Former Alexander alderman appointed to council

Former City of Alexander Alderman Farren Wadley has returned to the council representing Ward-1. He was appointed to fill the vacancy in Position-2 when Alderman Jeff Watson had to resign after moving to Ward-3. Wadley was the only person to submit an application.

Normally this would have been a simple and straightforward process but Wadley brings some baggage with his return to the council. In 2013 he was issued a "Letter of Caution" by the Arkansas Ethics Commission (AEC) for using city property for personal gain.

The warning was the result of an investigation by the AEC of charges filed by city resident Juanita Wilson concerning what appeared to be his use of city property without approval from the city council. He was also fined $150.

Wilson filed the charges in 2012. She was then elected to the city council in 2012 and lost re-election in 2014.

The charges stem from his use of the City of Alexander Community Center for his martial arts business. Wadley owns and operates Bryant Martial Arts. According to a flyer provided to the AEC, the classes in Alexander were held on Tuesdays and Thursdays.

Wadley was working with a church group that held services at the center on Sunday morning and a weekly dinner Wednesday evening. Allegedly Wadley was teaching martial arts to church members but he was doing it on days the church group wasn’t renting the center and he was trying to attract non-church members with the flier.

The church was renting the center from the city until it ended meeting there in September 2012. Wadley continued to hold classes at the center.

The AEC held a hearing in February 2013. Wadley did not attend the hearing, but Wilson did.

According to the "Letter of Caution" Wadley was charged with, "using your position as Alderman for the City of Alexander to obtain special privileges or exemptions in connection with (i) running a "for profit" business in a city owned building without a "business license" and without the knowledge or consent of the city residents, city council, or mayor; (ii) advertising and pocketing all monies earned as a result of that business; (iii) advertising for the business included a flyer stating the business, Bryant Martial Arts, was open every Tuesday and Thursday; and, (iv) never paying rent nor having a rental agreement, and having no discussion by the Alexander City Council concerning the business or use of the city-owned building."

The letter also states, "it was agreed that the Commission make a finding that you violated Ark. Code Ann. § 21-8-304(a) by operating a for profit business out of the Community Center without paying rent to the City of Alexander or obtaining a business license from the City of Alexander."

The letter concludes, "The Commission is hereby issuing you this 'Public Letter of Caution' which is advisory in nature and serves to give clear notice that your actions violated the law. You are advised not to engage in the same activity again." The letter also says Wadley, "signed a written Offer of Settlement."

Alderwoman Melissa Ratliff noted there was no mention of his ethics violation in his resume. She asked Wadley, “Were you convicted of an ethics violation in the City of Alexander while you were alderman?”

“No, I wasn’t convicted,” Wadley said. After a pause he continued, “But, I chose not to argue about that and I paid them $150, which I didn’t mind.“

“So, they (AEC) did find you in violation of ethics when you were alderman,” said Alderman Dan Church. “In order for you to pay a fine they had to, right?”

“I never showed up (at the hearing),” Wadley responded.

After Church restated his question Wadley said, “Because I wasn’t there, yes I assume. I never showed up. It was easier for me to just pay the money, which I didn’t mind.”

Wanting more detail Church asked Wadley why he didn’t show up at the hearing.

“Because I didn’t want to go through that,” Wadley said.

“Because you knew you were in violation of the ethics violation,” Church responded.

“Well, at the time I didn’t know I was,” Wadley said. “If they saw that I had I didn’t … want to go against them on that.”

“What if there was an issue on the council that you were afraid of getting faced with would you not show up then either,” asked Ratliff?

“I show up for my city,” Wadley said. “If my city needs me I will be there.”

“I’ve never heard directly from your mouth what happened (to cause the ethics violation),” Ratliff said.

“I don’t think it matters,” Wadley responded. “It was a misunderstanding I believe; a lack of knowledge of how things work.”

Overlapping his response Ratliff said, “It does matter.”

“A lack of knowledge from who,” asked Church?

“Myself,” Wadley responded. “Because of the lack of knowledge I chose not to defend anything. I did it to, mostly just to, I thought if it could help a situation then, I was working with the church at the time. But apparently it was a decision I shouldn’t have done I left it up to them (AEC). I learned from that mistake.”

“But you weren’t using it for a church,” said Alderman Church. “You were using it for your own business.”

