[0:21] Well, I guess we have quite a crowd, so
we started a little early. Maybe we'll
[0:26] get out a little early tonight. want to
call the meeting to order.
[0:31] We have a roll call here.
[0:39] » Councilman Yansy
>> here.
[0:41] » Councilman Miller
>> here. Councilman Hiller
[0:44] » here.
>> Councilman Turner
[0:46] » here.
>> Council member Reigns
[0:48] » here.
>> Council member Vickers
[0:50] » here.
>> Council member Dawson
[0:52] » here. Council member Draper
>> here. Mayor here. stand here.
[1:00] » Okay. Can you stand for the pledge of
>> allegiance
[1:08] to the flag
and to the republic for its one nation?
[1:24] Dear Lord, guide our hearts, our souls,
and our minds into a future of love,
[1:30] caring, and belief. Thank you for
sending our children here tonight so
[1:34] that they can see what goes on. And
let's back them in a future that is
[1:39] bright, joyful, and safe. Amen.
>> Amen.
[1:43] » Amen.
>> Amen.
[1:57] minutes from council meeting September
22nd, 2025.
[2:01] Mayor Deair called the meeting to order
at 6:12 p.m. Roll call was taken. All
[2:05] council members were present. The mayor
recorded treasur and the city attorney
[2:08] were also present. All stood for the
pledge of allegiance and mayor Delair
[2:11] performed their invocation prayer. Judge
Holly Meyer was invited by the mayor to
[2:15] speak. She is running for reelection for
circuit judge. She explained her
[2:19] qualifications. The meeting minutes from
the city council meeting August 25th,
[2:23] 2025 were read by the recorded treasur.
Motion to accept the minutes was made by
[2:28] council member Miller and seconded by
council member Hiller. Minutes were
[2:30] approved by voice bolt. Meeting minutes
from the city council special meeting
[2:34] August 14th, 2025 were read by the
recorded treasurer. Motion to accept the
[2:38] minutes was made by council member
Reigns and and seconded by council
[2:41] member Draper. Minutes were approved by
voice vote. Treasuries report. The
[2:46] record treasurer made comments about
expenses versus revenues for August.
[2:49] There was an issue with entering credit
card transactions before the end of the
[2:52] month would cause revenues to be low. A
question was asked about freed up funds
[2:56] and the mayor answered that this was the
label given to the bank account where
[2:59] the ARPA funds went when they were freed
up. Motion to accept the treasurer's
[3:03] report was made by council member Miller
and seconded by council member Hiller.
[3:07] The report was approved by voice.
[3:13] » Committee reports. The motion to accept
committee reports was made by council
[3:16] member Dawson and seconded by council
member Miller. The reports were approved
[3:19] on voice vote. Old business. Mayor
Delair presented his veto of ordinance
[3:23] 2025-20. He stated that the city had
existed with three signitories for over
[3:27] 50 years. There was discussion about
checks that the mayor has refused to
[3:31] pay. A motion was made by council member
Miller and seconded by council member
[3:34] Vickers to override the veto. The motion
passed unanimously by roll call vote.
[3:39] Mayor Delair presented his veto of the
approved motion to hire Cody Keys to
[3:43] defend the city in lawsuit 33CV-25-17.
[3:47] Motion was made by council member Miller
and seconded by council member Reigns to
[3:50] override the veto. The motion passed by
roll call vote 8 to zero. Ordinance
[3:55] 20259 was read for the second time. This
ordinance sets a policy for retention of
[3:59] public meeting recordings. New business
resolution 2025-30 was read by the
[4:04] recorded treasur. This resolution gives
council approval to apply for a grant to
[4:08] improve the community building. Motion
was made by council member Dawson and
[4:11] seconded by council member Hiller to
approve the resolution. The motion
[4:14] passed by voice vote. Resolution 2025-31
was read by the recorded treasur. This
[4:19] resolution authorizes the mayor to enter
into an agreement with the with White
[4:22] River Planning and Development to
provide administrative services for the
[4:25] grant. Motion was made by council member
Dawson and second by council member
[4:29] Hiller to approve the resolution. The
motion passed by voice vote. The record
[4:33] treasurer explained that in order to
proceed with the grant application, an
[4:36] asbestous study needs to be done in the
building. The cost is $500 plus $20 a
[4:40] test. A motion was made by council
member Miller and seconded by council
[4:43] member Vickers to approve this study at
a price not exceeding $1,000
[4:48] from the parks and recreation fund. The
motion passed by voice vote. Resolution
[4:53] 2025-32 was read by the recorded
treasur. This resolution allows the city
[4:57] to pursue a 7525 grant from the Arkansas
Division of Emergency Manage Management
[5:02] to have a backup generator installed at
the community building. This would allow
[5:05] a potential safe place for residents to
gather in an emergency. A motion was
[5:09] made by council member Dawson and
seconded by council member Hiller to
[5:12] approve the resolution. The motion
passed by voice. Public comments. Tommy
[5:16] Billingsley announced that he is forced
to cancel the tournament he was working
[5:19] on. Uriah me talked about the boy scout
building and the need to finish the
[5:23] renovation project started last year. He
had solicited bids from contractors and
[5:27] delivered delivered those to the mayor.
Carol Spencer asked council member
[5:31] Miller how long he knew about the grant
and asked if a survey had been done.
[5:34] There was no server in M survey and Mr.
Miller knew about the grant for a few
[5:38] weeks. Council member Miller outlined a
long list of issues with the actions and
[5:42] inactions of the mayor. He made a motion
for a vote of no confidence against the
[5:45] mayor. There was some heated discussion.
The motion was seconded by council
[5:49] member Draper. The motion passed by roll
call vote 8 to zero. There was a brief
[5:53] discussion about a complaint that was
given to all council members. It appears
[5:57] to be a Facebook argument between
residents. Jeff Reigns took offense to
[6:00] the mayor's assertion that it is a
violation of health codes to have dogs
[6:03] at a beach. There was a brief argument.
Dan Robinson has stated that we
[6:09] shouldn't accept bids that were obtained
privately and without a proper
[6:12] specification referring to the bids
delivered by your IME. A specification
[6:16] will be developed by Dan and an ad will
be put in the paper for next week.
[6:20] Motion to adjurnn was made by council
member Hiller, seconded by council
[6:23] member Dawson. Motion passed by voice
vote. Meeting adjourned at 7:32 p.m.
[6:31] Okay. Any comments, additions,
questions for discussion?
[6:49] Okay. Do we have a motion to approve the
amendment? Says red. So move. Do I have
[6:54] a second?
>> Second.
[6:57] » Okay. Roll call vote, please.
>> Council member Yansy,
[7:01] » yes.
>> Council member Miller,
[7:03] » yes.
>> Council member Hiller,
[7:05] » yes.
>> Council member Turner,
[7:07] » yes.
>> Council member Reigns,
[7:09] » yes.
>> Council member Vickers,
[7:10] » yes.
>> Council member Dawson,
[7:12] » yes. Council member Draper,
>> yes.
[7:16] Okay, the minister accept.
[7:20] Treasures report.
Does anybody have any questions about
[7:24] Epson's finance committee? Maybe
[7:30] not.
>> Comments.
[7:49] Are we going to hear a report or not?
>> We don't read the report, Missy. It's a
[7:56] bunch of numbers. It's all it is.
>> Oh my. I'm not entitled to know those.
[8:02] » They'll be posted outside.
[8:08] Has
[8:14] everybody had a chance to look over the
treasures report?
[8:20] » Yes, I know.
>> Does anybody have any comments,
[8:22] questions, changes to the treasures
report?
[8:25] » No.
>> Is there anybody changed since the fire
[8:30] to the mall that we've seen in numbers?
Nothing so far because this is actually
[8:36] September number. So the room isn't any
kind of receding yet.
[8:54] » And we're at $456,12655
[9:00] for parks and wreck
>> at the end of September. That's correct.
[9:03] All
right. And is that the balance or that's
[9:06] money we've actually collected for the
fee?
[9:08] » That's the balance.
[9:12] » I believe I don't know when this was,
but the last time I checked it collected
[9:16] just over $500,000.
[9:30] » Okay. Do you have a motion to accept the
financial report?
[9:35] » I like that motion.
>> Second.
[9:41] » All those in favor, please signify by
saying I.
[9:44] » I.
>> Oppose say the same.
[9:47] » Financial reports accepted.
[10:03] Committee reports.
[10:15] Any
[10:40] questions on the committee reports?
Changes on the committee reports.
[11:13] Okay. Do we have a motion to accept the
committee reports?
[11:16] » So move.
[11:21] » We have a second.
>> I'll second it.
[11:27] » All those in favor, please signify by
saying I. I.
[11:31] » All those opposed, say the same.
Committee reports are accepted.
[11:38] old business.
[11:53] » Okay. Pursing on old business veto of
ordinance 2025-21.
[12:00] Whereas the city council of Horseshoe
Ben has since their first beginning
[12:05] continued to use their legislative power
to strip the mayor of his administrative
[12:09] authority. 202501 removed the mayor's
authority to hire and fire city
[12:15] employees. 20250 limited the mayor's
spending limits. 2511
[12:21] removed the mayor's authority to vote in
committees or to break ties and uh
[12:27] forward a motion. 202521
limited the mayor's authority to
[12:32] nominate committee members to council
approvals.
[12:37] This nominating committee ordinance is
yet another example where the council
[12:41] will use their authority to pack
committees likeminded people. This has
[12:46] destroyed the system of checks and
balances necessary to asssure the
[12:49] council does not pack the committees
with special interest which goes against
[12:53] the law. Whereas the council has
actually misused their legislative
[12:57] authority to remove citizens and
taxpayers from committees and
[13:02] commissions without cause. Whereas the
city council has misused their authority
[13:07] to order to remove good and honest
citizens. Ordinance 2025-12
[13:13] removed Eric Bratz from the planning
commission. Ordinance 202513
[13:18] removed Gail Fuller from the planning
committee. Ordinance 202514
[13:24] and Ordinance 202515 removed the zoning
and building committee member Rick
[13:29] Brderick.
The removal of these citizens was done
[13:33] without cause in a live Cape City
meeting. Council member Brian Miller,
[13:38] when confronted, stated in the public uh
committee meeting it was because of a
[13:43] Facebook comments that was made by Gail
Puller against some of the actions of
[13:47] the city council. In a taped illegal
meeting at the uh mayor's office, David
[13:53] Vickers, Brian Miller, and Shawn Draper
were angry over Eric Gretz being put on
[13:58] the planning committee referencing the
lawsuit against the city Mr. which Eric
[14:04] Gretz prevailed undeniably proving that
the city was illegally taxing the
[14:10] citizens. The court case was resolved
under a settlement agreement of the city
[14:16] MRI and the citizens of Horseshoe have
been approved by the court. After Brian
[14:22] Miller wrote the ordinance to remove
members who were had developed plans for
[14:27] the growth of Horseshoe Ben, he
personally went to the local paper and
[14:31] placed a newspaper ad requesting
volunteers turning the vacancies on the
[14:36] committee against the mayor after he
explicitly with the support of the rest
[14:40] of the council wrote ordinances with
emergency clauses to remove committed,
[14:45] capable, and educated individuals from
the planning, zoning, and building
[14:49] committees/commission.
itions.
