Alexander council members turn-down settlement offer with silence

Alexander city council members were presented a settlement offer of $150,000 over a civil rights case, which stems from a 2012 police shooting. Even though a ruling by a Federal district court judge released both the city and then Police Chief Horace Walters as participants in the case, Alexander is still responsible for ten-percent of any settlement or fine.

Little Rock Attorney Keith Wren recommended the city reject the offer. Wren was filling-in for Arkansas Municipal League Attorney John Wilkerson who was unable to attend the November 20 council meeting.

The shooting occurred Saturday, September 8, 2012. It was investigated by the Arkansas State Police.

According to the state police report former City of Alexander Police Officer Nancy Cummings encountered Carleton Wallace walking on Brookwood Road around 4:30 PM. 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. While attempting to arrest him and search him for weapons, Cummings says her service weapon she had been holding discharged. Wallace was transported to Saline Memorial Hospital where he was later pronounced dead. Soon after the incident Cummings resigned from the police department.

In January, 2013 Cummings was charged with manslaughter by Saline County Prosecuting Attorney Ken Casady. A jury trial was held in October in which she was found not guilty.

According to court documents Jacquelyn Wallace, Carleton Wallace’s mother, filed the civil rights lawsuit, “for the Estate of Carleton J. Wallace.” The lawsuit claims Cummings, “violated Wallace's Fourth and Fourteenth Amendment rights to be free from excessive force.”

After the recommendation to reject the offer Wren went on to explain that if a jury ruled in favor of Wallace the financial judgment could be more or less than the current offer. Alderwoman Juanita Wilson suggested the council wait to see, “If a lower amount can be negotiated.”

Alexander Mayor Paul Mitchell asked for a motion to accept the settlement offer. When no one on the council offered a motion Mitchell ruled the offer as being rejected.

Present at the meeting were council members Elizabeth Bland, Joy Gray, Joe Pollard, Harold Timmerman, Juanita Wilson. Absent were Dan Church, Melissa Ratliff and Jeffery Watson,

In a somewhat related matter, council members gave Mayor Mitchell approval to remove the memorial cross that was placed along Brookwood Road near the location where Carlton Wallace was shot. Mitchell said he has received numerous complaints about the cross.

Mitchell noted that the cross is on city right-of-way and if it was moved over it would be on Saline County Water and Sewer property. He then quoted Arkansas law § 14-301-101 - City council -- Powers and duties.

He said, “The city council shall: ‘Not may … shall, and we all know what shall means,’ (1) Have the care, supervision, and control of all the public highways, bridges, streets, alleys, public squares, and commons within the city; and (2) Cause those public highways, bridges, streets, alleys, public squares, and commons to be kept open and in repair, and free from nuisance.”

“I get enough complaints, it’s a nuisance,” he said.

In a unanimous voice vote council members gave Mitchell permission to remove the cross.

In other actions during the November 20 meeting:

In a voice vote council members gave preliminary approval of the vote count on the recent sales referendum, which passed 59 to 55. Mitchell said Saline County hasn’t finalized the results for the city to approve, but the state needs the city to accept the vote so the treasurer’s office can start it’s end of the process.

Mitchell explained the steps involved after a successful election. Under state law there is a 30-day waiting period after the election to allow anyone to contest the results. Once the vote count is accepted by the county and city, and no one contests the election, the state begins the process of notifying all businesses affected by the sales tax. Also, Mitchell noted that a new tax always starts at the beginning of a quarter so the additional one-cent sales and use tax probably won’t start until April 1.

With another voice vote council members approved allowing Pac-Van to expand onto two-acres of land behind the Citgo at the I-30 interchange. Pac-Van is currently at 100 Cornerstone Road in Alexander. Sales Representative Rick Brewer told Council members Pac-Van will also be moving its operation from Mabelvale to Alexander.

Mayor Mitchell reported that the state still has not transferred the Human Development property to the city. The council has already voted to accept the property, as required by the state. It’s now up to the state to decide if it wants to relinquish ownership.

The next regular meeting of the Alexander City Council is Monday, December 18. Meetings start at 6 PM and are held in the courtroom at the City of Alexander Municipal Complex. The public is invited to attend.

