What’s below the St. Joseph’s Glen street controversy?

COMMENTARY

With the recent passage of the resolution that will allow the Arkansas Highway and Transportation Department to rebuild six streets in the City of Alexander, there has been much controversy and many comments made without the knowledge or understanding of all of the facts. Perhaps some of you reading the recent article on the subject missed the significance of some of the information provided.

As in everything there’s what we know and what we don’t know. Let’s start with what we know.

In 2003 St. Joseph's Glen (SJG) developers Michele Baker, Darren Baker and Travis Baker brought an ordinance to the Alexander City Council written by their attorney. This is three years before Woodland Hills would be annexed into the city and the council was made up of six aldermen representing three wards. The ordinance established an improvement district, encompassing phases one through six.

After the completion of all six phases a second ordinance was presented to the council in 2008. The new ordinance established a second improvement district for what would become Phase-7. And, it’s Phase-7 that contains the two streets causing all the uproar, Magnolia Glen and Autumn Cove.

By now the city had also grown. Woodland Hills had been annexed in 2006, boosting the council to eight members representing four wards. I guess you can’t expand an improvement district the same way cities annex new areas.

Ordinance 2008-02, passed June 16, 2008, says the improvement district is being established, "[F]or the purpose of constructing and installing facilities for water works, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation of electric and telephone distribution systems, sanitary sewers, streets, including curbs and gutters, sidewalks together with facilities related to any of the foregoing within said district."

After the completion of SJG, "[T]he improvement district shall continue to exist for the purpose of preserving, maintaining and operating the improvement(s), replacing equipment, paying salaries to employments (sic) and performing any other functions or services authorized by law," the ordinance states.

Up to this point this second ordinance mirrored the first ordinance that formed the original improvement district. However, when aldermen compared the first ordinance to the second they discovered language included Alexander taking over the maintenance of all utilities, including street repairs, if the Bakers decided to skip out.

Since water and sewer services, for the Saline County area of the city, are provided by Saline County Water and Sewer (SCWS) the council could not speak or make decisions for SCWS. Not to mention, if the Bakers would do the unthinkable and leave SJG high-and-dry, Phase-7 would be the only area covered by the city. The Bakers would still be responsible for the rest of the subdivision. With all that in mind the aldermen had the Bakers’ attorney amend the second ordinance.

It now stipulates, "The City of Alexander shall not have any obligation to assume the responsibilities for the continued existence, maintenance or control over the improvement(s)."

But, why does SJG need improvement districts when the newest subdivision under construction in Alexander, Meadow’s Edge, doesn’t? Perhaps financing is the answer.

We know the Bakers acquired a bond to fund construction of all utilities in the subdivision, including the streets and sidewalks. The bond is being paid for by a self-imposed property tax being paid by SJG residents. Self-imposed as-in imposed by the Bakers. It appears on the tax bill as “City Street Tax” but the City of Alexander doesn’t receive any of that revenue. It’s sent to the Bakers who then make payments on the bond.

In other words, the sale of the property and houses did not pay for the streets and underground utilities. It’s an on-going payment being made by the property owners.

An accusation being thrown around is that SJG residents are paying city taxes and getting no benefits. As far as property taxes go SJG residents pay the same city property tax paid by all property owners in the city; which is five-mils. The property tax, and a two-cent sales tax, provides revenue to the general fund, police fund and fire department fund. So they do get the same city services owed them.

Revenue to the street fund comes from the state’s fuel tax, which brings up another issue. The state disburses the share that goes to cities and counties based on population. You would think Alexander’s street fund revenue should be based on a population number minus the population of SJG. Whether it is or not is one of those facts we don’t know and someone will have to ask. I only mention this because when the city takes ownership of those two streets the population count used for the street fund revenue should be increased by the number of people living on those streets.

What we don’t know is a much shorter list than what we know. And, it’s a question I don’t believe anyone has asked. In order to qualify for the bond issue did the Bakers have to maintain ownership of the streets, sidewalks and other utilities?

It sounds as though the Bakers were able to qualify for what’s commonly known as a revenue bond. That type of bond is usually easier to get, at a lower interest rate, because payment is guaranteed either by a dedicated tax source or from fees such as a water and sewer system. To the best of my knowledge revenue bonds have always been made available to government entities; not private enterprises. That would explain both the need for an improvement district and the property tax.