[14:53] » Then somehow Raul Johnson, chairman of
the zoning committee, went around
[14:57] recruiting people to join the zoning
committee with him. Uh is he the mayor,
[15:02] too? We have disenfranchised
individuals, canceled out their freedom
[15:08] of expression by arbitrary use of
Arkansas code. You had no motive other
[15:14] than personal vendettas to remove Eric,
Rick, or Gail. Brian Miller is on record
[15:21] admitting that he wrote the ordinance to
remove Gail based on a Facebook post
[15:25] where she expressed her frustration with
the council. There's no unwillingness
[15:29] from her to work with the governing
body. But Brian's ego is bigger than his
[15:34] appreciation for capable independent
thinkers trying to make a difference.
[15:39] Brian further explained that he wrote
the ordinance to remove Eric Gratz from
[15:43] the planning committee because his wife
went against the piece of legislation he
[15:47] had supported to the senator James
Church to allow the city council to
[15:52] forgive or nullify assessments to whom
they choose. Silencing distance sending
[15:58] voices is not the business of
government. As elected officials, we
[16:03] must be able to accept that we are being
scrutinized daily based on our actions.
[16:10] The council has taken actions against
citizens exercising constitutional
[16:14] rights and shamefully remove them from
volunteer groups. Many people I have
[16:19] asked have confused refused to
participate knowing that the council's
[16:24] reputation for dishonesty, hatred and
vengeance practices.
[16:29] They further feel because of their
beliefs they would not be voted to the
[16:34] committee or commission.
>> Council is seeking to stack committees
[16:38] with people who do not pose a threat to
their plans from their pack members,
[16:43] people that work at large and local
businesses and employees at parks and
[16:47] wreck who have openly attacked
individuals who this council removed.
[16:53] This is not grievance. This is tyranny.
This is an abuse of power control
[16:58] designed to consolidate authority in the
hands of a few while undermining the
[17:03] executive branch and the will of the
people.
[17:06] Where this council has destroyed,
created a hostile environment, polarized
[17:12] and divided the city further, worsened
by their interactions with the public.
[17:17] This ordinance has several purposes.
stack the committees, approve massive
[17:22] reszoning plans without the public's
participation, plans without dividing
[17:28] the city. The previous council has
passed 24 ordinances in two years. This
[17:34] council has passed 21 ordinances in less
than 10 months. Most of them designed to
[17:39] take away the mayor's authority to run
the city, eliminate citizens involvement
[17:44] with their government. I personally
enviably give the council a vote of no
[17:49] confidence, a vote of no trust, and I
will not support any ordinance
[17:54] resolution that strips god-given rights
away from any citizen of the city. This
[18:00] nominating committee ordinance is made
up of council members who will be voting
[18:05] solely on their own choices. This is a
total conflict of interest. The
[18:10] nomination of their own is designed to
pack the committees with their own
[18:14] chosen members. This ordinance which had
to be passed immediately immediately by
[18:21] suspending the rules is harmful to the
city. The city's council treatment of
[18:26] the public has further divided the city
and made the city vulnerable to further
[18:30] legal actions. As the mayor and the exe
in the executive branch by the powers
[18:36] vested in me by Arkansas Code, Arkansas
Constitution and the US Constitution, I
[18:42] veto this ordinance to form the
nominating committee which the members
[18:46] of the council whom have demonstrated
their willingness to personally attack
[18:51] the taxpayers and lead with vengeance
and not respect for the law. Dway.
[18:59] » Good job.
[19:13] » Since my name was called several times,
like respond to it. Person on page two.
[19:17] When you state that I said that I
removed Eric because of his wife's
[19:21] involvement. I have no knowledge of his
wife's involvement whatsoever in the
[19:25] legislation I was planning to pass by
Starks and Gray.
[19:29] » It's a recording. It's a recorded uh
planning committee meeting.
[19:34] » I was there.
>> You don't run this meeting, Sean.
[19:36] » Yes.
>> You don't run this meeting. Chill,
[19:39] » folks.
>> You don't either.
[19:42] » Was there I was there too,
>> folks.
[19:48] This is how it's going to work. I want
everybody to be able to speak, but we
[19:51] need to do it fairly. Brian can read
what he wants to read and make his
[19:56] statements. If other people have
comments, I'm more than willing to
[19:59] listen to them. But please let Brian
finish his comments and don't interrupt
[20:04] him, please.
>> As far as I understand, the the
[20:07] legislation I was pursuing was a way of
uh opening up, not forgiving, opening up
[20:13] velocity bought with the assessment
restarting. That's what uh Sturge and
[20:19] Gray were trying to do.
>> And they was read in committee and was
[20:23] stopped in committee by three
individuals from Cherokee Village that
[20:27] attend that reading. And through their
opposition, that made the uh individuals
[20:33] uh Sturge and Gray go back and they had
an amendment where it could be appealed
[20:37] to city council, but Gray removed her
support. I have no knowledge of
[20:43] Mrs. Scots being involved at all. I know
about three individuals cuz it was uh uh
[20:50] on a video a zoom and I saw that they
interrupted the uh situation and that's
[20:55] why the legislation failed.
However, I did state that it was brought
[21:01] to me concerns about uh Gail Fuller's
uh postings
[21:08] if that was not the only reason and also
involved
[21:14] which I've stated in several meetings
including that one that they're
[21:18] referring to when I brought up that
someone brought the issues of Gail
[21:21] Fuller that the planning committee was
presenting the forgiveness
[21:27] of the back assessments on an area that
they were trying to have developed
[21:34] » into industrial park and let people
build without paying back assessments.
[21:39] And if you do that for one lot, you have
to do it for all and there's $9 million
[21:43] out there. Do I think I can get or this
council can get $9 million? I do not
[21:49] » get a million.
>> But if we can possibly get 2 million,
[21:52] three million, that's still two or three
million more than we have now. back
[21:57] assessment.
>> I'm sorry.
[21:58] » Again, my understanding from as it
stands right now, the attorney general's
[22:02] opinion, back assessments cannot be
forgiven or done away with. They exist
[22:09] » and as such, we should try and collect.
But that's those are two falsehoods that
[22:16] were in this veto that I had to address
because they're blatantly false. Another
[22:21] reason that we gave a vote of no
confidence is due to statements like
[22:24] this that have no grounds.
I know other way to express it except
[22:30] that um this kind of backs up as far as
this removing the mayor's power. No
[22:36] individual is placed on a committee at
any time without the council's approval.
[22:41] past administration, this administration
ever a mayor can appoint in before this
[22:48] comm this ordinance and the council had
to approve. There never was one member
[22:53] put on any commission or any committee
or any board on this in this city that
[22:59] was not approved by the council. All
we're doing is trying to open it up to
[23:03] where there's more than one individual
making a decision on who gets promoted
[23:08] or who gets put out after applications
have been presented. So it's not just
[23:13] one individual funneling.
>> And I do have one question for mayor.
[23:17] How many people exist from the
committees that were populated when you
[23:22] took office?
>> I don't know.
[23:29] As far as I know, only some on the
airport commission are the only ones
[23:32] that still exist. All the other
committees were vacated
[23:37] » and repopulated with the mayor's
appointments. He talks about this. This
[23:41] council is trying to stack the
committees. We're just trying to fill
[23:46] the vacancies that have been left open.
One namely that's been brought up is
[23:50] MSID.
MSID, the mayor has stated his special
[23:54] administrator does not take the place of
commissioners.
[23:58] They're in conjunction with
commissioners. They're not removed. The
[24:01] special administrator is there and the
commissioners are there. However, in
[24:04] MSID,
two of the three uh their term has
[24:09] expired. The third has moved out of the
city and no longer can be part of the
[24:13] MSID.
Therefore, we have three vacancies of
[24:16] commissioners. When asked, he stated
publicly, don't meet him because I have
[24:21] my special administrator. Again, special
administrator himself in open meetings
[24:25] stated that he would appreciate having
the commissioners to help him with the
[24:29] paperwork. It's all it's in record. It's
on video. You can hear it for yourself.
[24:35] » When did he say that?
>> Okay.
[24:38] » I'm married to him. I never say that.
>> Let's do this. Let's Let's move on.
[24:44] Please save your comments for the end
and you can come up and talk to the
[24:47] people because I do want to get through
all this. It's important that you say
[24:51] what you have to say.
Any other comments?
[24:58] » Uh how were the people appointed before
we're trying to make a committee to put
[25:02] these individuals a group of eight
instead of one? You were selecting them
[25:06] personally, right? You you would take a
person yourself and put them on a
[25:11] committee.
>> You decided to say that eight to
[25:14] » wrong.
>> How would you do that then? I was doing
[25:16] it by talking with the people on the
committees and then we selected people
[25:20] and we're going to do it that way again.
We're going to talk to the people that
[25:23] are on the committees, ask them about
these people and that's what the airport
[25:27] committee does. Now, I don't know what
happened to Mike Smith because he was
[25:32] supposedly set up to go to the airport
committee. I don't see his name in this
[25:36] new list, but he was a commissioner
before. Uh they're more than willing to
[25:41] take Mike back and they're more than
willing to talk with him. and they had
[25:44] talked with two other people. I don't
know if their names are in here or not,
[25:48] but I talked to them today. And then
yes, I make an appointment for them to
[25:52] the committee. Now, you guys can vote
them either up or down, however you want
[25:57] to. That's how it works. And that's the
checks and balances,
[26:01] » right?
>> And that's why we need that.
[26:03] » And I believe that's what it says. The
mayor appoints, you guys vote in. But
[26:08] the truth is the committee, it's those
people. I talked to the committees.
[26:15] » Any other questions, comments?
[26:24] » Since Mike Smith's name is brought up,
he asked his name be pulled due to the
[26:27] uh
political situation.
[26:34] » I haven't talked with Mike, but I will
call him.
[26:50] Okay. The next veto we
>> pardon.
[26:55] » I make a motion we override this veto.
>> Okay.
[27:05] » Okay. Roll call, please.
Yes. Yes.
[27:10] » Council member Hansy.
>> Yes.
[27:11] » Council member Miller.
>> Yes.
[27:13] » Council member Hiller.
>> Yes.
[27:15] » Council member Turner.
>> Yes.
[27:16] » Council member Reigns.
>> Yes.
[27:18] » Council member Vickers.
>> Yes.
[27:20] » Council member Dawson.
>> Yes.
[27:21] » Council member Draper.
>> Yeah.
[27:23] » You are a joke.
>> The veto's over ready.
[27:27] » Next veto.
>> I hate these people. Yeah.
[27:32] » This is not a permission.
>> Next veto. Uh resolution 202533
[27:40] of mandamus
on 2425
[27:45] I retain the legal services of Bradley
McBride and Kimberly Dale of Thompson
[27:50] warmth Dale and Butler professional
associations of paragold.
[27:56] This was about ordinance 202501
on January 3rd 2025. Brian Miller of
[28:02] Ward One, Luther Yansy of Ward One, and
Travis Reigns of Ward Three called a
[28:07] special meeting. They wanted to have
this meeting on January 2nd, the night
[28:12] they were actually sworn in. I, however,
with the city attorney told them this
[28:16] was illegal as it was not advertised and
no formal agenda had been approved.
[28:22] Ordinance 20251
amended title 2 of the Horseshoe Ben
[28:27] Municipal Code section 2.6004 16004
recorded treasure. Mr. Miller stated the
[28:33] power to hire and fire employees has
been taken away from the treasure
[28:37] recorder. This was an absolute lie as
the attachment of the
[28:43] uh to the veto shows uh C veto 1925.