Trying to put it off as a past mistake Wadley said, “Well, there’s a situation there that’s pretty much in the past.”

“It’s not in the past when you’re applying for a seat on the Alexander City Council,” Church replied.

Ratliff added, “Since you were convicted of an ethics violation as an alderman it would only prove bad conscience to vote for you as an alderman knowing that you have that on your record.”

Alderwoman Andrea Bearden asked if not contesting the charge amounted to a guilty plea. Wadley said he was told, “It wasn’t a guilty plea.”

Bearden went on to say, “But if you’re not guilty you wouldn’t have to pay a fine.”

“You’re asking me that,” Wadley said. “But, has anyone asked them (AEC) that, is he guilty?”

Wadley went on to say he would understand if council members didn’t want him on the council. He said he only wants to help Alexander any way he can.

It was pointed out that Wadley was not removed from the council after the ruling from the AEC. Church said he spoke to one the attorneys with the Arkansas Municipal League who said the ethics violation wasn’t a felony therefore there’s no legal reason Wadley can’t serve as alderman.

Wadley was on the council until the end of 2014. Instead of running for re-election as alderman he ran an unsuccessful campaign for mayor in the November 2014 General Election.

After discussing the appointment in an executive session the aldermen returned to the open meeting. Voting “Yes” on the motion to appoint Wadley to the council were Louis Hobbs, Lonny Chapman, Andy Mullins, Andrea Bearden, and Stephanie Beck. Voting “No” were Melissa Ratliff and Dan Church.

After being sworn-in by Mayor Paul Mitchell, Wadley took his seat at the council table without the usual congratulatory applause.

Wadley’s appointment will be in effect for the remainder of this term, which ends December 31, 2016. If he or any of the other council members desire to continue on the council the next election is November, 2016.

In other business at the December 21 meeting;

• Knowing the issue of appointing Farren Wadley to the council would take some time, council members agreed to first hear a request to operate an automotive repair and body shop at the southwest corner of South Alexander Road and West Azalea. Council members approved a “Conditional Permit” which is only valid for the owners of the auto repair business. If they should ever leave the property reverts back to its original zoning.

• After appointing Wadley the council approved the budget for 2016. Mayor Mitchell said the 2015 budget “Worked so well” he decided to leave it as-is for 2016. He also pointed out the “Revolving door” at the police department has stopped. The budget total is $2,625,669.40. A budget resolution will be on the agenda for January. The deadline for passing the resolution is February 1.

• Earlier in the meeting Mitchell reported on the progress of the street paving. He said a spot in St. Joseph’s Glen had to be cutout and dug down about 24-inches and replaced with a proper base to keep it from sinking. Also, white stripes need to be painted on the paved portion of West Azalea and Don Parker. The only area not paved is the driveway and parking lot at the city park. Mitchell said that was due to weather and probably won’t be started until after January 1.

Council vacancy, budget on Alexander agenda

There are only two items on the Alexander City Council agenda. One is to fill a vacant seat on the council; the other is the 2016 budget. The Ward-1 Position-2 seat became vacant when Alderman Jeff Watson moved from Ward-1 to Ward-3.

The next regular meeting of the Alexander City Council is scheduled for Monday, December 21, 6PM at city hall. The public is invited to attend.

CORRECTION: The article originally stated, "According to the agenda two residents have submitted resumes to fill the Ward-1 Position-2 seat." The agenda actually states, "Consider Ward 1, Position 2 applicants," not there are two applicants. We apologize for the misunderstanding.

Alexander council says “No” to Quiet Zone

The Alexander City Council has decided to not join the City of Bryant in a request to make the railroad crossing at Brookwood Road a Quiet Zone. The decision came during the regular monthly meeting held November 16.

According to Mayor Paul Mitchell a resident of the Cherry Creek subdivision in Bryant asked the Bryant City Council to make the crossing a Quiet Zone. The subdivision is along Shobe Road west of the crossing. Since the crossing is in Alexander Mitchell was asked if the city would join in the request. Some Alexander aldermen simultaneously asked why someone who wants quiet would buy a house near railroad tracks.

Mitchell explained there’s more to it than just declaring a Quiet Zone. The request would go to the Federal Government and a study would be conducted to see if the crossing meets standards that would allow train engineers to not sound the horn when approaching. He said Bryant is willing to handle all the paper work and legal process and costs involved.

