Horseshoe Bend Owners for Property Ethics -HOPE

09/04/2024

Become part of a community dedicated to ethical avocation and peaceful resolution of issues surrounding amenities. Property Owners, get involved today and make a difference in Horseshoe Bend.

09/04/2024

consent-order-reveals-several-findings-that-point-towards-failures-on-the-part-of-donny-dawson-the-paradise-acres-and-white-oak-wastewater-supervisor-and-public-works-director

09/04/2024

consent-order-reveals-several-findings-that-point-towards-failures-on-the-part-of-donny-dawson-the-paradise-acres-and-white-oak-wastewater-supervisor-and-public-works-director

07/26/2024

Join us TOMORROW for an Open House at the Carpenter Technical Center!

📅 Date: Thursday, July 25, 2024

🕒 Time: 11:00 a.m. – 1:00 p.m.

📍 Location: Carpenter Technical Center, 16 Nix Ridge Road, Ash Flat

⭐ Lunch Provided

Come explore our state-of-the-art facilities, meet our expert team, and discover opportunities in Automotive, Precision Machining, and Welding. Whether you're a potential student, professional, or simply curious, this event is for you!

07/19/2024

07/18/2024

Follow for more .

07/18/2024

Be and speak kindly, always.

07/09/2024

Can you really believe the guys who told you this (text from meeting transcript): We've looked at it, the, investigators from the state of Arkansas looked at it. There's been no crime that they found and no fraud, no money is missing. I hope we can put this the best precedent because there's, there's, there's nothing missing.

I know it doesn't fit those again, those preconceived narratives that everybody's has, but there is no money, there's been no fraud, committed embezzlement. There's been no theft. So I hope we can put that to bed pretty dang soon. All right.

2 MONTHS LATER; The MRID Superintendent Charged in a theft, fraud, embezzlement investigation.

07/09/2024

Here is an easy trick to all things MRID: While there are a few, they can be loud, the Pro-MRID group typically says things like...if it were not for the Graetz lawsuit, or if the Graetz lawsuit wasn't file". My tip: Replace "Graetz Lawsuit" with "follow the law" If we were not required to FOLLOW THE LAW or if it were not for the fact we must FOLLOW THE LAW. Why is following the law a problem?

07/08/2024

Kenneth L. Holland, I was trying to respond to you and I got declined: I want to suggest all info from dieter & random b be looked at first thru the ‘what’s in it for the big business over the small business’ - asking that question the following is likely the answer: A tax district, such as a Municipal Recreation Improvement District (MRID), can potentially benefit larger businesses like Crown Point Resort more than smaller businesses due to several factors:

1. Economies of Scale: Large businesses typically have more resources to navigate and influence the tax district’s policies and projects. They can leverage their size to negotiate better deals, such as exclusive use agreements or favorable tax rates, which smaller businesses cannot.
2. Capital Investment: Larger businesses often have the capital to invest in infrastructure and improvements that a tax district might support. For example, Crown Point Resort could invest in amenities or improvements that attract more tourists, which the tax district might fund or subsidize. Smaller businesses might not have the financial capacity to make similar investments.
3. Political Influence: Large businesses generally have more clout and can exert greater political influence. They can lobby for tax district policies that favor their operations, such as specific zoning laws or infrastructure projects that benefit their business directly.
4. Marketing and Reach: Larger businesses often have broader marketing reach and can better capitalize on improvements made by the tax district. For instance, enhancements to local amenities or infrastructure might draw more tourists, which large resorts can attract more effectively through extensive marketing campaigns.
5. Tax Breaks and Incentives: Tax districts sometimes offer tax breaks or incentives to attract or retain large businesses. These incentives might include reduced property taxes, subsidies, or grants that smaller businesses might not qualify for or have the capacity to utilize fully.
6. Revenue Sharing and Usage Fees: In some cases, large businesses might negotiate revenue-sharing agreements or usage fees that are more favorable to them. For example, a resort might secure a deal where they pay a fixed fee for exclusive access to certain amenities, which could be less costly than what smaller businesses might have to pay per usage.
7. Strategic Projects: Projects funded by tax districts are often large-scale and strategic, benefiting businesses with the capacity to engage in and profit from such projects. Large businesses can align their growth strategies with these projects, whereas smaller businesses might find it difficult to adapt quickly or benefit directly.

