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Tuesday, July 21, 2015

Alexander council schedules Special Regular Meeting

With minutes from two previous meetings missing from their meeting packets and the absence of two department heads and the mayor; members of the Alexander City Council decided to reschedule the regular meeting for next Monday, July 27.

City Recorder Sharon Bankhead filled-in as acting mayor during the July 20 regular meeting. Mayor Paul Mitchell became ill earlier in the day due to the heat and did not attend the meeting. According to The Weather Channel website the high in Little Rock Monday was 98-degrees.

Also absent were Police Chief John Fenton, Fire Chief Mark Ridgeway and Alderman Louis Hobbs.

The “Special Regular Meeting” of the Alexander City Council will be held Monday, July 27 in the courtroom in city hall. The meeting begins at 6 PM and the public is encouraged to attend.

Sunday, July 19, 2015

Alexander monthly meeting Monday

The next regular meeting of the Alexander City Council will be held Monday, July 20 in the courtroom in city hall. The meeting begins at 6 PM and the public is encouraged to attend.

Thursday, July 16, 2015

Alexander Mayor Paul Mitchell reminds everyone he's only been mayor "5 1/5 months"

City of Alexander Mayor Paul Mitchell defended complaints about the lack of improvements in city hall operations and the condition of some residences by reminding everyone he's only been mayor since January 1. Bob McKeon, speaking as both a city resident and representing the Saline County Water and Sewer District (SCWSD), addressed the council and mayor about problems he had getting a Freedom of Information (FOI) request fulfilled, asked if mobile homes are being inspected before they are set-up in the city, what is being done about cleaning up South Alexander (formerly Woodland Hills), and asked about the progress of three theft of services complaints he filed with the police department on behalf of SCWSD.

On June 2 McKeon says he attempted to get a copy of the police report on the theft of services charge. One of the complaints involved water being shut-off for about two months at a city residence when someone installed a by-pass line around the water meter.

McKeon said Officer Gladness told him, "No citation was issued because no one was home at the time and no follow-up was done."

"Is that normal practice for the police department ... when all the evidence is there,” McKeon asked. “I did get the police report. It substantiated theft of services for $1,000 approximately, pictures attached and all that. His investigation was there, Mr. Gladness, that he discovered the by-pass ... as far as I know nothing has been done on that."

Later in the meeting Police Chief John Fenton arrived and updated McKeon on the progress of the investigations. According to Fenton one citation was issued to an individual who, “Went to jail on a separate offense.” He has been given a court date on the theft-of-services charge. Two other residents were also cited and given court dates.

When asked about restitution Fenton said, “Restitution is the responsibility of the water department.”

He added restitution will be awarded when they come to court. If they haven’t paid what they owe Fenton suggested the water department take them to small claims court.

Moving on to his FOI requests McKeon said he submitted them June 2. The requests were for ordinances concerning set-up and permits for mobile homes/manufactured housing.

McKeon said he checked back one week later and the ordinances still weren’t available. "They told me they did not have them. That's what JoAn said, that I took them with me and I didn't. Apparently, she put them in your (Mayor) box."

Mitchell, "I'll check on it."

"That's what we hear all the time Mayor, I'll check on it," McKeon said. “It is now the 15th, I have still not heard anything on the Freedom of Information (request). And the rule is I’m suppose to find something out when I ask for it.”

“There will be an informal something (training) about FOI,” Mitchell said.

Mitchell added there have been some changes in the law that went into effect this year and he needs to find out what they are. Alderwoman Andrea Bearden said one of the changes was changing the three-day notification period to upon request if the information is easily available.

Next on McKeon’s list was the inspection of mobile homes before and after they are setup. Besides the question as general information he also targeted Alderman Jeff Watson’s home as a current example.

McKeon asked, “Do you have a person in charge of setting up mobile homes, inspections?”

“Not officially, it’s whoever I can find at the moment,” Mitchell said. “Jeff Watson has been helping out.”

Bearden asked, “Do you have any experience in code (enforcement)?”

“Yes,” Watson answered.

“How much experience do you have in code,” Bearden continued?

“I have almost three years of experience … code enforcement and building inspections, setups (mobile home).” Watson replied.

After Mitchell returned the council’s attention to the previous topic, McKeon began passing out copies of city ordinances concerning fees and setup requirements for factory built homes. His handout also included photos of Watson’s mobile home. At the time of the meeting the home had been setup but wasn’t connected to utilities, including water or sewer.