This information was provided the
[28:51] attorneys who informed me not to sign
the ordinance. The veto was overturned
[28:56] by the council but was not published in
the newspaper for many weeks. My
[29:01] attorney still advised me that once
overturned the veto became law upon them
[29:07] publishing it. Ordinances, resolution
and motions which were constitutional I
[29:13] believe to be legal I signed and I
signed a lot of ordinances and stuff. So
[29:18] the idea I wasn't signing all these
ordinances is assessment. Ordinance
[29:22] 202502 parks and wreck fee. I signed
although I didn't agree with the
[29:28] ordinance for the outrageous fee of $80
per lot. I signed that ordinance as
[29:33] though I've signed many others. Mr.
Vanderpass in his letter to the
[29:38] prosecuting attorney misled him to
believe I was not signing any absolute
[29:43] lie. In June 2025, I decided not to
utilize Dale and McBride since that time
[29:50] uh have overlooked another law firm.
During this time, Mr. Sykes had said
[29:58] that I should sign any items not done. I
told him my attorneys at that time had
[30:05] uh
>> distinguished between agenda items
[30:09] passed and those vetoed for cause. I did
ask Mr. site what would apply if I
[30:15] vetoed the items. Should I be forced to
sign something I felt was illegal,
[30:19] unconstitutional,
and then would I also be sued with the
[30:24] council? The Arkansas code 1444107b
contains the mayor's authority to veto
[30:31] within 5 days, Sundays excluded. After
the action the council there on it
[30:38] further states the council can vote by
twothirds of all council members to
[30:42] overturn the veto. And you've seen that
happen here and that will happen with
[30:46] this one too. Uh on August 18th 2025 I
sent out a foyer request to the
[30:53] following Brad Sites to the city
attorney to Drew Smith district
[30:58] prosecutor John Wilkinson the municipal
league. I am requesting the Arkansas law
[31:03] that says a mayor must sign ordinances
he has vetoed. I was informed by legal
[31:09] counsel I didn't have to sign these. The
only response I received was from Drew
[31:15] Smith who said foyas do not apply to
criminal investigations. At which time I
[31:21] found out I guess I was under criminal
investigation.
[31:24] At this point, September 8th, 2025, I
contacted Senator John Payeyton,
[31:30] informing him of the problem and asking
for his help, explaining the situation
[31:34] with Mr. Miller, Mr. Vanderpass, trying
to get me arrested and removed from
[31:39] office.
>> In fact, a host of documents now uh
[31:43] exist showing the council's attack on
myself and the office of the mayor. 2025
[31:49] 01 removed hiring. 03 authority to on
the Facebook page. 06 parks and recck
[31:57] director authority. 08 uh stop the
reading group at the library. 09 limits
[32:03] the mayor's spending limits. 010
ordinance on data scout. 01 ordinance on
[32:08] the mayor's right to vote on committees.
and 20 adds finance committee chair as a
[32:15] force signature uh to go around the
mayor's authority.
[32:20] The mayor's spending authority is
clearly located in Arkansas 158303 as
[32:25] well as contracts
ACA1458303
[32:31] and the opinion of the attorney general
20002-93.
[32:36] I apologize for the boringness of this.
On September 16th, 2025, I received an
[32:42] email from Drew Smith, district
prosecutor. He had obviously not been
[32:47] informed of my request to the attorney
general, to provide a ruling on the
[32:51] obvious question. When the governor
votes a bill and Congress overturns the
[32:56] veto, by overturning it, it becomes law
on their vote. The governor does not
[33:01] sign that bill. It doesn't happen with
the president. It is my belief that by
[33:07] me forced to sign illegal
unconstitutional ordinances,
[33:11] resolutions, and motions that makes me a
part of any lawsuit. This is not about
[33:18] me signing regular business. It's about
hateful, hostile council hellbent on
[33:24] forcing me from office as a vendetta for
the removal of MRI.
[33:30] and it's still going on with MRI
>> and the people that stand behind it.
[33:35] They haven't gone anywhere.
>> The very same players are indeed behind
[33:40] all this. I have consulted legal counsel
and I've been told if I vetoed it, I
[33:47] don't have to sign them. I have foyed
three attorneys as the law that says
[33:53] once I vetoed it resolution, I must sign
it. No response.
[33:58] This is a total waste of taxpayers
money, something the council has
[34:02] repeatedly done. Many of their actions
have and will result in future lawsuits.
[34:08] It is not in the best interest of the
citizens of Horseshoe Bend to waste time
[34:12] or money. This council is an
embarrassment to the city and the people
[34:17] they claim to represent. Clearly, Mr.
Vanderpass and Mr. Miller and the
[34:22] council are aware. I've talked with
council and I have sought the help of
[34:25] legislators and the attorney general
and everybody was aware of this yet they
[34:31] spent $5,000 and I do have a writ a
mandamus that an attorney is going to
[34:37] have to answer in 30 days and then I'll
present the evidence for all the things
[34:41] I have actually signed versus the things
that I haven't yet. No one has actually
[34:46] given me a decision about a vetoed
thing, but the attorney general is
[34:50] working on that. And as soon as the
attorney general informs me and Senator
[34:55] Payton, I will let you all know.
Guaranteed. And if he tells me to sign
[35:00] it, I certainly will indeed sign it.
[35:20] Make a motion over.
[35:26] » Do you have a second?
[35:30] » Okay.
>> I have a comment. I live in W two. Are
[35:36] you voting according to what you want or
what the people in W?
[35:42] » This is not perfect.
It's not appropriate
[35:46] » really.
>> They represent
[35:48] everybody in war two.
>> No, but there's 90% too.
[35:54] » My opinion has not been asked and
neither did anyone else that I know of
[35:57] that lives in W 2 or any other war in
this city.
[36:02] » You represent the people who live in W.
Don't even
[36:08] » I know there's a motion in the floor.
>> Mine makes fun of things. Okay, I'd like
[36:14] you to comment when we get to the
comment section. You're more than
[36:17] welcome to do that.
>> Uh I also know that Carol Spencer has
[36:21] asked for a hearing and we do need to
have a hearing and in a hearing you can
[36:25] ask any one of these people why they
voted the way they voted. That's what a
[36:29] hearing is for.
>> No.
[36:31] » Uh that's not really in the setup here.
>> Okay. Roll call vote. Council member
[36:37] Yansy.
>> Yes.
[36:38] » Council member Miller.
>> Yes.
[36:40] » Council member Hiller. Yes.
>> Council member Turner.
[36:43] » Yes.
>> Council member Reigns.
[36:45] » Yes.
>> Council member Pickers.
[36:46] » Yes.
>> Council member Dawson.
[36:48] » Yes.
>> Council member Draper.
[36:49] » Yes.
>> Okay. The veto's overturned.
[36:54] » So now ordinance 20259
regarding the meeting record retention.
[37:01] This will be the third reading.
[37:07] » Mixed up here. Hold up.
City for Arkansas Ordinance 2025-9,
[37:13] an ordinance to set the policies and
procedures for retention of public
[37:16] meeting records for reproduction and/or
inspection. Whereas it is it is
[37:21] necessary for the city of Horseshoe
Bend, Arkansas to retain records of
[37:24] public meetings so that the public can
have access to those records for at
[37:27] least 5 years. Be it hereby hereby
ordained that section one number one
[37:32] except as provided under paragraph five
of this section a public meeting shall
[37:35] be recorded in a manner that allows for
the capture of sound including without
[37:39] limitation a a sound only recording b a
a video recording with sound and picture
[37:44] or c a digital or analog broadcast
capable of being recorded. Two, if a
[37:49] member of a governing body attends a
public meeting remotely, the remote
[37:52] portion of public meeting that is
recorded under paragraph one of this
[37:55] section shall be recorded in the format
in which it is conducted. Three, a
[38:00] recording of a public meeting under
paragraph one of par or paragraph two of
[38:03] this section shall be maintained by the
city of Horseshoe Ben for a minimum of 5
[38:07] years from the date of the public
meeting. Four, the recording shall be
[38:11] maintained in a format that be
reproduced upon a lawful request. Five.
[38:15] Paragraph one of the section does not
apply to a executive sessions or B b
[38:19] volunteer fire departments. Section two.
This recording shall be on DVD or other
[38:24] digital format which allows for the city
personnel to reproduce said recording
[38:27] upon lawful request.
[38:40] Come on
accept. So you know
[38:44] » comments, suggestions.
[38:48] » Ryan makes a motion to accept ordinance
20259.
[38:52] Do I have a second?
[38:57] » Second.
[39:01] » Roll call vote.
>> Council member Yansy.
[39:04] » Yes.
>> Council member Miller.
[39:07] » Yes.
>> Council member Hilliger.
[39:09] » Yes.
>> Council member Turner.
[39:11] » Yes.
>> Council member Reigns. Yes.
[39:13] » Council member Vickers.
>> Yes.
[39:15] » Council member Dawson.
>> Yes.
[39:16] » Council member Draper.
>> Yes.
[39:19] » Okay. Ordinance 202519 regarding meeting
recording retention is passed.
[39:26] » So next time you need to have the camera
here and run.
[39:29] » That's right.
[39:33] » Ordinance 2025
>> 22 regarding vote tax.
[39:41] So this is the second reading of this
ordinance and we made changes as
[39:47] suggested in one place where it said
that the city of Horu Benjority
[39:52] vote changes to the city of Portugu Ben
city council by majority vote and we
[39:56] added uh section five which was I think
in response to um Spencer's
[40:06] uh suggestion about the base where it
says when issuing dock permits the
[40:10] Building committee should apply these
rules and regulations also but also must
[40:15] take into consideration the size of the
bait and the effect of the proposed dock
[40:18] might have on surrounding properties. So
I'll just point that out first before I
[40:22] read it.
>> Thank you.
[40:24] Ordinance 2025-22,
Ordinance 93-13 amended. An ordinance
[40:30] authorizing the city of Horseshoe Bend
to promulgate, reeregulate, enforce
[40:33] standards regarding construction of boat
docks, boat houses, and similar
[40:37] structures on lakes owned and operated
by the city of Horseshoe Bend. Whereas
[40:41] there have been several meetings and
discussions regarding this subject. Now
[40:44] therefore, be it enacted and ordained by
the city council of the city of
[40:47] Horseshoe Ben, Arkansas to wit. Section
one, the rules and regulations as
[40:51] prescribed by the city of Horseshoe Ben
and which are hereby attached are
[40:54] adopted by reference and made part of
this ordinance. Section two, these rules
[40:58] and regulations referred to in section
one may be subject to revision and
[41:02] change from time to time at the
discretion of the city of Horseshoe Ben
[41:05] city council by majority vote. Section
three, all provisions of section six of
[41:09] the municipal code of the city of
horseshoe ben Arkansas regarding real
[41:13] property may apply to these structures
on or in proximity of any of the lakes
[41:17] referred to in the rules and regulations
which are owned and operated by the city
[41:21] of Horseshoe Ben. Section four,
violation of any of the city of Porsche
[41:24] Ben rules or any section of this
ordinance will be subject to the
[41:27] enforcement and penalties as prescribed
in section 516 of the municipal code.
