Alexander Council approves $2 million plus budget for 2021

If estimates hold true, the City of Alexander is expected to bring in over $2 million in total revenue during 2021 from a variety of sources. While most of the revenue for the general fund is from sales taxes other sources include personal and real estate property taxes, franchise fees, permits, privilege licenses (business licenses), and a share of the state’s sales tax and fuel tax.

The total estimate of revenue for the General fund in 2021 is $2,058,483.00. The year 2020 is expected to close out with approximately $1,972,283.00. The original estimate for the General fund in the 2020 budget was $1,840,131.77.

Total expenses for the General Fund in 2021 are estimated at $1,616,628.00. The General Fund this year is expected to close out with expenses of $1,648,421.00. That would leave a surplus of around $323,862.00 to carry over into 2021.

For the most part, revenue for the various departments goes into the General Fund first and then is distributed to the other funds. The police, fire and parks and recreation departments are funded by two one-cent sales taxes, which were designated for those three departments when voters approved the taxes. The tax revenue is deposited into the General Fund by the state and then is redistributed to the funding accounts for those departments.

The city’s share of the state fuel tax, however, is deposited directly into the street fund by the state. The 2021 budget estimates that amount at $317,599.00. That would bring total revenue for the city at $2,376,082.00.

The 2021 budget for the police department estimates revenue at $552,226.00. Expenses are estimated at $548,144.00. The 2020 budget is expected to closeout at around $587,534.00 in revenue and total expenses of $579,339.00 leaving $8,195.00 to carry over into 2021.

Revenue for the fire department in 2021 is estimated at $606,076.00 while spending is expected to be around $588,027.00. By the end of 2020 total revenue is estimated at $688,522.00 and expenses are estimated at $607,245.00 leaving $81,277.00 to carry over into 2021.

In 2021 revenue for the street department is expected to be around $317,599.00 while expenses are expected to come in at $172,612.99. This year’s total revenue is estimated at $345,242.84 with expenses estimated at $325,944.00 leaving $19,298.84 to carry over into 2021.

The estimated revenue for the 2021 parks and recreation budget is $134,301.00 with expenses at $126,112.00. By the end of 2020 revenue is estimated to be $303,778.91 and expenses are set at $122,631.01 leaving $181,147.90 to carry over into 2021.

In 2021, payroll for all departments, city hall employees and elected officials is estimated at $1,326,657.74. By the end of 2020 that number is expected to be $1,241,759.63.

The revenue estimates stated for 2021 do not include any unspent revenue carried over from 2020 to 2021.

Also at the December 21 meeting;

Police Chief Robert Burnett presented city council members with an end-of-the-year police report. Besides providing a detailed list of the various types of crimes and number of occurrences for each, the report also lists the highlights and achievements for the year 2020. They are;

• “Over 128 closed cases to include 481 felony charges and countless misdemeanors with nine outstanding warrants for arrests on suspects,”

• “Set up and switched to electronic evidence processing system,”

• “One 18-month multi-agency investigation through CI (Confidential Informant) cooperation along with the DEA (Drug Enforcement Agency) and US Marshals to take down three large drug dealers in the city. This resulted in one federal indictment and returned to prison, approximately 20 felony charges and approximately $34,000 in seized currency.”

• “One asset forfeiture following a felony traffic stop resulting in the seizure of one Cadillac ATS, one Smith and Wesson Shield 45 and approximately $3,800 in seized currency.”

• “Recovered over $15,000 in stolen property along with recovered firearms and vehicles.”

• “Received approximately $187,500 in grant funding for payroll/overtime, new in-car computers and and system to switch to E-ticketing, PBTs (Preliminary Breath Test), radar recertifications, dash cameras and overtime to work the AR State Mini-Steps (DWI, Seat Belt, Speeding and Distracted Driving). Also received $25,000 in anonymous donation for upgraded equipment.”

Council members approved a resolution entitled “RESOLUTION TO ADOPT THE ALEXANDER POLICE DEPARTMENT’S RESPONSE TO RESISTANCE POLICY.” Police Chief Robert Burnett explained to council members the new policy covers the use of “choke holds” and “lethal force.” He said the policy is needed to meet Federal standards in order to continue to receive Federal police department grants.

Mayor Paul Mitchell reported on two incidents of vandalism at the long metal building (AKA the community center) located on the former Human Development Center property along Highway 111. Mitchell said both incidents occurred after the building was used to vote on election day, November 3. Damage included broken windows, lights, water over flowing and fire extinguishers sprayed inside the building. Because fire extinguishers use C02, which is caustic and can damage electrical fixtures and wiring, Mitchell said he hired ServPro to clean the building. The cost of cleaning was around $7,800.00, which is over the $5,000.00 limit the mayor is allowed to spend without council approval. Council members gave retroactive approval for the spending.

Legally the building is part of the lease with Pathfinders, Inc., which is responsible for maintenance. Mitchell said he will send them a bill for the cleaning and repairs. Whether they will pay is another issue. The lease was in effect when the State of Arkansas deeded the property to the City of Alexander and expires in August.

Most of the damage occurred during the first break in. An individual was caught during the second incident. His finger prints are being compared with prints taken after the first break in to see if they match.

Mayor Mitchell announced the city has received funding from the CARES Act. Passed by Congress in March 2020 this legislation was aimed at providing financial relief for individuals, businesses, state, and local governments that have been negatively impacted by the corona virus.

Mitchell said department heads were “kept at home” and only used “to pull back in” if they were needed. He noted that Alexander has been able to keep the various departments staffed.

The city received $114,931.18 in CARES Act funding. Mitchell explained how originally the requirements to qualify for the funding were so stringent Alexander didn’t have the staff to put in the effort needed to qualify. Because the state had to have the money spent by December 31, the requirements were loosened enough to allow smaller governmental bodies to qualify.

“It was still a lot of work though,” he said.

At the suggestion of the mayor the city council voted to leave the CARES Act money in the General Fund.

City Attorney Victoria Leigh reported on the progress concerning property, which is occupied by the eastern portion of the city park. That area of the park, containing the gazebo, fountain and most of the parking lot, is now being claimed by the property’s owner; David W. Jacks. City officials thought the property had been donated to the city prior to the current administration.