Quoting from a section of the ordinance concerning used manufactured housing being moved into the city McKeon said, “All exterior siding shall be in place undamaged, loose or mildewed siding shall not be allowed.”

McKeon went on to say he requested the, “Inspection sheet where the fire department inspected that (Watson’s mobile home).”

Quoting again from a city ordinance he said, “Requiring inspections, before issuing any setup permits and or business license can be issued within the city.”

Alderman Church asked, “Where did these pictures come from?”

“They came from me,” McKeon said. While Ratliff and Church were asking about the validity of the photos he added, “I was there checking the sewer issue.”

“You’re not a code inspector so why are you taking pictures of his home,” Church asked? “It’s not even livable and it’s on his property.”

“Because it got setup without any kind of, if I had gotten an inspection sheet on it when I did ask for one,” McKeon replied.

“I don’t see where you have any right going on his property,” Church said. “Had he ordered any water connection hookup?”

“Yes he had, sewer and water,” McKeon responded.

With that Watson asked, “When did I order sewer and water?”

“You came down three different times, three different times,” McKeon said.

“I came down and asked for the price of it,” Watson replied.

“You also wanted to see where the main was at, you-all wanted to see where everything was at so you could setup,” McKeon responded. “But, that’s not why I was on it. We have a sewer main down there that gentleman took a dozer and dozed it. I didn’t take pictures of that but there was all kinds of trash and building material. But, I’ve got’em if you need to see them.”

When Church and others began to ask how they could see pictures he didn’t take Mitchell gaveled the meeting back to order.

Referring to the photos McKeon asked Mayor Mitchell, “Is that proper inspection for a setup inspector to do?”

“I would say no,” Mitchell said.

“Then why are we allowing stuff like that to come into our city, McKeon asked. “That ordinance was written to keep junk like that from coming into the city.”

“The pictures, that he has taken, is [sic] all from the moving of the trailer,” Watson explained. “We had an issue with it when we was [sic] moving it, it’s all been fixed. It is … no longer there.”

“But my question is, Mayor, the ordinance states it has to be inspected prior to being moved onto the property,” McKeon said.

“Yes sir, absolutely, no question about it,” Mitchell said.

“Was this inspected prior to,” interrupting McKeon Watson said, “Yes it was.”

“And, that was not on there prior to moving,” McKeon asked in disbelief?

“When we took the turns up here at the shooting range they dropped it off the side of the road,” Watson explained.

“That was sitting in the pit when they first brought it out, that was on the side,” McKeon said. “And, it mildewed and rotted out.”

“How much rain have we had in between now and then,” Watson asked. “That is not mildew that is tore [sic] out.”

McKeon then moved on to fire inspection. “The fire chief is suppose to inspect the property prior to it (mobile home) being put on,” he said. “Has that been done?

“Not that I’m aware of,” Mitchell replied.

The fire chief in question was replaced by current chief Mark Ridgeway.

“Why are ordinances that are passed in the city not being enforced,” McKeon asked?

 “We’ve got to make sure the people who are suppose to be doing it are enforcing them,” Mitchell said. “All I can say is I will look into it. I can’t catch everything that comes into the city.”

 “We (could) have lost our development; Meadows Edge because of the condition of the City of Alexander, period,” McKeon told the council. “They finally got some funding … they had to go out of state. We need to do something with the clean-up ordinances, the setup and inspection ordinances, whatever it takes.”

After McKeon finished and sat down Mitchell said, “I would like to remind everybody this administration has only been here five-and-a-half months. There is absolutely no way that any single one of us in this administration; police, fire, any of us can fix all these changes that were just put here and everything work perfectly.”

“You’ve got to give us some time to get people in place,” he continued. “Now, if there’s anybody in here that can do it any faster than five-and-a-half months please hold your hand up ‘cause I want to see it. You can sit up here and I’ll sit down there.”

With that McKeon’s hand went up and to that Mitchell said, “Yeah, I know you would buddy.”

“That’s the way it stands right now, everything is improving, it will get better,” Mitchell continued. “There will be people in place, qualified and trained to make sure all these items are taken care of. There’s a new chief of police, brought the fire chief back. Mark Ridgeway (Fire Chief) he’s working on the fire department. The police department, we’re working on it. We’re working on other things to bring this place around to where it needs to be, get it cleaned up, get these ordinances working like they’re suppose to; get these people trained so they know their job and know what they’re suppose to do.”

