Decision on Alexander Planning Commission Chairman put on hold

With only half of the Alexander City Council present, it was decided to table a complaint against the city's Planning Commission Chairman until the matter can be discussed at a work session. A date for the work session was not scheduled.

At the October council meeting, City Attorney Chris Madison was given the task of investigating accusations concerning Planning Commission Chairman Michael Huck. The complaint was sent to Mayor Herrmann and was dated October 11, one day after the planning commission's October meeting.

The letter was sent by Chris Prowse, husband of Planning Commission Member Tonya Prowse. According to the planning commission's sign-in sheet Chris Prowse was not at the meeting.

The complaint references a comment made by Huck to Prowse as everyone was leaving the Alexander courtroom after the planning commission meeting had ended. The comment was in reference to her misunderstanding of the proposed location of a cell tower to be built along Brookwood Road, which was the primary agenda item for the October 10 meeting. The property is the location of the Saline County Waterworks and Sanitary Sewer Public Facilities Board's sewage treatment plant.

While Huck was summarizing the documents given to commission members before introducing Vertical Bridge representative Tracy Gill, Prowse jumped in and said they would have to access the St. Joseph's Glen sewer plant area by going through the subdivision from Highway 111, not Brookwood Road. Prowse lives in St. Joseph's Glen.

A second argument was started, after the meeting, when Prowes accused Huck of referencing the St. Joseph's Glen sewer plant. Huck never mentioned St. Joseph's Glen.

While everyone was leaving the meeting Huck said, "Maybe I'll learn to speak female before the next meeting." This was the only complaint concerning the October meeting mentioned in the letter.

Huck has been on the planning commission since this current commission was established in 2017. Prowse was appointed in 2018.

Madison began his verbal report by explaining the interview process. He said Assistant Police Chief Jessica Burnett interviewed Prowse and other witnesses who attended the meeting. After that Madison interviewed Huck. Madison said Huck also provided an audio recording of the meeting.

"The findings are ... that there was some expletive, or an expletive, said during the meeting," Madison said. "And, he did make a comment to the effect of the next meeting."

"In my conversations with Mr. Huck, he recognized, after some questioning about that how, someone could see that as an offensive and inappropriate and recognizes that his role as a member of the Planning Commission, he represents the city," Madison continued. "It has to be a way that represents the city effectively."

"But he admitted to the statements that were made during it (the meeting)," Madison said. "So in essence, those things were said and done, which brings you to the next question of what, if anything, the council wants to do about it."

"So I know this was one incident, but this is not necessarily the only," Council Member Joy Gray began. "It's just the only one that's been investigated."

"And I have been on the council," she continued. "I got elected in 16 (began first term in 2017). And I've asked for years why behavior in this meeting and in other meetings has been allowed to continue and go on. I think there's just a general atmosphere of disrespect. I think there is a blatant sexism."

"So I also see his online behavior," Gray continued. "He does act like he speaks on behalf of the city as a private citizen."

"He also is a journalist (air quotes) fulfilling a role, which I feel like as it may not be illegal, but it is certainly a potential to be trying to be a journalist, giving the insights, group on things that go on and out of danger, but it would also be a city official," she added.

Huck is editor and reporter for The Alexandrian blog site and Facebook page. The blog site started in February 2013. The Facebook page was established September, 2014. Huck began attending meetings January 2015. He was also a council member from November 2006 to the summer of 2011.

"So these are all things that I have concerned with," Gray said. "His behavior of generally pretending like he speaks for the city, also being sexist. I am sure, the Venn diagram of people that are sexist and racist is usually just a circle. So none of that would shock me."

"But he's done a lot for the city," said Council Member Joe Pollard.

"And you know what? It's 2023," Gray responded. "And we are past the time of, well, they do a lot, and they're terrible, but they do a lot. We're past that."

"So I am comfortable if we wanted to have a work group meeting like we've had before, where we discuss all of our options so that everybody understands everything," Gray proposed. "I would be comfortable doing that so that we don't feel like we just did it today."