Since government entities always own and maintain the beneficiary of a revenue bond, does that apply here as well? Must the improvement districts, operated by the Bakers, maintain ownership of all SJG utilities, both underground and above ground, until the bond is paid?

Before a subdivision’s utilities are taken over by the local city or county, after construction is completed, a set of standards and approval process is always established in the design stage. It appears the same construction standards used in building the streets in phases one through six were not used in Phase-7.

If taking over the streets by the city was going to be the end result from the beginning an engineer should have been monitoring construction to make sure all the streets were built to code. It does appear the plan for Phase-7 was to build streets as cheaply as possible and pass them off to the city with the attempted use of a couple of sentences in the second ordinance.

Finally, it’s not as simple as the city council just passing an ordinance. It would be like someone selling your car without you knowing about it. Even if all the streets and sidewalks were up to code there would have to be a legal agreement between the city, the Bakers and possibly the bond company.

Alexander street repair plan passes with tie-breaking vote; E-mail puts plan on hold

UPDATE/CORRECTION: Paragraphs 15, 16 and 19 have been updated or corrected.

Despite the inclusion of two St. Joseph’s Glen streets, that are not maintained by the city, the Alexander City Council narrowly approved a plan that will use up to $250,000 of state funding to repair six city streets; an approximate length of 1.75 miles. The resolution to adopt the plan had to be approved during a Special Meeting held on Friday, August 21, in order to meet the state’s deadline.

The meeting was called by Mayor Paul Mitchell Friday morning. Later in the day he had an appendicitis attack and couldn’t attend the meeting. City Recorder Sharron Bankhead acted as interim mayor during the meeting and cast the deciding vote.

The issue was also discussed during the monthly August 17 meeting. The matter was tabled allowing the mayor time to find out from the Arkansas Highway and Transportation Department (AHTD) if the city can be required to maintain two St. Joseph’s Glen streets after they are repaired even though there is an ordinance requiring all utility maintenance, including streets, be done by the developers.

The ordinance, passed in 2008, established the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." Passing the ordinance was the final step in a petition process placing Phase-7 of St. Joseph's Glen into an improvement district. Phase-7 contains the two streets in question, Magnolia Glen and Autumn Cove. A separate improvement district was formed prior to the construction of phases one through six.

Ordinance 2008-02, passed June 16, 2008, says the improvement district is being established, "[F]or the purpose of constructing and installing facilities for water works, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation of electric and telephone distribution systems, sanitary sewers, streets, including curbs and gutters, sidewalks together with facilities related to any of the foregoing within said district."

After the completion of St. Joseph's Glen, "[T]he improvement district shall continue to exist for the purpose of preserving, maintaining and operating the improvement(s), replacing equipment, paying salaries to employments (sic) and performing any other functions or services authorized by law," the ordinance states.

Finally, the ordinance stipulates, "The City of Alexander shall not have any obligation to assume the responsibilities for the continued existence, maintenance or control over the improvement(s)."

The ordinance forming the improvement district for Phase-7 was submitted by St. Joseph's Glen developers Michele Baker, Darren Baker and Travis Baker. The original version of the ordinance, written by the developers and their attorney, included language that would require the city to take over maintenance of all utilities in Phase-7 if the developers decided to end their legal responsibilities to St. Joseph’s Glen and its residents. Council members at the time sent the ordinance back to have it rewritten to match the ordinance that formed the improvement district for phases one through six. Phase-7 is the only part of St. Joseph’s Glen that has streets that need to be repaired.

The resolution passed at the August 21 special meeting was provided by the Arkansas Highway and Transportation Department and states, “The City agrees upon completion of the project to assume the maintenance of the right-of-way by City Forces and/or others including utilities and individuals in accordance with the prevailing Arkansas State Highway and Transportation Department regulations.”

This is not the first time city officials have had to deal with the legal issue of getting Magnolia Glen and Autumn Cove in St. Joseph’s Glen repaired. A resolution proposed during the March 17, 2014 regular meeting requesting a federal grant to repair streets in the St. Joseph's Glen subdivision failed by a vote of five to three. The mayor at the time was Michelle Hobbs.