He went on to point out, “These people in the front office, also, have been here less than five-and-a-half months and they do not know it all. Anybody that don’t understand that I feel sorry for them ‘cause it is going to take time to do it.”

“It’s going to take each and every person in this city working along with us, supporting us, to help us get this done,” Mitchell said. “And, that’s support morally, that’s support financially, and helping us work with us to get this done otherwise it’s going to be the same old Alexander it’s always been.”

Mitchell also spoke of what could be considered Alexander’s biggest problem, its reputation.

“It’s difficult to try to get anybody to come to work for the Alexander Police Department that’s got any self-esteem,” he said. “They don’t want to work here it’s got such a bad reputation. The fire department’s the same issue.”

Three residential lots cleaned
Police Chief John Fenton’s oral report for May just happened to concern three lots that have now been cleaned by the residents. He showed aldermen photos of three lots; one with recreational vehicles, one with furniture in the front yard and one with couches. He said all of the items have been removed.

Fenton also showed council members a sample of what is being provided to each resident in violation of a city ordinance and explained how it’s being handled.

“What we’re doing is we’re giving them a red card (door hanger),” Fenton said. The red door hangar, “Tells them the (ordinance) they’re in violation of. And, we also provide them with a stapled copy of the ordinance that they violate with the section highlighted. We’re trying to give everybody a reasonable amount of time to clean-up their yard.”

Fenton credits the use of a, “Polite approach” in getting results.

“People were actually very pleased because we weren’t there just writing them a ticket,” he said.

Fire truck will not be returned
Mayor Mitchell reported to the council that a judge ruled the city will not have its repossessed fire truck returned. The ruling came during a hearing held May 18 in Mississippi. Both Mitchell and Fire Chief Mark Ridgeway had to miss the May monthly council meeting to attend the hearing.

Mitchell said the ruling was based on a $54,000.00 bond that was required by Pulaski County Circuit Court Judge Tim Fox when Chicago financier Paul Anthony Graver defied two court orders to return the truck. The truck was sold to a company in Raleigh, Mississippi.

“He (judge) said he couldn’t see how the City of Alexander could be harmed in any way because we had the $54,000.00,” Mitchell said.

But, that’s only if the city wins its lawsuit against Graver. In March, 2013 Alexander Mayor Michelle Hobbs, without consulting the city council, stopped making the monthly payments claiming the lease-purchase agreement was illegal under the Arkansas Constitution, which restricts how cities can take on interest-paying debt. The 1999 Freightliner fire truck was repossessed later that year.

Planning Commission report
Planning Commission Chairman Bob McKeon gave a report on the June 9 meeting. He said commission members discussed, “future voluntary annexation (Forrest Hills Memorial Park, cemetery), future of the Human Development Center and also a GIS map of all parcels within the city. This includes the businesses, the residential and undeveloped properties as they are taxed.”

There was also a discussion concerning the opening of East Azalea through to Shannon Hills. It requires extending the pavement about 300 feet.

The proposal comes from not only residents in that section of Shannon Hills who want more direct access to South Alexander Road but police and fire departments as well. Alexander Fire Chief Mark Ridgeway told council members earlier in the meeting the trucks currently have to be driven over a longer and poorly maintained route to provide mutual aid to Shannon Hills.

Next meeting
The next regular meeting of the Alexander City Council will be held Monday, July 20 in the courtroom in city hall. The meeting begins at 6 PM and the public is encouraged to attend.


I apologize for this article being late. There were too many special meetings and I had a long pre-summer honey-do list. And, the heat didn't help.

Monday, July 13, 2015

Alexander Mayor breaks two tie votes, aldermen clash

During a “Special Meeting” of the Alexander City Council Mayor Paul Mitchell used his option provided under state law to break two tie votes. The first was a vote to amend the “Organization of City Council” and the second was amending the annual budget.

The June 29 Special Meeting was called by aldermen Dan Church, Stephanie Beck and Jeff Watson to deal with three items that were tabled during the previous regular meeting held June 15. They were amending the "Organization of City Council,” amending the 2015 budget and what to do about Paychex. An ordinance requested by the Federal Emergency Management Agency was added by Mitchell before the agenda was posted. That ordinance was revisited at a Special Meeting held July 6.