In summary, while tax districts aim to improve the overall economic environment, their structure and benefits often align more closely with the capabilities and needs of larger businesses, which can utilize and influence these districts more effectively than smaller, local businesses.

07/08/2024

Tornado in Gin City, AR (Lafayette county). 📸 Macie Cox

07/07/2024

# # Kind Critique of the MRID Commissioners' $7M Proposal

1. Financial Viability**: While the proposal outlines the need for a $7 million loan for capital improvements, it does not provide a detailed financial plan or risk assessment for repaying the loan.

The proposal should include a comprehensive financial analysis to ensure the feasibility of the loan repayment.

2. Ambiguity in Funding Sources**: The proposal mentions that assessments would remain the main income stream, to be replaced by fees if the Mayor can pass them through the City Council.

This creates uncertainty regarding the reliability of future funding sources. It also minimizes the commissioners obligation to seek & implement cost savings & additional revenue.

3. Governance and Oversight**: The proposal lacks details on governance and oversight mechanisms to ensure transparency and accountability in the management of funds and ex*****on of projects.

Given the ongoing issues with financial mismanagement in the MRID, this is a critical area that needs to be addressed.

# # # **Areas to Improve**

1. **Detailed Financial Plan**: Include a detailed financial plan that outlines the projected income, expenses, and cash flow for both phases.

This should also cover the repayment plan for the $7 million loan, including interest rates and contingency plans for potential financial shortfalls.

2. **Legal and Regulatory Compliance**: Provide a clear roadmap for obtaining the necessary legal approvals, including the criteria for approval and the steps involved in the process.

This will help in ensuring compliance with all relevant laws and regulations.

3. **Stakeholder Engagement**: Outline a plan for engaging with key stakeholders, including property owners, city officials, and community members.

This will help in building support for the proposal and addressing any concerns or objections that may arise.

4. **Governance Framework**: Develop a robust governance framework that includes oversight mechanisms, regular audits, and transparent reporting to ensure accountability in the management of funds and ex*****on of projects.

5. **Risk Management**: Conduct a thorough risk assessment to identify potential risks and develop mitigation strategies.

This should include financial risks, legal risks, and operational risks associated with the proposed changes.

# # # **Conclusion**

The MRID commissioners' proposal is a problematic plan to secure funding and continue mismanagement of amenities in Horseshoe Bend.

Their plan requires more specificity in financial planning, legal compliance, stakeholder engagement, governance, and risk management to be considered in an environment of trust. That is not the case here.

07/07/2024

https://hopeforhb.com/why-commissioner-excuses-fail-i-wasnt-raised-that-way-or-legal-advices-to-not-share

commissioners requested to forgo the excuses and get an understanding of their responsibilities and the importance of maintaining public trust and transparency.

07/07/2024

why E. Graetz, the named plaintiff in the class action against the MRID & city, doesn’t simply drop the litigation..

Response:

E. Graetz and the other plaintiffs in the class action lawsuit against the MRID & City have valid concerns about the MRID’s illegal and unfair assessment practices. (Intentionally acts)
Dropping the litigation would mean ignoring these serious issues and leaving the MRID to potentially continue with practices that negatively affect property owners.

The case, filed 3-4 years ago is finally scheduled for trial in August 2024.

Outlining the consequences of the illegal extraction is crucial for ensuring transparency, accountability, and justice for all those impacted.

It’s about protecting the rights of the community and ensuring fair treatment for everyone involved.

Once a lawsuit is filed, it is not unilaterally withdrawn,rather the consent of both parties or a court order is the correct path.

The plaintiff, Eric Graetz representing the property owners who were over charged have legal claims that he believes are valid and seeks resolution through the judicial process.

2. **Judicial Process:** The court has scheduled mediation (mid July) and a trial (8.2024) to ensure that both parties have the opportunity to present their case and seek a fair resolution.