[41:32] Section five, when issuing dock permits,
the building committee should apply
[41:35] these rules and regulations, but also
but must also take into consideration
[41:40] the size of the bay and the effect the
proposed dock might have on surrounding
[41:44] properties. Section six, and this
ordinance being necessary for the
[41:48] immediate preservation of the public
peace, health, and safety, an emergency
[41:51] is hereby declared to exist, and the
same shall be in full force in effect
[41:55] immediately after its passage.
[42:04] Okay.
Comments, suggestions,
[42:09] discussion.
[42:13] » Are we still waiting on
Well, there's still three people waiting
[42:17] for docs.
>> I don't believe so.
[42:24] » I make a motion to hear the third time.
[42:30] We have a second.
[42:43] » I'm not really ready. I had read over
[42:50] second
[42:56] lack of a second.
All right.
[43:04] So, the next thing I want to go back to
[43:09] » resolution 202528.
This didn't get put on the agenda even
[43:14] though I had asked it to be put on the
agenda under old business. It's all set.
[43:18] It's all settled business. Sir, we
passed the resolution and we applied for
[43:23] the grant. There's not way anybody to
get back and put the toothpaste back in
[43:26] the tube.
[43:30] All right. Well, thank you for that
information, but that's not what I'm
[43:33] talking about. What I wanted to talk
about was a couple of things. Uh the
[43:38] idea that you applied for 648,435
bucks, committed the the city to
[43:46] sustaining that. It was not just for
advertising.
[43:50] Uh like you said the last time, that
wasn't true at all. But the thing that
[43:55] concerned us, Will you please let me
finish speaking?
[43:57] » Yeah, it's absolutely true, sir.
>> Will you let me finish speaking?
[44:00] » Did you read the grant? Did you apply
for the grant?
[44:02] » Will you let me finish speaking?
>> I don't did it.
[44:07] » Be respectful.
>> The mayor said that he would interrupt
[44:11] anytime there was something that was
incorrect being stated.
[44:16] » He's not a councilman.
>> Well, this is the issue. Yeah, he's not
[44:21] a councilman.
What I see on here is the seal of the
[44:24] city of Horseshoe Bent.
And what I see in the law, it's right
[44:30] here, 1443 401.
The mayor shall keep the corporate seal
[44:38] of the city in his or her charge.
I want that seal.
[44:43] I want that seal used indiscriminately.
There's the law right there if you want
[44:48] to read it.
[44:59] Everybody said the record had forever
and ever said that's everybody has said
[45:05] lots of times forever and ever things
have been done but that's what the law
[45:08] said there in the highlighted part from
the end of the sentence
[45:17] and I'll gladly sign for
All right. So, that takes care of that.
[45:23] So, now
[45:27] the veto on the no confidence vote.
That's not ve sir. We checked with the
[45:34] city attorney.
>> Well, you voted on it.
[45:37] » It doesn't matter. It's not.
>> And uh and it's a supreme compression
[45:41] for you to veto it in the first place.
So, even if it were ve
[45:45] » Well, then I guess I'll just read my
comments. So I
[45:48] » Charlie if this man doesn't keep quiet I
want him taken out of
[45:52] » why I want him taken out what
[46:02] » I'm not joking I'm not joking either sir
>> stop it to y'all read read your comment
[46:08] mayor read your comment
>> I'm trying to do that
[46:11] » read it please
>> it's not on the agenda
[46:13] » just let him read it just let him read
it
[46:17] meetings.
>> You're the one who told me it wasn't
[46:18] legal.
>> It's not It's not a veto, but you have
[46:21] to comment on it. He's either going to
do it now or later. Why don't we let him
[46:25] go ahead and comment on it now?
>> That's That's Is that okay? Or do we
[46:30] want to wait till later in the meeting?
He's He's got a right about it.
[46:35] » Do I have a right to put stuff on the
agenda?
[46:38] » You don't have a right to veto it. It's
It's
[46:40] » Do I have a right to put stuff on the
agenda?
[46:43] » Of course. Then the next time put my
stuff on the agenda.
[46:47] » I could pull the agenda.
[46:50] » Wow.
[46:57] » To the members of the Horseshoe Ben City
Council, the recorder treasure of
[47:01] Horseshoe Ben, the citizens and property
owners of Horseshoe Ben. On September
[47:06] 22nd, 2025, the Horseshoe Ben City
Council on a motion by Councilman Brian
[47:11] Miller, seconded by Councilman Shawn
Draper, introduced and passed a vote of
[47:16] no confidence in the office of the
mayor. This action was taken without
[47:21] notice, prior consultation, or public
transparency.
[47:26] The resolution was advanced on the basis
of assertations that were at best
[47:31] partial truths and at worst outright
mischaracterizations.
[47:36] Following this action, local media
outlets were provided with accounts that
[47:40] did not reflect the full or accurate
record, presenting to the public a
[47:45] distorted narrative of events. This has
cast the city of Horseshoe Bend in a
[47:51] misleading, unfavorable light and has
undermined confidence in our government.
[47:57] Even more concerning, the city council
has effectively stripped the office of
[48:01] the mayor of his statutory duties,
directing infringing upon the authority
[48:06] invested in the mayor under Arkansas
law. By seizing control of the city
[48:10] finances, brokering a for signatur
[48:17] of expenditures, the council has
effectively circumvented the checks and
[48:21] balances designed by law to safeguard
the public's funds. This maneuver is not
[48:27] only outside their legislative
authority, but it also removes the
[48:31] executive oversight entrusted to the
mayor, leaving the taxpayers exposed to
[48:35] potential abuse, mismanagement, and
unmonitored depreciation.
[48:40] Further, in overstepping the clear legal
boundaries of their office, the council
[48:46] has bound the city to contracts which
they hold no statutory authority. As a
[48:52] direct result, Horseshoe Ben is now
embroidered in a legal litigation that
[48:57] will likely cost the city hundreds of
thousands of dollars in legal fees and
[49:01] damages. Resources should be instead
invested in infrastructure, services,
[49:06] and the well-being of our citizens. This
is not governance. This is vengeance.
[49:12] Acting in resentment, the council has
abandoned the solemn oath of office each
[49:17] member swore to uphold. The oath binds
us to the Constitution of the United
[49:21] States, the Constitution of the State of
Arkansas, and the laws enacted under
[49:26] them. Yet, in their actions, the council
has disregarded those obligations in
[49:32] favor of political maneuvering and
personal retaliation.
[49:35] Behind the scenes, attempts have been
made to have be criminally charged for
[49:42] preserving lawful duties of the mayor.
My responsibilities to ensure Horseshoe
[49:47] Ben remains fiscally responsible,
transparent, and compliant with state
[49:52] law and constitutional mandates. I have
affixed my name to the expenditures,
[49:58] contracts, and ordinances, resolutions
that neither benefit the city nor comply
[50:03] to Arkansas statutes, constitutional
protections designed to protect
[50:08] corruptions and tyranny, and municipal
governor. Excuse
[50:14] me.
>> To force or coers the mayor to sign
[50:18] items would in itself constitute an
unlawful abuse of power.
[50:23] It is imperative to recall the Arkansas
code 1443501
[50:28] empowers the mayor to veto and I'm not
going to go into all of it for 5 days.
[50:33] Additionally, article 41 to2 establish
principle of separation of powers
[50:38] providing that no branch of government
may exist exercise powers belonging to
[50:43] another. The city council is a
legislated body of horseshoe bend to not
[50:47] user executive authority revered for the
mayor by statute and by the Arkansas
[50:53] constitution. Likewise, the Arkansas
Constitution, Article 12 and four,
[50:58] mandates the municipal corporations may
exercise only those powers conferred
[51:04] upon them by law when the city council
exceeds authority by seizing executive
[51:10] financial control, entering contracts
outside its power and undermining
[51:15] statutory authorities of the mayor, it
acts in violation of this constitutional
[51:20] limit and places every action in it
under legal jeopardy. Accordingly, in
[51:25] pursuit with my statute authority, I
hereby exercise the mirror veto under
[51:32] Arkansas Code 1443504.
Formally reject the vote of no
[51:37] confidence passed by the Horseshoe Ben
City Council on September 225.
[51:43] This veto not merely acts as a defense
for the office I hold. that acts as a
[51:47] protection for the people of Horseshoe
Ben whose rights, resources, and future
[51:52] are imperiled by this council's actions.
The city of Horseshoe Ben deserves a
[51:57] government rooted in transparency,
integrity, and accountability, not
[52:02] political retaliation, and unchecked
ambition. We must restore the law of
[52:06] balance of authority, reestablish fiscal
oversight, and reaffirm a collective
[52:11] oath to serve the people in accordance
with the law. respectively submitted
[52:16] Dwayne Clayer. The references are on
here.
[52:33] » Detail that that just reaffirms no
confidence that that I made personally.
[52:38] Um there there's you just wasted
everyone's time for reading all that
[52:43] because the other time to speak
>> waste my time. I wanted to hear I wanted
[52:48] to make sure
>> it was not a resolution. It was a vote
[52:50] of no confidence.
>> Brad, it's not true that there's no such
[52:55] thing as vetoing a vote of no
confidence.
[52:57] » Correct. Just so everybody's clear,
you cannot veto the vote of no
[53:03] confidence. It was not an order. It was
not an ordinance. It was not a
[53:07] resolution. However, the mayor can
comment on it. He can call it a veto. He
[53:12] can call it a rose. He can call it
whatever he wants to. It's not a veto.
[53:18] It's a comment.
[53:23] » Not a veto.
>> So, I guess that's my comment
[53:28] and I'll give you these to keep in the
record. So, moving along, new business
[53:36] » 2026 budget
[53:42] So, a copy of where we're at so far in
terms of what I've put together is in
[53:45] the thing where it wasn't supposed to be
voted on any just future any comments
[53:50] from finance committee or any additions
wherever. Um, some probably have to have
[53:56] a working meeting to go through this and
see what people want to change. But I
[54:00] put together my best guesses on
revenues. Um, the uh column with 2025 in
[54:06] it. Obviously, we're not done with 2025.
So I looked at it and made a best
[54:11] estimate based, you know, mathematical
estimate of where we'll be at the end of
[54:14] the year. So it's not the budget from
last year. The 2025 comment is where I
[54:19] think we'll be at the end of the year
for the actual actual numbers. So
[54:25] and have you forwarded all the stuff
that you were given by the departments
[54:29] to me
>> other than in my estimate you had it was
[54:34] already there.
>> All right. So this is all of it here.
[54:38] Yeah, there's a consumer water street is
all in there.
[54:44] » All right. All that was done by Chris.
>> Yes, I talked to Chris about that.
[54:51] » All right.
Resolution 202534
[54:56] setting city III policy.
>> So, uh, there they passed a law in
[55:02] August. I think they call it act 848. It
requires every city to have an AI
[55:07] policy. As far as what we do with AI,
it's probably no different than what you
[55:12] guys do with the AI. If you've got
Alexa, if you've got uh Google, what
[55:16] they call Google AI, if you've got
Copilot, if you've got spellch check,
[55:20] those are all AI and that's what we do
for AI. But the law requires us to have
[55:24] a policy. So I in fact, none of this is
really written by me other than to
[55:30] modify it so it fits your bed. So I will
read it. Resolution 25 2025-34
[55:37] resolution approving an AI artificial
intelligent policy I spelled wrong
[55:42] for city employees and contractors
whereas the city council of the city of
[55:46] Horcherin Arkansas is a duly elected
governing body of the city authorized to
[55:50] enact ordinances resolutions and other
measures pursuant to Arkansas law and
[55:54] whereas Arkansas code annotated 25128
also known as act 848 requires that the
[56:00] city develop a policy in regard to
artificial int intelligence. And whereas
[56:04] artificial intelligence is a powerful
tool if used properly, but requires
[56:08] oversight and knowledge of its
limitations. And whereas artificial
[56:11] intelligence should never be used for
improper illegal purposes and therefore
[56:15] be resolved by the city council of the
city of Horuguan, Arkansas. Number one,
[56:19] the city council hereby establishes the
attached artificial intelligence policy.