Instead of discussing the proposed changes to the “Organization of City Council” Alderwoman Andrea Bearden claimed the document could only be voted on in January, with no changes allowed until the next January. Apparently expecting a tie vote she also claimed the mayor could not vote on it in any capacity.

Quoting Arkansas statute 14-43-501 Bearden said, “Organization of city council is not subject to veto by the mayor.” She continued, “Case note says the mayor’s vote cannot be used in amending or appealing.”

Further attempting to strengthen her argument that the attempt to amend the document was illegal she quoted General Acts which says, “The members of the governing body shall ANNUALLY (emphasis hers) in January assemble and organize. These judgments are not subject to veto by the mayor. The governing body shall determine the rules of its proceedings.”

Alderwoman Melissa Ratliff asked, “What’s the point?”

“The point is this is not January,” Bearden said.

Ratliff interjected, “He’s not vetoing anything.”

“He doesn’t have a say in it either is what it says,” Bearden countered. “In other words, he can’t vote to amend it.”

“I can break a tie,” Mitchell said.

“According to what we just read on the law you can’t,” Bearden retorted.

Mitchell continued, “If you read off the other statute in there the mayor is also a member of the council.”

“It says not in this one (instance),” Bearden said.

Apparently council members and the mayor were unaware that Bearden was quoting law that specifically applies to “Cities of the First Class.” Alexander is a “City of the Second Class.” The number 43 in 14-43-501 represents Chapter 43, “Government of Cities of the First Class;” Chapter 44 covers, “Government of Cities of the Second Class.” Chapter 44 does not require the city council establish a set of operating rules. It doesn’t forbid it either.

Arkansas statute 14-44-107, “Powers of mayor generally,” states in section, “(a) The mayor in cities of the second class shall be ex officio president of the city council, shall preside at its meetings, and shall have a vote to establish a quorum of the council, or when the mayor's vote is needed to pass any ordinance, bylaw, resolution, order, or motion.”

There was no discussion as to the changes made in the organization rules. According to Mitchell the amended version was edited by Ratliff and Alderman Dan Church. Most of the changes were made to return the document to its original form, which included reinstating the five-minute time limit on aldermen speaking on a topic. There was no time limit in the version submitted by Bearden and approved in January.

Voting “No” on amending the “Organization of City Council” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Mitchell voted “Yes” to break the tie.

Bearden yelled, “It’s illegal, I just want you to know.”

“That’s fine,” Mitchell said.

The next day city officials contacted Attorney David Schoen with the Arkansas Municipal League. He verified the mayor had the legal authority to break the tie vote.

Amending the 2015 budget
The vote to amend the 2015 budget didn’t go any smoother. Besides Bearden’s second attempt to keep Mitchell from breaking any tie vote, a fight nearly broke out at the end.

Alderman Louis Hobbs kicked things off with a motion, “Not to amend the 2015 budget at this time.” Bearden made the second.

Bearden then proceeded with another attempt to keep the mayor from breaking a potential tie vote. Quoting state statute 14-55-204 she said, “All bylaws, ordinances, resolutions, or orders for the appropriation of money shall require for their passage or adoption the concurrence of a majority of the aldermen of any municipal corporation.” Pausing for dramatic effect she then adds, “Majority of aldermen, governing body.”

She also tried to put off the whole discussion by requesting a separate meeting for the budget.

“I’ve had 11 days, I have questions,” she said. “What I would like to see is a workshop where all of us come together, discuss it together, and understand what we’re trying to pass.”

Copies of the amended budget were given to aldermen at the June 15 Regular Meeting. State law permits the budget to be amended anytime during the year.

After reminding aldermen the motion was to, “Not amend,” the budget Mitchell conducted the roll call vote.

Bearden was called first and said, “I vote not to pass it.” Also voting “Yes” were Louis Hobbs, Andy Mullins and Lonny Chapman. Voting “No” were Stephanie Beck, Melissa Ratliff, Jeffery S. Watson, and Dan Church.

Melissa Ratliff then made a motion to pass the amended 2015 budget. Jeffery Watson made the second.

Alderwoman Andrea Bearden kicked off the discussion on the amended budget by questioning the dollar amount of the two one-cent sales taxes because they are three cents off.

Ratliff astonished asked, “Are you talking about three cents?”

Bearden responded, “Uh huh.”

Ratliff replied, “Really?”

