At the first council meeting of 2023, City of Alexander Mayor Crystal
Herrmann, with the help of Council Member Angela Griffin, attempted
to postpone the council’s legal responsibility to approve the
Organization of City Council 2023.
Failing that, Herrmann was
able to stall the appointment of a new council member claiming the
“Timing” of
declaring
the Ward-1:
Position-2 seat as
vacant was,
“Handled incorrectly.”
Herrmann
asked that passage of the Organization of City Council 2023
be “Tabled” until the next meeting because, “Kinks need to be
worked out.”
Council
Member Juanita Wilson instantly jumped in
and said, “There are no
kinks to work out.”
“Just looking at
some of the responsibilities of city council compared to 2022, it
looks like there's some blurred wise or over-crossing of some
responsibilities of city council that used to be held by the mayor,”
Griffin said.
Council members were
provided copies of the 2022 and the proposed 2023 versions of the
Organization of City Council.
Griffin’s
main focus was the changing of who sets the agenda. When she was
comparing the 2022 rules to the proposed 2023 version she noted
control of setting the meeting agenda was changed from the mayor to,
“one council member who will be responsible for preparing the
agenda,” quoting the 2023
version. Griffin wanted to know why it needed to be changed.
“Changed because
it needed to be changed,” Wilson said. “We have new people that
do not know what the laws are. So this way we are covered with you.”
Wilson also
explained that under State law the
council is required to
approve the Organization of City Council,
“During the first meeting of every year.”
According
to the Arkansas Municipal League’s (AML) pamphlet Municipal
Law in Arkansas FAQ 2021 it states, “In
January of every new year, the council is to organize itself for the
following year (A.C.A. § 14-43-501). The council should determine
how the meetings will be run, dates, times and places of meetings,
how the agenda is to be set, who will set the agenda and any other
procedural matters which will make the remaining meetings run more
smoothly.”
“And it looks like
some of the changes are that there are more responsibility on council
that has been taken away from the mayor,” Griffin said. “Right,
okay. We can vote on it.”
The Mayor took a
voice vote. Council members Joy
Gray, Joe Pollard,
Tony
Staton, Harold Timmerman, and
Juanita Wilson voted
“Aye.” Angela
Griffin and
Gina
Littlejohn voted
“Nay.”
Mayor Herrmann
caught everyone off-guard who has witnessed and participated in the
process of filling a vacant seat on the city council when she said it
had to be “Tabled” because of a legal issue. Although the process
is seldom needed, this isn’t the first time this council has had to
fill a vacancy.
“I was notified by
the election commission that it was done incorrectly and that I had
to contact Municipal League, which I have,” Herrmann claimed. “And
I'm waiting on the email and writing on how to move forward.”
Council Member Tony
Staton asked, “What clarification?”
“They just
notified me that it was handled incorrectly and it had to go through
the court,” Herrmann responded. “I'm waiting on writing on if we
can move forward without having to go to the court. So we will have
to table that one.”
“Well, I would
like to see where you got that from because the council elects their
own picks when someone quits,” Wilson said. “Then the council
picks out the next person.”
“Yes, ma'am. It's
just the timing of picking the next person,” Herrmann said.
“But the timing is
like you have 30 days and here we are,” Wilson responded.
“30 days from
what?” Herrmann asked.
“The lady resigned
last month that moved out of the city,” Wilson explained.
“That was the part
that was dealt with incorrectly,” Herrmann continued.
The January 23
meeting was 34 days after the city council accepted the resignation
of former Council Member Elizabeth Bland during the December 19
meeting. Bland moved outside of Alexander making her ineligible to
serve on the council. The resignation was sent in the form of an
E-mail.
On this matter the
AML’s Municipal Law in Arkansas FAQ 2021 pamphlet states,
“Regarding cities of the second class, A.C.A. § 14-44-104 provides
that ‘at the first regular meeting after the occurrence of the
vacancy, the city council shall proceed to elect, by majority vote of
the council, a council member to serve for the unexpired term.’”
The City of Alexander is a Class-2 city.
The council
eventually voted to table the appointment until a future meeting.
During the Public
Comment portion of the meeting Arkansas Municipal League attorney
John Wilkerson introduced himself to the recently elected council
members and mayor. He cited the many legal issues he dealt with for
Alexander over the past 15 plus years.
