Alexander council approves development "concept"

The Alexander City Council has approved the initial "concept" for a new residential subdivision along Arkansas Highway 111. The proposal is to build a subdivision on a former cattle farm, which was recently sold by its owners Steve and Pam Scroggins.

The five to three vote supporting the, "Concept to continue planning" the subdivision was taken during a special meeting held Monday, December 22. Voting for the "concept" were aldermen Ceola Bailey, Lonny Chapman, Samuel Gregory, Faye McKeon, and Farren Wadley. Voting against was Alderman Juanita Wilson. Aldermen Andrea Bearden and Kenneth Miller were absent so they were each counted as a "No" vote.

Present at the meeting were Layne Penfield with Baxley-Penfield-Moudy Realtors, the company handling the sale of the property; and Bob McKeon, representing Saline County Water Works (formerly known as Woodland Hills Water and Sewer). Penfield told council members the "Approval of concept" is needed so the developers know they can continue the design phase of the development and take advantage of low interest loan rates before the end of the year.

The approximate 200-acre farm is divided by the highway with the largest portion on the west side. Aldermen were told the initial plan is to build 200 homes on the largest portion first, with another 100 homes to possibly be added later. There is an agreement with the Scroggins that if after two years the developers don't build on the east side of the highway, which is the location of their home, the Scroggins can keep that portion of the property. The development plan also includes keeping most of the wooded area and providing a walking trail.

Bob McKeon said he has been working with the developers for the past few months. He added the developers and water and sewer district have come to an agreement that if the subdivision begins to overwhelm water or sewer capacity the developers will fund any needed expansion of the system.

There seems to be a question as to whether the property is zoned for "Agriculture" or "Residential" use. It was reported in a previous article the property was still zoned "Agriculture" but according to Alderman Faye McKeon it's zoned "Residential."

The property was annexed by the City of Alexander in 2006 to allow the Woodland Hills area to also annex to the city. Alderman Juanita Wilson said she was under the impression the annexation of the farm was allowed by the Scroggins providing it remained zoned "Agriculture" until such time they sell the property. Alderman McKeon claims the farm was zoned "Residential" when it was annexed but the Scroggins were allowed to still operate as a farm until they sell it. Neither alderman were on the council at the time of the annexation and no documents were provided to establish how the property is currently zoned.

Wilson wanted to postpone the vote until the city attorney could be consulted. She questioned whether the council can approve a "Concept to continue planning" if the property isn't already properly zoned. This drew a negative reaction from some council members. Alderman Samuel Gregory said he was, "Ready to vote." City Attorney Kevin M. Lemley was unable to attend the meeting.

Besides not knowing how the property is zoned aldermen were left in the dark as to the type of housing to be built. No information was provided concerning the cost range of the proposed houses, or lot sizes.

2014 Budget extended one month

Council members approved extending the 2014 budget to, "January, 2015." The six aldermen present voted "Yes." Aldermen Andrea Bearden and Kenneth Miller were absent so they were each counted as a "No" vote.

State law requires the mayor to submit a proposed budget on December 1. Outgoing Mayor Michelle Hobbs failed to meet that requirement. A budget committee also has not been established.

This is expected to be the last time Hobbs and this council will meet. Beginning January 1, the mayor and six of the eight aldermen will no longer serve the city due to the recent General Election and run-off election.

Mayor Michelle Hobbs will be replaced by former Mayor Paul Mitchell who defeated her in a run-off election November 25. Ward-1 aldermen Ceola Bailey and Farren Wadley will be replaced by Louis E. Hobbs (the current mayor's husband) and Jeffery S. Watson. Ward-2 aldermen Kenneth Miller and Juanita Wilson will be replaced by Stephanie Beck and former Alderman Andy Mullins. Ward-3 Alderman Samuel Gregory will be replaced by former Alderman Dan Church. Ward-4 Alderman Faye McKeon will be replaced by Melissa Ratliff.

Miller and Wilson were the only incumbents to lose in the November 4 election. Bailey, Gregory and McKeon did not submit petitions to be on the ballot. Wadley was a candidate for mayor and therefore could not run for an alderman position. Ward-3 Alderman Andrea Bearden and Ward-4 Alderman Lonny Chapman ran unopposed. The term for mayor is four years and an alderman's term is two years.

The new council and mayor will have to get to work right away. The first item of business will be the budget for 2015. State law requires a budget be approved by February 1.

Alexander's regular December meeting canceled; Special meeting scheduled

With only three aldermen and the mayor present the City of Alexander's last regular meeting for 2014 had to be canceled due to the lack of a quorum. Since Mayor Michelle Hobbs was present a fourth alderman would have provided the needed five members to hold the meeting. Under state law a mayor can be used to make a quorum.

Attending the Monday, December 15 meeting besides Mayor Hobbs were aldermen Farren Wadley, Samuel Gregory and Lonny Chapman. Absent were Ceola Bailey, Kenneth Miller, Juanita Wilson, Andrea Bearden, and Faye McKeon.

Even though an official meeting could not be held there was an informal discussion about one of the items on the agenda. The city council is being asked to change the zoning designation of the cattle farm that's in the city limits along Arkansas Highway 111. The farm, owned by Steve and Pam Scroggins, is in the process of being sold but the sale depends on the property being rezoned from "agriculture" to "residential" use.

When the Woodland Hills area was annexed in 2006 the farmland was needed to provide the connection between the City of Alexander and Woodland Hills. The Scroggins agreed to the annexation providing the farmland would remain zoned agriculture.