Later in the discussion, Pollard questioned the accuracy of the charge. Prowse was present at the meeting and during the Public Comment portion of the agenda she addressed Pollard's concerns.

"And Joe, I know that you don't think it's true but it, but it is," Prowse said. "I mean if he's already admitted, there was witnesses."

Removing Huck can't come soon enough for Gray.

"I would be fine doing it today," she said. "I would be fine doing it 10 meetings ago. I'd be fine doing it five, six, seven years ago."

In other action during the Nov. 20 council meeting:

Attorney ordinance gets first reading

An ordinance establishing the positions of prosecuting attorney and city attorney did get a first reading. But, there weren't enough council members present to have the two-thirds vote needed to suspend the second and third readings. It also takes a two-thirds vote to pass the Emergency Clause allowing the ordinance to go into effect immediately.

Two-thirds of the eight-member council is six. Only four members were present. The mayor is allowed to make the quorum, which is five, if one more person is needed. Council members present were Joy Gray, Angela Griffin, Joe Pollard, and Gina R Thomas-Littlejohn. Absent were Mitchell W. Smith, Tony Staton, Harold Timmerman, and Juanita Wilson. Three were sick and one was out of town.

The ordinance will make a second appearance at the December council meeting. If at least six members are present it should be approved and in effect that night.

Jail Cost Sharing Agreement approved

The Jail Cost Sharing Agreement between the Saline County Detention Center and the City of Alexander was approved. The agreement establishes the cost Alexander will pay to house its inmates.

The monthly cost for the calendar year 2024 will be $2,527.85 monthly; $30,334.20 annually. That's up from 2023's monthly cost of $1,730.25; $20,763.00 annually. Mayor Crystal Herrmann said the cost for 2024 is based on the actual cost for housing Alexander's inmates in 2023.

Under the new agreement the city will still be charging a fee of $20, "[T]o be paid by each defendant upon conviction, plea of guilty, plea of nolo contendere, or bond forfeiture for all misdemeanors, traffic violations, or other first or second-class fines, to defray the cost of incarcerating City Inmates."

Council receives proposed 2024 budget

Mayor Crystal Herrmann presented council members with the proposed city budget for 2024.

"I just wanted to go on record that we are supplying (you) the proposed 2024 budget," Herrmann said. "It's nothing that we have to discuss (now), because y'all haven't had your eyes on it."

"So next meeting, we'll look at that and discuss it," she continued. "You can ask any questions. And, even before the meeting, if you have any questions, you're more than welcome to come in."

Two agenda items tabled for legal review

City Attorney Chris Madison suggested he be allowed to review two agenda items before the council makes the final decision. One item is the "Lease agreements for City Housing" and the other is the "Ordinance Amending the 2022 Payroll Budget."

The new proposed lease agreement adds the requirement that tenants pay for the electric and gas utilities. This will apply to both the homes being rented by city employees and the large building being occupied by the American Legion Post 28. All buildings are located on the property formerly known as the Alexander Human Development Center.

Madison wants to review the "Ordinance Amending the 2022 Payroll Budget" to determine if it will close out the entire 2022 budget, or if the ordinance needs to be rewritten.

Reports:

Fire Department Lost two, Gained two

Fire Chief Ryan McCormick reported on the loss and replacement of two firefighters.

"We did have two firefighters that quit this past month," McCormick said. "And we did hiring and testing for that and hired ... two firefighters. "And, both of them were certified, so we don't have to take any of them to fire Academy."

Emergency Medical Technician (EMT) training to start soon.

"Also, we were planning to send several more members to EMT school," McCormick reported. "That starts in January. That's something big that I believe in for medical side (of rescue)."

"Also, real quick, we just put on three members (on) the US&R (National Urban Search & Rescue) team, United States," McCormick said. "It's all a search and rescue among all that team as well as the statewide, nationwide field."

Police Chief out of town

With Police Chief Robert Burnett out of town, Mayor Herrmann provided a short and succinct report.

"So we had total calls 304 (for October)," she said.

Where is the city treasurer?