In another matter the council declared the Ward-1 Position-2 seat vacant after receiving the resignation of Alderman Jeffery Watson. He still lives in Alexander but he has moved from Ward-1 into Ward-3.

The mayor is accepting applications from any registered voter living in Ward-1. Whoever is appointed to fill the vacancy will do so until the next election.

The next regular monthly meeting of the Alexander City Council will be held Monday, December 21. The meeting will be at 6 PM in the courtroom in city hall. The public is invited to attend.

This article has been edited since first posted.

Alexander council approves additional street repairs, money transfer

In a special meeting Thursday night the Alexander city council gave Mayor Paul Mitchell approval to add streets to a list of streets currently being paved under a state funded improvement program. The approval came in the form of moving $85,000 from the general fund to the street fund and allocating $150,000 for the additional streets.

Mitchell also received permission to pave the city park driveway and parking lot with park funds. As of Thursday’s meeting Mitchell didn’t have a quote for that project.

After a lengthy discussion between Alderwoman Andrea Bearden and City Treasurer Kenneth Miller it was determined there is a reconciled balance of around $208,000 in the general fund. Council members were provided bank account statements for both the general and street funds. However, a list of outstanding checks was not included. Once Miller ran a printout of those two amounts it was determined the general fund had enough to repay the street fund $85,000 and spend $150,000 from the street fund.

Approving the three proposals were Andrea Bearden, Stephanie Beck, Lonny Chapman, Dan Church, Andy Mullins, and Melissa Ratliff. Louis Hobbs was absent and Jeffery Watson has resigned his seat on the council after his recent move from Ward-1 to Ward-3.

Besides paving the city park driveway and parking lot, which are currently rock, Mitchell proposed paving Don Parker Drive from Redwood Lane to West Azalea Drive; paving West Azalea Drive from Don Parker Drive to Kathy Drive; and paving Dogwood Ranchette Drive. The streets would be paid for mostly from the street fund plus there is $14,782.51 left of the $250,000 street improvement grant awarded to Alexander by the Arkansas Highway Department of Transportation (AHDT).

The transfer of $85,000 will also help the general fund repay the nearly $86,000 it owes the street fund. During Shirley Johnson’s first 17 years as mayor the general fund received $159,913 of street fund revenue in violation of state law. What’s called “Street Turnback” funds, which are distributed to counties and municipalities from the state’s fuel tax, can only be spent on street related services.

In 2007 city council members, most appointed after the annexation of Woodland Hills, discovered the illegal spending noted in an annual state audit of the city. Aldermen ordered that all future street fund money be deposited in the street fund. Also, future budgets provided for payments of additional revenue from the general fund to the street fund, which had reduced the amount owed to around $86,000.

The streets to be repaved under the state grant are Autumn Cove and that portion of Magnolia Glen that intersects Autumn Cove in St. Joseph’s Glen, Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. The paving began Wednesday, November 18. Mitchell said AHDT engineers will also oversee the additional work approved by the council.

City of Alexander Special Meeting tonight, Thursday

City of Alexander Mayor Paul Mitchell has scheduled a Special Meeting for tonight; Thursday, November 19. Aldermen will be asked to approve adding additional streets to the list of streets being repaired and repaved under a state-funded program and move about $86,000 owed by the general fund to the street fund.

The meeting will be held in the courtroom at city hall at 6:30 PM, instead of the usual 6:00 PM, so all aldermen can attend. The public is invited to the meeting.

The subject of having more streets repaved and the funding proposal was discussed at the regular November 16 meeting. Mitchell asked aldermen to consider having more streets repaved while the contractor is in the city, which would save on costs.

Mitchell proposed paving the city park driveway and parking lot, which are currently rock, using funds from the park budget. He also suggested paving Don Parker Drive from Redwood Lane to West Azalea Drive; paving West Azalea Drive from Don Parker Drive to Kathy Drive; and paving Dogwood Ranchette Drive. The streets would be paid for mostly from the street fund. Besides the current balance the general fund owes the street fund about $86,000 and there is $14,782.51 left of the $250,000 street improvement grant from the Arkansas Highway Department of Transportation.

While Shirley Johnson was mayor the general fund received $159,913 of street fund revenue from the state in violation of state law. What’s called “Street Turnback” funds, which come from the state’s fuel tax, can only be spent on street related services.