Leigh told council members the city provided Jacks’s attorney with requested documentation showing the cost of the improvements. She said the main legal defense for the city is the fact that Jacks never questioned why the city was building on his property.

Council member Dan Church asked about using eminent domain. Leigh said the fact he never questioned the improvements is a better legal defense.

As an explanation she said, “If you look out your window and someone is building in your yard and it’s ABC Landscaping, and you know you didn’t hire ABC Landscaping to come in your yard, the law provides that obligation for you to go out there and say ‘hey, Mr. ABC I didn’t hire you I think you’re at the wrong house. You need to go to the neighbor’s house.’”

She told council members the city has three options. One; the city could allow Jacks to keep his property as-is and forfeit the cost of the improvements. Two; the city could file a lawsuit against Jacks for the cost of improvements, since he never objected to the improvements being made. Or three; the city can offer to buy the property based on its fair market value without the improvements.

Leigh said the fair market value of similar properties of size, type and located in a flood plain in the area are selling between $5,600.00 to $6,200.00. She said an offer of $7,000.00 to buy the property has been made to Jacks, but there has not been a response as yet. Leigh noted it is the holiday season, which may be responsible for the slow response.

The next regular meeting of the Alexander City Council is Monday, January 25 at 6:00 PM in the courtroom at city hall. The public is invited to attend.

Circle K construction progressing

Construction on the Circle K convenience store and gas station began earlier this year and is progressing. Located at the intersection of Highway 5 and Alexander Road in the City of Alexander, the building’s four walls and supports for the fuel island cover are visible in the photo.

Four New Business items on Alexander agenda

The City of Alexander has four items listed under New Business on its next meeting agenda. They are the 2021 Budget, EFT Payments for Fuelman, CARES Act Grant, and the invoice from ServPro for repairs made to the Community Center’s heating and cooling system. The repairs were made in order for the center to be used during the November election.

The next meeting of the Alexander City council is Monday, December 21, 6:00 PM, in the courtroom at city hall. The public is invited to attend. All Covid-19 restrictions are in force.

Drive merry, bright and sober this Holiday Season: Drive sober or get pulled over

From the Arkansas State Police

December 14, 2020

Law enforcement agencies across Arkansas and the nation are prepared to launch a two-week long intensified enforcement plan aimed at drivers who choose to drive impaired. In advance of the holiday travel period state troopers, local police, and sheriff’s deputies want to remind drivers of their stepped-up patrols along U.S. and state highways, as well as local streets and county roads.

Beginning this Friday (December 18th) and continuing through January 1, 2021, motorists will witness an increased presence of state and local law enforcement whether they’re traveling across the state or across the country.

The national Drive Sober or Get Pulled Over operation incorporates public service advertising and messaging coupled with assurances from law enforcement officers of zero tolerance for drunk driving. Drive Sober or Get Pulled Over is intended to drastically reduce drunk driving on our nation’s roadways.

A look back at national fatality statistics sadly tells the story of tragic consequences from 2018 when one person every 50 minutes lost their life as the result of a drunk-driving motor vehicle crash. Reports from the National Highway Traffic Safety Administration (NHTSA) show that on average more than 10,000 people were killed each year from 2014 through 2018 as the result of drunk driving related crashes.

“The Christmas and New Year’s holiday period should be an enjoyable time for our Arkansas families, not a marker of death for a loved one who was involved in a drunk driving crash,” said Colonel Bill Bryant, Director of the Arkansas State Police and the Governor’s Highway Safety Representative.

“We need a commitment from everyone that they’ll drive sober so that everyone can have a safe holiday. This is a campaign to get the message out that drunk driving is illegal and it claims far too many lives,” Colonel Bryant stated.

The Arkansas Highway Safety Office and NHTSA wants to remind everyone of the many resources available and the precautions to take, ensuring that everyone gets home safely.

• Remember that it is never okay to drink and drive. Even if you’ve had only one alcoholic beverage, designate a sober driver or plan to use public transportation or a ride service to get home safely.

• If you see an impaired driver on the road, contact the nearest law enforcement agency. Your actions could help save someone’s life.

• Guard against allowing a friend who has been drinking to drive. Take the keys away and make arrangements to get your friend home safely.

“Drunk driving is not acceptable behavior,” said Colonel Bill Bryant. “It is essential to plan a sober ride home before you ever leave for your destination. That’s why, during the holiday season, we will make zero exceptions and arrest all drunk drivers. There are no excuses,” he said.

For more information about the 2020 Holiday Season Drive Sober or Get Pulled Over campaign, visit www.nhtsa.gov/risky-driving/drunk-driving or call the Arkansas Highway Safety Office at (501) 618-8136. For more on Arkansas’ ongoing Toward Zero Deaths campaign to eliminate preventable traffic fatalities, visit www.TZDArkansas.org

Quick meeting expected for Alexander Planning Commission

It shouldn’t take long for the Alexander Planning Commission to conduct its next meeting. The only item under “New Business” is the scheduling of the commission’s annual administrative meeting.

The administrative meeting must be held near the end of the year after the regular December meeting. The purpose of the meeting is to approve the by-laws and elect officers for the following year.

December’s meeting will be held Tuesday, December 8, at 6:30 PM in the courtroom at city hall. Corona virus distancing rules will apply. The public is invited to attend.

Lack of quorum cancels Alexander monthly meeting

The Alexander City Council’s November 16 meeting had to be canceled when only three of the eight council members were able to attend. It takes five members for a quorum. Present were council members Joe Pollard, Juanita Wilson and Harold Timmerman.

If a fourth council member had been present the mayor can legally serve as the fifth member, establishing the quorum. Due to illness, however, Mayor Paul Mitchell was also absent.

City Recorder Sharon Bankhead was present to serve as acting-mayor, as allowed under state law. If a fourth council member had been present she would have served as the needed fifth member.

As required under city council rules everyone waited 15 minutes to assure no one else would be attending the meeting. When the 15 minutes had passed Bankhead declared the meeting canceled due to the lack of a quorum.

Since there was no business listed on the agenda it is unlikely there will be a special meeting scheduled unless something occurs that can’t wait for the regular December meeting. That meeting is scheduled for Monday, December 21. Meetings are held at 6:00 PM in the courtroom at city hall.