Council Member Angela Griffin expressed her concerns over the most recent absences of City Treasurer JoAn Churchill. Council members want Churchill to attend meetings in case they have questions about the previous month's financial report.

During the first half of 2023 the accounting system was, for the most part, not functioning. Churchill attended meetings providing updates on the progress of repairs and whatever accounting information she could provide. Since the accounting system is now, allegedly, back online Churchill has missed the last two or three meetings.

Griffin asked if Churchill is performing her other duties. Office Manager Jennifer Hill responded that Churchill has been performing her duties as they relate to city hall.

City Attorney Chris Madison said he will research the minimum duties required to be performed by a city treasurer.

According to the guidelines established in the document "Organization of City Council 2023," which is approved every January by the council, the section relating to the duties of the "Treasurer and/or Bookkeeper" allows for either the treasurer and or bookkeeper to attend council meetings. Subsection "5" states in-part, "The treasurer and/or bookkeeper shall attend all Council meetings."

Crooked Creek erosion, Stocking the pond, Fall Fest winners announced

Mayor Crystal Herrmann reported on her visit with Aaron Norden. He's the Region III Stream Habitat Coordinator with the Arkansas Game and Fish Commission (AGFC).

"We visited Crooked Creek down all the way down ... where the (rail) road crossing is (at Brookwood Road)," Herrmann said. "We've had some calls and concerns about erosion and things going on over there."

Herrman said two suggestions are to, "[D]esignate a certain amount of that bank to a no-mow zone and bring in some plants that have a deep rooted system."

Herrmann said the plants will be provided by AGFC.

Herrmann and Norden then moved to the city park to discuss the erosion problems with Crooked Creek there.

"He's been working on a plan and drawings for us," she said. "And with those drawings and his assistance, we can turn around and apply that for a grant application that's going to open up in the spring (2024) for a grant opportunity to help address that erosion on the banks."

Herrmann and Norden also visited the pond, located on the south end of the former Human Development Center property along Highway 111. The pond area has been designated a city park and is being prepared to stock fish.

"The park department has installed a spillway to the pond," Herrmann said. "They repurposed the railroad concrete crossings to install a spillway to help capture more rainwater. We've actually gained like a foot so far up the bank in water."

Herrmann also met with Marcus Jackson, also from AGFC, which has a pond stocking program. The goal is to be able to have fish in the pond, but the biologists have to give their approval or recommendations.

Herrmann said, "He (Jackson) is visiting with the biologists and we're all supposed to have a meeting."

Herrmann gave an update on the city's application to the FUN Park grant. The grant is provided by the Arkansas Department of Parks, Heritage and Tourism.

"We actually scored 37 out of 37 on the park application," Herrmann said. "We're moving on up in the grant application process. That's good. That's the best we could do."

The grant will be used to replace the playground equipment in the City Park. The FUN Park grant funds 100-percent of a project with no matching funds provided by the city.

Mayor Herrmann reported the city has made it to Phase II in the Brownfields Grant application process. If approved, the grant will be used to remove the former tuberculosis hospital and any contamination such as asbestos. The hospital is located on the former Human Development Center property along Highway 111 in South Alexander.

"They're going to do soil sampling," she said. "They're just going to test everything under the sun out there."

A date for the testing has not been set.

The grant program is funded by the Federal Environmental Protection Agency (EPA). According to the EPA website, "A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant."

The property was deeded to Alexander by the state. The goal has always been to develop the property into a retail/commercial center. But, the hospital has always been the road block even before it caught fire a few years ago burning the fourth floor and roof.

Entergy has donated $1,000 toward Alexander's Christmas in the Park event. Herrmann said the donation will be used to rent a horse and carriage to provide rides around the park.

"So, I'm excited, Herrmann said. "We're planning on December 9th from 4 to 7. Have a hot cocoa and cookies with a carriage drive for the kids."

During the Fall Fest held in October visitors were allowed to vote on their favorite police officer, firefighter and council member. Called the Citizen's Choice Award, Mayor Herrmann announced the winners at the November 20 council meeting. The winners are Police Srgt. Breana Green, Firefighter Conner Roberts and Council Member Angela Griffin.