The issue of the city not having legal control of any of the streets in St. Joseph’s Glen was also discussed during a public hearing held 15-minutes prior to the March 17, 2014 regular meeting. Amanda Adair, who represented the state at the hearing, was asked if the city can apply for the federal grant for streets not maintained by the city. Adair said, "No." Alderwoman Andrea Bearden and Alderman Lonny Chapman are the only current members of the city council who were also on the council in 2014.

The funding for this project is being provided by the State Aid City Streets program. Cities are being offered access to this program as part of a temporary gasoline tax extension passed by voters in November, 2011. Voters approved extending the half-cent tax in order to pay for a second $575 million highway bond program.

Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads. Reportedly Alexander is one of the early recipients of the funding. Last year Shannon Hills had four streets repaved with the $250,000. Taking advantage of the situation they paid for another four streets out of the street fund.

The rules for distributing this funding are apparently different than using funding from the Federal government. In a conversation with Mayor Mitchell prior to the regular August meeting he said he knew the St. Joseph’s Glen streets would be an issue so he asked AHTD officials if they are allowed to use this funding for streets not already maintained by the city. He says he was told, “as long as it’s not a gated community,” the funds can be used. After the project is completed the city must maintain those sections repaired by the state.

In early 2014 then Mayor Michele Hobbs told council members about Alexander being next-in-line to receive the $250,000 for street repairs. She also said AHTD officials would review all Alexander streets and AHTD would make the decision as to which ones would get repaired.

During the August 17 regular meeting former Alderwoman Faye McKeon told council members a list of streets was developed based on the bus routes through Alexander. She said the current list that’s included in the bid specs is not the same as the original list and blamed “the former mayor” (Michelle Hobbs) for the change.

Besides Autumn Cove and Magnolia Glen; the other streets on the list are 0.93 miles of Brookwood Road, 0.49 miles of Cornerstone, 264 feet of Kelli Place, and 369.6 feet of 2^nd Street. According to the state’s bid specifications Autumn Cove will be repaved from its cul-de-sac to the intersection of Magnolia Glen. The repaving will include the intersection and Magnolia Glen from the intersection east to the cul-de-sac. All of Brookwood will be repaved from the rail road tracks to Redwood Lane at a width of 20 feet. Cornerstone will be repaved from Highway 111 to S. Shobe Road at 24-feet wide. Kelli Place, located behind Alexander First Baptist Church, will be repaved 24-feet wide from the end of E. 2^nd Street for 264 feet. Finally, 2^nd Street between Highway 111 and Main Street (in front of the firehouse) will be repaved at a width of 20-feet.

After Bankhead read the resolution to the public members of the audience were allowed to comment. Everyone who spoke was for passage of the resolution.

Alderwoman Melissa Ratliff started the council’s debate of the issue by reminding them the only other option is to wait for Alexander’s turn to come around again. AHTD officials are saying that could take up to two or three years.

“It is a long process to get this done, too,” she said. “If we turn down St. Joseph’s Glen we’re risking liability in the future. Not only that but have any of you been through there?”

Ratliff then tried to make a motion to pass the resolution. However, Bearden argued that everyone should be allowed to comment before making the motion.

“You’ve got an ordinance that is blocking you from voting on this resolution,” Bearden said. “You cannot overturn an ordinance with a resolution.”

Bearden then quoted the ordinance.

Alderman Dan Church pointed out, “This is state aid money; this is not city money.”

Ratliff made the motion, which was seconded by Church, to approve the resolution. Bearden, at the same time, was still asking how a resolution can override an ordinance. As she continued to make her point Bankhead began pounding the gavel to silence Bearden.

Voting for the resolution were Stephanie Beck, Dan Church, Louis Hobbs (former Mayor Michelle Hobbs’s husband), and Melissa Ratliff. Voting against were Andrea Bearden, Lonny Chapman and Andy Mullins. Jeff Watson was absent which counted as a “No” vote. With the vote tied four to four Bankhead, as acting mayor, voted yes to break the tie, passing the resolution.

Bearden then tried to argue Bankhead couldn’t vote. Church reminded her Bankhead is acting mayor and can vote to break a tie.