Addressing the issue
of the appointment to fill a vacancy on the council he asked, “Did
you all accept the resignation?” After being told “Yes” he
added, “Then I don’t know what the problem is.”
Herrmann
and all the council members were elected in the November 8, 2022
General Election and sworn
into office January 1, 2023.
Council members
Joy
Gray, Joe Pollard, Harold Timmerman, and
Juanita Wilson were
the only incumbents
to survive the election.
Wilson
was the only one with an opponent, April Cotton. New council members
Angela
Griffin and
Gina
Littlejohn defeated
incumbents Jeffery Watson and Lonny Chapman respectively. The third
new council member Tony
Staton was
unopposed and replaced Council Member Dan Church who did not seek
re-election. This
is Herrmann’s first council meeting after defeating incumbent Mayor
Paul Mitchell in a December run-off election.
Also
at the January 23 council meeting:
No
answer on Fire Chief Administrative Leave
Earlier this month
Fire Chief Mark Ridgeway was placed on paid administrative leave by
Mayor Herrmann. He is allegedly under investigation by the Attorney
General’s office. Assistant Fire Chief Brad Noblett was appointed
by the Mayor to fill the vacancy.
The agenda item was
listed as, “Update from Mayor on the status of the Fire Chief.”
“I’m
not at liberty to discuss the criminal investigation,” Herrmann
said. “I was advised I cannot discuss it.”
Council Member Joy
Gray asked, “Is this something we can do in Executive Session with
the city council?”
“I’m afraid even
if we did that, Joy, I’m afraid I still couldn’t talk about
that,” Herrmann said.
City Jail Fine
increased to $20
Council members
approved an ordinance that amends Ordinance Number 2004-11-01
increasing the, “City Jail Fine to be paid by each defendant upon
conviction, plea of guilty, plea of nolo contendere, or bond
forfeiture for all misdemeanors, traffic violations, or other first
or second-class fines;” from $5.00 to $20.00.
Resolution to
pave city streets approved
Council members
approved a resolution giving the Arkansas Department of
Transportation (ArDOT) the authority to submit bids for the overlay
of 16 city streets as part of the Arkansas State Aid Street Program.
The streets on this year’s grant request are Main Street; A.C.
Wallace, to include widening from E. 1st Street to 4th Street; Kent
Circle; Valley Cove; Spruce Drive; Holley Drive; Mountain Cove; Iris
Cove; Violet Cove; Tulip Cove; Dahlia Cove; Daisy Cove; Cactus Cove;
Sunflower Cove; Shirley Drive, between Alton Drive and Regency Drive;
and Ashlee Cove.
If the low bid is
over the allotted $300,000.00 the city will have to make up the
difference. ArDOT’s estimate for this project is $324,000.
The grant is part of
the State Aid City Streets Program. Cities and counties are allowed
access to this program as part of a gasoline tax approved by voters.
Revenue from the tax is being used to upgrade interstate and state
highways along with city and county streets and roads. Cities and
counties are allowed to submit a grant proposal every three years.
Live-in guards
plan approved
Council members
approved a plan to allow some city employees, who currently live
outside Alexander, to occupy five houses located in the southeast
corner of the former Alexander Human Development Center on Highway
111. The plan was first proposed at the December 19 council meeting.
Under the proposal
employees from either the street department or police department
would live rent-free in the homes in exchange for the employees, on
their own time, maintaining the grounds surrounding the homes and
patrol the entire property protecting it from vandalism. Pathfinder’s
Inc. used the homes to house adults with special needs. Their lease
expired in August.
Soon after
Pathfinders moved out the vandalism began. Damage to the Alexander
Community Center #2 and the homes resulted in over $9,000.00 of
repairs and cleaning. The vandalism has stopped after two street
department employees were allowed to move-in with their families late
last year as a quick stop-gap measure.
At the January 23
council meeting Police Chief Robert Burnett provided council members
with a sample of the rental form and other documents to be used.
Council members agreed that a $500.00 security deposit should be
“Required” and the city attorney should review the rental
agreement.
Next
Meeting
Due
to a holiday falling on the third Monday in February,
the next meeting of the Alexander City Council is the
following Monday, February 27 at 6:00 PM in the courtroom at city
hall. The public is invited to attend.