Zero scheduled business on Alexander agenda

Aside from approving the minutes of the October meeting, there are no items listed on the agenda for this coming Monday night’s Alexander council meeting. Of course, that doesn’t mean there won’t be a last-minute item for discussion.

The Monday, November 16 meeting of the Alexander City Council will be held at 6:00 PM in the courtroom at city hall. The public is invited to attend. Social distancing and mask requirements are still in place.

Alexander voters in Saline County will vote in new location

Anyone living in Saline County, who will be voting in-person on November 3, and normally votes in the City of Alexander, will be casting their ballots in a new location. The polling place is still on the property of the former Alexander Human Development Center (HDC), just in a different building.

During the past few elections Saline County has been using one of the offices of Pathfinders, Inc. as a polling location. Pathfinders is at the southeast corner of the HDC property along Highway 111.

On November 3 voters will be directed by signs to a long metal building north of Pathfinders on the HDC property. Parking is available in front of the building. (See map.)

City of Alexander residents who live in Pulaski County will continue to vote at the First Missionary Baptist Church, 10300 Mabelvale West Rd. in Mabelvale. Polls are open from 7:30 AM to 7:30 PM.

Alexander council approves storm water ordinance and new police policies

 The Alexander City Council approved an ordinance establishing regulations controlling the discharging of storm water into the city’s storm water system. Another vote taken at the October 19 meeting established new policies and procedures for the police department.

The stated purpose of the “Stormwater Discharge Regulations” ordinance is, “To maintain and improve the quality of surface water and groundwater; To prevent the discharge of contaminated storm water runoff from industrial, commercial, residential, and construction sites …; To promote public awareness of the hazards involved in the improper discharge of hazardous substances …; To encourage recycling of used motor oil and safe disposal of other hazardous consumer products; To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction sites …; (and) To enable the City of Alexander, Arkansas to comply with all federal and state laws and regulations applicable to storm water discharges.”

Mayor Paul Mitchell said Street and Parks Department Superintendent David Durham is certified to enforce the regulations. Mitchell reminded council members the Arkansas Division of Environmental Quality has been pushing Alexander to adopt these regulations for quite some time.

Council members also approved a resolution establishing a new police policies and procedures manual. This has also been in the works for awhile.

Mitchell noted the police department will now have policies and procedures that meet legal standards and that can be used to determine if any officer has violated established procedures. He said it will not only be of help when applying disciplinary actions, but in case a lawsuit is filed the city will have established policies to prove whether or not an officer was following protocol.

Other issues discussed at the October 19 council meeting;

Prior to the council voting on the storm water regulations ordinance and police policies resolution, Planning Commission Chairman Michael Huck gave his monthly report. The first item was a recommendation by the planning commission concerning the “Stormwater Discharge Regulations” ordinance.

Huck noted since some of the regulations are “retroactive” the commission approved two recommendations. The first is that the, “[O]rdinance be sent to all businesses and ongoing development projects within the city.” Also, “[A] copy of the ‘Stormwater Discharge Regulations’ be provided to all developers submitting a proposal to develop property.” A signed copy of the recommendation was provided to council members.

Prior to taking the vote on the storm water regulations, Mayor Mitchell said he had also thought about providing copies of the regulations to anyone applying for a, “permit, or when they come to the planning commission, give them a copy at that time.”

Huck also reported to the council on the commission’s meeting with representatives from Metroplan. The planning commission is beginning the process of developing a comprehensive plan that will guide future commercial and residential growth within the city. The first step is for Metroplan to write a “Planning Development Report.” The request for that report must come from the mayor, which Mitchell said he had already accomplished.

The report will essentially list what services are currently available in Alexander and who controls them; electricity, telephone, water, sewer, cable tv, etc.. Huck noted because the city is in two counties some of those services will be provided by two separate entities.

Huck noted some time after the report is completed the planning commission will be scheduling public hearings to hear from residents as to what direction they think the city should move when it comes to attracting future development. Huck said the Metroplan representatives did say the city may have to make some changes to the zoning ordinance passed in 2019 in order to fulfill the goals of the comprehensive plan.

The mystery of a restaurant wanting to do business in Alexander has been solved. According to a phone call Huck received about two weeks before the October 13 planning commission meeting, unnamed individuals would like to place a restaurant on property near the intersection of Highway 111 and the on/off ramp to eastbound I-30. The restaurant will include a bar and private club.

Based on his phone conversation Huck said the restaurant and bar would be open to the public when the private club is closed. When the club is open to members the restaurant and bar would be closed to the general public. The purpose of the private club, among other things, will be to provide entertainment, “just shy of illegal” Huck said tongue-in-cheek.

Huck said the individual he spoke to, “wanted to find out if this would be approved before going through the hassle of drawing up plans.”

Huck explained to both the individual on the phone and council members that “Restaurant” is the only use, of the three, mentioned in the zoning regulations. Since “Bar” and “Private Club” are not listed as a legal use for any zoning category they will have to apply for a “Special Use Permit.” Actually, under current zoning it is referred to as a “Conditional Use Permit.”

Huck gave his E-mail address to the individual on the phone to pass on to someone who can answer his questions more completely. He also told the individual the date and time of the next planning meeting. He didn’t receive an E-mail but placed the topic on the agenda in case someone attended the meeting.

Huck told council members the only attendees at the commission meeting who wanted to discuss the restaurant were two property owners. “They are against it,” Huck said.

Huck emphasized there has been “no official request” to begin an approval process for this restaurant/bar/private club.

Council members were provided a status report concerning property, which is occupied by the eastern portion of the city park. That area of the park, containing the gazebo and a portion of the parking lot, is now being claimed by the property’s owner; David W. Jacks. City officials thought the property had been donated to the city prior to the current administration.

City attorney Victoria Leigh was at the council meeting and said they have been providing receipts, invoices and other information concerning the improvements made to the park in that area. She said Jacks’s attorney submitted Freedom of Information requests for those items.

“We’ll be able to get it worked out,” Leigh said.

The next meeting of the Alexander City Council is Monday, November 16 at 6:00 PM in the courtroom at city hall. The public is invited to attend.