The audience then applauded. Someone yelled out they will, “remember the ‘Yes’ votes,” and, “the ‘No’ votes.”

AHTD was expected to put the project out for bids with a bid opening in September. Construction would more than likely begin in October.

However, one E-mail has now put that on hold. According to a news report from Channel 7, Andrea Bearden sent an E-mail Monday to AHTD asking the same questions she posed during the council meeting.

According to the news report her E-mail says the proposed plan, "...includes two streets that simply do not belong to the city." 

In her E-mail she also states, "The city is being 'strong-armed' into accepting responsibility (of the two St. Joseph’s Glen streets)..."

Also on the agenda for the Special Meeting was the hiring of a new city attorney. That issue was tabled until the September Regular Meeting.

Alexander City Council decides to settle 2012 lawsuit out-of-court

The Alexander City Council unanimously decided to accept an out-of-court settlement in a civil rights lawsuit filed in 2012 by former Assistant Police Chief Brad Williams. The suit was filed against the city and Police Chief Horace Walters. Walters has since resigned from the police department on unrelated issues.

Arkansas Municipal League (AML) Attorney John Wilkerson updated council members and the mayor on the progress of this case, and several others, during their August 17 meeting. Wilkerson said Williams, Walters and the AML have agreed on a $30,000 settlement. The City of Alexander will pay 10-percent of that ($3,000) while the AML insurance program will pay the other $27,000.

Wilkerson told council members, “If we were to lose the trial it would probably be in the neighborhood of 50 to 60 thousand dollars.”

The lawsuit stems from incidents involving a paycheck, police car lights and a contentious relationship between Walters, Williams and Paul Mitchell, who was mayor at the time.

In 2011 Williams was leaving the Alexander police force for another job. Walters claimed 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. At this point Mitchell is now mayor.

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. Watson is now an alderman from Ward-1.

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 Mayor Mitchell instructed the city’s prosecuting attorney to drop the case because he knew it was part of a personal vendetta being perpetrated by Walters.

Mitchell defeated former Mayor Shirley Johnson in the November, 2010 election and was sworn-in January 1, 2011. Mitchell fired Chief Walters on July 10, 2011. In a seven to one vote the city council vetoed the mayor and reinstated Walters. Williams supported Mitchell's actions, putting him at political odds with Chief Walters.

The city was dismissed from the case by Federal Judge Kristine G. Baker in 2013. She signed an order November 8, 2013 granting that, "Claims against the City of Alexander are dismissed."

The order further states, "Claims of malicious prosecution, defamation, outrage, and abuse of process against Chief Walters will proceed to trial."

It was decided to continue representing Walters since he was a city employee at the time. Williams had requested a jury trial.

One more appeal was attempted on behalf of Walters. The appeal claimed as a city official at the time he is entitled to qualified immunity from prosecution. The appeal was denied by a three-member Federal appeals court in St. Louis.

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."

A second lawsuit against the city also involves the police department. The suit was filed in December 2013 after a former Alexander police officer was found not guilty of manslaughter by a Saline County jury.

Nancy Cummings was charged with manslaughter in January, 2013 by Saline County Prosecuting Attorney Ken Casady after an investigation by the Arkansas State Police. They investigated a shooting, which occurred while Cummings was attempting to take 30-year-old Bryant resident Carlton Wallace into custody.

Cummings encountered Wallace walking on Brookwood Road in Alexander around 4:30 PM Saturday, September 8th, 2012. While attempting to handcuff Wallace, Cummings’s gun discharged hitting Wallace. He was transported to Saline Memorial Hospital where he was later pronounced dead.

Cummings told State Police she noticed Wallace carrying a pistol tucked in his pants and that he threw it into the woods when he saw her. When attempting to arrest him and search him for weapons, Cummings says her service weapon she had been holding discharged. While the incident was under investigation by State Police Cummings resigned from the department.

According to Walters he hired Cummings in January, 2012 and had received no complaints against her. Walters also said she wasn't a certified police officer. Walters added he followed the law when hiring Cummings, although she had not, as yet, gone through the 12 weeks of basic training at the Arkansas Academy of Law Enforcement (ALETA).