Santa coming to Alexander, December 16

Zoning and the Brookwood cross on Alexander agenda

Several items appear on the City of Alexander agenda for Monday night’s meeting. Listed under Guest Speakers is Rick Brewer; the topic “Zoning Issues.” Under New Business is, “Brookwood cross and future like issues.” The cross is a memorial, near the edge of Brookwood Road, marking the location where a former Alexander police officer shot and killed an individual carrying a weapon. A court trial ruled the shooting an accident.

Also listed under Guest Speakers is, “John Wilkerson, Arkansas Municipal League.” Other topics under New Business are, “Accept election results, Proclamation of tax Initiative (and) gazebo.”

The next regular meeting of the Alexander City Council is this Monday, November 20. Meetings start at 6 PM and are held in the courtroom at the City of Alexander City Hall on Highway 111, across from the post office. The public is invited to attend.

Alexander sales tax referendum: Final results

  Pulaski Cnty Saline Cnty     TOTAL

FOR 5 54                  59
AGAINST 4 51                  55

Alexander residents vote today on sales tax referendum

Today is the day Alexander city officials learn the fate of a proposed one-cent sales tax increase. The current city sales tax is two-cents, which was approved in two separate referendums in the early 2000s.

The existing two-cent sales tax is limited to use by the police, fire and parks and recreation departments as required in the referendums. The new one-cent tax will go into the general fund and can be used for any purpose in the city.

Voters in the Pulaski County portion of Alexander are voting at First Missionary Baptist, 10300 Mabelvale West, Little Rock. Alexander voters in Saline County are voting at the Pathfinder Human Resources Building 12B, Highway 111 South. The building is at the south end of the closed Human Development Center, near the end of Highway 111. The polls are open until 7:30 PM.

      Voters in the Saline County portion of Alexander are voting 
      at the Pathfinder Human Resources Building 12B. It’s the 
      second gray and white building from the parking lot.

“Vote Yes” signs can be 
seen throughout the city. 
This one is on the fence 
along the former Human 
Development Center on 
Highway 111.

                 Outside the Pathfinder Human Resources Building 
                 Alderman Dan Church, foreground, grills hot dogs 
                 for supporters of the one-cent sales tax.

The Alexandrian will post final results tonight.

Special Election for Alexander one-cent sales tax is Tuesday; where do you stand?

(EDITORIAL)

Tuesday, November 14, City of Alexander voters are being asked to decide the fate of a one-cent increase to the city’s sales tax. The current city sales tax is two-cents, which was approved in two separate referendums in the early 2000s.

The main argument being given for the increase is the limits that were placed on the current two-cent tax. The referendum for the first one-cent tax limited it to spending for the fire department. The second referendum required that tax to be divided with one-eight of a cent going to the fire department, two-eighths going to parks and recreation and five-eighths going to the police department. The increase being asked for now will go to the general fund, which will allow it to be spent for any city purpose.

Since those two elections the City of Alexander nearly tripled in size with the annexation of Woodland Hills in 2006. Unfortunately, Woodland Hills did not provide enough businesses collecting sales tax to offset the increase in population and territory. In other words, the needs of the city increased without a proportionate increase in sales tax revenue.

Since the annexation three businesses have moved into Alexander. The most visible is the Dollar General Store on Highway 111 next to the post office. The corner of First and Main streets, behind Hess, has had two businesses. The first was Royal Communications. Currently Haynes Equipment is occupying that spot.

Obviously those two additional businesses won’t make up for the additional needs of the city. And now we will have hundreds of homes in the new Meadow’s Edge subdivision, which needs police protection and the possibility of fire protection as well.

During recent city council meetings Mayor Paul Mitchell has given several reasons for the need of an additional one-cent sales tax. The one reason that will be constant is being able to use the general fund to help off-set revenue short-falls in the other funds, especially police and fire.

In 2016 one-cent of sales tax generated approximately $432,225. As a comparison, in 2016 revenue sources dedicated to the general fund generated around $300,000.

The one issue residents seem to agree is needed is an animal control department. That requires a trained professional staff to capture and care for the animals, vehicles, a building, and perhaps contracting with a veterinarian to provide medical services. All that requires a permanent funding source.

Another issue on the wish-list of residents is the cleaning of property that’s not being maintained by the owner, or that’s been abandoned. As Mayor Mitchell has explained, at more than one council meeting, going through the legal requirements, then cleaning the property and finally filing a lien on the property so the city gets repaid, “Requires money.”

