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Gilbert Ott
TUESDAY, February 16, 2021 / Vol. 7 Issue 7 / 75 cents
State Suggests County Seek Legal Counsel For Ozark Health Inc. Payments by Adam Kuipers
For the past three years, Van Buren County taxpayers’ money has been used in violation of law to pay expenses related to two private companies, one owned by a member of the Ozark Health Inc. (OHI) Board of Directors, the other owned by a member of the Van Buren County Hospital Board of Governors. The Arkansas Legislative Audit has again noted legal issues surrounding maintenance costs at the county hospital and nursing home in its 2019 audit of Van Buren County finances. In the report recently issued for the year ending December 31, 2019, auditors noted the following findings: “A building owned by the County and operated as a nursing home per a lease agreement with a private nonprofit corporation [OHI], incurred flood damage in 2018. This lease agreement states that routine repairs and maintenance and damage to or destruction of the property are the responsibility of [OHI]. Coun-
ty hospital millage funds may be used for maintenance and improvements if approved by the County. [OHI] contracted with a company owned by a member of its Board of Directors [NOACON Inc.] to act as a construction manager for building repairs. A business owned by a member of the County Hospital Board of Governors [Ozark Construction Company Of Dennard Arkansas Inc. (Ozark Construction)] was then hired by this company as a subcontractor to perform a substantial amount of the work. Subsequently, [OHI’s] insurance company denied a claim for repairs performed by [NOACON Inc.], and according to the County Judge, [NOACON Inc.] invoiced construction costs totaling $317,090 directly to the County, at the request of [OHI’s] Board member.” The auditor continues, “We question the County’s responsibility for these expenses and noted the following issues regarding the payments made by the County:” “The County paid $155,851 in 2019 and $99,150 in 2020 of the
[$317,090] for the hospital building repairs.” “Amounts were paid without a contract or bid documentation, in noncompliance with Ark. Code Ann. § 14-14-1102, which requires the County Judge to verify that state purchasing and other laws are complied with, and the payment has been incurred lawfully and is owed by the County. Furthermore, the remaining invoice balance of $62,089 was paid by [OHI.] in 2020 because the County did not have sufficient funds available for payment.” “Amounts paid in 2019 and 2020 were for work performed by [Ozark Construction] owned by a member of the County Hospital Board of Governors without an authorizing ordinance, as required by Ark. Code Ann. § 14-14-1202. A similar finding was issued in the previous report.” The auditor concludes: “We recommend County officials seek legal guidance regarding these payments.” In the report for the year ending on December 31, 2018, auditors noted the following issues:
“The County paid the following without authorizing ordinances, as required by Ark. Code Ann. § 14-141202:” “$1,086 to a business, in which the Hospital Board of Governors Chair (the Chair) had ownership interest [Ozark Construction], that was acting as a subcontractor for a company performing emergency repairs to the hospital.” “$18,749 to 19 employees of a business in which the Chair had ownership interest [Ozark Construction] for emergency repairs and other maintenance to the hospital.” While the Legislative Audit for the year ending December 31, 2020, will not be completed for another year, the auditor has already noted that at least $99,150 has been paid to NOACON Inc. for work primarily performed by Ozark Construction in violation of applicable laws in 2020. In 2019 and 2020, Van Buren County voters were lobbied See Counsel on page 5
The first wave of snow brought over seven inches to Simlock Acres early Monday morning. photo by Warren Johnson
Clinton Fire Chief D.L. Webb
Fire Chief cautions residents as Old Man Winter settles into the County by Warren Johnson
With the mercury dipping into low temperatures, the County has not seen in a decade or two, Clinton Fire Chief D.L. Webb has a few tips for navigating the arctic blast. "The frigid temperatures can be especially hazardous for our older community and pets," Webb cautioned. We need to be mindful to check on the elderly, friends, neighbors, and family members. Outside water sources will freeze over almost instantly, leaving animals without anything to drink, and ambient temperature can prove to be deadly for pets. Webb admonished, "please keep your pets inside." Outside water sources are not the only concerns with freeze-ups, the Chief said. "Please keep your water slightly running. Water costs money, but not as much as a plumber if pipes burst." Trying to stay warm is a primary cause of structure fires each year. Municipal fire departments in the United States responded to an estimated annual average of 48,530 house fires caused by heating equipment. Heating equipment fires resulted in estimated five-hundred civilian deaths, with 1,350 civilian injuries in 2018. The Chief stated, "The wiring in your house can not support fif-
teen electric heaters. Consolidate heat to one room if you have to." While electric heat can pose a fire risk, Webb wants to remind everyone to be mindful of propane and natural gas sources. Gas heat can cause deadly and invisible carbon monoxide. The models are predicting a significant weather event. Chief Webb cautioned the community to prepare ahead of time, stating, "Please gather food, water, medicine, batteries, and fuel before the roads become hazardous. Please stay off the roads if possible after precipitation covers them. If you get in a wreck, you jeopardize other people." Fill your gas tanks in your vehicles, so you can keep warm if you must or can use the car to charge cell phones in case of a power outage. Remember proper ventilation when sitting in a parked car with an internal combustion engine running. Carbon monoxide poisoning can occur. One last word of advice in case of heavy snow involves watching structures with flat roofs or sheds. They can collapse under the weight. Webb stated, "I know a lot of this is common sense, but we have not had these kinds of cold temperatures in a long time. Please stay safe and warm, and do not burn your house down."
K9 Officer has a nose for Crystal and Green Leafy Substances by Warren Johnson
On February 7, 2021, at around 9:30 pm, a Clinton PD officer was traveling Northbound on US Highway 65 at Choctaw when he observed a Southbound vehicle near US 65 and Jason Street that appeared to be cruising at a high-speed rate. To confirm his visual observation, the officer used his vehicle radar and verified the vehicle was clipping sixty-nine miles per hour in a speed zone designated for forty-five. The officer con-
ducted a traffic stop on the vehicle, a 2017 Chevrolet Malibu, just south of the Choctaw bridge, contacting the driver, Jonathan Greenwood. As the officer spoke with Greenwood, he could smell a strong odor of Marijuana coming from the vehicle. He instructed Greenwood to exit the car and then asked him if there was anything in the vehicle he needed to know about? Greenwood replied, "Yes, Marijuana." The officer deployed his K9 Terry, started from the
vehicle's passenger side rear, and worked counterclockwise. The K9 showed a drastic change in breathing behavior from "Fast to slow" at the rear passenger tail light. Terry made a final alert at the back passenger door by sitting and pointing his nose to the door. A plastic Walmart bag was located behind the driver's seat with two clear plastic bags with a green leafy substance inside during the vehicle search. Also found was a Purple Crown Royal bag in the trunk with five clear plas-
tic bags with a green leafy substance inside and a plastic bag containing THC gummies and Ninety-Seven dollars, all five dollars bills, and one two-dollar bill. Greenwood was cited for speeding and Possession of a Controlled Substance but released due to the Covid-19 restrictions at the Van Buren County Detention Center. During this traffic stop, a total of 82.214 Grams (2.9 See K9 on page 5
Clinton Police K9 Officer Terry posing with a green leafy substance sniffed out during a vehicle search on February 7, 2021