupancy (CO) to a building that does not even come close to meeting requirements to obtain such a certificate. The lone dissenting vote to this strange action was from director Maruthur.
It appears, from our investigation, that there are some rather questionable circumstances behind the rationale for the board's actions. For example, some 3 million dollars in federal funds (low income resident designations) appear to be at risk of being lost to the owner of the property if a CO is not granted by December 31, 2006. Yes, that date is correct, December 31, 2006 at midnight. Apparently, the board action on February 5, 2007 is somehow retroactive back to that date. We were told it is possible that final official action was just delayed. Perhaps, it should be of some interest that the building owner offered the city $50,000 if improvements are not forthcoming and he also made some strictly verbal commitments not to begin to move people in yet. Besides the city board being told by all of their own employees and boards listed above that the building did not qualify for a CO on December 31, 2006, they were also told that the building does still not qualify on February 5, 2007, the date of the vote to issue an occupancy certificate. This fact was even confirmed by the building owner and his attorney,
Besides the city board taking it upon themselves to effectively tell their own experts and professionals in their respective jobs that it is sometimes okay to totally disregard rules and regulations and to ignore the safety and welfare of the public, there seems to be a bigger question. That question is: Have our city board members committed some form of federal fraud by becoming the primary party facilitating the obtaining of federal funds that would not, except for their questionable actions, have otherwise been available?
City Board action raising costs for developments, home offices, zoning changes, and other improvements both inside and outside of Hot Springs breezed through with only one vote in opposition (Maruthur) at the last city board meeting. This was not the case when the item was first presented in January. In fact, numerous builders, developers, attorneys, and others packed the house to complain about the exorbitant increases for fees imposed on development. Their vocal outcry complained that such huge increases were unfair, were too expensive, were politically motivated, would stifle growth, etc, etc. It appears that their comments were effective because the directors recommended that the fees on the initial list be revisited, lowered where possible, and brought back to the board. Some charges such as for a "pre-application conference" were eliminated and others were reduced but note that only Hot Springs charges fees for items such as "manufactured home" lot developments. The modified comparison list for such fees charged by other cities was used as the primary basis for justifying the requested increases. It should be noted that we discovered the fees list is not completely accurate and that other cities with much higher growth rates than Hot Springs, such as Conway and Jonesboro, are not listed. Is it possible that cities with lower rates were intentionally left off of the list? Where is Arkadelphia, Malvern, Hope, Texarkana, Pine Bluff, El Dorado, etc.?
Our newly hired planning director, who was obviously given the task of preparing the comparative listing, was quoted in today's Sentinel Record as saying, "At this point, revenue to this department brings in about a 35 percent recovery of the costs. This (requested action) will take it to 40 percent. The public is still subsidizing new development in Hot Springs" Unfortunately, no questions were asked relative to what constitutes "the costs." Is it not likely that "the costs" include salaries, office upkeep, supplies, etc.? Is it not also likely that "the costs" for her department plus other departments such as streets, parks, human resources, traffic, information services, engineering, finance, police, fire, and even the city attorney and administration department does not recover even 35 percent of their costs from fees? Excluding utilities, the bottom line is that city operations in all cities are paid for by the hard-working over-taxed citizens. In Hot Springs, we taxpayers also have the added opportunity to pay for city director vacations to Washington DC, Reno, plus even a couple of trips to Japan each year.
Please note that the fees also now apply for developments outside the city into the extra-territorial jurisdiction (ETJ) which extends some 5 miles into the county from Hot Springs. Although the fee list does a poor job of specifying, we assume that the left-most column titled "Hot Springs" depicts the old fee schedule and the right-most column depicts the newly approved fee schedule which goes into effect March 5, 2007. A copy of the fee study (click here to view) complete with the amounts some selected cities charge is attached. As always, we consider the citizens of Hot Springs intelligent enough to make up their own minds as to what is good or bad for our community. Our primary goal is simply to provide truthful information to the public. Our readers are capable of deciding for themselves if the new fees are reasonable or unreasonable. Perhaps, whenever mayor Bush and manager Myers were recently boasting that Hot Springs may be growing "a little too fast" and that we may need to take steps to "slow down" our growth, this is one subtle method they are employing to accomplish that objective.