Church interjected, “Lord, have mercy!”

Bearden reminded Ratliff, “They’re supposed to be the same (amount).”

The two sales taxes in question are each one-cent and were approved by Alexander voters separately over ten years ago. The taxes are applied to the same items and at the end of the year the two amounts are normally the same. After the meeting bookkeeper JoAn Churchill explained the amounts received monthly since the first of the year haven’t been the same. After determining a monthly average then multiplying by 12 there was a three-cent difference in the two amounts.

Ratliff asked, “Can I call the vote? I don’t want to hear all her … (inaudible).”

Mitchell responded, “Do you want to call the question?”

“Yes,” Ratliff said.

“Go straight to the vote,” Mitchell announced.

In a tone of discuss and outrage Bearden said, “Well this is ridiculous, that’s ridiculous.”

Talking over Bearden Ratliff said, “It (sales tax amounts) comes from the state.”

Pounding the gavel for order Mitchell said, “Address the chair not individual council members.”

Voting “Yes” were Watson, Beck, Ratliff, and Church. Voting “No” were Hobbs, Bearden, Mullins, and Chapman. Mitchell then voted “Yes” to break the tie.

“No, it (law) says you can’t (vote) on appropriation and money,” Bearden said.

“Mayor votes “Aye” it passes,” Mitchell responded.

Bearden becoming vocal said, “You’re breaking the law again.”

Pounding the gavel Mitchell said, “You’re out of order.”

“And, so are you. You’re breaking the law,” Bearden shrieked.

As they did for the “Organization of City Council” vote, on Tuesday city officials contacted Attorney David Schoen with the Arkansas Municipal League. He verified the mayor had the legal authority to break the tie vote.

While trying to move on to the Paychex issue Bearden, not wanting to let it go said, “You’re all a bunch of crooks.”

Chapman mumbles something inaudible, which was the last straw for Church.

“You both need to keep your comments to yourselves,” Church said. “I’m not a crook and I’m not a (inaudible). You understand me?”

Chapman and Church exchange words talking over each other. Mitchell, pounding the gavel, says, “Please, order.”

Bearden pipes in with, “Well, you can’t ask no questions.”

Mitchell again says, “Order.”

Church stood up and started a loud response but Mitchell cut him off, “Dan, don’t … (I’ll) have to remove you.”

What to do about Paychex
Concerning whether or not to keep Paychex Bearden said, “I make a motion to leave it as-is as we discussed.” Hobbs made the second.

“Just so we understand, the treasurer of Alexander and CenterPoint both recommend we wait till the first of next year to do anything with Paychex,” Bearden said.

In a back-and-forth among the council members it was restated that changing from Paychex to using the city’s accounting software could cause a problem receiving W2 forms. Even if that’s not a problem everyone will receive two sets of tax returns. Council members voted unanimously to not make any changes at this time.

In 2013, when Michelle Hobbs was mayor, the City of Alexander hired Paychex to handle its payroll. Since then, vacancies in the bookkeeping and treasurer positions have been filled. Also, the CenterPoint accounting software has been repaired. This issue will be revisited when developing the 2016 budget.


Wednesday, July 8, 2015

Alexander council unanimously approves FEMA ordinance

In about ten minutes the Alexander City Council was able to accomplish at a second Special Meeting what it couldn’t at the first. The four aldermen who voted against an ordinance that updated the city’s participation in the National Flood Insurance Program decided to vote for it at the July 6 meeting.

At the June 29 Special Meeting aldermen Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman voted “No” on three separate motions needed to pass the ordinance.  Aldermen Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff voted “Yes.” Mayor Paul Mitchell was allowed to vote on one of the motions to break the tie.

This time around all eight voted “Yes.” In order for the ordinance to go into effect the night of the July 6 meeting the council needed a two-thirds majority to suspend the requirement the ordinance be read three times at three different public meetings. That would be six of the eight aldermen voting “Yes.” The first reading was at the June 29 meeting. It also required a two-thirds vote on an “Emergency Clause” suspending the 90-day waiting period allowing the ordinance to go into effect immediately. The usual majority vote of five was needed to actually pass the ordinance.

According to city officials, after learning of the failed vote FEMA sent the city a warning notice on yellow paper addressed to Alexander residents. The fliers were posted around town.  According to the flier if the city hadn’t met the July 6 deadline it would have meant residents would not be able to buy or renew flood insurance policies; Federal disaster assistance will not be provided; no Federal grants, loans, or loan guarantees; and no Federal mortgage insurance.