Walters said she had passed the standard mental and physical evaluation. And, he added, she had to ride with an officer and get to know the operations of the agency.

Prior to working at the Alexander Police Department Cummings worked for the Pulaski County jail from 1997 to 2004 and the Arkansas Department of Correction from 2005 to 2011.


Jacquelyn Wallace, Carlton Wallace’s mother, filed a civil rights lawsuit in Federal Court against the City of Alexander, Walters and Cummings on December 30, 2013. The trial is scheduled for this October.

Wilkerson said he has filed a motion for a summary judgment, “which is essentially telling the judge here’s all the facts, here’s all the reasons Nancy Cummings didn’t do anything wrong and the city didn’t do anything wrong.”

“Nancy Cummings was hired without going to ALETA,” Wilkerson said during his summary of the events. “You can be hired (in Arkansas) for a year to 18 months without any training whatsoever.”

“It’s a horror story on account of it,” he continued. “I have no doubt in my mind she actually shot that man and I believe her procedure and the way she handled the situation were as good as she could have done given the situation, given the circumstances.”

“But from your perspective, from the city’s perspective, the city allowed an officer who had not gone to ALETA to walk the streets of Alexander with a gun,” Wilkerson said. “The thing about Nancy though is she had training with the Pulaski County Sherriff’s Office, Arkansas Department of Corrections, both used the weapon that was used in the shooting, and (she) would (know) how to handle … suspects. And, she knew the parameter of the use of deadly force.  She had all the training I believe to be a law enforcement officer. You had a trained officer they (police department) really didn’t train.”

Alderman Dan Church asked to verify, “She had been through reserve school, too?”

Wilkerson responded, “Yeah.”

Wilkerson ended his report saying, “I hopefully expect to get out on a motion.”

Wilkerson also updated council members on two other lawsuits involving loans. One is over a repossessed fire truck and the other involves several loans that were bundled into one loan and later sold to a bank in Oklahoma.

The City of Alexander entered into a lease-purchase agreement with First Government Lease Company and its owner Paul Anthony Graver in May, 2008. The amount of the lease-purchase was $50,000 for the truck and an additional $24,325 in interest. The agreement is for seven years at $884 per month.

Graver lives in Chicago. His business is located in Northfield, Illinois.

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. Cities are limited to a maximum of five years when taking on interest-paying debt. The 1999 Freightliner fire truck was repossessed later that year. There is approximately $7,000 remaining on the loan.

In early 2014 Graver was ordered to put up a $54,000.00 bond by Pulaski County Circuit Court Judge Tim Fox when he defied two court orders to return the truck. The truck was sold November 14, 2013 to a company in Raleigh, Mississippi.

The city filed a lawsuit in Mississippi attempting to reclaim the fire truck from the company that bought it. During a hearing held May 18, 2015 a judge there ruled the city cannot have the fire truck returned.

According to Mayor Paul Mitchell, who attended the hearing, “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.”

“Our position is we don’t have to pay $7,000,” Wilkerson told the council. “We are entitled to the $54,000, or the truck back, not to mention the equipment that was on the truck.”

“Let me work that out,” he added. “It may take a while.”

The City of Alexander is also being sued by an Oklahoma bank after the bank bought a loan from First Government Lease Company and its owner Paul Anthony Graver.

According to Arkansas Division of Legislative Audit's report for the City's budget year of 2007, in August the City combined six lease-purchase agreements consisting of police and fire vehicles, equipment, "and an addition to the fire station" on South Alexander Road. The "addition" was actually the purchase of property next to the fire station.

The original terms of the agreement were a loan of "$350,000 with an annual interest rate of 9.9% to be repaid by a monthly payment of $4,971 for 168 months (14 years)" the report states.

But, according to the amortization schedule the loan was for $435,975; $85,975 more than the original $350,000 with an interest rate of 9% instead of 9.9%. The payment period was also reduced to 12 years instead of 14.

Alexander still owes 100 payments of $4,970.83 each on the loan because it quit paying First State Bank in March, 2013 and has refused to pay since then because the city maintains that the lease-purchase agreement violates the Arkansas Constitution and is therefore void. The Arkansas Constitution puts a five-year maximum time limit on government loans and a maximum interest rate of 5-percent above the Federal Reserve discount rate. There is also a maximum consumer rate of 17-percent.

