Baxter Bulletin from Mountain Home, Arkansas • Page A8

THE BAXTER BULLETIN, Mountain Home, Ark- Friday, January 3, 2014 STATE BRIEFS Pine Bluff fire victims identified as sisters PINE BLUFF (AP) Two women killed in a house fire in Pine Bluff have been identified as sisters. Jefferson County Coroner Chad Kelley told reporters the victims are Allison O'Neal and Daisy Roberts. Kelley said both women were in their 50s. A third woman who was inside the home at the time of the fire was rescued and is hospitalized while a firefighter was treated for smoke inhalation and released. Firefighters say the fire was reported shortly after 1 a.m.

Wednesday and appears to have started in the kitchen of the home. The cause of the fire remains under investigation. Three teens arrested in Conway for theft after running stoplight CONWAY (AP) Conway police say three teenagers who were in a vehicle that was stopped for running a stoplight were arrested on theft and other charges after the vehicle was found to be stolen and several recently stolen items were found in the vehicle. Police told the Log Cabin Democrat an officer spotted the suspected stolen vehicle and when the driver failed to stop at a stoplight, the officer stopped the vehicle. Police say the officer then determined that the vehicle had been reported stolen and officers found alcohol, beer, and several purses, bags and backpacks in the vehicle.

The three teenagers were arrested on suspicion of motor vehicle theft, breaking and entering and theft of property from a vehicle. Widespread flu reported, 7 deaths in state LITTLE ROCK (AP) The Arkansas Department of Health says the flu is widespread across Arkansas and that seven people have died since September as a result of the virus. Gary Wheeler the chief of infectious disease at the department tells the Arkansas Democrat-Gazette that the deaths have ranged from infants to the elderly and that the illnesses are more severe than in recent years. Health Department spokeswoman Kerry Krell says the flu season begins when the first cases of flu is detected and generally runs from fall until early spring. 34 tornadoes, below-average temps in 2013 NORTH LITTLE ROCK (AP) A year after Arkansas' second-warmest year on record, the state just concluded its coolest year since 1996.

The National Weather Service office at North Little Rock notes that snow fell in all parts of the state last year. Also noteworthy was an early May storm that brought the latest snowfall on record to sections of the state. Considerably cooler temperatures occurred in May, late June and the first week of July, and the temperature hit zero at Gilbert on Dec. 7. At the other end of the scale, the highest reading was 104 at Russellville and Fort Smith on July 10.

That was the lowest maximum-high temperature in Arkansas since 2002. The state had ice storms in January, February and December. Arkansas also had 34 tornadoes, with two fatalities. Page 8A JJ( EMERGENCY EXIT -f- ONLY i Wayne Michael Motes leaves Baxter County Circuit Court on Thursday after pleading not guilty to introducing a controlled substance into the body of another. His 2-year-old son tested positive for methamphetamine.

JOSH DOOLEYTHE BAXTER BULLETIN without reasonable doubt. Alderman Anna Harper said the council is required by law to appoint a new recorder-treasurer at the first regular meeting after the vacancy occurs. She pointed out that when Hargleroad was appointed in 2012, she was hired on an hourly basis until former Recorder-Treasurer Kim Williams' resignation was effective. She said that council wanted to hire Williams on an hourly basis until Hargleroad left, then appoint her at the next meeting. "Every time it comes up, it gets shot down," Harper said.

"I want citizens to know the council is trying to do something." Harper also said when Williams was recorder-treasurer she managed the city's accounts with a strong hand and that is in the best interest of the city. She noted that Williams would be able to catch up missing treasurer's reports and bring the books up to date in addition to doing daily work. She also would be able to prepare W2 and 1099 forms before Jan. 30. Alderman Phil Friese pointed out the council asked for Hargleroad's resignation in May, and she refused.

He accused Powell of "throwing roadblocks" to stop a number of things the council has tried to accomplish. Friese also said the council had not received usable trea Stalemate Continued from Page 1A anything about accepting her resignation when she submitted it on Oct. 30. Hargleroad's resignation was to be effective Jan. 15, but she withdrew the resignation on Friday, citing the need to stay because of end-of-the-year forms that need to be completed by Jan.