Meadow’s Edge being used as a shortcut, city traffic increasing

Dr. Jesse Hargrove, president of the Meadow’s Edge Home Owners Association, spoke to the Alexander Planning Commission at its October 13 meeting. His comments were all traffic and growth related.

At the top of his list was the amount of traffic using Meadow’s Edge as a shortcut between Brookwood Road and Highway 111/South Alexander Road. Besides the extra traffic not related to people who live in Meadow’s Edge, speed is also an issue. Vehicles are traveling to fast for an area with children and asked about posting speed limit signs and police enforcing speed limits.

Besides the additional 300 plus homes added to the city by the Meadow’s Edge development, Hargrove pointed to growth outside the city that’s adding traffic on Highway 111. Additional homes are being built in the southern end of Shannon Hills. Highway 111 is this area’s main access to I-30.

Unfortunately, as commission members explained, some of these problems can’t be dealt with by the city; at least for now. In the case of speeding; that problem won’t be solved until Meadow’s Edge is completed and the city accepts responsibility for the streets. Currently the streets belong to the developer and they won’t be turned over to the city until Meadow’s Edge is completed and the streets meet city standards. Once that happens street maintenance and traffic control will be under city jurisdiction.

As for Meadow’s Edge being used as a shortcut, Hargrove was told the city does plan to extend Brookwood Road through what is now the former Human Development Center and connect it to Highway 111. But that won’t happen until a developer can be found willing to build the road extension in exchange for being given the property. A mostly commercial development is planned for that area.

In the case of improvements to Highway 111 and South Alexander Road, such as widening, that will fall to the state and Saline County. The Arkansas Department of Transportation is responsible for everything related to the highway, which runs from I-30 to the southern most end of the Human Development property. At that point it becomes South Alexander Road, which is maintained by the county. Whether these roads will be improved will depend on criteria established by the two government entities.

Wrapping up old business on Alexander agenda

 The Alexander City Council is expected to follow through on two items discussed during last month’s September 21 meeting. One is an ordinance controlling the discharge of storm water within the city and the other is a revised Alexander Police Department personnel manual.

An “Update” concerning the status of a dispute over property occupied by a portion of the city park is also on the agenda. The eastern end of the park, containing the gazebo and parking lot, is now being claimed by the property’s owner. City officials thought the property had been donated to the city.

The Monday, October 19 meeting of the Alexander City Council will be held at 6:00 PM in the courtroom at city hall. The public is invited to attend. Social distancing and mask requirements are still in place.

Alexander Planning Commission hears from experts on planning the city's future

The Alexander Planning Commission met with two representatives from Metroplan to discuss the writing of a comprehensive development plan for the city. Hans Haustein, GIS (Geographic Information System) Planner and Performance Measure Coordinator; along with Bernadette Gunn Rhodes, Community Planner, explained the process city officials will go through to write a comprehensive plan.

The first step is for Metroplan to write a Planning Development Report. Haustein said the report will essentially list what services are currently available in Alexander and who controls them; electricity, telephone, water, sewer, cable tv, etc.. But, before that can begin an official request must come from Mayor Paul Mitchell. Since the meeting Planning Commission Chairman Michael Huck has informed Mitchell of this requirement.

Once that is completed the planning commission will be scheduling public hearings to hear from residents as to what direction they think the city should move when it comes to attracting future development. Alexander is in a situation in which there are only a handful of acres, outside the current city boundaries, the city could annex. Haustein and Rhodes were told most of the new development will occur in undeveloped areas already in the city. Alexander is surrounded by Little Rock, Bryant and Shannon Hills.

After receiving input from residents, the city will be able to write a comprehensive development plan that can be used by both current and future city officials. The plan will also include a transportation map showing future needs for street improvements, new streets and other amenities such as sidewalks and trails.

As stated on its website Metroplan’s primary function “is to work with local governments, the state department of transportation, and local transit providers to determine transportation needs and funding priorities for federal transportation investments.” Metroplan is mostly known for its involvement in large projects such as the current widening of I-30 crossing the Arkansas River in downtown Little Rock.

The website also notes that, “Metroplan also provides general planning, mapping, and technical assistance to local governments.” Alexander pays an annual fee to be a member of Metroplan, allowing the city to take advantage of its services.

Another item on the October 13 agenda involved a query concerning the placement of a restaurant, with a bar and private club, at the interstate ramp near the Citgo gas station. Chairman Huck explained he had received a phone call from Jeff Fuller asking about the feasibility of placing this type of establishment in Alexander.

Based on his conversation with Fuller, Huck said the restaurant and bar would be open to the general public but the club would be available for members only. As it was explained to Huck, the purpose of the club is to provide entertainment involving women dancing, but no nudity.

“It sounds like burlesque to me,” Huck said.

Huck went on to explain that the zoning ordinance covers restaurants but doesn’t say anything about bars or private clubs. He said he told Fuller they would have to apply for a Special Use Permit.

Huck said he told Fuller about the October meeting. Fuller said someone else would contact him, but since no one did he placed it on the agenda in case anyone attended the meeting to discuss the plan.

The description of the private club didn’t go over well with commission member Juanita Wilson, stating a definite, “No” at the idea. Commission members Tonya Prowse and Stephanie Beck agreed with Wilson.

Attending the meeting were Walter Burgess, owner of Power Technology, and Julie Fant, property owner of the warehouse area north of Cornerstone Road. Power Technology and the warehouses would be next to the restaurant location. Both Burgess and Fant expressed concerns about the proposed restaurant.

Burgess is concerned about an increase in crime quoting one statistic, involving a similar type of business, which showed a 60-percent increase in crime. When the private club closed, “Crime dropped 60-percent,” he said.

Fant expressed her concerns about what it would do for traffic at the end of the highway ramp and the moral implications. She asked if Alexander wanted to be known for having that type of business in the city.

“Where is our moral compass,” she asked.

She also noted that certain types of businesses have an “expected behavior” from its customers. The “expected behavior” from members of this type of private club is not something Alexander should want she said.

Planning commission to discuss master plan procedures

The Alexander Planning Commission will begin the process of developing a master plan for the city during its Tuesday, October 13 regular meeting. The commission has invited representatives from Metroplan to explain the process and aid in developing the plan.