Although the connection may not be apparent, due to the recent death of Mr. Dick Kelly, we held off on this story. In case you are wondering when the 9 foot tall statute of Bill Clinton will be erected, it won't. You likely recall that the statue was officially accepted for installation on public property by a unanimous vote of the Hot Springs Board of Directors on January 8, 2007 (Click here and read item 14). Okay, so when and where will the statue be installed? Turns out that it will NOT be installed or even accepted. No, the city board did not rescind their actions and they may not even know that the city has sent notice to the artist that they will not accept the statue. A recent phone conversation with the artist confirmed this and the artist informed us that he will destroy the statue or convert it into a statue of a different person for donation to a more appreciative group. We agree with the person who e-mailed us (February 1) that Clinton is part of Hot Spring's history and irrespective of our political party affiliation, we should embrace that fact. It appears that the only likeness of President Clinton in Hot Springs is the relief picture beside the fountain at Central Avenue and Reserve Street. Check it out and let us know if you think this is a good likeness of our former president. More importantly, we need to know who is it in our city that has the power and legal authority to overrule unanimous official action by the City Board of Directors. Again, the city's official action can be found at: http://www.ci.hot-springs.ar.us/pdfs/agendas/2007/minutes/min1-8-07.pdf.
Congratulations to Hot Springs Police Captain Bobby Southard who was promoted to Chief of Police. This process took an unfortunate setback when our City Manager announced that instead of selecting a new chief, he was narrowing the candidates to two, Captain Southard and Tom Hoskins of Oklahoma City. Tom Hoskins was the former assistant chief for Midwest City, Oklahoma and is currently working in the security department for Oklahoma Gas and Electric Company. In our humble opinion, the taxpayers of our fair city should not have paid the expenses to bring some poorly qualified and/or questionable candidates to Hot Springs. However, we are thankful that the City Manager did eventually come to his senses and offer the job to one of our well qualified local officers. Congratulate Chief Southard when you see him. He is competent, qualified, and deserves our support.
Mr. Dick Kelly, perhaps best known as Bill Clinton's step-father, died this afternoon following a long bout with cancer. Bill Clinton was in town for a visit with Mr. Kelly a couple of days ago and is now back in town for the Saturday funeral at the Methodist church. Hillary is anticipated to be in town for the funeral but efforts are being made to avoid the media and the circus atmosphere they typically bring with them. Please keep this information to yourselves unless other media sources break the story and respect the wishes of the family. Our condolences and prayers are with Mr. Kelly's family. Update (1-31-07): Except for Bill Clinton being back in town, the media now knows so ignore the confidentiality recommendation.
The City Manager just finished hosting the last public forum this evening which
allowed the public to meet the candidates for police chief. The process has
taken a couple of weeks but we were allowed to question all candidates.
Unfortunately, we didn't know these interviews were happening until a couple or
three had already been finished. Apparently, the City Manager started with
Captain Souther, an impressive candidate from Florida, then a good ol' boy type
from Oklahoma, and proceeded through the Arizona candidate mentioned below plus
local candidates Cooley, McCoy, Montgomery, and Miller. We have to admit
that all were very smooth and well spoken, so from a PR view, all could do a good
job. We asked some rather difficult questions of all candidates we had the
opportunity to question and all candidates did very well. The only
troubling thing is that Director Weatherford had the same question for two
candidates. The question was, "what do you think about creating an
assistant chief position?" Weatherford is openly supporting candidate
Miller and told the audience that he "went to school with Gary" (Miller).