“The city was defrauded,” Wilkerson said. “The Chicago guy knew he was a swindler, sold the loan to a bank … in Oklahoma.”

“We owe First State Bank $450,000 plus the interest rate that was fraud,” Wilkerson continued. “The bank wants more money than I’m willing to give them. They want terms that are unconstitutional. If we’re ever going to settle it we have to be very smart in the way we frame the deal.”

Asked about recouping payments Wilkerson said, “We could end up getting all of our money back and then some. But, I have a hard time believing a judge or jury is going to give that money back (to city). I think a fair thing to do, a way to move us forward from this, is to agree to pay the principal that remains, about $170,000, … in the next five years at 8-percent interest.”

In closing Wilkerson said the legal process could take another two to three years and may end up going to the Arkansas Supreme Court. The city could also be ordered to immediately pay the remainder of the loan causing the city to go bankrupt but, “The likely hood of that happening is pretty slim,” he said.

The next regular meeting of the Alexander City Council is Monday, September 21. Meetings are at 6 PM in the courtroom in city hall. The public is invited to attend.

Alexander Mayor Paul Mitchell calls Special Meeting for tonight

City of Alexander Mayor Paul Mitchell has called a Special Meeting for tonight; Friday, August 21, 2015. Meeting time and place is 6 PM in the courtroom at city hall.

There are two items on the agenda. One is listed as “Pat Marshall” while the other is “State Highway Department Plan.”

A vacancy in the city attorney position was created when former City Attorney Kevin Lemley was hired by the Arkansas Attorney General’s office. The city’s current Prosecuting Attorney Pat Marshall has offered to also serve as the city attorney.

A resolution allowing the state highway commission to proceed with taking bids to repair several streets in Alexander must be approved before the bidding process can begin. This is part of the process to receive the $250,000 bonus Arkansas cities are being given as their share of the special fuel tax passed by voters a few years ago.

Both items were on the agenda for Monday’s August 17 Regular Meeting. One issue failed in a vote and the other was tabled.

The vote for Pat Marshall failed five to three. Now one alderman claims she meant to vote “Yes” instead of “No.”

The resolution for the $250,000 was tabled because the street repair plan includes two streets in St. Joseph’s Glen. Aldermen want Mitchell to verify with the state highway department if the city will now be responsible for those two streets. None of the streets in St. Joseph’s Glen has been turned over to or accepted by the city to be maintained by the street department. 

The streets to be repaired were selected by former Mayor Michelle Hobbs in December, 2014. She lost to Mitchell in the 2014 General Election.

Four items under New Business for City of Alexander August meeting

Several items are listed on the agenda for the City of Alexander’s next regular meeting. Agenda items include a second reading of an ordinance introduced at the July meeting and four items listed under New Business.

The council will have the second reading of an ordinance entitled “City of Alexander Solid Waste Assurances Ordinance.” The ordinance protects the city from contractors who do not dispose of construction waste properly. After the August meeting one more public reading is required before an actual vote on the ordinance can be taken.

According to the agenda the first item under “New Business” will be hiring the city’s prosecuting attorney, Pat Marshall, to also serve as the city attorney. Former City Attorney Kevin Lemley has been hired by the Arkansas Attorney General’s office and can no-longer serve as city attorney.

The annual five-mil property tax ordinance will be presented to the council. This is an annual vote which allows Pulaski and Saline counties to collect the city’s property tax.

Two resolutions are listed under “New Business.” One is a resolution allowing the state highway commission to proceed with taking bids to repair several streets in Alexander. This is part of the process to receive the $250,000 bonus Arkansas cities are being given as their share of the special fuel tax passed by voters a few years ago. The second resolution deals with the signing of checks.

The next regular meeting of the Alexander City Council is scheduled for Monday, August 17. Meetings are held in the courtroom in city hall. The floor show begins at 6 PM and the public is invited to attend.

City of Alexander offered Human Development Center

Former Alexander Human Development Center
located on State Hwy-111.

The Arkansas Department of Human Services (DHS) offered to give the City of Alexander the remaining property and vacant buildings, which once housed the Alexander Human Development Center. Issues concerning the property were detailed in a written report provided to council members. Planning Commission Chairman Bob McKeon was at the council’s July 27 meeting to answer any questions.