A master plan lays out development goals for a city based on public input. The goals can include designating areas for either commercial or residential development and potential street development or improvements.

According to its website Metroplan’s primary function, “is to work with local governments, the state department of transportation, and local transit providers to determine transportation needs and funding priorities for federal transportation investments. Metroplan also provides general planning, mapping, and technical assistance to local governments."

Tuesday’s meeting is at 6:30 PM in the courtroom at city hall. Corona virus distancing rules will apply. The public is invited to attend.

Alexander mayor hires new city attorney/prosecutor

Alexander Mayor Paul Mitchell announced the hiring of Victoria Leigh as city attorney and prosecutor at the city’s September council meeting. She replaces Pat Marshall who also served in both roles.

Mitchell explained to council members the change was needed due to complaints from the police chief about Marshall not wanting to prosecute traffic offenses and other violations. With no one going to trial there are no fines, which reduces revenue to the police department’s budget. Mitchell said tickets aren’t written to generate revenue, but if no one is prosecuted there’s no deterrent.

According to her website Leigh is founder of Lion Legal Services, located in North Little Rock. She lists as her legal specialties, “certified mediator ... a great trial lawyer … (and) I handle many real estate, business, contract, and other civil transactions and litigation.” Mitchell said he has already given her the assignment to work on a property dispute concerning the city park.

Mitchell said she will also attend council meetings, which the previous city attorney did not, and she has other attorneys on staff if needed. Marshall worked alone.

She will begin October 1 and council members will meet her at the October meeting.

The mayor said all of the additional benefits are worth the added cost of using Leigh as the city attorney and prosecutor. Marshall was being paid $750 per month while Leigh will receive $1,500.

Other actions taken during the September 21 meeting;

Council members approved an ordinance establishing criteria for the placement of used manufactured homes in the city. The new ordinance replaces an existing ordinance, which covered all factory-built homes. The new zoning ordinance approved in 2019 made some sections of the ordinance redundant and were removed. The fee section was also removed because a new building permit ordinance, approved this summer, included those fees. The only item remaining is the criteria for placing used manufactured homes in the city and the required inspection process.

Council members were given a copy of a proposed ordinance establishing “Storm Water Discharge Regulations” to review before the October meeting. Mayor Mitchell said there has been a push by the Arkansas Division of Environmental Quality to get regulations adopted.

The stated purpose of the regulations are, “To maintain and improve the quality of surface water and groundwater; To prevent the discharge of contaminated storm water runoff from industrial, commercial, residential, and construction sites …; To promote public awareness of the hazards involved in the improper discharge of hazardous substances …; To encourage recycling of used motor oil and safe disposal of other hazardous consumer products; To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction sites …; (and) To enable the City of Alexander, Arkansas to comply with all federal and state laws and regulations applicable to storm water discharges.” Mitchell said the Street and Parks Department Superintendent David Durham is certified to enforce the regulations.

Mitchell reported on a plan by Saline County to form a county-wide animal control department. Details are sketchy, but based on a conversation Mitchell had with someone from Bryant the plan would have cities pay an annual fee to join the county animal control system. It’s unclear how cities like Benton and Bryant, which have animal control departments, will be woven into the county-wide system.

Police Chief Robert Burnett presented copies of a new police policies and procedures manual to council members for review. Burnett said the new policies have been approved by the state.

Burnett announced the hiring of two new officers to cover night patrols. He also suggested the hiring of a second detective will be needed due to the increase in population and the close proximity to Little Rock.

City council members approved Burnett’s request to sell the two oldest police vehicles in the fleet, pay off an existing loan for the two newest vehicles early and take out a loan to buy two new vehicles for approximately $83,000; for both vehicles. Mitchell said, unlike in the past, his goal has been to rotate out police vehicles before they lose all their value and while they still run.

The annual fall festival has been canceled. The mayor announced the cancellation due to issues surrounding CoVid-19.

Construction of the Circle K at Alexander Road and Highway 5 should begin soon. Mitchell said legal issues concerning using an existing sewer line belonging to Knollwood Mobile Home Park have been resolved.

The next meeting of the Alexander City Council is Monday, October 19 at 6:00 PM in the courtroom at city hall. The public is invited to attend.

Alexander council meeting Monday, September 21

The Alexander City Council is expected to vote on an ordinance establishing criteria for the placement of used manufactured homes in the city. The ordinance is on the agenda for the Monday, September 21 meeting and will replace an existing ordinance, with some improvements.

Also on the agenda, there is one item listed under “New Business,” “Storm Water Discharge Regulations.” Under the “Announcements” section items included are, “Animal Shelter” and “Update on Circle K.” The construction of a Circle K, at the corner of Highway 5 and Alexander Road has been in the works since early this year. The one main issue has been access to a sewer line.

The September 21 meeting of the Alexander City Council will be held at 6:00 PM in the courtroom at city hall. The public is invited to attend. Social distancing and mask requirements are still in place.

Planning commission special meeting this Tuesday

The Alexander Planning Commission will hold a Special Meeting Tuesday, September 8 at 6:30 PM in the courtroom at city hall. The main item on the agenda is the discussion and voting on a recommendation to the city council whether to approve an ordinance controlling the placement of new and used manufactured homes within the city. This new ordinance is similar to an existing ordinance but includes updates based on the zoning ordinance passed in 2019.

Corona virus distancing rules will apply. The public is invited to attend.

Flag Retirement Ceremony September 12

Alexander American Legion Post 28 will conduct a Flag Retirement Ceremony on Saturday, September 12 at 7 PM in the City of Alexander Park. The Post will be aided by East End Boy Scout Troop 108.

If anyone has an American flag, that is in no condition to be flown, you may contact Harold Timmerman at (501) 813-4694. He will provide additional information concerning the inclusion of your flag in the ceremony.

The park is located along the west side of Highway 111 (Alexander Road) across from Dollar General.

Hamburgers and hot dogs will be available for donations.

No opposition in Alexander November elections

Ten incumbents holding positions in the City of Alexander are unopposed in the upcoming November 3 elections. This year the eight council members, the city recorder and city treasurer positions were available for this election cycle.