Withdrawing the lawsuit without adigned settlement would undermine this process and potentially leave unresolved legal issues.

Without assurance of the MRID’s desire to finally operate from a place of service & integrity, property owners would be risking a material loss in the face of an already difficult over assessment scenario..No one likes to think the Mrid stole their money and/or failed to ensure adequate compliance in the management of the taken funds.

If the property owners want the lawsuit to end, these 3 commissioners need to give a serious consideration to Mr Graetz ‘s settlement as their attempts to present a settlement proposal have failed miserably with the presentation of terms void of legal justification . &Integrity

07/07/2024

The questions raised in Friday’s meeting concern:
(1) whether it is ethically problematic for the Mayor of Horseshoe Bend, the city officials, and the named plaintiff in a class action lawsuit against the MRID to socialize or work together, given the ongoing litigation. IT IS NOT PROBLEMATIC.
(2) Scope of Graetz litigation,
(3) Options for Judge - limited,
(4) why can’t the Property Owners Drop their Lawsuit?

Detailed Explanation:

1. Understanding Ethical Boundaries:
The ethical considerations for public officials are governed by rules and guidelines designed to prevent conflicts of interest and maintain public trust. These rules ensure that public officials act in the best interests of the community and avoid any appearance of impropriety. This is especially important in a small community where the named plaintiff is a highly qualified individual.
2. Socializing and Working Together:
• Socializing: Public officials are not prohibited from socializing with individuals involved in litigation against the city. Social interactions do not inherently create ethical issues as long as they do not influence official actions or decisions related to the litigation.
• Working Together: Collaboration on community projects or city business is permissible, provided it does not interfere with the legal process or create conflicts of interest. It becomes problematic when an official or their designee threatens or intimidates others to gain opportunities for the official.
3. Ethical Guidelines and Conflicts of Interest:
• Conflict of Interest Rules: Conflicts of interest can arise when an official’s responsibilities to one client or citizen are materially limited by responsibilities to another. These rules primarily apply to legal professionals, not necessarily to public officials in their social or collaborative capacities.
• Public Duty Doctrine: Public officials must act in the best interests of the public and avoid actions that could be perceived as self-serving or biased. This includes ensuring that their social or professional interactions do not compromise their official duties or the integrity of the legal process.
4. Specific Considerations for the Graetz Litigation:
• Limited Scope of Litigation: The Graetz v. City of Horseshoe Bend lawsuit focuses on whether the MRID has exhausted its assessment authority, the extent of any over-assessment, and whether there was an overpayment by property owners. The judge will focus on these specific legal questions rather than determining malfeasance.
• Mediation and Settlement: The petitioners (Property Owners) proposed a settlement within the legal framework. Essentially forgoing repayment, possibly a net due calculation, and agreeing on legal fees and nominal $ for named P.

Unfortunately. the commissioners continue to propose options outside the statutory legal framework, such as a $7,000,000 loan or creating an MRID into perpetuity. Impo - These actions violate their fiduciary duty.

The commissioners had years to organize and form a legal MRID but chose to pursue an illegal assessment increase, ignoring numerous legal warnings. They now refuse to explain their actions, citing legal advice, but the citizens see this as cowardice and a refusal to share public business…(cont…)

07/07/2024

The dissolution of the MRID (Municipal Recreational Improvement offer the citizens of HSB synergies and benefits...such as:

Centralized Management and Operations
• Efficiency in Resource Allocation: A single entity managing parks and recreational facilities can streamline operations, reducing duplication of efforts and ensuring resources are used efficiently.

• Cost Savings:
o Bulk Purchasing and Shared Services: Shared services such as professional services, legal, accounting, audit, compliance, and operations/works can reduce costs.
o Better Contract Negotiation: Centralized management can leverage more buying power, leading to cost reductions on supplies, equipment, and services.
o Efficiencies in Procurement: Standardized procurement processes reduce administrative costs and ensure consistency in quality and pricing.

• Communications: Centralized social media, event calendar, marketing, etc., ensure consistent messaging and efficient outreach.