[56:23] Number two, the this policy shall be
given to all current and future city
[56:26] employees. Number three, the employees
signature is required to acknowledge,
[56:30] receipt, and review. I can read the
whole policy if you want. It's
[56:35] three pages long
>> or
[56:45] so what are you going to do with it? Are
you going to read it? Uh
[56:49] » he also wants me to do
>> three separate times and give people a
[56:52] chance to read
>> a resolution. It only has to be once
[56:56] » I've heard it. Read it.
people here. I don't mind reading. I
[57:01] just need a little water.
[57:05] » Number one purpose. This policy
establishes guidelines for the
[57:08] authorized and prohibited use of
artificial intelligence and automated
[57:12] decision tools by employees and
contractors of the city of Horseshoe Ben
[57:16] here and after called the city in
compliance with act 848. The CNB
[57:20] Arkansas can Arkansas annotated 251128.
Definitions. Artificial intelligence. A
[57:26] machine-based system that based that
based on human defined objectives can
[57:30] make predictions, recommendations, or
decisions influencing real or virtual
[57:34] environments. Automated decision tool. A
system or service that uses AI and it
[57:38] has been specifically developed and
marketed or specifically modified to
[57:42] make or or to be a controlling factor in
making consequential decisions. Employee
[57:47] and any person employed by the city.
Authorized use. AI and automated
[57:51] decision tools may be used to enhance
efficiency, accuracy, and service
[57:54] delivery in city operations. All
consequential decisions involving AI
[57:59] tools must be reviewed and finalized by
a human employee or authorized
[58:02] designate. AI tools must not be used to
make autonomous decisions without human
[58:07] oversight.
In accordance with section D of Act 848,
[58:12] AI and automated decision tools shall
not be used by city employees to one,
[58:16] express personal political opinions to
elected officials unless within the
[58:20] scope of the employees job duties or
upon request by an elected official or
[58:24] public entity. Two, engage in lobbying
an elected official on a personal
[58:28] opinion if the employee is not a
registered lobbyist for the city. Three,
[58:32] engage in illegal activities or
activities otherwise prohibited by
[58:35] federal or state law. Four,
intentionally override or avoid the
[58:38] security and system integrity procedures
procedures of the city. Five, protecting
[58:43] personal information. Employees must
never put input personally identifiable
[58:48] information into AI tools. This includes
but is not limited to full names of
[58:53] individuals, social security numbers,
driver's license or ID numbers, home
[58:57] addresses or phone numbers, email
addresses, medical or financial records,
[59:01] employer or student ID numbers, photos
of individuals without consent. Six,
[59:06] training. All employees are strongly
encouraged to attend training on Act 8
[59:09] D48 and proper use of AI prior to using
AI on city business or equipment.
[59:14] Training shall be provided through the
Arkansas Municipal Police ACE hub AI
[59:18] training or other approved sources.
Eight, disciplinary action. Violations
[59:23] of this policy may result in
disciplinary action up to and including
[59:26] termination in accordance with the
city's personnel policies and
[59:29] procedures. Nine, acknowledgement. I
acknowledge that I have read and
[59:32] understood the artificial intelligence
policy. I agree to follow all rules,
[59:35] responsibilities, and guidelines
outlined in the policy, including the
[59:39] appropriate and ethical use of
artificial intelligence tools. I
[59:42] understand that violations of this pol
policy and or failure to comply with
[59:45] this policy may result in disciplinary
action up to and including termination.
[1:00:01] Bill, where did you obtain this uh
artificial intelligence and policy?
[1:00:05] » Basically, uh municipally has a
basically it's a course that I had to
[1:00:10] take and part of that was this document
as a template and I personally without
[1:00:16] AI filled in the differences from
Horseshoe Bend in the places where it's
[1:00:20] supposed to be horses Ben and things
like that. That's nice.
[1:00:28] Any other questions, comments,
>> discussion?
[1:00:34] » Do I have a motion on resolution
2025-34?
[1:00:40] » I'll make that motion.
>> Travis makes the motion. Do we have a
[1:00:44] second?
>> I'll second it.
[1:00:46] » Janette seconds.
>> All those in favor signify by saying I.
[1:00:52] I
>> all those oppos say the same.
[1:00:55] Resolution 2025 34 passer
[1:01:09] » sheriff's contracts
assuming you got this tool but this was
[1:01:14] sent to me from the sher the sheriff's
department has offered to extend our
[1:01:18] contract at the exact same price for one
year
[1:01:21] copy of the
[1:01:40] Do we have any kind of a worksheet chart
that shows
[1:01:46] » worksheet?
[1:01:50] We're going to read the com read.
>> What is the contract?
[1:01:54] » My suggestion
uh we bring this up at finance committee
[1:01:59] and we actually look at the copies of
the contract and can you give us a
[1:02:03] worksheet or breakdown of the 313,000
>> just like where it's going? I I saw it
[1:02:10] somewhere but I don't see it here in the
packet
[1:02:13] » of what we were actually
>> paying for. Well, there's a breakdown in
[1:02:19] terms of deputies and excellences.
[1:02:25] » So,
we didn't break down one office.
[1:02:32] » All right.
>> We'll get get
[1:02:36] wed the same as currently, just
different dates.
[1:02:54] the sheriff's here. If there's any
anything you're requesting for him to
[1:02:58] provide you before the finance meeting,
please let him know.
[1:03:05] I
[1:03:09] » mean the contract date I think is
December
[1:03:13] 23 or so
>> January 1st.
[1:03:17] » All right. But I think we have to give
you a decision by December 23rd. I think
[1:03:20] it's the last day that we need to make a
commitment on.
[1:03:31] » So are we talking about it in finance?
Are you ready to finance?
[1:03:39] » I'll make a motion to finance.
[1:03:44] » Second.
[1:03:47] » All those in favor signify by saying I
>> opposed.
[1:03:54] to find next.
[1:03:59] » Many vacancies.
[1:04:27] 3:00 a.m.
[1:05:10] I'm assuming these are people that you
want me to interview and to talk with
[1:05:13] the committees
>> for what you have done.
[1:05:17] » As I say, I talked with the airport
commission today.
[1:05:21] uh
>> talk with them too well and I can talk
[1:05:25] with the people on the planning
committee since that seems to
[1:05:29] » the two biggest rooms that people want
to get filled.
[1:05:44] » Okay, public comments. We had people
that wanted to specifically pop and have
[1:05:50] their name put on this or uh agenda too.
>> Kaden Wise, Ian Sretzo, Nicole Cheryl,
[1:06:00] Michaela Herring,
I think it's Kina Rip, and Kalishia
[1:06:06] Smith. Doesn't matter which order you
take, you're learning
[1:06:13] time.
[1:06:22] right there. Talk right
that way everybody be able to hear me.
[1:06:34] » Good evening council and community of
horseshoe bench. My name is Kaden Wise
[1:06:38] and I'm proud to be a boy scout. We are
Horseshoe Ben Troop 640 and and at this
[1:06:43] time I'd like to bring my peers up to
recite the scout pledge for those who
[1:06:46] don't know what a scout stands for.
Members of Troop 640, please join me
[1:06:50] before the council.
[1:06:56] They just
[1:07:02] » Yeah.
[1:07:05] » A Boy Scout is trustworthy, loyal,
helpful, friendly, courteous, kind,
[1:07:12] obedient, cheerful, thrifty, brave,
clean, reverent. Three.
[1:07:30] Since our scout pack was formed outside
of the scout building with the promise
[1:07:33] of occupying that building over a year
ago, we've done so much and have made
[1:07:37] some great memories doing it. The most
memorable for me was being strapped to a
[1:07:41] slideboard with a neck brace where we
learned about providing medical care and
[1:07:44] time of need. From marsh from
marshmallow catapults to pinewood derby
[1:07:48] races, it always wasn't it wasn't always
about fun and games all the time. My
[1:07:52] fellow scouts and I cleaned up the
walking trail, constructed bird houses
[1:07:56] and bird feeders were placed on the
trail, fabricated and placed the bike
[1:07:59] trail signs and helped honor our fallen
heroes by placing bosses and flags on
[1:08:03] the graves on the mort. As for my
favorite part, I enjoy helping the cops
[1:08:07] goes even on my own little brother. I
used to nanny with my mom into the grunt
[1:08:10] stroke for mom. Getting to work together
on certain projects help us all grow as
[1:08:14] a pack. Working together for the greater
good is such a valuable lesson, much
[1:08:18] like staying true for you would. It's
sad to imagine that all of our hard work
[1:08:22] isn't enough in the council's eyes. And
that despite our previous and future
[1:08:26] community service hours, they want to
charge us rent to use a building that
[1:08:29] was supposedly renovated for us and
promised to us. A consistent safe place
[1:08:34] to meet. Meet means a lot. And in
return, my peers and I would be proud to
[1:08:39] continue to serve the community of
Hershey, especially in a building with
[1:08:42] so much history. 40 years worth of
scouts have been in and out of that
[1:08:46] building. Please allow to continue a
scouting legacy in a building that's
[1:08:50] been long dedicated with scouts. Thank
you.
[1:09:06] Council
>> Ian Cir. Her name is Ian Circ. I claim a
[1:09:13] lot of different roles, right?
>> And all of you do too, I'm sure. Dad,
[1:09:18] brother, husband,
[1:09:21] and I'm sure we're all dedicated to each
one of those, right? One one of the ones
[1:09:26] that I really enjoy to do is with these
little ones. I got I got a uh Katie
[1:09:34] 13year-old and a six-year-old, right?
This means a lot to them. Getting to go
[1:09:40] somewhere consistently, safely,
securely.
[1:09:44] And I said consistently cuz it's an
important piece of it. But I'm not here
[1:09:49] for political theater, right? Cuz I I I
sense it. I see it. I feel it. I'm not
[1:09:54] ignorant to it. But
we were promised that building standing
[1:10:00] out there that day, right? There were
Steven Wagner was there. Chris Underwood
[1:10:06] was there. Mayor Delair's promised the
building direct comm not communication
[1:10:12] personally, but Mr. Miller,
and I quote from a email he had, having
[1:10:20] those boys back in that building is
exciting, right? Surely that segment
[1:10:25] wasn't over profiting off of them,
right? Couldn't have been. It's um a
[1:10:31] rental fee in exchange for hours of
community service and youth outreach
[1:10:36] thing that scouts are liability.
And the membership to BSA
[1:10:42] has its own facilities and indemnity
agreement. It's come since 1975.
[1:10:51] And because we're rally located out
here,
[1:10:55] a lot of the kids have limited access to
extracurricular stuff, right? Often
[1:11:02] finding themselves vandalizing Veterans
Park, things like that, right? That
[1:11:07] happens regularly. And it's not because
they're bad kids necessarily,
[1:11:12] that they lack an outlet or a consistent
outlet. Every once in a while isn't
[1:11:18] consistent.
going to the same place every week is
[1:11:23] consistency.