Next meeting

The next meeting of the Alexander City Council is Monday, December 18, 6:00 PM in the courtroom at the Alexander Municipal Complex. The public is invited to attend.

Alexander City Council meeting this Monday

The next meeting of the Alexander City Council is Monday, November 20, 2023. The meeting begins at 6:00 PM and is held in the courtroom at the Alexander Municipal Complex.

The following items appear on the meeting agenda.

1. Old business:

   1. Lease agreements for City Housing/Buildings

   2. Planning Commissioner Complaint Follow-up

   3. Ordinance Amending the 2022 Payroll Budget

   New business:

   1. Ordinance for City Attorney

   2. 2024 Proposed Budget

   3. Jail Cost Sharing Agreement

No Smoking!

No more smoking, or using any tobacco products, inside or outside city buildings, or on or in city property. That's the basic gist behind an ordinance passed by the city council in a seven to one vote. The ordinance was sponsored by Council Member Joy Gray.

Gray says it's already illegal to smoke indoors under Arkansas's Clean Indoor Air Act passed in 2006. This ordinance expands upon that by including any city property and the use of tobacco based products.

"So not your house, not other businesses that are not owned by the city," Gray said. "So if the city owns it, you can't smoke, vape, or dip on it.

Expanding on the definition of city property Gray said, "So that means no more smoking in the doorway here (courtroom), right? Because we don't want people walking through secondhand smoke or vape, it's not safe. And it also would cut down on a lot of the litter and things that go on, especially in the parks."

"There's no reason for kids to be out playing on the playground and somebody standing out there smoking, right? Because if city owns that property, ultimately we're responsible for cleaning it up," Gray added. "So this is something that would hopefully cut down on waste."

The ordinance defines a tobacco product as, "[A] cigarette, cigar, snuff, chewing tobacco, dip, electronic cigarettes, vapes, vape liquids, or other preparations of pulverized tobacco, smoking tobacco, or tobacco/nicotine of any kind suitable for chewing, vaping or smoking or any article made of tobacco or tobacco substitute."

Smoking is described as, "[I]nhaling, exhaling, or carrying any lighted cigarette, cigar, pipe, plant, or other combustible substance in any manner or in any form."

City property is defined as, "[A]ny property that is owned by the City of Alexander. This includes buildings, structures, equipment and all land."

That includes inside and outside city hall, the City Park, the two community centers, all of the former Human Development Center property including the housing units, and any and all city vehicles.

The ordinance also provides penalties, which include;

1. "A fine of twenty-five dollars ($25) plus court costs for the first offense."

2. "A fine of fifty dollars ($50) plus court costs for the second offense."

3. "A fine of one hundred dollars ($100) plus court costs for the third and subsequent offense."

Council Member Harold Timmerman objected to the city being able to tell him he can't smoke outside. Gray, who works for the State of Arkansas, said she has helped other municipalities write similar ordinances and said it is legal and not unconstitutional. She also added it's not discrimination because one, "Chooses to smoke."

To pass the ordinance required four separate votes. The first was to read the ordinance by title only rather than reading the entire ordinance. That required a two-thirds vote, The second was to suspend the required three readings of an ordinance, which again required a two-thirds vote. Then there was the vote to pass the ordinance, which only required a majority. And finally, a vote to approve the Emergency Clause to make the ordinance effective immediately, required a two-thirds vote.

During all four roll call votes the count was seven "Yes" and one "No" vote. Voting "Yes" were Joy Gray, Angela Griffin, Joe Pollard, Mitchell W. Smith, Tony Staton, Gina R Thomas, and Juanita Wilson. Harold Timmerman voted "No."

Signs to be placed in the various areas the ordinance will be enforced will be ordered and posted after they arrive. The sign will include the ordinance number.

Encouraging Arkansans to quit tobacco use is another one of Gray's duties with the state. She has provided city hall with information cards anyone can use to contact the Arkansas Health Department for more information on several programs designed to help people end their dependence on tobacco products.