Several people have said that Weatherford is pushing the City Manager to hire
Miller and make Montgomery the assistant chief. It appears that Director
Smith may have succumbed to pressure from Weatherford and is also working to
get those two hired. Except for the obvious cloud mentioned below for the
Arizona
candidate and the attitude of the Oklahoma candidate, we observed no problem
with any candidate. We would, however, encourage the City Manager to not
be intimidated by radical directors who appear to hold their positions for
selfish reasons rather than working in the best interests of the public.
See more items relative to these directors below.
"You ever get that uncomfortable feeling that you're being used?" That was the question our Editor posed to us just yesterday. He said he sort of thought that feeling could be felt by a lot of citizens of Hot Springs. Upon enquiring as to what he meant by that he said, "I'll get back to you soon. I'm going to a meeting our City Manager is hosting to introduce one of the candidates to be our new police chief."
Today, our Editor told us about the meeting and elaborated a bit further on his comments of the previous day. It appears that he had done quite a bit of research on the police chief candidates including the one introduced by our City Manager at the meeting he attended as being the police chief for Peoria, Arizona. Our editor's research, apparently, indicated that not only was the gentleman not the current police chief, he had resigned under pressure when a study and/or survey reported that he was a poor manager, morale in the department was low, and various other problems. In fact, our Editor said he asked the gentlemen to explain some of the inconsistencies with information he and our City Manager provided as though he was a great candidate to be our next police chief. Our Editor went on to state that he now had even more questions than answers. When we asked him what questions he had, he sat down and made the following list.
1. Why did our City Manager not tell us David Leonardo had resigned under fire instead of introducing him as the police chief of Peoria, Arizona?
2. Why would our City Manager even consider such a candidate with this record or, as a minimum, with a cloud of potential managerial problems?
3. Is it a coincidence that we get candidates from Arizona when our City Manager's last job was with Casa Grande, Arizona?
4. Why was a professional search firm not used to find and prescreen qualified candidates?
5. Are the taxpayers of Hot Springs paying for the expenses of the police chief candidates to travel to Hot Springs for their interviews?
6. Why do we have a list of police chief candidates with some that appear to have questionable histories including womanizing and alcohol abuse?
7. Why did the City Manager issue a written directive to city employees to not talk to the press?
8. Does our City Manager have something to hide from the press and the public?
9. Did our City Manager go so far as to have employees sign a form that they would not make statements about how bad or expensive the city's new billing software is?
10. Did our City Manager dictate the purchase of specific antiquated software and, if so, for what reason?
11. Why does the City Manager place so many items on the City Director's board agenda asking to waive the public bidding requirements?
12. Why did the city manger (and most of the board) ignore the 600 signatures on a petition to not install the downtown bottleneck?
13. Why did the City Manager (and most of the board) think closing the street to the new parking garage was a great idea?
14. Why does the City Manager (and most of the board) not want the public to have a public forum section so they can speak at public meetings?
15. Does our City Manager (and/or the city board) have something to hide from the press and the public?
16. Is our City Manager (and most of the city board) doing a good job?
17. Is our City Manager misusing the half-cent sales tax for fire and police by dictating exorbitant ($70+) oil change charges for their vehicles be sent to the general fund?
18. Why did the newspaper report that only our City Manager and director Smith were authorized $2,000 each to travel to Washing D.C. when the approval was for 8+?
19. Why does director Smith need to go to the same type conference in D.C. when he just got back from one in Reno?
20. Why did director Smith turn in expenses for his personal car to Dallas as part of the city paid expenses for he and his wife's trip to Japan?
21. Did the Dallas trip involve personal and business expenses for his wife's business?
22. Who really used that cell phone in Japan so much and billed the calls to the city? Can we see those records?
23. Who has what to hide and why? Does the public not have a right to know?
After giving us this list, which he said was only a 'short list' of what he would really like to know, he again asked the question, "You ever get that uncomfortable feeling that you're being used?" He then stated, "Despite what our City Manager appears to think, most of the people in Hot Springs didn't just fall off the proverbial turnip truck. They probably already know most of the answers to those questions I just jotted down for you." Anyhow, we though you may want to see the questions he had. We're guessing he'll have more.