Present at the meeting was Layne Penfield with Baxley-Penfield-Moudy Realtors; the company handling the sale of the property. Penfield told council members the zoning change is needed before the end of the year to allow the developers to take advantage of low interest rates.

Mayor Michelle Hobbs has scheduled a Special Meeting for Monday, 

December 22 at 6 pm in city hall. Items listed on the agenda are "Layne Penfield," "Extend 2014 Budget" and "Public Comment." By state law because it's a Special Meeting the council is limited to only discussing and taking action on those items listed on the agenda. The public is invited to attend.

However, to change the zoning of property is more complicated than calling a meeting and voting. Before the city council can take a vote on a zoning change a public hearing must be held to allow residents an opportunity to voice their opinions concerning the proposed change.

The public hearing must be advertised in a newspaper for a set number of days prior to the hearing. The advertisement must include a legal description of the property, an explanation of the zoning change and the date, time and place of the hearing. Then an ordinance to change the zoning must be presented to the council for a vote.

This could be the last major issue decided by this council. Beginning January 1, the mayor and six aldermen will no longer serve the city due to the recent General Election and run-off election.

Mayor Michelle Hobbs will be replaced by former Mayor Paul Mitchell who defeated her in a run-off election November 25. Ward-1 aldermen Ceola Bailey and Farren Wadley will be replaced by Louis E. Hobbs and Jeffery S. Watson. In Ward-2 aldermen Kenneth Miller and Juanita Wilson will be replaced by Stephanie Beck and former Alderman Andy Mullins. Ward-3 Alderman Samuel Gregory will be replaced by former Alderman Dan Church. In Ward-4 Alderman Faye McKeon will be replaced by Melissa Ratliff.

Miller and Wilson were the only incumbents to lose in the November 4 election. Bailey, Gregory and McKeon did not submit petitions to be on the ballot. Wadley was a candidate for mayor and therefore could not run for an alderman position. Ward-3 Alderman Andrea Bearden and Ward-4 Alderman Lonny Chapman ran unopposed. The term for mayor is four years and an alderman's term is two years.

Lawsuit against former City of Alexander police chief moves forward

An appeal filed by former City of Alexander Police Chief Horace Walters has been denied by a three-member Federal appeals court in St. Louis. This ruling allows the civil rights lawsuit filed by former City of Alexander Assistant Police Chief Brad L. Williams to continue. The lawsuit stems from incidents involving a paycheck, police car lights and a contentious relationship between Walters, Williams and former Mayor Paul Mitchell.

In 2011 Williams was leaving the Alexander police force for another job. According to court documents Walters claims Williams purposely attempted to steal an extra paycheck and stole a set of blue police car lights from a locked storage area. Williams submitted his resignation on September 27, 2011. Walters charged Williams with "theft of city property" in December, 2011.

Williams lost the paycheck he received on September 3, 2010. Then Mayor Shirley Johnson approved issuing him a new check, which he cashed on September 8, 2010. About one year later the original check was found in a friend's car. Williams claims he did not realize the check was the one lost a year earlier. After cashing the check the error was discovered. The city council decided to not press charges and allow Williams to repay the city for cashing the extra check, which he did.

In the early summer of 2011 Williams borrowed a pair of blue lights from Tim Dudderar of the Saline County Sheriff's Department for a special assignment. Williams claims he discussed the plan with Chief Walters and received his approval.

After that Walters claims he told City of Alexander Police Officer Jeff Watson, "to locate a set of blue lights and install them into," the department's Dodge Durango. Officer Watson took the blue lights from Williams, who told him they belonged to Dudderar, and installed them on the Durango, court documents indicate.

Williams wrote Dudderar’s name on a piece of tape and put it on the lights. He then told Dudderar where he could retrieve the lights, which Dudderar eventually did. Williams contends Dudderar’s blue lights were the only blue lights ever in his possession, court documents state.

In his deposition Chief Walters claims Williams was involved in the disappearance of a second set of blue lights that were a gift to Alexander from the City of Benton. In court documents Chief Walters describes these blue lights as round and without serial numbers. However, according to court documents the transfer papers provided by the City of Benton that accompanied the lights did include serial numbers.

On December 20, 2011, Walters swore out an affidavit charging Williams with "Theft of Property" in regards to the cashing of the extra paycheck; four months after the city council decided to not press charges and allow Williams to repay the value of the extra paycheck. In the same warrant Williams was also charged with "Theft of Property" in regards to the police lights.

After Williams was arrested and spent a night in jail the new mayor, Paul Mitchell, had the prosecuting attorney drop the case because he knew it was part of a personal vendetta being perpetrated by Walters. Mitchell defeated Johnson in her attempted re-election in November 2010 and Williams was a supporter of Mitchell.

The appeal filed by Walters claims as a city official at the time he is entitled to qualified immunity from prosecution. According to the court ruling, "Because a reasonable official would understand that including false information in and omitting relevant information from an affidavit in an effort to punish someone for supporting one’s political opponent would constitute a violation of clearly established constitutional rights, Walters is not entitled to qualified immunity."

Regular monthly Alexander meeting Monday, Dec. 15

The regular monthly meeting of the Alexander city council is scheduled for Monday, December 15. Meetings start at 6 pm and are held in City Hall across from the post office. The public is invited to attend.

Most certainly one topic of discussion will be the white Dodge car that's been sitting in front of City Hall for the past couple weeks. Allegedly it was obtained from DeVall's Bluff by Lander's in Little Rock when a police car sale didn't go through. The council has a freeze on all major purchases that do not involve the daily operation of the city.