In other news from the October 16 meeting:

Council appoints city attorney

Richard “Chris” Madison is now serving as the City of Alexander's new city attorney. In presenting himself to council members he listed his experience in municipal law.

" I was the Bryant City Attorney for seven years," he said. "I have been the Bauxite city attorney for the last four years."

Madison, "passed the bar in 2005. I was 11th in my class."

His other legal experience includes, "wrongful death, medical malpractice and complex litigation" including employment law.

Madison told council members he doesn't represent them or the mayor.

"I represent the city," he said. "My client is the city. I don't represent anyone of you and I am more than happy to tell each of you, all of you, all of you when I think something you're doing is improper. Now where this bus is going is ultimately a council, mayor decision."

"Because every elected position has a role to fill under state law and it lays out who's supposed to be in what lanes and doing what," he continued. "And I will let you know those are the lines. My job when I'm along this bus with you is to say there's a stop sign, there's a yellow line, there's a speed limit, there's a white line. And I'll tell you that."

Planning Commission Chairman under investigation

The city council directed City Attorney Chris Madison to investigate accusations leveled in a written complaint, sent to Mayor Herrmann, concerning Planning Commission Chairman Michael Huck. The letter was sent by Chris Prowse, husband of Planning Commission Member Tonya Prowse.

The letter, dated October 11, 2023, begins with a statement made by Huck after the October 10 planning meeting and then works backwards alleging other actions by Huck at previous meetings. Huck has been on the planning commission since this current commission was established in 2017. Prowse was appointed in 2018.

Council Member Joy Gray read the letter before discussion began. The complaint was added to the agenda under New Business earlier in the meeting.

The first complaint listed claims, "He has used disrespectful and sexist comments such as 'Maybe I'll try to learn female' at fellow female committee members."

This is in reference to the end of the October 10 meeting, when everyone was leaving. According to the Sign-in sheet Christopher Prowse was not present.

Other accusations include, "[W]hen he is passing out papers to women he will say 'here take this what's your name' while waving the papers in front of their faces of committee members that have been in that position for years."

"He will raise his voice, raise his arms, slam his hands, notebooks and papers while yelling insults if he doesn't get his way or his motives are questioned," Prowse claims.

In a six to two vote council members agreed to have Madison investigate the allegations. Voting "Yes" were Joy Gray, Angela Griffin, Tony Staton, Gina R Thomas, Harold Timmerman, and Juanita Wilson. Voting "No" were Joe Pollard and Mitchell W. Smith. Wilson is a member of the planning commission.

Reports:

Police Department:

Monthly report, New vehicles replacing old vehicles

"The call volume for last month ... was 949 calls for the PD," Police Chief Robert Burnett said.

Explaining how the department is moving out old vehicles and replacing them with new vehicles under warranty Burnett said, "So I still have two trucks left and we'll get ready as I can. I can move them out and two cars to sell, to try to finish out buying fleet where everything's back under warranty again, so we don't have the high overhead of maintenance bog us down for the next year or so."

Fire Department:

New truck gets a push, Old fire hydrants a hazard

"Some exciting news and some concerns I have for the future," Fire Chief Ryan McCormick. "We opened up this past month ... did a pushing ceremony for the fire truck and it was exciting."

On Sunday, October 8 fire department staff celebrated the purchase of the new fire truck by hand-pushing it into the fire house. The new truck replaces two other trucks that kept breaking down.

"We had cake and punch and a bunch of other things," McCormick explained. "It was an exciting time. We've had multiple calls since last council meeting."

Fire fighters have been testing fire hydrants by opening the valve to flush out water and rust. While Meadow's Edge has the newest hydrants, South Alexander has the oldest.

"We have some issues," McCormick said. "I can just briefly tell you about the hydrant issues. They have not been up kept."

"They haven't been maintained. They haven't had maintenance on them," McCormick continued. "That's something that's a concern of ours from the standpoint of a safety issue from the fire side of it, also from your side as well as those that live here."