There are other issues that require funding. One that’s mandatory is paying off a loan on the purchase and improvements to city hall. In 2005 the city took out two loans from the United States Department of Agriculture. The first loan was used to purchase what was the post office building and property for $364,000. The second loan of $56,000 funded improvements including the addition of the courtroom and a new roof. According to Mitchell the city has only made payments on the interest and nothing on the $420,000 principal. That is one financial issue he wants to dispose of as quickly as possible.

Mitchell says there are other uses for the additional sales tax; fixing the city’s flooding problem for one. Other items on his wish-list include sidewalks city-wide, street lights on all streets, repairing and repaving all streets, a back-up generator for city hall, and repairing the Central Firehouse on South Alexander Road for starters. The building needs a retention wall to stop dirt from eroding, which has been an on-going problem for years.

There has already been one comment made suggesting an alternative to a sales tax increase, revenue from building permits. This is not a good alternative. First off, building permit fees should be used to fund building inspections and other city planning spending. Second, building permit fees are not a constant reliable source of revenue, especially in the case of Alexander. Unlike other cities Alexander is land-locked and can only develop the remaining land inside the current city limits. No more annexations for Alexander. Eventually, the revenue from building permit fees will drop and then what do you do with the permanent service you’ve been funding?

Mitchell and the city council have already made-good on one promise. In September the council approved a reduction in the city property tax from five-mils to three-mils. The lower tax rate will affect your next tax bill. It’s Mitchell’s goal to eventually reduce Alexander’s property tax rate to 1.9-mills, the same as Bryant’s. Bryant also has a three-cent sales tax.

As Mayor Mitchell has said the sales tax will be paid for by anyone who spends money in Alexander, not just Alexander residents. The Citgo station at the I-30 interchange is in Alexander. Any gas or store items purchased by someone getting off the interstate will pay the city sales tax. Shannon Hills residents are now driving through Alexander past Hess, the Dollar General Store and Citgo. More sales tax potential there as well.

I’m voting for the sales tax increase. What are you going to do? Leave your comments below.

The Special Election is this Tuesday, November 14 from 7:30 AM to 7:30 PM. Voters in the Pulaski County portion of Alexander will vote at First Missionary Baptist, 10300 Mabelvale West, Little Rock. Alexander voters in Saline County will cast their ballots at the Pathfinder Human Resources Building 12B, Highway 111 South. The building is at the south end of the closed Human Development Center, near the end of Highway 111.

Early voting on sales tax referendum begins Tuesday, Nov. 7

(Amended to provide additional information.)

Early voting on the Special Referendum in the City of Alexander begins Tuesday, November 7. The referendum is being held to ask voters for a one-cent increase in the city sales tax, which can be used for general purposes throughout the city. The current two-cent sales tax, approved by voters in the early 2000s, is limited to funding the police, fire and parks departments.

Registered voters in the Pulaski County portion of Alexander may vote early at the Pulaski County Regional Bldg, 501 W. Markham St., Little Rock from Tuesday, November 7 to Monday, November 13; 8:00 AM to 5:00 PM on weekdays. The office will be closed Saturday and Sunday.

Two locations outside Little Rock are also being provided for voters living in the Pulaski County portion of the city; one at the Jack Evans Senior Citizen Center, 2301 Thornhill Dr., Sherwood and the Jacksonville Community Center, 5 Municipal Dr., Jacksonville. They will be open 10:00 AM to 5:00 PM from Tuesday, November 7 to Thursday, November 9.

Registered voters living in the Saline County portion of Alexander may vote early at the “Vote Here” Center, 221 North Main in Benton, 8:30 AM to 4:30 PM on the following dates: Tuesday, Nov 7 to Thursday, Nov 9 and Monday, Nov 13. The “Vote Here” Center will be closed Friday, Nov 10 for the Veterans’ Day Holiday, which is on Saturday.

Election Day is Tuesday, November 14. Polls will be open from 7:30AM to 7:30PM. Voters living in the Pulaski County portion of Alexander will vote at First Missionary Baptist, 10300 Mabelvale West, Little Rock. Alexander voters living in the Saline County portion of the city will cast their ballots at the Pathfinder Human Resources Building 12B, Highway 111 South. The building is at the south end of the closed Human Development Center, near the end of Highway 111.