In 2007 city council members, most appointed after the annexation of Woodland Hills, discovered the illegal spending noted in an annual state audit of the city. By 2007 Johnson had been mayor for 17 years. Johnson lost re-election in 2010.

Aldermen ordered that all street fund money be deposited in the street fund. Also, future budgets provided for payments of additional revenue from the general fund to the street fund to return the misappropriated funds. The current amount owed is reported at around $86,000.

The streets to be repaved under the state grant are Autumn Cove and that portion of Magnolia Glen that intersects Autumn Cove in St. Joseph’s Glen, Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. The paving began Wednesday, November 18.

Alexander council will discuss “Quiet Zone”

The City of Alexander council will be discussing a “Quiet Zone” at its regular monthly meeting Monday. According to the meeting agenda this “Quiet Zone” is in the area of Brookwood Road and Shobe Road.

Also on the agenda is the resignation of Alderman Jeffery Watson representing Ward-1 Position-2. He still lives in Alexander but he has moved into Ward-3.

Once the seat is declared vacant by the council the mayor will begin accepting applications from any registered voter living in Ward-1. Whoever is appointed to fill the vacancy will do so until the next election.

The regular monthly meeting of the Alexander City Council will be held this Monday, November 16. The meeting will be at 6 PM in the courtroom in city hall. The public is invited to attend.

Fundraiser set for Alexander firefighter

Pancake Breakfast to benefit AFD's Justin Potter will be held at the Alexander Baptist Church Family Life Center; Saturday, morning November 14, 7:30 AM to 10 AM.

The only cost is a $5 donation, which includes 2 pancakes, choice of bacon/sausage, and choice of milk/juice/coffee/water.

Anyone wishing to donate food, beverages, condiments, or paper products please drop them off at Alexander City Hall or Alexander Fire Department by Wednesday, November 11.

Firefighter needs help with medical costs

City of Alexander firefighter Justin Potter has been diagnosed with testicular cancer. A Go Fund Me account has been established by Alexander Fire Chief Mark Ridgeway to help offset medical costs.

Anyone wishing to donate, or want more information, should click on the link below.
https://www.gofundme.com/zn7tkn7g

Date to begin repaving six Alexander streets unknown

According to City of Alexander Mayor Paul Mitchell officials from the Arkansas Highway and transportation Department (AHTD) have not released an estimated start date to repave six city streets. The only information he was able to provide at the monthly October council meeting was the dollar amount of the bid accepted by AHTD, $235,217.49.

Mitchell provided aldermen a copy of an E-mail he received from AHTD. The only information provided is the dollar amount of the winning bid. Mitchell was asked the name of the contractor because that information was also not included in the E-mail. He didn’t know.

As reported last week, according to a bid summary report AHTD awarded the project to Redstone Construction Group, Inc. of Little Rock. The bid of $235,217.49 is below the $250,000.00 allowed Alexander by AHTD. The only other bid was from Cranford Construction, Co. of North Little Rock at $295,220.53. Apparently, Mitchell was not provided a copy of that report.

Alderwoman Andrea Bearden asked for the name of the contractor and who will be monitoring the quality of the work. According to Bearden there were some quality issues with a similar project in Lonoke. Mitchell said he would have to ask about the contractor and how AHTD handles the final approval on these projects.

The streets to be repaved are Autumn Cove and that portion of Magnolia Glen that intersects Autumn Cove in St. Joseph’s Glen, Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. The funding for this project is being provided by the State Aid City Streets program.

Mitchell told council members because the remainder of the $250,000 is less than 10-percent ($25,000) under the maximum the city can add streets to the project without further approval from AHTD. He said he would like to use the remaining $14,782.51 on Don Parker Drive from Brookwood Road to the area near Rosewood Lane.

“They’re going to be right there on Brookwood anyway,” Mitchell said. “Part of the school bus route is Don Parker.”

Mitchell said he’ll have to find out how much it will cost to add that section of Don Parker.

He also wants to know what the contractor will charge to pave the road and parking lot at the city park off Highway 111. It’s currently all rock which washes away. He told the council there’s plenty of money in the park fund and once he gets a quote he’ll bring it to the council for approval. The park fund receives dedicated revenue from a portion of a one-percent sales tax.

The next regular meeting of the Alexander City Council will be held Monday, October 19 at 6 PM in the courtroom at city hall. The public is invited to attend.