Why would any public servant try and restrict our first amendment right to free speech? Why would any representative of the public not wish to hear from the public? Why would any city leader fear what their city employees may tell the media? Some of the answers may become self-evident when one further ponders these mysteries. First, which city director wants to be mayor so bad he can taste it? Well, there are really at least two so lets refine the question. Which city director went so far to improve his public image that he cut off his little pony-tail, started wearing a tie. and began displaying a miniature U.S. flag in front of himself at all city board meetings? Second, which City Manager spends an inordinate amount of time kissing-up to his bosses while micromanaging the duties of his subordinates and being rude to the public? And lastly, would the truth about selfish objectives, motives, or methods be embarrassing if the public found out? Isn't it enlightening how many answers one can discover just by asking questions?
The facts seem to indicate that these two city leaders simply got caught and called onto the carpet by our local newspaper. I'm going to go reread the Saturday article, it is quite entertaining to see how these two are blaming each other when it is so obvious that both of them thought they could get away with not only restricting the public's free speech rights but could also shut their employees up.
Mr. Myers did NOT go out and improve those neighborhoods and he likely had his secretary apply for some of those city honors. Sort of reminiscent of his being honored by the International City Managers Association for his applying for and becoming credentialed. The sanitation improvements apparently didn't impress the state of Arkansas who appear to have recently fined Hot Springs for allowing improperly treated sewage to run into Lake Hamilton after months of non-compliance warnings. The downtown sidewalks from Prospect to Ouachita can now handle thousands of tourists but this improvement comes at a price to those of us who don't really like sitting in backed-up traffic in the bottleneck and Sheriffs, Police, Fire, and EMS that can't get through when lives may be at stake. Thanks a lot guys for not listening to the hundreds of citizens who warned you that the bottleneck would become a dangerous problem. Yep, yet another accident just this week. Thanks for demonstrating that the public's safety and welfare do NOT come first.
As to planning, it is nice to see that some of our leaders learned to spell the word. This probably happened when they prepared the ad to hire a new planning director. She apparently took her marching orders to heart because one of her first orders of business was to do a survey justifying huge increases in charges for city permits to builders and developers. Many fees are proposed to increase up to 400% and many proposed will be higher than cities with real growth including much larger cities such as Little Rock. It appears that Mr. Bush and Mr. Myers are already trying to slow our growth by increasing all city fees and taxes. Yep, Myers is seriously talking about raising our city taxes including a possible ad valorum tax that was voted to be ended a few years ago. He and the city attorney appear hard at work to find a way to bring this tax back without allowing the citizens to vote on it. But back to planning. How hard is planning for more water when we are the first city downstream from the country's most pristine lake and we sit directly on two other lakes? The Farmer's Market and the bottlenecked Arts District are obviously, two of Mr. Myers pet projects. While speaking of pet projects, let us not forget Oaklawn. Wasn't that our mayor who was on the radio and TV for months adverting and trying to get us to vote for gambling in Hot Springs? You don't have to have a position on gambling to know that advertising for a private business and this type activity is not in the job description for any mayor.
Okay, let's cut them a break on the highway projects. We definitely have some highway projects. In fact, it appears that we start three more before we ever finish one. Why don't we just give up on Dysfunction Junction or whatever our citizens finally name it? We would at least have four lanes if they just quit the constant construction. Perhaps our directors and Myers just don't like 4-lane highways. Remember that they closed two perfectly good lanes downtown. One final traffic question. How did Bush and Myers get the highway department to widen highway 70 west when it isn't even in the city? Check out the January 9 Sentinel Record who apparently also saw these guys take credit for this out-of-town project. It really appeared that these guys were serious. Some of their antics would really be funny if it weren't so sad and didn't effect our once proud city so badly.