Current members of the city council are Joe Pollard (Ward-1: Pos-1), Elizabeth Bland (Ward-1: Pos-2), Joy Gray (Ward-2: Pos-1), Juanita Wilson (Ward-2: Pos-2), Harold Timmerman (Ward-3: Pos-1), Dan Church (Ward-3: Pos-2), Lonny Chapman (Ward-4: Pos-1), and Jeffery Watson (Ward-4: Pos-2). The City Recorder is Sharon Bankhead. JoAn Churchill is currently serving as interim treasurer and submitted a petition to be placed on the ballot. These positions will be listed in the “Unopposed” category on the ballot.

During the council’s August 17 meeting Mayor Paul Mitchell congratulated everyone for being unopposed. He contributed the lack of opposition to Alexander citizens being satisfied with the city’s progress during the past few years.

Council members serve two-year terms while the city recorder and city treasurer serve four-year terms. In 2022 the council positions and the mayors seat will be on the ballot. The mayor serves a four-year term.

Alexander property tax rate remains at 1.5-mills

For the third year in a row the Alexander City Council has approved a tax rate of 1.5-mills (0.15-cents) on real and personal property. The tax rate will be levied for the 2020 tax year to be collected in 2021.

In 2017 council members agreed to lower the tax rate from its normal 5-mils to 3-mills in anticipation of the passage of a one-cent sales tax in a November 2017 special election. Lowering the property tax rate was a promise made to voters in exchange for passage of the one-cent sales tax increase. Passage of the one-cent sales tax allowed the council to reduce the property tax rate to 1.5-mills in 2018.

Mitchell said Alexander’s property tax rate remains below Benton and Bryant.

During the announcement portion of the August 17 meeting;

Mayor Paul Mitchell asked council members to consider whether the city should hold its annual fall festival this year. Normally, it’s held in October at the city park. But, with issues surrounding CoVid-19 he is asking council members for their input.

CoVid-19 is also causing Mitchell to consider whether he should reschedule the annual Mayor’s Award Dinner. That usually takes place in September and is held indoors.

Former Alexander Council Member Daisy Hill dies at 78

Daisy Jane Hill, 78, died in her Alexander home Monday, August 17, 2020 at 4AM surrounded by family members. She was born March 13, 1942 in Paris, Arkansas to William Arthur and Corine (Grady) Sewell.

Photo taken from family flier.

She was preceded in death by her husband of 33 years Albert "David" Hill. He died August 29, 2017 at age 72.

Hill served as a member of the Alexander City Council. She was appointed in November 2006 following the annexation of Woodland Hills (south Alexander). She resigned in 2011.

The visitation and funeral will be held Thursday August 20, 2020 at Dial and Dudley Funeral Home (4212 Hwy 5 North; Bryant, Arkansas). Visitation begins at 10:00 AM followed by the funeral at 11:00 AM. A graveside service will be held at 12 Noon.

For a complete obituary, and to sign the online guest book, visit the Dial and Dudley website at https://www.dialanddudleyfuneralhome.com/obituary/daisy-hill.

Hot August Night Car Show; Sat. August 1

Alexander American Legion Post 28 will hold a car show tomorrow (Saturday, August 1) from 4-8 PM at Alexander City Park. Access to the show is free to the public.

To participate in the car show the entrance fee is $20 for non-military and $15 for veterans and active military. Thirty-six trophies have been donated by O’Reilly’s Trophy.

Spaces for crafters are available at $10 per table. Food vendors will also be present and there will be a 50/50 drawing. If you have any questions call Harold Timmerman at (501) 813-4694.

The entrance to Alexander City Park is located along Highway 111 across from the Dollar General Store.

This is the second car show held by the legion post. The first was in 2018. Some of the cars in that show are pictured below.

Alexander council meeting dedicated to passing ordinances

The Alexander City Council approved five ordinances during its Monday (July 20) meeting and was still able to complete city business in under an hour. Aside from one new ordinance the other four involve replacing existing ordinances.

One of the existing ordinances was just approved last month. During the June meeting an anti-noise ordinance was passed. Unfortunately, it included an error that established quiet time from, “6 AM to Midnight on Friday and Saturday.” It should have been, “Midnight to 6 AM Friday and Saturday.” See previous article here.

At the June meeting Council Member Harold Timmerman brought up the suspicious looking time frame but Mayor Paul Mitchell said Police Chief Robert Burnett approved the ordinance. At the recent July meeting Mitchell said the ordinance was needed to deal with the upcoming July Fourth Holiday. He added once the error was recognized the Friday and Saturday portion of the ordinance was not enforced during this past month.

Three of the ordinances approved Monday night involve permit fees for building/construction. Two of them rescind a 2016 ordinance and another that predates 2016 but can’t be located. Since the 2016 ordinance references the older ordinance both were repealed.

The new ordinance covers permit fees for building/construction and setup fees for manufactured housing. Until now the fees were established by two ordinances. The Alexander Planning Commission is working on a revised version of the manufactured housing ordinance, which will not include fees.

Finally, council members approved an ordinance which establishes, “Proliant, Inc. for city payroll process and tax filing.” The city is already using Proliant, but according to Mitchell a state auditor says Alexander should have an ordinance establishing the city doing business with Proliant.

Speaking of auditors, the Arkansas Division of Legislative Audit has begun the required annual audit of the City of Alexander for the budget year 2019. Council members were provided a copy of the “Engagement Letter” sent to the city. The letter states, “We will perform certain limited procedures with respect to cash basis financial information and compliance with certain state laws and accepted accounting practices… .” The ordinance with Proliant is just one example of what might develop during an audit.

At the end of the meeting Mayor Mitchell announced the latest sales tax receipts are up around $30,000 over last year. Mitchell added it’s unknown if the increase is due to the reopening of the state or the medical marijuana dispensary, which opened earlier this year before the coronavirus pandemic.

The next meeting of the Alexander City Council will be held Monday, August 17 at 6:00 PM in the courtroom at city hall. The public is invited to attend.