Lowest street bid comes in under budget; Monthly meeting Monday

The Arkansas Highway and Transportation Department (AHTD) has awarded the bid to repave six City of Alexander streets to Redstone Construction Group, Inc. of Little Rock. The bid of $235,217.49 is below the $250,000.00 allowed Alexander by AHTD. The only other bid was from Cranford Construction, Co. of North Little Rock at $295,220.53.

The bids were opened Wednesday, October 14. They were then approved at a meeting held the next day.

The streets to be repaved are Autumn Cove and that portion of Magnolia Glen that intersects Autumn Cove in St. Joseph’s Glen, Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. It’s unknown when the work will begin.

Because the remainder of the $250,000 is less $25,000.00 (10%) the city can add streets to the project without further approval from AHTD. Alexander can also add its own funding if needed.

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. Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads.

This may be the only topic of discussion at the next regular meeting of the Alexander City Council. The agenda only lists the regular reports along with “Old Business” and “New Business” with no specific items listed.

The meeting will be held Monday, October 19 at 6 PM in the courtroom at city hall. The public is invited to attend.

Alexander council approves fire truck purchase

In a special meeting held Thursday evening (October 1), which lasted about nine minutes, the Alexander City Council approved the purchase of a used fire truck pumper at a cost of $22,500. An additional $1,000 was granted for the purchase of batteries and any other minor repairs. The vote was actually to approve adding the purchase to the fire department’s budget.

The truck is being purchased from the Federal Surplus Property in North Little Rock. It’s a 21-year-old former U.S. Navy fire truck with 77,000 miles.

This truck will replace the one repossessed in 2013. That truck was eventually sold and is still part of ongoing litigation over a combining of several lease-purchase agreements into one. For the past two years the fire department has had only one full-sized operational pumper to use during emergency calls.

Alderwoman Andrea Bearden asked Mayor Paul Mitchell if he had a plan to pay back the “$400,000 loan” if the city is ordered to pay it immediately, referring to the lawsuit.

“I’m trying to end the year with money still in the bank … in case something like that does come up,” Mitchell said. “We’re in the black.”

Bearden asked Fire Chief Mark Ridgeway for a list of what it will take to bring the fire truck up to standards and to bring the list to the next meeting. Ridgeway said the main items needed to be purchased are items that were in the old truck and never returned.

Present at the meeting and voting “Yes” were Bearden, Lonny Chapman, Dan Church, Andy Mullins, and Melissa Ratliff. Absent, which counted as “No” votes, were Stephanie Beck, Louis Hobbs and Jeff Watson.

Alexander mayor calls special meeting tonight

City of Alexander Mayor Paul Mitchell has called a special meeting for tonight (Thursday, October 1). And, this meeting has nothing to do with St. Joseph’s Glen or streets.

The meeting has been scheduled to discuss and hopefully get approval to buy a fire truck. This truck will replace the one repossessed in 2013. That truck was eventually sold and is still part of ongoing litigation. For the past two years the fire department has had only one full-sized operational pumper to respond to emergency calls.

The meeting will be held at 6 PM in the city hall courtroom. The public is invited to attend.

Alexander street repair plan moves forward with minimum votes needed

The Alexander City Council was able to approve amending an ordinance that was keeping the city from accepting $250,000 in state Street Aid funding. Six of the eight aldermen were needed to achieve the required two-thirds vote and six attended the special meeting held Tuesday evening, September 29. A new version of the resolution accepting the street repair plan was also passed to correct an error in the original resolution.

Absent from the meeting were Andrea Bearden and Jeff Watson. Present were Stephanie Beck, Lonny Chapman,, Dan Church, Louis Hobbs, Andy Mullins, and Melissa Ratliff. Mayor Paul Mitchell was also in attendance. All six aldermen voted “Yes” on each motion.

The purpose of the meeting was to suspend the required second and third readings of a proposed ordinance that will amend Ordinance 2008-02, passed June 16, 2008. The amending language adds Autumn Cove and the end of Magnolia Glen, located in Phase-7 of St. Joseph’s Glen, to the city street system without including any of the other streets in the subdivision.

The first reading of the ordinance was done during the council’s regular monthly meeting Monday, September 21. Only five aldermen were present at that meeting. By state law a two-thirds vote is needed to suspend the requirement that an ordinance be read three times at three different meetings; in this case six “Yes” votes.