[1:11:26] But yeah, they're not bad kids. They
just lack an opportunity. And
[1:11:31] ironically, the troop had just got done
building benches. Those kids saw
[1:11:36] weathered benches, right? Just some beat
up old benches that it didn't matter if
[1:11:40] they broke. These kids right here just
built benches. They understand that hard
[1:11:45] work goes into those. team effort
that those benches are going to be
[1:11:50] placed in the community
for any one of you to sit on.
[1:11:55] They recognize that
[1:11:59] we're building character, not just
benches, right? This is long-term
[1:12:04] sustainability, not just to this
community, but everywhere around here.
[1:12:10] And that reinforces why this is
important.
[1:12:14] Instill in the values in these little
ones.
[1:12:18] That'll help this community kind of dial
in
[1:12:22] this separation that I can feel. I don't
even live here and it's obvious.
[1:12:30] So, I I want to make sure council
considers everything I've said, what
[1:12:34] these kids mean to me, what these kids
mean to the community.
[1:12:39] as we present a proposal
and then we can discuss it amongst
[1:12:45] ourselves.
[1:12:48] » Council, I appreciate it. Thank you.
[1:13:08] And finally, the elephant in the room.
Hello, council. My name is Nicole and
[1:13:13] I'm a committee member for Hershey Ben's
troop 640. Gracious community of
[1:13:17] Horseshoe Ben, thank you for your
constant support of these scouts. Please
[1:13:21] know that the recorder treasurer has
been given a packet of evidence to
[1:13:26] factualize every statement said at
tonight's meeting. A packet that can be
[1:13:30] foyed by anyone curious enough to
divulge into the mess I found myself in
[1:13:34] on behalf of my 19 scouts. A packet that
myself and a friend have mere copies of
[1:13:42] to compare to if need be.
[1:13:49] First, let's address a few key points
pertinent to understanding the
[1:13:52] situation. For decades, in newspaper
articles, bids, payments made, numerous
[1:13:56] official documentation on this city's
own Facebook page, and in emails from
[1:14:01] the council and the mayor, it has always
been this building reference throughout
[1:14:05] the packet. The MRI unsuccessfully tried
to demolish the condemned building in
[1:14:12] 2022 and kicked out our brother and
sister scouts with Chris Underwood. The
[1:14:16] community rallied behind them. Thank
you, Horseshoe Fund. And the building
[1:14:20] was saved. Reference to the meeting
minutes on page 5 through 11 in the
[1:14:24] packet. The building was never
condemned. The roof was fixed through an
[1:14:28] interest claim and Ro Johnston mitigated
what little mold there was himself.
[1:14:33] Reference pages 1235, 36, and 37.
>> Cochran Home Inspections published a
[1:14:39] report saying what needed to be fixed.
Dan Robinson was paid over $10,000 for
[1:14:43] the repair reference pages 13 through
34. And not once was the building a
[1:14:48] safety concern per the inspection report
by Cochran, page 12. A building city
[1:14:54] council walked us out of by changing the
lock so we couldn't access our own
[1:14:58] supplies kept inside the building that
were needed for our last troop meeting.
[1:15:02] reference page 62. A space being
utilized exclusively by the BSA doesn't
[1:15:07] have to be ADA compliant per the BSA
website under accessibility
[1:15:11] considerations. Reference my draft
proposal that you'll be getting shortly.
[1:15:16] And through an in donation, the free
lease can be granted to the BSA by the
[1:15:21] city with a traditional less or less
stipulation.
[1:15:25] And finally, adding another for rent
facility hoping to make profit is absurd
[1:15:29] when you consider the current for rent
facility, the community center, profited
[1:15:33] only $328 in the first four months, $388
in the last eight months, and cost the
[1:15:39] city almost double that in electric
bills for one month. Page 63 through 66
[1:15:46] for reference. Now that that's been
addressed, we'll continue with what was
[1:15:50] said at the previous city council
meeting. Starting with the avoiding a
[1:15:54] lawsuit by not picking and choosing who
receives what. The Chamber of Commerce
[1:15:58] was a city-owned building that somehow
became a volunteerowned building that
[1:16:03] later again became city-owned. It is
currently a city-owned building being
[1:16:07] used rentree by an unaffiliated entity
for stipulations and an addendum to the
[1:16:12] 25-year lease that was drafted. city
building rent free meaning you couldn't
[1:16:17] offer a similar lease
>> that's your three minutes so sorry just
[1:16:22] » that's rude can I continue
>> yeah sure
[1:16:24] » thank you
>> I I if somebody else um Michaela Herring
[1:16:30] had my next that she was going to
relinquish to me do we need to do that
[1:16:34] or
>> yes she can relinquish it to you go
[1:16:36] ahead
>> thank you mayor
[1:16:39] » a city building rent free claiming you
can offer a similar lease to the BSA is
[1:16:43] critical, especially when you consider
that we are a 501c3 providing direct
[1:16:48] service to the community, much like the
Horseshoe Ben Chamber of Commerce
[1:16:52] pretended to be for months to claim tax
exemption. Reference pages 38 through 51
[1:16:58] regarding legality of leasing a building
rentree. refer to title 22 chapter 4 sub
[1:17:04] chapter 5 that says of Arkansas code
that says any municipal corporation
[1:17:09] shall have the authority to sell lease
grant exchange or otherwise dispose of
[1:17:14] property dedicated to a public use for
recreational or park purposes. The
[1:17:18] building will be utilized for our
bi-weekly troop meetings, our bi-weekly
[1:17:22] leadership meetings to plan and prepare
our activities such as our gutterboat
[1:17:26] races we're about to to do, and will be
open to the public for future events. To
[1:17:32] clarify, at least to the Boy Scout
building to the scouts, we'll serve the
[1:17:36] municipality through community service
and youth outreach. The benefit is
[1:17:40] greater than the value of the building
because of our ongoing dedication to the
[1:17:43] community and the commitment to
Horseshoe Ben's future adult citizens.
[1:17:47] Public use will not be extinguished,
rather encouraged and regular at
[1:17:51] regularly scheduled events. Which brings
me to the next issue, insurance and
[1:17:55] liability. As guests at the scouts, all
those in attendance to any event hosted
[1:18:00] by us would be covered by the BSA's
facility in indemnity agreement. The
[1:18:04] agreement covers any scout scouting
unit, member, visitor, volunteer, or any
[1:18:08] other person arising in or any way
connected to directly or indirectly with
[1:18:14] scouting. see the proposal draft will be
given to you shortly. We are a nonprofit
[1:18:19] requesting exclusive use of at least one
section of the building to securely
[1:18:23] house our belongings and our stacks and
refreshments for the members. A space
[1:18:27] that's ours to decorate and dedicate
completely to the kids. a section of the
[1:18:31] building that will that and end a
genderneutral bathroom that will need to
[1:18:36] come with it will be used for the scouts
exclusively and there would therefore
[1:18:40] wouldn't have to be ADA compliant unless
unlike the rest of the building that
[1:18:44] would remain public. See accessibility
considerations in the proposal draft. In
[1:18:50] conclusion, and most importantly, my 19
scouts are not a liability. They are not
[1:18:54] a burden and the city needs and deserves
all that the scouts can offer. We are an
[1:18:58] asset to the community and we're more
far worth more than a monthly rent
[1:19:03] charge. And the proposal
as well as over 200 signatures from the
[1:19:10] community are in these folders that can
also be voided should you be interested
[1:19:15] enough to look into the mess that I
found myself neck deep in just trying to
[1:19:20] provide a building that was promised to
19 kids the day we started the scouts.
[1:19:25] Thank you.
[1:19:43] Who promised the scout to you?
[1:19:49] um Steven Wagner, Chris Underwood, Amar
Deair, and there's also correspondence
[1:19:54] from Brian Miller and emails that
suggests I mean that that that could be
[1:19:59] looked into saying that yes, this
building
[1:20:01] » when it belonged up to MRD bill,
correct?
[1:20:04] » The building in question.
>> Yes.
[1:20:06] » That was then turned over to the city.
>> Yeah. But it was promised to you when it
[1:20:10] belonged to the MR. Correct.
>> Oh, no sir. This was um previous to the
[1:20:14] MR fizzling out as well as after.
>> Okay. So it was promised to you after
[1:20:18] the M was dissolved.
>> Um Mayor Delair, Steven Wagner, and
[1:20:25] Chris Underwood as well as from
>> the reason I bring it up, the only
[1:20:28] reason I bring it up is when the MD was
dissolved, it became a new asset to the
[1:20:32] city. So anything previously to that, we
have to determine what we're going to do
[1:20:36] with that building. It has to be done
equally across all clubs, not just
[1:20:40] specifically which is why I suggested
using just one room for dedicating it to
[1:20:45] the Boy Scouts I
fantastic. It would allow you to try to
[1:20:50] profit off of another for rent building
even though the one is doing so well.
[1:20:54] » No one's trying to profit off.
>> Well, then I charge the Boy Scouts rent.
[1:20:57] » It was I suggest that no one has voted.
Not one person in this council has voted
[1:21:02] anything about it.
>> And that's why I'm here to make sure
[1:21:05] that when that vote goes through, the
people of Horseshoe will support my
[1:21:08] scouts and say that we deserve a safe,
consistent place to be.
[1:21:20] » Also to several there there's Jonia in
the White River District that utilizes a
[1:21:27] city building rentree. The scouts are
allowed a a a facility, a room as well
[1:21:32] as a storage facility that's locked from
public use, I believe, by the city of
[1:21:37] Jonia. And if Judsonia, a small m
municipal such as that could could
[1:21:41] provide that, why couldn't Horseshoe
Band?
[1:21:43] » No one's saying we can't.
>> Well, here we are.
[1:21:45] » How many meetings are we talking about?
>> Meetings. It's every other week. Is that
[1:21:50] 26 meetings a year?
>> Well, it would be a bi-weekly um
[1:21:54] scheduled troop meeting and then we'd
also utilize it. I mean, these these
[1:21:57] gutter boats, I've got oh gosh, so much
to compile to make these the these
[1:22:03] things don't happen overnight. So, we
need we need a place for our leaders to
[1:22:07] congregate and to, you know, get these
supplies together. I I there's going to
[1:22:12] be cutting and and prepping and and we
need a spot where we can, you know, have
[1:22:17] our things there that we could go and do
this. So, no. So, we're talking at least
[1:22:21] four meetings a month on top of our
spectating events like our gutter boat
[1:22:25] races that we're fixing to do. So, it
would be used far more than four times a
[1:22:30] month.
>> More than twice.
[1:22:33] » Yes, sir.
>> One a week.
[1:22:34] » I'm sorry.
>> At least once a week probably
[1:22:37] » like likely once once a week would be a
comfortable m maybe twice if I mean
[1:22:41] these the like I said I referenced the
gutter butts because that's our our next
[1:22:45] project. I mean, these benches, we we
had to prep all of that lumber before
[1:22:48] they cut all the I'm not going to give
them a table saw.
[1:22:51] » We give them drills.
>> You're just for understanding. I'm just
[1:22:55] for understanding. That's all.
>> So, I understand. I see what you're
[1:22:59] trying to do is to say that we're not
going to utilize the building, but we we
[1:23:02] we would if we had it to at our disposal
to be utilized, which we haven't. We've
[1:23:07] been meeting at the community center.