Attending the July 6 meeting was Trevor Timberlake, the FEMA coordinator for Arkansas. Timberlake’s presence was requested by Mitchell so he would be able to answer questions from council members.

Bearden, who did most of the talking and was instrumental in postponing approval of the ordinance during the June 29 meeting, no longer had questions. She said her questions were answered when she spoke to someone at Timberlake’s earlier in the day. The only issue she had was still not seeing the flood maps for the Saline County portion of Alexander.

Alderman Church asked, “How often are these maps updated?”

“The rule of thumb, about every four or five years,” Timberlake said. “It depends on FEMA’s budget. … Then they take that budget and decide on a yearly basis which areas to try and update.”

He also said all of Arkansas has usually been updated after four or five years.

According to the ordinance the only change to the flood map is adding a portion of the area in Pulaski County from the Dollar General Store towards I-30. Until now only portions of Saline County were listed as potential flood hazards.

Bearden said she’s seen the Pulaski County map but not Saline County. She requested copies of the flood maps for the Saline County portion of Alexander. Timberlake said he would provide digital files.

The next regular meeting of the Alexander City Council is Monday, July 20. The meetings are held in the City Hall courtroom at 6 PM. The public is invited to attend.


Monday, July 6, 2015

Alexander council gets one more chance to approve FEMA ordinance

Four City of Alexander aldermen will be given one more opportunity to vote “Yes” on an ordinance that will allow city residents to keep or buy flood insurance and provide various forms of FEMA (Federal Emergency Management Agency) aid. An “Emergency Meeting” has been scheduled for this evening (Monday, July 6) at 6 PM in city hall. The public is encouraged to attend.

On the previous Monday (June 29) a “Special Meeting” was held to discuss four items. Three of them were tabled during the regular June 15 meeting. The fourth, the ordinance for FEMA was added before the meeting’s agenda was posted. The ordinance entitled, “An ordinance providing for the establishment of a flood prevention program,” is the only item on the agenda.

During the June 29 meeting Mitchell said the ordinance needs to be approved, “So people don’t lose their flood insurance and so if a flood does occur FEMA can respond.”

Alderwoman Andrea Bearden asked, “When was the last time we had a flood?”

The ordinance is also part of an updated flood map provided by FEMA. Bearden wanted to see the map.

“I’d like to see the map,” Bearden said.

“They’re up there (in city hall) for public viewing,” Mitchell responded. “They’re so thick and huge … you (the public) just have to come in and look at them.”

“I’d like to see the map before I go voting on an ordinance,” Bearden added.

In order for the ordinance to go into effect before July 6 the council needed a two-thirds majority to suspend the requirement the ordinance be read three times at three different public meetings. That would be six of the eight aldermen voting “Yes.” It also required a two-thirds vote on an “Emergency Clause” suspending the 90-day waiting period allowing the ordinance to go into effect immediately. In both cases aldermen Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman voted “No.” Aldermen Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff voted “Yes.”

After learning of the failed vote, FEMA sent the city a warning notice explaining what residents would lose if the city does not participate in the “National Flood Insurance Program (NFIP).” The notice was addressed to Alexander residents and said if the city does not renew its participation in the program, “Property owners will not be able to purchase flood insurance and existing policies will not be renewed;” “Lenders may require homeowners to ‘payoff’ loan if flood insurance is not available through the NFIP, Federal backed flood insurance will not be available;” “If a county is declared for FEMA individual assistance, no federal disaster assistance will be provided;” Federal grants, loans, or loan guarantees are prohibited for the acquisition or construction of buildings made in identified special flood hazard areas;” “No Federal mortgage insurance may be provided in identified flood hazard areas;” “Communities that do not participate in the NFIP are not eligible to apply for certain federal grants;” and the, “Local governing body may be susceptible to some form of liability by not participating because their action denies the ability of its citizens to purchase flood insurance.”

For the ordinance to pass and be in effect immediately, six out of eight council members must first vote to suspend the second and third reading of the ordinance. Then, at least five must vote to approve (pass) the ordinance. Finally, six out of eight must approve the “Emergency Clause.”