The original 2008 ordinance was needed to establish the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." The ordinance was a legal requirement by the state in order to form an improvement district around the proposed Phase-7 of St. Joseph’s Glen prior to construction. The end of Magnolia Glen and all of Autumn Cove are in Phase-7. A separate improvement district was formed prior to the construction of phases one through six.

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, did state, "[T]he improvement district shall continue to exist for the purpose of preserving, maintaining and operating the improvement(s).” But, it also included language that would require the city, and other appropriate entities, to take over maintenance of all utilities in Phase-7 if the developers decided to “dissolve” the improvement district. According to minutes of the 2008 council meeting council members sent the ordinance to the city attorney for his opinion.

The attorney replaced the “dissolve” clause with, "The City of Alexander shall not have any obligation to assume the responsibilities for the continued existence, maintenance or control over the improvement(s)."

At the September 21 regular monthly meeting Mitchell said he and an AHTD engineer did a walk-through of Phase-7. According to the engineer Mitchell said the two streets were built with, “One inch of asphalt.”

The problem with including Autumn Cove and Magnolia Glen is a clause in the AHTD resolution which states, “The City agrees upon completion of the project to assume the maintenance of the right-of-way by City Forces.”

Knowing the city isn’t responsible for the streets in St. Joseph’s Glen Alderwoman Andrea Bearden wanted to know how Alexander can be forced to provide future maintenance to streets it doesn’t own. She E-mailed AHTD officials asking that very question. The bid letting was put on hold, missing the September deadline, until the issue can be resolved. The next deadline for submission of bids is October 1.

Besides Autumn Cove and that end of Magnolia Glen the other streets to be repaved are Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. In the original resolution, provided by AHTD, the distance of Brookwood Road to be repaved was more than originally requested. Because of that needed change the resolution had to be amended and approved again. Fortunately, resolutions only need to be read once at a public meeting and become effective immediately.

The next regular meeting of the Alexander City Council will be held Monday, October 19. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend.

Lack of quorum cancels Alexander special meeting, Second special meeting scheduled for Tuesday

CORRECTION: Day at end of article changed from Monday to Tuesday.
Since only three aldermen and the mayor were the only members of the Alexander City Council to attend the special meeting on Friday, September 25, it was canceled due to the lack of a quorum. Everyone waited the required 15-minutes after the meeting’s 6 PM starting time, according to council rules, before canceling the meeting.

Attending the meeting were alderwomen Stephanie Beck and Melissa Ratliff, Alderman Dan Church and Mayor Paul Mitchell. It takes five, which can include the mayor, in order to have a quorum.

The purpose of the meeting was to have a second reading of a proposed ordinance that will amend Ordinance 2008-02, passed June 16, 2008. The amending language adds Autumn Cove and the end of Magnolia Glen, located in Phase-7 of St. Joseph’s Glen, to the city street system without including any of the other streets in the subdivision.

If six aldermen had attended the meeting and all had voted “Yes” that would have met the two-thirds requirement to suspend the third reading of the ordinance. There would have then been a vote to approve the ordinance. By state law a two-thirds vote is needed to suspend the requirement that an ordinance be read three times at three different meetings; in this case six “Yes” votes.

The first reading of the ordinance was done during the council’s regular monthly meeting Monday evening, September 21.Only five aldermen were present.

The 2008 ordinance is keeping the city from including the two streets in a $250,000 street improvement program funded by the Arkansas Highway and Transportation Department (AHTD). Cities are being offered access to this program as part of a temporary gasoline tax extension passed by voters in November, 2011. Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads.

Besides Autumn Cove and that end of Magnolia Glen the other streets to be repaved are Brookwood Road from Don Parker to the railroad tracks, all of Cornerstone, Kelli Place, and a portion of 2^nd Street. In the original resolution, provided by AHTD, the distance of Brookwood Road to be repaved was more than originally requested. Because of that needed change the resolution must be approved again. Fortunately, resolutions only need to be read once at a public meeting and become effective immediately.

The streets to be repaved were not on the original list submitted to AHTD, including the two in St. Joseph’s Glen. In 2014 a committee was established to produce a list of streets to be repaved. The list was comprised mostly of streets used by school busses. Committee members knew the list was more than the allotted $250,000. They expected AHTD officials to make the final choice.