30. Danuser, who has been city attorney since the incorporation of the city in 1954, said it was his legal opinion that Hargleroad had the right to change her mind, and that she is indeed the legal city clerk and recorder-treasurer. "She was elected and took the oath of office," Danuser said. "So, this point is moot." Following Danuser's statement, Alderman Marty Nickels asked Danuser if the city pursued nonfeasance of office prosecution against Hargleroad. Danuser explained that he and Mayor Bruce Powell met with Prosecuting Attorney Ron Kincade several months ago about the matter, and Kincade said he would investigate, but the matter was dropped when Hargelroad resigned.

Danuser said the council could go back to Kincade, but cautioned that Hargleroad would have to be proven of wrongdoing surer's reports and he thought the city needs financial stability. Powell countered Fries-e's accusations and added the city has $2 million in checking accounts. "We have an obligation to citizens to buy things to make the city better," Powell said. "We cannot do this, cannot spend money." He pointed out the city has, "30-year-old equipment that is falling apart and a wastewater treatment plant that needs daily care to keep it functional." Powell also questioned when Harper and other council members met to decide to hire Williams, accusing them of meeting illegally. "I told the council about Kim being willing to take the job right here at a meeting several months ago," Harper answered.

Alderman Alan Webb said the current system is flawed, and the council should hire a bookkeeper and fund the position. He explained the recorder-treasurer is not responsible for the budget, the council is, and the recorder-treasurer may advise when a department gets near its spending limit. Alderman Jodi Bree-dlove pointed out Williams did sue the city after she resigned and said Harper has a personal relationship with Williams that perhaps influences her decision. Harper then asked Williams to explain why she sued the city. Williams said on her last day in office, Powell called her into his office and asked if there was enough money to give a raise to Debbie Chorba.

In the process of the discussion, Williams said Powell pointed out how much money she (Williams) had not received. She said he read a state statute that requires a recorder-treasurer to be hired at the same salary as her predecessor, which Williams was not. "He thought it was funny," she added. Williams later filed suit against the city based on that statute, and a judge found no basis for the suit. Powell denied Williams accusations.

"You found a lawyer that gave you very bad advice," he added. Nickels said he just was trying to take the politics out of the position so the recorder-treasurer is responsible only to the council. He said he had an email from Don Zimmerman, Arkansas Municipal League legal counsel, that said the recorder-treasurer job can be bid out or appointed, and he would like to see it remain appointed. Webb asked the council if they wanted to hire a bookkeeper and fund the job. After more discussion, he made a motion to do so, which failed 4-2 with Harper, Friese, Nickels and Daryl Lindman voting no, and Webb and Bree-dlove voting yes.

Motes Continued from Page 1A a controlled substance, possession of drug paraphernalia and third-degree endangering the welfare of a minor from the Nov. 4 arrest. In September, he was arrested for terroristic threatening and obstructing governmental operations. Cooper said Motes and his wife had been at the Mountain Home residence where they initially were arrested for only one day; however, he does have a couple with whom he could stay if released from jail. Prosecutor Ron Kincade told the court that Motes does have the additional charges pending and that he considers all the charges serious.

"It gets more serious when children get involved," said Kincade. Cooper said the current charge and the previous charges all occurred on the same day, and again asked for a "substantial reduction" in bond. Webb, reading through the case file, noted that it was alleged Motes resisted officers during his arrest. The judge said considering the nature of the charges, the bond was SMART 75" 1080P LED 120 Hertz Slimline jttHHtk. Smart TV UN75F6300 Reg.

$4499 reasonable and left it at $15,000. Motes is assigned to Webb's docket, and the judge ordered him to reappear April 4 and set his trial for the week of July 7. When Stephanie Motes came up for arraignment, Cooper again asked for a bond reduction, telling the court she has no criminal history. He said she had been in Springfield, when she learned of the latest charge and came back to Mountain Home to surrender. According to Cooper, if she were released on bond, she would be living in the Springfield area.

"It does not give me comfort that she could be released to another jurisdiction," said Kincade, who opposed the bond reduction. He told the court she has two other felony charges and two misdemeanors pending. Webb denied the bond reduction. Thursday was the first day for the use of a new computerized docket system that's supposed to assign cases to judges, but Webb said he couldn't determine which judge had been assigned Stephanie Motes' case. He said she would have to be notified of her next appearance and trial date by a scheduling order.