>> You have to understand we need a place
[1:23:12] to put all of our stuff with Boy Scouts,
>> right?
[1:23:15] The prior prior troop had a a trailer
and I guess it went with them. They they
[1:23:19] stored a lot of stuff in the trailer
that was there with the troop.
[1:23:22] » Yeah. The trailer that said boy scouts
along with the boy scout building that
[1:23:25] also had proudly home of the BSA before
the Mid kicked them out. I remember I
[1:23:31] saw the pictures.
>> Yeah.
[1:23:42] So, as you're proposing, they would use
well, one bathroom, one room for
[1:23:48] storage,
>> and it's a happy middle ground. I I'm
[1:23:51] trying to make a a you know, I'm I'm
trying to be helpful and make it
[1:23:57] possible for my scouts. You want a place
for rent. Why? I'm not sure, but you
[1:24:01] would like to rent out that part of the
building, make it publicly accessible.
[1:24:05] Fine. There's two entrances. One can be
locked off from the public use area. Our
[1:24:10] section is done. Thanks to the people of
Horseshoe for saving that building for
[1:24:13] these scouts because it's needed. This
community needs scouts. I mean, it's
[1:24:18] it's a sad place to be. That's one thing
I realized when I went petitioning
[1:24:22] through the community is how unhappy the
people of Horsu are. that not one
[1:24:26] positive thing aside from how happy they
were to have the scouts in the community
[1:24:31] was said when I was petitioning. It was
one negative thing after the other after
[1:24:35] the other. It was absolutely draining.
>> The original setup at that building when
[1:24:40] Charlie and I started redoing it was to
take that wall out in the other right
[1:24:44] hand side. The Boy Scouts would have the
right hand side, the larger room.
[1:24:49] There's storage behind. There's double
bathrooms there for guys and girls. And
[1:24:54] the lefthand side could be used by any
other group that wanted to. The Girl
[1:24:59] Scouts talked about wanting to use the
space. You could put 4 in there. You
[1:25:03] could put FAA in there. That's what the
building was redone for in the first
[1:25:08] place and that's why it was saved, let
alone the historic value of that
[1:25:12] building.
>> So that's why way we set it up when we
[1:25:17] originally redid it. And as far as the
ADA compliancy thing, that would be up
[1:25:21] to the city to spend whatever it needed
to to make sure that the public use side
[1:25:25] was ADA compliant because it would need
to be to be rented out. Our boy scout
[1:25:29] side wouldn't need to be and that that
our accessibility considerations are
[1:25:33] also in the proposed lease as well as
the proposal to the council.
[1:25:40] » Very nice. And my understanding is the
city attorney expressed that since the
[1:25:45] city took it over their reservations
along, we'd have to bring it up to ADA
[1:25:49] compliance.
>> If someone else used it,
[1:25:52] » it would be a private use spot. The
room, the bathroom, as well as our
[1:25:57] storage facility would be locked away
from the public use areas. It would not
[1:26:01] need to be ADA compliant. I have
included the accessibility and
[1:26:04] considerations from the BSA in my
proposal.
[1:26:07] » You're a private club. You don't have to
comply with ADA. You don't have to
[1:26:20] apologize for sending an email that says
do not discriminate against people with
[1:26:25] disabilities. Make the building ADA
compliant.
[1:26:28] » As I said, for the rest of the public
use part of the building, 120%. That's
[1:26:33] not to say that we wouldn't make
whatever considerations we would have to
[1:26:37] make to allow somebody to be accepted
and and and to be part of our Boy Scout.
[1:26:43] That is
>> I mean that is Well,
[1:26:46] » I'm clarifying that right now that we
would make whatever we needed to happen.
[1:26:51] » Don't No, you're you're misinterpreting.
I'm not going to apologize for that. I
[1:26:55] hope everybody understands. I will not
apologize for saying to not discriminate
[1:27:00] against people with disabilities and
make building ADA compliant. do it.
[1:27:06] » I don't think anybody saying
>> I just don't believe it has to be done
[1:27:11] immediately. Something who could do it.
>> Every attorney, every city attorney
[1:27:16] America tell every city that um but but
I'm impressed with the counter offer to
[1:27:24] let the city use part of the
>> I'm impressed with my scouts that are
[1:27:28] sitting so patiently in the
[1:27:39] Having experience in the code field for
over 30 years, I would highly recommend
[1:27:45] that even though you're a private group
that the building be ADA because you
[1:27:52] could end up with someone wanting to be
a scout that is
[1:27:57] » in which case we would adjust
accordingly. there are other facilities
[1:28:00] that we could utilize to make that
arrangement for said person if that was
[1:28:05] we'd build a ramp. I my my husband he's
used to be a contractor in Colorado. He
[1:28:11] has built an ADA compliant ramp before.
I mean between between our resources
[1:28:17] that we have within our troop, you know,
our leaders, I I would think we could
[1:28:22] probably figure out a way to make one
room ADA compliant for a person of of
[1:28:27] special needs. I I really feel confident
in saying that we could probably make
[1:28:32] that happen.
>> The scouts are willing to finish the
[1:28:35] building on their own at no cost to the
city and I'm sure they can make it
[1:28:41] » ADA compliant. So, what we're talking
about here is kind of spinning our
[1:28:45] wheels. What we need to decide is, are
we going to give them a lease so they
[1:28:49] have a building and they can build a
future on, or are we going to charge
[1:28:53] them $15 a meeting to show up?
And that was brought forward right in
[1:29:00] this room.
>> Nobody said it wasn't. I said nobody has
[1:29:03] agreed on voted on it.
>> Somebody says,
[1:29:09] » "You're going to vote on it."
>> I don't think many people here thought
[1:29:13] it was any suggestion or a talkound when
they wanted to see whether the boating
[1:29:17] and fishing would come up and pay the
money. it would have moved to an
[1:29:20] ordinance that would have been voted on
>> and there was people that were willing
[1:29:24] to make that payment, but I think
there's more people willing to say this
[1:29:28] is ridiculous. We need to do something
for the children in this city.
[1:29:32] » Thank you.
>> No one should have to step up to be able
[1:29:36] to pay for the scouts to use that
building. These right here are y'all's
[1:29:39] future.
>> I think y'all are getting angry over a
[1:29:42] lot of things that hadn't been decided
yet.
[1:29:44] » Nobody's getting nervous.
[1:29:56] Yeah, I got something new.
>> Cheers.
[1:29:59] » But you really help win your spot right
now.
[1:30:02] » Show them how big of a smart ass you can
be standing up.
[1:30:11] » Okay, folks. This is This is
>> council meeting. I'm just going to let
[1:30:17] you know right now.
>> Yeah. I I don't see a future in this
[1:30:23] whatsoever. Is there any other comments
that people want to make about it?
[1:30:28] Is she
>> Yeah. None of us would be here if it
[1:30:31] hadn't gotten mentioned. She wouldn't
have did all that work and all would not
[1:30:36] be here tonight to sit here. This is why
I don't come to these meetings because
[1:30:40] it is awful how you people are.
[1:30:52] to that concerned citizen was somebody
laughing behind me to perpetuate the
[1:30:57] fact that they
>> How how sad. That's not funny. They
[1:31:02] laughed at that. That's not funny.
>> Well, thank you very much%.
[1:31:09] » I appreciate it.
>> My My scouts appreciate it. Thank you.
[1:31:13] My families appreciate it.
>> All right. Is there Thank you very much,
[1:31:17] Nicole. I appreciate it, too. Is there
anybody else that wants to talk?
[1:31:21] Anything else you want to do?
>> Yes.
[1:31:35] » James Floyd
to uh correct one one comment I just
[1:31:40] heard. The MRI did not kick out the
scouts. That building had become vacant
[1:31:46] and it was an attractive nuisance and it
was suggested that the building bears
[1:31:53] » and that is the the truth. No building
for multiple months.
[1:32:07] » Chris, you want to say anything?
[1:32:11] Chris, do you want to say anything?
>> You should.
[1:32:16] » This is Mr.
>> Yes,
[1:32:23] » the promise that was made outside of
that building since it's being
[1:32:26] » my but tell you what, my name is Steven
Wagner. I work for the the natural state
[1:32:31] council headquartered out of Little
Rock. I'm a district executive. I cover
[1:32:36] area from BB. I always tell people BB
North to Missouri. I've got White,
[1:32:41] Clayburn, Independence, Fulton, Sharp,
and Hisard County. I've been on the job
[1:32:45] a little over a year and and it's
actually I got encouraged
[1:32:50] uh by folks to come up here and heard
that there was an interest in scouting
[1:32:55] and getting something going. I go around
and recruit. I've got 30 elementary
[1:32:59] schools that I'll go around to, multiple
school districts. Scouting is growing
[1:33:06] in this district. The counties that I
named, we've gone from having nine units
[1:33:13] to 19 in the last year. Horseshoe Bend
is one of those. And you have folks, you
[1:33:22] have an exceptional group of leaders and
young people that I'm just really
[1:33:28] impressed with. But uh but yeah, I came
up and started checking things out,
[1:33:33] visited with Mayor Valair, uh Chris
Underwood. I know there's a lot of
[1:33:38] disagreement on some of the history of
it. The one thing I all I can say is
[1:33:44] that for decades that building was the
scout hut.
[1:33:50] » That's what it was that's what it was
known by. That's what everyone kind of
[1:33:54] just can agree with. But folks,
you've got an opportunity
[1:34:01] as a community.
And these scouts are part of that
[1:34:06] opportunity to do some great and some
wonderful things. And as I was sitting
[1:34:11] there and there were a number of times I
just closed my eyes and I started
[1:34:15] praying
because y'all need a lot of prayers and
[1:34:19] help me in my prayers
>> because there's a lot of healing that
[1:34:23] needs to take place
>> and these scouts are trying to to live
[1:34:28] by and they started off with the oath
from the law and that's what they're
[1:34:33] trying to live by. and you've got some
parents who are dedicated teaching them
[1:34:38] and some other other young people in the
community. But I just um we want to
[1:34:43] clarify that Chris and I we the bald
hair head and this that and the other
[1:34:48] but there's a lot of the resemblances in
there but uh but that's who I am say
[1:34:53] Steven Wagner but I work for the council
but just God bless y'all and you know
[1:34:59] and the energy
that and the caring that y'all have on
[1:35:03] both sides of issues for your community
and just please please
[1:35:11] uh worked on some of the healing that
that I know needs to occur. That's one
[1:35:14] of the things scouting teaches
is that that we're supposed to get along
[1:35:20] with people. That's one of the things
that we teach. But God bless you.
[1:35:31] I have a question,
ma'am. If uh
[1:35:38] » Nicole, if you if uh leadership would if
the council agrees to it and give you a
[1:35:46] lease
with that, you would have the
[1:35:50] protection, but is it possible that
volunteers and the scouts would work
[1:35:55] together to make that building ADA
compliant?
[1:36:02] You're talking about tens of thousands
of dollars doorways and bathrooms.
[1:36:08] » That's not on the Boy Scouts. That's
that as far as surpassing what we could
[1:36:13] offer as far as community service. We
are all for community service. I mean,
[1:36:17] let let all you got to do is look
outside. We we're responsible for the
[1:36:21] the walking trail. I mean, the the the
like my son said, the flags and crosses
[1:36:27] on the headstones of our fallen soldiers
when nobody else would show up to help.