However, Mayor Michelle Hobbs, who was appointed mayor in December 2012, lost her election to current Mayor Paul Mitchell during the 2014 General Election. In December, as one of her last official acts as mayor, she submitted the current list to AHTD in place of the original.

The original 2008 ordinance was needed to establish the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." The ordinance was a legal requirement by the state in order to form an improvement district around the proposed Phase-7 of St. Joseph’s Glen prior to construction. The end of Magnolia Glen and all of Autumn Cove are in Phase-7. A separate improvement district was formed prior to the construction of phases one through six.

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, did state, "[T]he improvement district shall continue to exist for the purpose of preserving, maintaining and operating the improvement(s).” But, it also included language that would require the city, and other appropriate entities, to take over maintenance of all utilities in Phase-7 if the developers decided to “dissolve” the improvement district. According to minutes of the 2008 council meeting council members sent the ordinance to the city attorney for his opinion.

The attorney replaced the “dissolve” clause with, "The City of Alexander shall not have any obligation to assume the responsibilities for the continued existence, maintenance or control over the improvement(s)."

At the September 21 regular meeting Mitchell said he and an AHTD engineer did a walk-through of Phase-7. According to the engineer Mitchell said the two streets were built with, “One inch of asphalt.”

The problem with including Autumn Cove and Magnolia Glen is a clause in the resolution which 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.”

Knowing the city isn’t responsible for the streets in St. Joseph’s Glen Alderwoman Andrea Bearden has been asking how Alexander can be forced to provide future maintenance to streets it doesn’t own. After passage of the resolution, she E-mailed AHTD officials asking that very question. The bid letting was put on hold, missing the September deadline, until the issue can be resolved. The next deadline for submission of bids is October 1.

The special meeting of the Alexander City Council has been scheduled for Tuesday, September 29. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend. The only items on the agenda will be the ordinance and resolution.

Alexander Street ordinance three readings override fails, Special meeting scheduled for Friday

In a five to three vote, the Alexander City Council failed to suspend the requirement that an ordinance be read three times before a vote to amend an existing ordinance can be taken. The 2008 ordinance is keeping the city from repairing two streets in the St. Joseph’s Glen subdivision. By law a two-thirds vote is needed to suspend the requirement that an ordinance be read three times at three different meetings; in this case six “Yes” votes.

Since three of the aldermen were absent, which counted as three “No” votes, a second meeting has been scheduled by Mayor Paul Mitchell for Friday, September 25 with the expectation that more aldermen will be present. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend.

The proposed ordinance amends Ordinance 2008-02, passed June 16, 2008. The amending language adds Autumn Cove and the end of Magnolia Glen, located in Phase-7, to the city street system without including any of the other streets in St. Joseph’s Glen.

The original ordinance was needed to establish the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." The ordinance was a legal requirement by the state in order to form an improvement district around the proposed Phase-7 of St. Joseph’s Glen prior to construction. The end of Magnolia Glen and all of Autumn Cove are in Phase-7. A separate improvement district was formed prior to the construction of phases one through six.

Ordinance 2008-02 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 the ordinance states, "[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."

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.

During the discussion of the proposed ordinance that will amend Ordinance 2008-02, Mayor Paul Mitchell said he and an AHTD engineer did a walk-through of Phase-7. According to the engineer Mitchell said the two streets were built with, “One inch of asphalt.”

In a special meeting on August 21 a resolution agreeing to accept the use of up to $250,000 in state aid to repair six city streets was approved. The vote was four to four. City Recorder Sharron Bankhead, who conducted the meeting due to the absence of Mayor Mitchell, cast the deciding “Yes” vote.

The resolution was provided by AHTD 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.”

Knowing the city isn’t responsible for the streets in St. Joseph’s Glen Alderwoman Andrea Bearden has been asking how Alexander can be forced to provide future maintenance to streets it doesn’t own. After passage of the resolution, she E-mailed AHTD officials asking that very question. The bid letting was put on hold, missing the September deadline, until the issue can be resolved. An amended resolution was also on the September 21 agenda but was not discussed since a two-thirds vote could not be attained.

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. Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads.

Besides Autumn Cove and Magnolia Glen the other streets to be repaved are most of Brookwood Road, all of Cornerstone, Kelli Place, and a portion 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 also include the intersection and Magnolia Glen from the intersection east to the cul-de-sac.