Hurry! Very Limited Supply! 'IMP! Bluetooth Equalizer Impressive Reproduction 1 20 Watts Digital-Optical Connection Cable Included 95 We Sewke What We SeW ESTABLISHMENT CLAUSE The First Amendment's Establishment Clause prohibits the government from making any law "respecting an establishment of religion." This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. Although some government action implicating religion is permissible, and indeed unavoidable, it is not clear just how much the Establishment Clause tolerates. In the past, the Supreme Court has permitted religious invocations to open legislative session, government funding of bussing and textbooks for private religious schools, and efforts by school districts to arrange schedules to accommodate students' extra-curricular religious education programs. The Court has ruled against some overtly religious displays at courthouses, state funding supplementing teacher salaries at religious schools, and some overly religious holiday decorations on public land.

Source: http:www.law.cornell.edu sas Counties. He said Baxter County is apparently among a declining number of counties that permit nativity scene displays on publicly-owned property. County personnel were not involved in erecting or maintaining the display, the judge said. The judge said he rejected a citizen request for the display of a "Happy Winter Solstice" banner on the courthouse grounds because he believed making the courthouse available for any and all requests for occasional exhibits would result in "hundreds" of displays. Pendergrass said he believes the letter was copied to Spencer because he at one time owned the nativity scene and his name at one time appeared with the scene.

Spencer's wife, Brenda, who has been an organizer of music and tree-lighting ceremonies around the nativity scene, said her husband purchased the scene and has since donated it to the county. The county has kept the items in storage from season to season since the donation. Nativity Continued from Page 1A Humanist Legal Center to the county's creche, which is prominently displayed on the front lawn of the Baxter County Courthouse, according to Monica Miller, the author of the letter for the legal center. "For about 15 years, the county has featured an exclusively Christian nativity scene in front of its courthouse during the holiday season. Religious (specifically Christian) elements overwhelmingly dominate the display, thus violating the Establishment Clause of the First Amendment of the United States Constitution," Miller wrote.

Following a meticulous description of items in the nativity scene, with explanations of the religious or Christmas connotations of each, Miller writes: "We hereby demand that the county promptly remove it and provide assurances that no similar display will be erected in the future." Deeper in the letter, by January 10, 2014, and include in your response the steps you will take to correct the foregoing constitutional violation." Pendergrass said Thursday he will take no action in response to the letter without consultation from legal representatives for the county and the Association of Arkan $2699 mWilMJHurts. r4 i UBL THE SOUND BAR JBLSB200 $359.95 Miller suggests the possibility of litigation against Pendergrass, Osmon and Spencer. "To avoid litigation, we respectfully demand that the county remove the current display and provide assurance that similar displays will not be erected in the future. Please respond to this office in writing (email preferred) via mmill- (are $299 Find Help at DivorceCare. DivorceCare is a special weekly seminar and support group for people who are separated or divorced.

It's a place where you can be around people who understand what you are feeling. It's a place where you can hear valuable information about ways to heal from the hurt of divorce. DivorceCare groups meet every Wednesday night at 6:00 p.m. at the First Baptist Church, 400 Club Blvd. Mtn.

Hone Call 870-435-1002 or 870-425-6961 for more information. Baer Bulletin 1319 E. 9th (Hwy. 5 South) I Mountain Home "The Appliance and Electronic Specialist" 425-7911 lwww.shaysappliance.com lYVlN LAKES a Appliance Store Our mailboxes work harder with features like: A Real Street Address TextEmail Package Alerts Call-in MailCheck Mail Holding Forwarding Package Acceptance from all Shipping Carriers kcy" ismms tv 15 off Printing Services 5 off Shipping Services 15 off Packaging Services And More! The UPS Store www.theupsstorelocal.com1299 1 1310 Eastside Centre CtSte 6 Mon Fri Sat 9-1 Mountain Home, AR 72653 870-424-6245 Register to receive BREAKING NEWS Direct to your email. It's Just go to www.baxterbulletin.com BB-000 01 04355.