Saturday, July 4, 2015

FEMA issues warning to City of Alexander

The Federal Emergency Management Agency (FEMA) has sent an advisory notice to the residents of Alexander warning them that inaction by the City Council will result in, “Suspension from the National Flood Insurance Program (NFIP).” According to the notice residents will lose not only access to government-backed flood insurance but it can also affect loans and disaster relief.

Mayor Paul Mitchell received the notice after he informed FEMA officials the city council did not pass the ordinance required to remain in the program. The ordinance entitled, “An ordinance providing for the establishment of a flood prevention program,” was part of the agenda for a special meeting held Monday, June 29. The deadline for passage of the ordinance is Monday, July 6.

The notice from FEMA reads as follows;

ATTN: RESIDENTS OF ALEXANDER

Consequences of Suspension from the National Flood Insurance Program (NFIP)

The NFIP is a voluntary program but does have implications of not participating.

Per the 1973 Flood Disaster Protection Act, Public Law 93-234, flood insurance is required for federally backed loans for property located in the Special Flood Hazard Areas (SFHA).

Property owners will not be able to purchase flood insurance and existing policies will not be renewed.

Lenders may require homeowners to "payoff' loan if flood insurance is not available through the NFIP.

Federal backed flood insurance will not be available. No owner of a residence, business or public building will be able to purchase a federal flood insurance policy. Individuals may obtain private insurance (ex. Lloyd's of London) but will be at a considerable cost.

If a county is declared for FEMA individual assistance, no federal disaster assistance will be provided to repair insurable buildings located in identified special flood hazard areas for damage caused by a flood.

Federal grants, loans, or loan guarantees are prohibited for the acquisition or construction of buildings made in identified special flood hazard areas under programs administered by Federal agencies such as HUD including CDBG, EPA, SBA, HHS, DOT, DOE, etc.

No Federal mortgage insurance may be provided in identified flood hazard areas.

Federally insured or regulated lending institutions, such as banks and credit unions, must notify applicants seeking loans for insurable buildings in flood hazard areas that property is located in a flood hazard.

Communities that do not participate in the NFIP are not eligible to apply for certain federal grants that include disaster and non-disaster related. These include Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation (PDM), Flood Mitigation Assistance (FMA), Repetitive Flood Claims (RPC), and Severe Repetitive Loss (SRL).

Actuarial rates go into effect regardless of whether or not a community participates in the program. Unprotected construction today may be prohibitively expense to insure should community later re-enter the program.

Local governing body may be susceptible to some form of liability by not participating because their action denies the ability of its citizens to purchase flood insurance.

This notice is being posted around town with an addition at the top. In red the added heading reads;

PEOPLE IN THE AUDIENCE WATCHED IN SHOCK AS ANDREA BEARDEN BROWN; ALDERMAN OF WARD 3. seat 1 LED A RAILING REBELLION AGAINST MAYOR PAUL MITCHELL. REFUSING TO APPROVE ANYTHING BROUGHT TO THE COUNCIL TO APPROVE. VOTNG ALONG WITH HER WERE LONNY CHAPMAN. LOUIS HOBBS AND ANDY MULLINS. AS A RESULT THE FLOOD ORDINANCE WAS NOT APPROVED AND THE FOLLOWING IS A WARNING FROM FEMA ON WHAT THIS COMMUNITY FACES AS A RESULT OF THIS REBELLIOUS BEHAVIOR.

During the June 29 meeting Mitchell said the ordinance needs to be approved, “So people don’t lose their flood insurance and so if a flood does occur FEMA can respond.”

Alderwoman Andrea Bearden asked, “When was the last time we had a flood?”

The ordinance is also part of an updated flood map provided by FEMA. Bearden wanted to see the map.

“I’d like to see the map,” Bearden said.

“They’re up there (in city hall) for public viewing,” Mitchell responded. “They’re so thick and huge … you (the public) just have to come in and look at them.”

“I’d like to see the map before I go voting on an ordinance,” Bearden added.

In order for the ordinance to go into effect before July 6 the council needed a two-thirds majority to suspend the requirement the ordinance be read three times at three different public meetings. That would be six of the eight aldermen voting “Yes.” It also required a two-thirds vote on an “Emergency Clause” suspending the 90-day waiting period allowing the ordinance to go into effect immediately. In both cases aldermen Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman voted “No.” Aldermen Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff voted “Yes.”

For more on that meeting see article below.