• Facilities Management:
o Centralized Scheduling and Maintenance: A unified system for scheduling and maintenance optimizes the use of facilities and staff, reducing downtime and maintenance costs.
o Preventative Maintenance and Asset Management: A centralized asset management plan helps conduct regular inspections and preventative maintenance, extending the lifespan of facilities and equipment.

• Shared Resources: Centralized management allows for the sharing of resources such as equipment, staff, and expertise across different facilities, reducing the need for duplicated investments.

• Administrative and Overhead Savings: Consolidation of administrative functions drives savings by reducing separate administrative staff teams.

• Integrated Systems: Drive efficiencies by automating administrative tasks such as registrations, facility reservations, and member renewals. Potential for shared services automation with other departments (e.g., fire, animal control, recycling).

• Improved Funding and Grants: The city has better access to state and federal grants and funding opportunities for parks and recreation projects, with centralized management streamlining the application process.

• Document Management: A central location under consistent oversight ensures better organization and access.

• Data-Driven Decisions: Centralized management provides better data for analysis and decision-making.

• Sharing of Talent and Skills: Efficient scheduling, maintenance, and staffing by sharing talent between city and parks and recreation.

• Reduced Redundancies: Eliminate overlapping roles and responsibilities, leading to more efficient allocation of staff and resources, reducing labor costs, and improving productivity.

• Consistent Fringe Rate: Headcount consistently defined, graded, etc.

• Comprehensive Planning: Ability to form and act on a comprehensive plan for the future, including the protection and sustainable economic exploitation of natural resources.

• Centralized Event Planning: Unified planning for festivals, music, art, and shopping events.

• Crime Reduction: Statistically, well-maintained parks and recreation amenities lead to lower crime rates.

• Environmental Benefits: Easier to plan and coordinate efforts for developing green spaces, managing stormwater, improving air quality, and providing commercial-adjacent green spaces.

• Increased Property Values: Homes near well-maintained green spaces have higher values, increasing property tax revenue.

• Health Initiatives: Develop health programs that encourage active lifestyles, particularly suited to the community's outdoor adventure opportunities.

• Tourism Attraction:
Well-maintained amenities attract tourists, increasing local spending.

• Unified Vision and Planning: The Parks and Recreation Department can develop a cohesive strategy for all recreational areas, aligning them with the city’s overall development and community engagement plans.
Enhanced Funding Opportunities

• Access to Grants and Funding: As part of the city’s department, recreational amenities might have better access to state and federal grants specifically aimed at municipal parks and recreation.

• Consolidated Budgeting: Pooling financial resources under one department can lead to better budget management and allocation, enabling more comprehensive upgrades and maintenance of facilities.

Improved Maintenance and Upgrades

• Standardized Maintenance Protocols: Consistent maintenance practices can be implemented across all amenities, ensuring higher standards and better upkeep.

• Efficient Use of Staff and Equipment: The city can deploy maintenance staff and equipment more flexibly and efficiently across all parks and recreational facilities.

Community Engagement and Utilization

• Enhanced Community Programs: A centralized Parks and Recreation Department can offer a broader range of programs and activities, tailored to community needs and interests.

• Increased Community Involvement: With amenities managed locally, there can be greater community involvement in decision-making and volunteer opportunities.

Economic and Social Benefits

• Increased Property Values: Homes near green spaces have higher property values, boosting property tax revenue.

• Tourism: Enhanced recreational amenities attract more tourists, leading to increased local spending.

• Health and Wellness: Access to well-maintained parks and recreational facilities promotes active lifestyles and community health.

• Crime Reduction: Well-maintained recreational areas contribute to lower crime rates in the community.

07/07/2024

https://docs.google.com/spreadsheets/d/1jMyAmLwzJInUurdB4AIaDeuqggwQdKCMD0UozNfNCVI/edit?usp=sharing
Estimated Savings - Ideas Quantified - Draft

estimated savings Area of Savings,Projected Savings/Efficiency,How it Will Be Achieved Personnel Costs,15-20% reduction in administrative and operational staff costs,Elimination of redundant tasks, streamlined management and reporting, cross-training of staff to add bench strength in City Team O...