Tonight's City of Alexander Agenda - Monday, July 20

Alexander police officer surrenders to State Police after warrant for his arrest issued

Alexander Police Officer Calvin Nicholas “Nick” Salyers, 33, surrendered himself to Special Agents of the Arkansas State Police (ASP) Criminal Investigation Division on Wednesday, July 8 according to an ASP press release. He was then formerly served with a warrant for Manslaughter, a Class C felony. Salyers has been charged in the shooting death of fellow Alexander Police Officer Scott Hutton, 36, of Bryant.

Photo taken during booking of
Calvin Nicholas Salyers into the
Saline County Detention Center.

The shooting occurred around 7:12 PM on June 3. Saline County Sheriff’s Deputies were sent to the scene at 15458 Evergreen Drive in Alexander where they found Hutton wounded by a gunshot and lying outside the residence. Hutton was transported to a Little Rock hospital where physicians pronounced him dead.

The warrant, issued July 8, charges Salyers with, “[U]nlawfully and feloniously on or about June 3, 2020 recklessly cause the death of Scott Hutton.”

In the warrant Manslaughter is defined as, “[R]ecklessly causes the death of another person.” The warrant is also, “[S]eeking enhancement of sentence in that the defendant employed a firearm in the commission of the offense.”

At the request of the Alexander Police Department the investigation was conducted by the Arkansas State Police. According to the ASP press release, once the investigation was complete the report was submitted to the Saline County prosecuting attorney who made the final decision whether or not to file charges.

According to the affidavit submitted by ASP Special Agent Ryan Jacks, Hutton drove to the Evergreen Drive address to pick up a patrol vehicle from Salyers. Prior to arriving at 7:12 PM Hutton made two attempts by phone to alert Salyers he was on his way.

“At 7:09:20 PM., Hutton made an outgoing phone call to Salyers’ personal phone, but wasn’t connected,” the affidavit states. “Then, at 7:09:36 PM., Hutton sent a text to Salyers’ cell phone number stating, ‘Are you awake?’”

Hutton parked in the driveway, walked onto the porch and knocked on the front door, according to the affidavit. Inside Salyers, and his girl friend Ashlee Cummings, were laying on the couch watching a movie. When hearing the knocking Salyers said he went to the door carrying his Glock .40 caliber handgun.

“[H]e looked through the peep hole and saw a figure standing on his porch with a dark shirt and a gun on his hip,” according to the affidavit. “Salyers stated that he transferred his weapon from his right hand to his left hand and reached for the door knob and as he opened the door, the gun went off, firing a round through the front door.”

As Salyers continued to open the door Hutton fell off the porch. According to Salyers it was then he realized it was Hutton when seeing him on the ground.

Salyers and Cummings called 911 requesting an ambulance. The affidavit includes a quote from the 911 call with Salyers saying, “[A]ll I seen was a gun, it was an accidental discharge.”

A search of the scene by ASP confirms statements made by Salyers, according to the affidavit. “[A]gents located a single bullet hole in the front door near the peep hole. The bullet appeared to have traveled from inside the residence, through the main door and then through the glass storm door.” The hand gun, “[W]as found on the floor just inside the door threshold. … Powder burns and a C-Shape ring of residue were left around the hole” indicating the weapon was pressed up against the door when fired.

The investigation also found the bullet had, “[S]truck Officer Hutton in the upper right chest, traveled across his body, entered and exited his heart, then and wedged under the skin on his left side. Based on Officer Hutton’s injury, it was likely he was standing at an angle and not squarely facing the door.” During the 911 call Salyers began providing medical aid to Hutton.

Hutton was dressed in a black polo type shirt, khaki tactical pants and a typical police-style gun belt with a badge positioned next to his holstered firearm.

While interviewing Alexander Training Sgt. Matt Wharton he repeated a statement Salyers made to him during the early stages of the Minneapolis riots. According to Wharton Salyers said if any rioters came to his residence he would, “[S]hoot through the door.” Wharton said he instructed Salyers could not do that because it would be, “[R]eckless and negligent.” Wharton told Salyers they can’t, “[S]hoot anyone without identifying them first,” and establish they are a threat.

Salyers was booked at the Saline County Detention Center on July 8 at 8:13 AM. He was released on $15,000 bond at 5:18 PM the same day.

A Class C felony is punishable with a fine of up to $10,000, or imprisonment for a period between 3 to 10 years, or both.

Ironically, Salyers was recently presented with a Life Saving Award for medical aid he provided to Alexander Council Member Jeff Watson after he was stabbed three times in front of his home. The incident occurred April 21. He received the award at the May 18 council meeting. Watson survived the attack.

Salyers has been an Alexander police officer since 2017. He serves as the department’s K-9 officer.

Petitions for City of Alexander Elections now available

Petitions are now available at the Saline County Clerk’s Office for municipal elections to be held during the November 3 General Election. Positions appearing on the ballot for the City of Alexander include all eight of the council seats, city recorder and the treasurer. Council members serve for two years while the city recorder and treasurer are four-year terms.

Whether you live in the Pulaski County or Saline County portion of Alexander petitions must be picked up at the Saline County Clerk’s Office;

215 North Main, Suite 9;

Benton, Arkansas;

between the hours of 8 AM to 4:30 PM Monday through Fridays, except holidays. When requesting a petition you must state which position you are seeking (ie. Ward-1, Position-2).

Current members of the city council are Joe Pollard (Ward-1: Pos-1), Elizabeth Bland (Ward-1: Pos-2), Joy Gray (Ward-2: Pos-1), Juanita Wilson (Ward-2: Pos-2), Harold Timmerman (Ward-3: Pos-1), Dan Church (Ward-3: Pos-2), Lonny Chapman (Ward-4: Pos-1), and Jeffery Watson (Ward-4: Pos-2). The City Recorder is Sharon Bankhead. JoAn Churchill is serving as interim treasurer and is expected to run for that position.

The first opportunity to file a petition is Noon on Wednesday, July 29. Filing ends at Noon on Wednesday, August 5. The election is Tuesday, November 3, 2020.

Rules to follow concerning fireworks; sales and use

Independence Day (July 4) is near. If you plan to sell or shoot fireworks in the City of Alexander there are some rules you need to know. The ordinance establishing these requirements became law in June 2019.

Selling Fireworks:

Fireworks cannot be sold within the city limits without the purchase of a, “Privilege license.” Contact city hall for further information.

