|
Hot Springs' infamous downtown "Bottleneck" courtesy of our current city manager, mayor, and board
|
|
What To Do About County Fire Control January 8, 2008
Last night, I had the opportunity
to meet with the Fire Chiefs of the area. The guest speaker was Lt. Lindsey
Williams, State Fire Marshal. For those who don't know, he is assigned as
part of the Arkansas State Police. The meeting was informative and promises
to show a new direction lacking in the rural community over the past few
years. One problem has been the 5 mile control that the city has assumed and
the on again, off again type of control in which some buildings have gone
under the wire with little or no control while others have been required to
retrofit sprinklers and the like. Site reviews of subdivisions have been
implemented in the zone and that does not in itself present a problem in
regard to access and water supplies. There are other issues not related to
fire departments but that is for another concern.
The theme of the meeting is that
it is the responsibility of the district fire chief to enforce the Basic
Commercial Building Requirement for Unincorporated Areas, (one of the included
scans.) Some of the rural fire departments do not have the manpower or
the experience to monitor such construction. Therefore the State Fire
Marshal has employed the services of an architect, Andy Branton, who will
review any plans (upon request) and assist the local fire chiefs in
this task. Such a review should take less than a week. This may work under
the present system in force within the five mile area of Hot Springs, however
the gray area exist outside that area. How will the fire chief get alerted as
to possible new construction? This is something that needs to be addressed at
the County level. Lt Williams does have plans to contact the County Judge to
address these problems.
There is some talk of a County
Fire Chief. Although this is great in concept, we must remain alert to the
fact that such a position should remain under the control of the County and
not associated with the City Government. With that come the problems of
funding.
It is my opinion that this is a
positive step in a growing community, but there are still a lot of planning
that need to be addressed. A permit of type might be required to insure that
all construction be afforded the advantage of review if required. We have to
remember that the Fire Codes, Electrical Codes and Health Codes are in effect
throughout the State. Inspection and enforcement is however lacking because
of manpower. This is one of the first steps in enforcement. We must be
prepared to step up to the plate and meet this challenge or that authority
might be taken away from our control. Self regulation is always better than
outside regulation.
These are my personal views
of the meeting and in no way should be considered those of Lt. Williams or any
Fire Chief. It is offered only for your information and thoughts.
Guest Commentary by Ted Burhenn
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.
From: Blake Robertson
Sent: Sat 9/15/2007 7:14 PM To: Kent Myers Subject: FOI request 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-- 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. News of the Membership Meeting - April 10 &n |