DHS has been trying to sell the property and building to developers since it was closed a few years ago as the result of a state-wide lawsuit. Residents were moved to apartment-like settings and the building has been vacant ever since. Similar accommodations are on the south end of the property. They are operated by Pathfinder, Inc., which is leasing a portion of the property from DHS.

The report was written after three commission members were given a tour of the property and facilities by DHS officials. Commission members were John Reeves, Deanna Reeves and Shirley Johnson.

According to the report the areas not being leased by Pathfinder are, “the brown building, main hospital building, greenhouse & the small park behind the main hospital building.”

As to the condition of the structures the report states, “The buildings have been trashed and totally gutted of any and most all electrical wiring, plumbing, etc. of any value. There is graffiti on the walls, windows knocked out, (and) ceiling tiles gone.”

Commission member Deanna Reeves contacted Patricia Blick with the Arkansas Preservation Program in regards to grants. According to the report it has already been determined the hospital building does not qualify to be placed on the National Registry of Historic Places because of its metal roof. If it had it would have qualified for matching grants.

Blick is quoted in the report explaining a second grant option that can be used to replace the roof bringing the building up to National Registry standards. The grant has a $10,000 maximum and the city would have to match it dollar-for-dollar.

Since the roof is only one of the building’s many problems, the council decided it would be too time consuming and too costly of a project for the city. It was agreed to decline the offer from DHS.

In other business during the July 27 meeting;

● Bearden suggested asking officials from Pathfinder if the city can lease the pond to hold a fishing derby. She pointed out Arkansas Game and Fish will stock the pond free for that type of event. Mayor Paul Mitchell agreed that’s something that can be discussed in the future.

● Besides answering questions concerning the Alexander Human Development Center, planning commission chairman Bob McKeon said the commission is still discussing the annexation of Forrest Hills Cemetery with corporate headquarters. He added that Forrest Hills Cemetery and Pine Crest Memorial Park are now owned by the same corporation. He also said Griffin Leggett-Forest Hills Funeral Home will be closing down, moving to Pine Crest and building a new funeral home. He did not specify the location of the new funeral home.

● There also seems to be a disagreement over how much access city officials have to city hall and the copier. Alderwoman and planning commission member Andrea Bearden, along with planning commission chairman Bob McKeon, complained about not being able to use the copier to make copies of documents; having to buy their own supplies; and being mistreated and ignored by city hall staff. McKeon suggested the planning commission could cease to exist if they don’t get more cooperation from city staff and the mayor.

During the “Public Comment” portion of the meeting City Bookkeeper JoAn Churchill explained that it’s city policy that only city hall staff can operate city hall equipment. Bearden said if she needs to make a copy of a document to give to a city official it’s of no concern of “an hourly employee.” She added that unlike city employees elected officials have to take an oath.

● The council had the first reading of an ordinance entitled “CITY of ALEXANDER SOLID WASTE ASSURANCES ORDINANCE.” The ordinance protects the city from contractors who do not dispose of construction waste properly. Two more public readings are required before an actual vote on the ordinance can be taken.

● Bearden told Mitchell she contacted Legislative Audit and was told his use of a signature stamp on checks is illegal. Mitchell said he approves it being used by others for each instance and is given a copy of the item stamped. He added he will check into the legality and stop doing it if it’s not legal.

● Bearden asked Mitchell about the progress of street repairs. He said he’s been working with the Saline County Road Department scheduling those projects too big for the city street department to handle. Three locations are at the top of the list; South Alexander Road, near the fire house, Mountain Drive in the curves and West Azalea west of Valley Drive.

● In response to Bearden’s query as to the whereabouts of the city attorney Mitchell said City Attorney Kevin Lemley has “turned in his stuff” after being hired by the Arkansas Attorney General’s office. An official resignation letter has not been received. The city will be advertising for a new attorney. Mitchell said the city’s prosecuting attorney Pat Marshall has expressed interest in the position.

● The next regular meeting of the Alexander City Council is scheduled for Monday, August 17. Meetings are held in the courtroom in city hall. The floor show begins at 6 PM and the public is invited to attend.