Thursday, July 2, 2015

Four Alexander aldermen kill FEMA flood insurance ordinance

Anyone who has flood insurance for property in the City of Alexander won’t have it after Monday (July 6) and anyone wanting a policy will be turned down after what happened during a special council meeting. Four aldermen successfully stopped an ordinance establishing an updated flood map of the city, a requirement to maintain the Federal Emergency Management Agency’s (FEMA) flood prevention program.

The document entitled, “An ordinance providing for the establishment of a flood prevention program” is a requirement in order for the agency to provide flood insurance and disaster relief.

Mayor Paul Mitchell said the ordinance needs to be approved, “So people don’t lose their flood insurance and so if a flood does occur FEMA can respond.”

Mitchell told council members the last time the ordinance and flood maps were approved was June, 2012. The deadline for FEMA to receive the ordinance is July 6, 2015.

Before the July 29 meeting started there were questions by some as to why the special meeting was needed. The meeting was originally scheduled by aldermen Dan Church, Stephanie Beck and Jeff Watson. The purpose of the meeting was to deal with three items that were tabled during the previous regular meeting held June 15. They were amending the Organization of City Council rules, amending the 2015 budget and what to do about Paychex. The budget was possibly the most pressing since the city can’t legally spend money that hasn’t been appropriated and it’s been said some line items were either underfunded or missing.

Mitchell said the meeting agenda wasn’t included in the original announcement because he didn’t know if the FEMA ordinance would be ready in time.

Alderwoman Andrea Bearden asked, “When were you given the information on the FEMA?”

“I don’t know exactly. I know we got the paperwork shuffled around and got put aside,” Mitchell said. “The district judge used my office and the paperwork got gathered up so she could use my office and it got stuck over in some other stuff.”

After the meeting started and the council turned its attention to the ordinance for FEMA Mitchell read the entire ordinance before discussion began. This fulfilled the legal requirement of the ordinance’s first public reading.

Bearden asked, “When was the last time we had a flood?”

Mitchell again stated the ordinance is simply a legal requirement that allows city residents to buy flood insurance.

“I’d like to see the map,” Bearden said.

“They’re up there (in city hall) for public viewing,” Mitchell responded. “They’re so thick and huge … you (the public) just have to come in and look at them.”

“I’d like to see the map before I go voting on an ordinance,” Bearden added.

By state law ordinances must be read three times at three different public meetings. Governing bodies can have one full reading of an ordinance and then pass a motion suspending the second and third readings. This allows a final vote on an ordinance at the same meeting of the first reading. Since the deadline was one week away Mitchell asked for a motion to suspend the second and third readings.

Bearden said, “So just because we want to see it (map) and you want to rush it through so you’re going to rush it through like you did the organization.”

The first item on the agenda was amending the “Organization of City Council” guidelines. It passed with Mayor Mitchell breaking a tie vote. That brouhaha will be covered in a separate article.

“Well, it’s got to be before the council,” Mitchell said. “All I’m trying to do is get it before the council and you all can do with it what you want.”

“It’s already before the council … and I told you I’d like to see the map,” Bearden responded. “I’d actually like to see what we’re talking about passing.”

Bearden makes a motion to table the issue and Lonny Chapman made the second. It was a tie vote with Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman voting “Yes”. Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff voted “No”. By state law mayors are only allowed to vote yes to break a tie. Mitchell did not vote.

A motion was then made to suspend the second and third readings. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Mitchell voted “Yes” making the vote five to four to pass.

Unfortunately, Mitchell and the others forgot state law requires a two-thirds majority to suspend the second and third readings of an ordinance. Six out of the eight would have had to vote yes. Later in the week Mitchell said in an E-mail he realized the error after the meeting ended. If there’s another meeting that vote will have to be taken over.

Still believing the second and third readings had been suspended a motion was made to approve the ordinance. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Mitchell voted “Yes” making the vote five to four. A simple majority is only needed to pass an ordinance and the mayor can vote “Yes” to break a tie vote.

Now believing passage of the ordinance had cleared two hurdles Mitchell asked for a motion to invoke the Emergency Clause. Without the Emergency Clause the ordinance doesn’t go into effect until 90 days after approval, 83 days after the July 6 deadline.

It also takes a two-thirds majority to pass the Emergency Clause. Mitchell remembered that and reminded council members during the discussion of the ordinance. Knowing all that, four aldermen still voted “No” killing the Emergency Clause. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff.



This article has been edited since first posted.