The use of fireworks:

“No parent, guardian, or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision.” The ordinance also states the, “possession or discharge of fireworks” as, “prima facie evidence of the knowing permission or consent of such parent, guardian, or custodian.” In other words you’re responsible for the actions of the child whether you know what they’re doing or not. In Arkansas the age of majority is 18 years old.

Where and When:

The ordinance limits the discharging of fireworks, “on private property of the owner, by the owner and immediate family, when discharge is in a safe and sane manner.” “Safe and sane manner,” is defined as, “actions which do not endanger life, limb, or property of those in the area of the discharge.”

Fireworks may not, “be discharged within the boundaries of or within three hundred feet (300 ft.) of any public park owned or maintained by the city.” Also, fireworks may not be, “discharged upon any public street, alley, road, or right-of-way,” … “under or upon a motor vehicle, whether moving or not, or within three hundred feet (300 ft.) of any gas station, gas, oil, or propane storage facility, or other area which is highly flammable in nature.” Fireworks also may not be discharged if the Fire Chief has issued a burn ban due to drought or other conditions.

The ordinance allows for the discharging of fireworks on July 3 and July 4 from 12:00 PM (Noon) until 10:00 PM.

Clean up when finished:

The revelers are also required to clean-up the mess. The ordinance states, “Any individual, firm, partnership, corporation, or association discharging fireworks under this ordinance shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or ‘dud’ fireworks, and the associated debris from the area in a safe manner.”

Fireworks defined:

The ordinance provides a definition of fireworks. Besides the legal and technical definition, examples of what constitutes fireworks is provided. The list includes, “sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecracker, torpedoes, sparklers, or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing an explosive substance.”

Enforcement and penalties:

Police, fire and code enforcement officers are given the authority to enforce this ordinance. They also have the authority to, “seize, impound, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold, or in the possession of any individual, firm, partnership, corporation, or association in violation of this chapter.” Penalties start at, “a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) for a first time offense, a fine of not less than two hundred dollars ($200) or more than five hundred dollars ($500) for a second offense, and a fine of not less than three hundred dollars ($300) or more than five hundred dollars ($500) for a third or subsequent offense. Each day of a violation constitutes a separate offense.”

The ordinance also covers payment for damages and the cost of any services provided. “Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as part of any conviction for any violation,” it states. Also, “The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction.”

Excessive noise outlawed in Alexander, zoning change approved

The Alexander City Council has approved an ordinance which specifies how much “Noise” is allowed in the city and when everyone must be quiet. A zoning change was also approved which will allow nine more apartments to be built in the old part of town.

The “Noise Control Ordinance” recognizes that, “[E]xcessive sound and vibration are a serious hazard to the public health and welfare, safety, and the quality of life.” The ordinance also affirms that, “[P]eople have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health or welfare, or degrade the quality of life.”

The new ordinance establishes times when it is, “[U]nlawful for any person to willfully make, continue, or cause to be made or continued, any loud and raucous noise.” Raucous is described as, “[A]ny sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities.” Quiet time is established as, “10 pm to 6 am Sunday through Thursday and 6 am to midnight Friday and Saturday.”

Noise violations, or requirements to restrict noise, covered in this ordinance include, “[T]he exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and disturbing noises,” “Every motor vehicle shall at all times, be equipped with factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation,” “The creation or emission of engine of [sic] exhaust noise through the use of “Jake Brakes” or other similar engine compression retarding device …” “The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound …” “Using, operating or permitting to be played any radio, music player, or audio system in a motor vehicle which produces or reproduces sound in such a manner as to cause a loud and disturbing noise which plainly audible to persons other than the occupants of said vehicle.”

While discussing the ordinance Mayor Paul Mitchell said the loud music from cars isn’t bad. “They keep moving,” he said. It’s the loud music from houses. “They don’t move.”

The ordinance also defines who may be responsible for, and subsequently charged with, violating the ordinance. “Any person, owner, agent, or supervisor in charge of operating, ordering, directing or allowing the operation or activity creating noise shall be guilty of a violation of this article and subject to the penalties.” If found guilty of violating any portion of this ordinance, “[A] penalty of not less than one hundred dollars ($100.00) plus court costs and not more than five hundred dollars ($500.00) plus court costs,” may be levied.

Mitchell pointed out this ordinance request came from the police department. When handling loud noise complaints the officers would like something on the books they can take to court.

A long-time vacant lot along Main Street will be vacant no more. Thanks to a zoning change, approved by the Alexander City Council, construction will begin as soon as possible on nine two-bedroom apartments to be located in two separate buildings.

The lot at the northeast corner of East 2^nd Street and Main Street, along with the rest of that block, was zoned for single-family site-built homes, site-built duplexes and all types of factory-built housing. Only the zoning for the vacant lot was changed to allow for the construction of multi-family housing units (apartments).

Prior to the council’s vote on the zoning change Planning Commission Chairman Michael Huck gave a report on the public hearing held June 9. Huck said despite giving all legally required notification to local property owners, residents and the general public no one attended in opposition to, or support of the zoning change.

Huck said the planning commission held its regular meeting following the public hearing. It was at that meeting the planning commissioners voted to recommend the council approve the zoning change.

Also at the June 15 meeting;

Mayor Mitchell spoke of the recent shooting and death of Officer Scott Hutton. Mitchell said he would like to have a memorial of some type established in the city. Council Member Juanita Wilson said her pastor is working on a plaque to present to the city.

Officer Hutton died Wednesday, June 3 in what is currently being referred to as, “an accidental shooting by a fellow officer.” The incident occurred on Evergreen Drive and was being investigated by the state police. The Saline County prosecuting attorney will decide if charges will be filed against the as-yet unnamed officer. The officer has been placed on paid administrative leave.

The council approved giving city hall staff the authority to refund park rental fees in the event of an emergency. The emergency can be an event that makes park facilities unusable, such as a flood or the current CoVid-19 pandemic, or the individual renting the facilities is unable to proceed with the planned event. Until now only the deposit has been refundable.

The next meeting of the Alexander City Council will be held Monday, July 20 at 6:00 PM in the courtroom at city hall. The public is invited to attend.