The Alexander City Council decided to hire attorney Lana Fraser to file a condemnation action against David W. Jacks, owner of the eastern portion of Alexander City Park. Fraser is the city’s former prosecuting and city attorney. She left the two positions after being hired by James Law Firm in Little Rock, but agreed to continue working on this legal matter.
Although, it now appears formal legal action won’t be necessary. According to Mayor Crystal Herrmann Jacks contacted her about two weeks ago and has agreed to the $68,000.00 offer.
The issue of who owns the eastern portion of the city park, between the parking lot and Highway 111, occurred after the city made several improvements on that land. The city had been mowing the grass in that area for many years. As far as anyone knew it was city property.
The eastern end of the park is the location of the gazebo, water fountain, lights and other improvements. The various construction projects were done in phases from 2015 to around 2019.
It was only after they were completed Jacks contacted former Mayor Paul Mitchell asking why the city was building on his property. Since then Mitchell, and multiple city attorneys, have been negotiating with Jacks.
Once the city had two independent appraisals of the property, minus the value of the improvements, Jacks was offered $68,000.00. Mitchell reported making the offer to Jacks at the December, 2022 council meeting.
City Council Member Juanita Wilson provided additional information concerning the negotiations with Jacks.
“He was made an offer on the fair market value and he would never get back to us,” Wilson said. “And then he came back. (Jacks wanted) $250,000 worth of (Tax) adjustments on other properties he owned in two other cities that we had no control of.”
Wilson was referring to a proposal Jacks made, once he finally began to make an effort to negotiate late in 2022, asking if Alexander would make tax adjustments on properties he owned in two other cities in different counties. Mitchell had to explain Alexander only has control of property taxes in Alexander.
Explaining the legal process Fraser said, “[W]e're speaking about a condemnation action. In other words, taking the property.”
“First of all, there'd be a proposed resolution that the city would need to take up and pass," Fraser said. "[T]hen that would grant the mayor and whatever attorneys that we need to file an action in circuit court. And essentially, we pay fair market value for the property and we ask the court to deem the property ours, or the city’s, at that point.”
However, all that may not be necessary. Mayor Herrmann reported being contacted by Jacks who is willing to accept the $68,000.00 offer.
"Mr. Jacks came in two weeks ago," Herrmann said. "[H]e had said that he would accept the $68,000.00."
His acceptance of the offer came with a caveat.
"And then we're just asked to do a donation difference, you know, a tax donation for the difference of the appraisal amount," Herrmann said. "So is that something you can assist us with? And, if it's not the long process of taking the man's property,"
"I'll be happy to review (it)," Fraser said. "Anytime there's an offer to purchase or to sell land, it must be in writing. Okay, so it's not in writing. It's just been said out loud, and that's not going to hold up."
"He was working on (a) buyer seller agreement that he's supposed to send over," Herrmann said. "But, because he had also experienced a death in the family that week, he said to give him a little bit of time. And I said we didn't have time to even get to it on this agenda, that we could turn it in to the March agenda."
The agenda item for the February 27 council meeting was to approve a $5,000.00 fee for Fraser to proceed with the legal action. Council members agreed to pay the fee in case the verbal agreement falls through. The fee will be paid from the Parks and Recreation Fund.
Also at the February 27 council meeting:
No decision on HR Executive Session
The only HR matter, that's not a well-kept secret around Alexander, is Fire Chief Mark Ridgeway being placed on paid administrative leave by Mayor Herrmann only three days after being sworn-in to office in January. It now appears he was fired hours before the February 27 council meeting. It was Herrmann who requested the item be placed on the agenda.
At the January council meeting Herrmann was asked for an update on Ridgeway's administrative leave.
“I’m not at liberty to discuss the criminal investigation,” Herrmann said. “I was advised I cannot discuss it.”
Herrmann has been claiming that Ridgeway is under investigation by the Arkansas Attorney General's Office. Ridgeway has reportedly told others he has yet to be contacted by the AG's office. Also, according to the Arkansas Judicial website no subpoenas have been issued.
Ridgeway commented on the topic in two separate Facebook postings.
"I have been LET GO from the City of Alexander FD this is not by any means of a retirement," he said in the first posting.
"I was terminated last Monday February 27 she (Herrmann) said I could quit or be terminated I said I am not quitting," Ridgeway wrote in the second posting.
A council can over-ride a mayor's firing, or hiring, of an employee with a two-thirds vote. At the February meeting only seven of the eight council members were present. Hence, no action was proposed.
Fire equipment for sale
"So we have a bunch of the old air-packs that have now been replaced with the newer ones," Chilcote said. "We've been approached by the county jail for Saline County. They want to buy two of them. So I need to see if I can get approval from the council to start selling this old equipment."
At the August 15, 2022 council meeting council members approved spending $101,930.72 for new air breathing equipment for the fire department, also known as air-packs. The purchase included ten sets of air tanks that hold 45-minutes of air, mounting straps, breathing masks, communication equipment, batteries; plus ten spare air tanks, two battery charging stations, and six spare batteries. This new equipment replaces the department's air-packs that will not pass inspection after 2023.
The purchase was paid for from the 833 Fund, which is a state program to aid fire departments in purchasing equipment. No city funds were used.
Chilcote said starting this year, to meet ISO standards, all fire trucks must have closed cabs and be manned by four firefighters instead of three as in the past. The department is looking to hire more firefighters to meet the new crew standards. The department still has one open-cab fire truck.
Split decision on buying City Treasurer computer for home use
Wilson explained, "It was agreed last year that she would be provided an office within her home."
Council Member Angela Griffin questioned the security of allowing city equipment in someone's home that has access to city hall.
"Well, I do have some concerns, though, with that because she's the treasurer and it deals with state business," Griffin said. "But, my concern is that she's doing City business from her home, which is a liability."
Wilson denied there's any liability or safety issues with Churchill working from home.
"She has an old computer that's worn out," Wilson said. "The city is already providing her with Internet access."
"I mean, she's part time, so she's not required to be there every day in the office," Griffin said. "But, that city business conducted in her home, how is that insured there?"
In a five to three roll call vote Churchill was given permission to purchase a computer and printer. Voting "Yes" were Joe Pollard, Joy Gray, Wayne Smith, Harold Timmerman, and Juanita Wilson. Voting "No" were Angela Griffin and Gina Thomas Littlejohn. Council Member Tony Staton was absent due to illness, which also counts as a “No” vote.
Since the mayor already has the authority to make purchases of $5,000.00 or less, no approval of a dollar amount was needed.
Next Meeting
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