Absent from the September 21 meeting were Andrea Bearden, Louis Hobbs and Jeff Watson. Being absent is counted as a “No” vote. Present at the meeting and voting “Yes” were Stephanie Beck, Andy Mullins, Dan Church, Melissa Ratliff, and Lonny Chapman.

Mitchell read the ordinance, which counted as its first public reading. He requested the motion and vote to suspend the second and third readings admitting it was only a “Formality.”

None of the streets being put out to bid were on the original list of streets submitted to AHTD, including the two in St. Joseph’s Glen. In 2014 a committee was established to produce a list of streets, which would be presented to AHTD officials. The list was comprised mostly of streets used by school busses. Committee members knew the list was more than the allotted $250,000. They expected AHTD to make the final choice.

The list was submitted prior to the November 2014 election. Mayor Michelle Hobbs, who was appointed mayor in December 2012, lost her election to current Mayor Paul Mitchell. In December she submitted the current list to AHTD.

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

The issue of the city not having legal control of any of the streets in St. Joseph’s Glen was discussed during a public hearing prior to the March 17 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.

In other business;

In another five to three vote, a motion to appoint Pat Marshall as city attorney failed. Currently Marshall is Alexander’s prosecuting attorney and would have continued in that capacity if the motion had passed. Former City Attorney Kevin Lemley has been hired by the Arkansas Attorney General’s office and can no-longer serve as city attorney. Marshall has been the city’s prosecuting attorney for several years.

Alderman Andy Mullins asked Marshall why she was “Fired” in 2009 by former Mayor Shirley Johnson. Marshall said she wasn’t fired and explained that the court system changed in 2009. There was a pilot program which experimented with having all cases tried in Bryant and using the Saline County Prosecutor’s Office to prosecute the cases instead of each city needing its own attorney. The program eventually ended and Marshall was rehired as Alexander’s prosecuting attorney.

Mullins and Aldermen Lonny Chapman voted against her appointment. With the other three aldermen absent, that made the five “No” votes. Voting “Yes” were Stephanie Beck, Dan Church and Melissa Ratliff.

After the third reading of an ordinance entitled “City of Alexander Solid Waste Assurances Ordinance,” it passed by a vote of five to three. The ordinance requires contractors, who are doing construction or renovation work within the city, to submit a waste disposal plan.

The next regular meeting of the Alexander City Council will be held Monday, October 19. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend.

City of Alexander monthly council meeting Monday

SEE CORRECTION BELOW

The regular monthly meeting of the Alexander City Council will be held this Monday, September 21. The meeting will be at 6 PM in the courtroom in city hall. The public is invited to attend.

The council will have the third 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 third reading, council members are expected to vote on the approval of the ordinance.

The first item under “New Business” on the agenda is the appointing of a city attorney. Alexander’s prosecuting attorney, Pat Marshall, is expected to be appointed city attorney. If appointed she will continue as prosecuting attorney. Former City Attorney Kevin Lemley has been hired by the Arkansas Attorney General’s office and can no-longer serve as city attorney. This item has already been tabled twice at two council meetings.

Two other items under “New Business” include an “Amended Ordinance for Street Repair, Resurfacing” and a “Resolution for State Aid City Street Program Project.” The “Resolution for State Aid” is expected to be an amended version of a resolution passed at a special meeting August 21. It’s unknown if the “Ordinance for Street Repair” has any connection to the resolution.

The resolution accepts a plan to use up to $250,000 of state funding to repair six city streets. Two of those streets are in St. Joseph’s Glen subdivision and are not maintained by the city. The $250,000 is a bonus Arkansas cities are being given as their share of the temporary fuel tax passed by voters a few years ago.

The resolution was provided by the Arkansas Highway and Transportation Department (AHTD) 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.” The amended version is expected to deal with the city maintaining two streets, which are connected to other streets not maintained by the city.

Bidding for the project was put on hold when Alderwoman Andrea Bearden sent an E-mail to AHTD questioning how the city can be forced to maintain streets it doesn’t own. She also asked how a resolution can supersede an ordinance which stipulates the developers will maintain the streets.

CORRECTION: The new last paragraph of this article corrects the previous version which stated Alderwoman Andrea Bearden had threatened to sue AHTD for being required to maintain the two streets in St. Joseph’s Glen after they are repaired. While Bearden had E-mailed AHTD officials the threat of a lawsuit was apparently only rumor. We apologize for the error.

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.