[1:36:32] And that that was the Boy Scouts. We put
in our fair share of community service,
[1:36:35] but that's not community service that
should be put on.
[1:36:38] » Half of our our kids are cubs. I mean,
we only have three that are Boy Scout
[1:36:43] age. The rest are cubs.
>> I think you're misunderstanding my
[1:36:46] statement. No one's saying if we make it
a lease, we're solely for the Boy
[1:36:50] Scouts. It's no one else use just the
boy scouts.
[1:36:54] » And it's your ability. You wouldn't have
to do it immediately over time to make
[1:37:00] should a scout come along that has a
disability that you would have sometimes
[1:37:07] the building like you did to Chris
Underwood and his troops too.
[1:37:13] It would be too expensive to make it ADA
compliant. And oh, guess what? we get to
[1:37:18] demolish it like we wanted to in the
first place. That's would be my concern.
[1:37:22] » So, no. I I say no.
>> Good.
[1:37:24] » All right.
[1:37:32] » And Lisa that that even Mr. myself said
that it looks
[1:37:39] » appropriate given the
>> I would like for that to be addressed
[1:37:43] before anything else.
>> As the city attorney said, you wouldn't
[1:37:46] need an ADA compliant for yourself.
>> Unless someone came along who wanted to
[1:37:52] be a boy scout, they would need it. So
you wouldn't need to do that any work at
[1:37:57] all until that arises is what I was
thinking. No, don't
[1:38:01] not
>> I'm saying solely lease the building.
[1:38:06] » That's right.
>> To the Boy Scouts alone.
[1:38:09] » Okay.
>> Not be on the shoulders of the Boy
[1:38:11] Scouts of the BSA to make you are
building 88 to do what you should
[1:38:16] » only if your need only if your need
arises for a boy scout because you say
[1:38:20] you don't need it until you have someone
who who needs a ramp. I don't I don't
[1:38:26] know a person a person person you don't
have
[1:38:29] » but there may be a person come along
>> that's all that's all I'm trying to do
[1:38:33] is guarantee that you will do
accommodation what you said you would
[1:38:38] » I'd like to make him a suggestion that
uh we take time to talk about and uh I
[1:38:46] be a bridge to go between you I
understand what Brian's saying and I
[1:38:50] don't think what he's saying is wrong
and certainly the city attorney the idea
[1:38:54] that We want to make it com compatible.
By throwing those together, we're
[1:39:00] creating a fight here that there doesn't
have to be, right?
[1:39:03] » You need a bu building to be in. It
sounds like the council's willing to
[1:39:07] give you the building.
>> Now, if we add an extra thing of how do
[1:39:12] we fix it up, you would have a lease so
you're not being thrown out.
[1:39:17] » Exactly.
>> And so, let's all think about that
[1:39:20] because I know we're all emotional right
now over all of this,
[1:39:23] » okay? because it hit everybody wrong
that we were going to charge the Boy
[1:39:27] Scouts for a meeting.
>> That's ridiculous.
[1:39:33] » Right.
>> But what about the other part?
[1:39:37] » No. No. The whole building the whole
building leaves the Boy Scouts. We're
[1:39:41] not talking about
>> Yeah. Let's Let's talk about it. Okay.
[1:39:45] Can we just take a break and think about
it and let Brad look at the proposal?
[1:39:50] » Let the council talk about it.
>> Yeah.
[1:39:53] » Yeah. Let's just make sure
>> there was there was a mention of the
[1:39:57] other building less for 25 years. I'm
saying maybe again I'm not trying to
[1:40:02] iron this out tonight but the other
building had 25 years.
[1:40:06] » Maybe we could make lease like that with
Boy Scouts. There are contentions. I if
[1:40:09] you if you move away then all bets are
off and and of course that would
[1:40:14] terminate the lease. I'm saying we need
to iron out the details of the lease.
[1:40:20] Uh, and I would hope
that if girl scouts want to use a
[1:40:26] building, I'm sure they can come to the
Boy Scouts and you guys work something
[1:40:29] out among the two groups.
>> You don't need us involved in it.
[1:40:34] » Absolutely.
>> You see what I'm saying?
[1:40:37] » We thought you were just talking about
[1:40:43] » I'm one person.
All right. So, we have an open line of
[1:40:48] communication. We have two ideas on both
sides and let's try to put them
[1:40:52] together. Is that fair for everybody?
>> Do I have a motion to adjourn?
[1:40:58] » I'd like
[1:41:01] » Yes.
[1:41:38] I don't think so.
[1:41:55] My name is R. Johnston. Uh, since I've
been uh referenced tonight in mayor's
[1:42:02] veto, I wanted to come up and talk. I'd
like to comment on the mayor's reference
[1:42:06] to stacking committees in reference to
his veto. Last year, after a review
[1:42:12] council was voted in following a
building committee meeting the mayor
[1:42:15] attended, the mayor spoke to all of us
after the meeting concluded and before
[1:42:21] we left, the mayor asked if we could all
resign so he could reappoint us all so
[1:42:26] that our term would exceed the term of
new council.
[1:42:30] present were when we were asked by the
mayor were myself, Dan Robinson, David
[1:42:36] Delvakio, and Mark Savano. I asked the
mayor if that was legal. The mayor
[1:42:42] responded he would look into it and get
back to us. He never did get back to us.
[1:42:47] Mr. Psych, did he ever ask for your
opinion on that?
[1:43:00] Okay. Thank you.
>> I never asked but
[1:43:03] » there are people saying that I am
soliciting for committee members. I
[1:43:06] would like to clarify that our
committees, the city's committees are
[1:43:11] required to have a number of members.
The mayor has been aware of this for
[1:43:15] over 11 months. The issue has been
brought to his attention on several
[1:43:19] times. One issue is the zoning committee
is supposed to have three members from
[1:43:23] planning committee on it. The mayor
failed to appoint anyone. In an effort
[1:43:28] to add the required members from the
planning committee on the zoning
[1:43:31] committee, I I did speak to two planning
committee members at Dogwood days to see
[1:43:36] if they would be open to joining if they
were nominated. That was the extent of
[1:43:41] my involvement. As for the mayor's
comment referring if I am mayor now too,
[1:43:47] I am not the mayor. I am not running for
mayor either as there seems to be some
[1:43:52] rumor that I am. The mayor is
responsible for lawful compliance to our
[1:43:57] city ordinances, including the committee
member nomination and ordinance 2007-03.
[1:44:06] That did not happen recently. During the
zoning and adjustments committee
[1:44:10] meeting, Mity Balman,
and I welcome you to our committee,
[1:44:16] presented as a committee member,
unbeknownst to me as the chairman and
[1:44:20] others on this committee. There was no
communication of this by the mayor. Did
[1:44:26] the council approve this nomination?
>> And I did give everyone a copy of the
[1:44:32] ordinance, which is the law. Thank you.
[1:44:48] » Anything else?
>> May I ask a question? Sure.
[1:44:53] » Well, I don't The Chamber of Commerce
building is there um is it ADA
[1:45:00] compliant?
>> No.
[1:45:03] » No, it is not.
>> We didn't do any work on so we didn't
[1:45:06] have to.
>> And I read something about a lease with
[1:45:09] the Horseshoe Ben Chamber of Commerce
where they paid nothing.
[1:45:13] » There was no money mentioned in the
lease.
[1:45:16] » Um now it seems that it's become the
County Chamber of Commerce. Would that
[1:45:24] not void that leak at the Horseshoe Ben
Chamber of Commerce?
[1:45:28] » Possibly.
>> It's doing business at
[1:45:34] » the DBS.
>> But why are they paying no rent?
[1:45:39] » Medical board.
>> The Horseshoe Bend Medical Board donated
[1:45:45] the city to the building and the city
took it over.
[1:45:48] » Yeah. And there was no money exchanged.
And the mayor at that time gave us like
[1:45:54] a 99 year lease just like they
>> for nothing,
[1:45:58] » right? Because we don't
>> Why can't the city give the boy scout
[1:46:01] this building for 99 years for nothing?
>> Well, like the mayor said while ago, we
[1:46:07] we haven't had time to talk about it. It
got out of hand last time and this
[1:46:11] tonight we got more information on the
same.
[1:46:16] So what is the chamber of commerce
building?
[1:46:19] » It's 88. It has a ramp and it has a
handicap bathroom in the back hallway.
[1:46:25] » About 20 years ago.
>> It was a medical.
[1:46:29] » Yeah, it was a building. Had to have it.
Diane,
[1:46:33] » agreement was it served as a welcome
center for the city as well. So that was
[1:46:37] kind of the give and take of it. So
>> because it was housed in the bottom of
[1:46:41] the mall down.
>> So who pays the utilities?
[1:46:44] » We do. The the chamber does not we um
>> the chamber pays
[1:46:50] » the chamber pays for all the bills. They
pay for heating and air. They pay for
[1:46:54] the roof. Not the new roof, but the
architectural shingle roof that was put
[1:46:59] on about seven years ago. They pay the
water, the phone, the internet. They pay
[1:47:05] all of it.
>> Correct, Donnie?
[1:47:09] » Okay.
and the insurance
[1:47:13] » on the building and all the activities
on the year. They have the insurance one
[1:47:18] reason that's one reason I was proposing
a similar lease with Boy Scouts
[1:47:23] » is that was mentioned in her
presentation
[1:47:26] » at the Chamber of Commerce building.
That's one reason I said we do it for
[1:47:29] them. We could do it from the Boy Scouts
and
[1:47:32] » that's why I brought it up. The medical
board couldn't keep a doctor in there
[1:47:36] because every time they got a doctor in
there, whether it was Back Baxter, White
[1:47:40] River, the building was just sitting
there with no doctor in it. We were
[1:47:43] paying for insurance. There was things
that needed to be done to the building.
[1:47:47] So, at that time, the medical board came
to the city and asked if they could
[1:47:51] donate it and the city took it over.
>> What is the reason for it being a DBA
[1:47:57] » instead of maintaining the horse?
>> It's a long story. It had to do with
[1:48:00] Amber Hartman back
>> when she tried to take over the
[1:48:06] horseshoe Benjamin McGumber's title. We
had to go and
[1:48:12] paper
>> because it wasn't a 5013C.
[1:48:16] » It wasn't a nonprofit. It wasn't a
nonprofit organization and Amberly tried
[1:48:22] to get it as a a nonprofit organization,
but my understanding is the chamber
[1:48:28] didn't pay or meet her demands and she
said, "I'm not giving it to you." So,
[1:48:34] they went ahead and filed with another
title and made it a nonprofit
[1:48:40] organization. Correctly.
>> But is is it a nonprofit?
[1:48:44] » Yes, it is a nonprofit. We have three.
[1:48:52] » Okay. Is there any other fights or bad
news we can admit? We have things we
[1:48:57] were doing so good at the next stop
building.
[1:49:03] » The
Crown Point RV Park is hosting the trunk
[1:49:09] or treat like we do every year. The fire
department will be out there giving away
[1:49:13] free hot water, selling the kids and
costumes and
[1:49:16] water and and stuff like that. So
everybody come on out
[1:49:24] » Friday everybody's going to be sport
greyhounds and another
[1:49:27] » win.
[1:49:32] » I'll make a motion later.
>> We have a motion. We have a second.
[1:49:36] » Second.
>> All those in favor? All right. Bye.
[1:49:40] Baby,
[1:50:09] Got your pipe.