The worst time to discover a non-functioning fire hydrant is during a fire.

"We had a structure fire this past weekend (October 14-15)," McCormick began. "We had a house 100% involved. The hydro didn't work. It was not functional. The house beside the fire that had people living in it began to catch on fire."

The fire was at 15301 Birch Drive, across from Elmo's. With help from Pafford Ambulance Service and a police officer McCormick found another source of water.

"Obviously, we come with water on our engine, 1000 gallons of water, and we began to protect the house that was on fire," McCormick began. "We actually hand jacked our supply line, a 5-inch supply line, 300, 400 feet down another direction to the nearest hydrant that we found out to be working."

"My concern is with not having tested fire hydrants, which we're doing, upkeep it, maybe getting involved with the water department and trying to find a plan for them," McCormick said.

South Alexander receives its water and sewer services from Saline County Water Works and Sanitary Sewer Public Facilities Board (SCWWSS). According to McCormick SCWWSS is claiming fire hydrant maintenance is not their responsibility.

"I spoke to an attorney," McCormick said. "There are some things that have been said on the water side that said it's not their responsibility. It's a privately owned water department. It is their responsibility."

The Pulaski County area of Alexander receives its water from Central Arkansas Water (CAW). McCormich had only nice things to say about CAW.

"They take care of our system," he said. "They take care of our water lines, they update our water lines."

On the department's Facebook page are pictures of the fire and a thank you to all the other departments who provided mutual aid and other services. Listed are Little Rock Engine 18 and Battalion 11; Bryant Engine 2 and Battalion 1; Shannon Hills Engine 46; Northeast Tanker; Crystal Truck 24, Tanker 24, Chief 24 and 24-2; Collegeville Rescue 9; Arch Street Squad 1; Pafford Ambulance; Alexander Police; Shannon Hills Police; and Saline County Dispatch.

Streets and Parks Department:

Fountain lights, Do Not Throw Rocks sign ordered

Before Streets and Parks Department Superintendent David Durham could begin his report he was being asked about the lights on the water fountain in the city park and the "Don't Throw Rocks Into Fountain" signs. Apparently, someone's little darlings like to pick up rocks and throw them into the fountain.

Durham said a new sensor had to be ordered and it arrived the day of the council meeting. The newly installed lights would be on during the day and off at night.

Concerning the signs, Durham said they have been ordered and they will be in English and Spanish.

Financial:

Neither City Treasurer JoAn Churchill nor the bookkeeper were present to provide a financial update.

Mayor's Report:

Fall Fest successful, Newly paved streets

need widening

"Wow, the Fall Fest," Mayor Crystal Herrmann began. "I want to thank everyone that was a part of it. All of our employees, the Parks employees, I'd like to thank the citizens for their attendance."

"I mean it was a lot of fun," Herrmann continued. "We did the raffleing table and we actually raised $282 on the raffle. So thank you for all the donations."

"That 100 dollar bill was the most popular item," she added.

"So we almost covered the cost of the pumpkins, what that is," Herrmann said. "Thank you very much."

"It was a wonderful thing," Herrmann continued. "I was glad to see it. We fell $700 and something under the budget. So I think we did great. I think it was a wonderful thing."

Herrmann said she has heard from residents asking why streets that were part of the recently completed street overlay project are not, "as wide as they were originally."

Herrmann said she and Street Department Superintendent David Durham, "[C]ross-referenced what was approved and what was actually laid. And what they laid was what was actually approved in May of 2022."

A portion of a special state fuel tax approved by voters is being used to help cities and counties upgrade streets and roads by funding the overlay of new asphalt. Generally a city or county can request the grant every three years.

Herrmann said they will have to develop a plan to widen the narrower streets by fixing the shoulders.

"So we will be coming behind it and cleaning up the shoulders as best we can as we can afford it," she said.

Next Meeting:

The next meeting of the Alexander City Council is Monday, November 20. Meetings are at 6:00 PM in the courtroom at the Alexander Municipal Complex.