Bush: D+ Weatherford: F Smith: F Daniel: D- Jones: C- Maruthur: A Edwards: A Myers: C-
Please remember that the mayor plus directors Weatherford, Smith, Daniel, and Jones also ignored the overwhelming voice of the citizens and voted to install the downtown "bottleneck." This selfish/self-serving action must not be forgotten. Also remember the closing of Bath Street which once connected directly with the new multi-million dollar parking garage, dysfunction junction, and the total lack of traffic planning in our city. Perhaps those grades should come down a bit. For those who failed Public Administration 101, should we really 'hold them over' for another term?
Well, we attended another Hot Springs city board agenda (and rehearsal) meeting yesterday afternoon and were once again denied an opportunity to be placed on the agenda for the real city board meeting to be held Monday evening December 4 at 7 pm. Mr. Myer's letter to the editor on November 6 sort of rings hollow when the board and, quite specifically, the mayor flatly denies our request to even speak to the board during a real board meeting. Note the proposed agenda as provided to the board for their agenda meeting November 28 and especially, item 24 (under New Business). Don't be confused because the agenda is dated December 4, 2006 - this is when the actual board meeting will be held. The agenda meetings are just sort of a rehearsal and the board's opportunity to reject any items that may make them look bad. In fact, this should make it obvious that this is exactly what they did in spite of the City Manager trying to tell us that anyone can speak to the city board. This should prove that the public CANNOT speak to the Hot Springs City Board even after going through all the red tape they use to try and dissuade the public from speaking. We requested the item as an "action item" and were denied. We have already resubmitted the item as a "non-action item." Come to the next agenda item and see your board once again deny our request to speak even though our request is to just address the board with no action required. In case you can't be at the agenda meeting, we will again report the results on this site.
Mr. Myers states that "several months ago" our editor "was provided a full opportunity to state his position at a board agenda meeting." Myers is badly misleading the public when he resorts to false statements. The fact is, our editor was NOT even allowed to speak at the agenda meeting. In fact, Mr. Weatherford was the 'acting mayor' during the July 5, 2006 meeting and when our editor stood and asked, "May I speak because our request is being misconstrued?" he was told by Weatherford in a loud emphatic voice, "NO. You cannot speak here or on Monday night." [see July 6, 2006 news item below] It seems that agenda meetings are designed to exclude the public since they are apparently not recorded either as part of an official record or by any video or audio equipment. However, unless our city has changed the law, we members of the 'public' may still record any 'public' meeting. Mr. Myers would be well advised to remember this before using false statements (politically correct term) in the future. Myers is correct that on October 31, we were allowed to be heard by Mayor Bush at another infamous 'agenda meeting'. He fails to point out that the item was resubmitted as an "action item" because it was incorrectly not treated as an "action item" at the July meeting. An action item requires a vote by all board members and the board took no vote as requested. Our primary intention was to have a public comment section added to the agenda for all public city meetings and our secondary intention was to have on the record, by their votes, which board members were opposed to allowing the public to comment at public meetings. Although we did not get the votes, negative comments by directors Daniel, Weatherford, Smith, and Jones made it obvious who was opposed to allowing free speech at public meetings. Please note that although we were allowed to speak at the agenda meeting, our request was denied and we were not allowed to speak at the actual board meeting on November 6, 2006.
When Myers touts their being "fortunate to have local residents attend each and every board meeting to offer their comments," he fails to emphasize that such comments must be limited to items on their pre-approved agenda and you must sign their specially designed "sign-up sheet" prior to the meeting to speak either "for or against" the approved items. Such items are often esoteric and many people who would like to speak don't know whether to sign as pro or con which further reduces participation by the public. The "second opportunity" to speak Myers touts fails to inform the public of the required red tape of going to city hall to obtain a form, filling it out, submitting it to the proper agent, and then waiting to see if it is approved at their agenda meeting. Shouldn't he tell us that only those items the board members want to see on the agenda actually get to be on the agenda? As an example, our request to speak to the board at the November 6, 2006 meeting was denied simply because Daniel, Weatherford, Smith, and Jones didn't want us speaking during their television time. What kind of warped priorities puts the image of our vain representatives concerned about looking bad on television to their vast audience ahead of the citizen's right to speak at public meetings? We certainly hope that citizens will accept Mr. Myers' invitation to attend one of their censored and rehearsed board meetings. Please do attend and ask to be heard. After your own experience, decide for yourself if Hot Springs officials should be allowed even use the word 'public' in their public meetings.
We hope that Mr. Myers and the present city board changes their methods of operating our city and planning for our future. just perhaps, they can provide those pesky "county residents" with reasons to actually move into the city. Most of us still try hard to envision a city that attracts nice new subdivisions, has a low crime rate, offers activities for our families, has taxes we can afford, has well-planned orderly traffic flow and streets our police, sheriffs deputies, firemen, EMS and all emergency responders can actually get through. In the interim, we do have choices. We can either wait for Mr. Myers and our present board to move in this direction or we can replace them with unselfish people who will actually represent the 'public'.
Hey, here is the November 15 response to our letter from our illustrious City Manager
And finally, here is our November 17 response to our City Manager's "Letter to the Editor" This was actually published on Friday, November 24, 2006.
Newsflash!! Our first political ad (shown below) was submitted in two statewide contests. We'll keep you posted as to how it does.

Note: Directors voting to send themselves to Reno were Daniel, Smith, Weatherford, and Jones.
FYI: During a workshop at the 71st Arkansas Municipal League (AML) Convention held in Hot Springs (July 2005), Ms. Jeannette Denham, an AML staff attorney, referenced limits to First Amendment rights for speaking at city meetings. She pointed out that city boards can set the times on how long people can speak, can require that they sign up ahead of the meeting and list the topic they will discuss. Note that these identical recommendations were made to our city board plus placing the public comment session at the end of the meeting. Does it sound like this board wants to hear from the public they supposedly represent?
Censorship and secrecy silence, starve, and kill. The right to speak and the right to know are not luxuries: they underpin all human rights and are central to achieving human development. — Lord David Puttnam
Click on any of the following items for more information if interested in exploring more about the public's right to speak at public meetings. AML VSOS Public Meetings in Ark FAC Supreme Court Brown Act Still want more? Read "First Amendment Felon" by Robert Sherrill.
Commentary: It has become increasingly evident that most of our city board members do not want the public to hear what we have to say. What we would like to say is that the any member of the public has a legal right to speak at any public meeting. How can elected officials not be willing to listen to the public they are supposed to represent? How can a public meeting be called "public" when the public is not allowed to speak? The fact is obvious from their constant comments about "TV" that some of these folks think they are TV stars instead of public servants. They apparently don't want to be upstaged or made to look bad by allowing anyone with opposing views to their self-serving agendas to share any part of their personal television time. We need to consider replacing our TV stars with some public representatives. We may even need to help buy them one-way tickets to Hollywood.
Unfortunately, the agenda meeting of July 5 was obviously another scripted meeting starring the City Manager, city attorney, and our new "vice" mayor. These "stars" quipped that other cities and other boards did not have public comment sections, they were not needed, they could not be controlled, etc, etc, etc. Thankfully only one of the "bottleneck" directors showed up. Otherwise, the request for a public comment section would not have even been on the agenda for consideration at Monday's city board meeting. You may want to come by city hall at 7 PM on Monday, July 10. You can either come to voice your opinion or just come to star on TV. If you can't come, just tune in at that time to see all the celebrities perform. Star-studded reruns will air for several days following. We think this important broadcast may be blocked out in most of the world, nation, state, and even major portions of Garland County. That's probably okay because the DVD should be in stores soon.
NOTE: An editorial titled, "City Board Sidesteps Citizen's Appearance" addressing the above items plus related concerns appears in Sunday's (4/30) Sentinel Record.
UPDATE: We promised to let you know the results of our talk with the mayor, assuming we got to talk to him. Well, we did and it appears that we will NOT be provided with an opportunity to speak tonight. Even though several folks will be there talking about everything from sewer lines to rezoning, it is apparent that the board doesn't want to hear about parking bottlenecks or parking decks that are almost impossible to get to.
