Second attempt to remove planning chairman fails?

(Updated 1/25/2024  1:45 PM)

Alexander Council Member Joy Gray made an attempt to remove Planning Commission Member Michael Huck from his post as chairman. At the December council meeting Gray made a motion to remove Huck from the planning commission based on a complaint concerning comments he made towards another planning commission member after the October planning meeting. This time she says a complaint has been made from someone outside Alexander.

"There's been another complaint this time it was from the water, the water reclamation (Little Rock Water Reclamation Authority - LRWRA)" Gray said. "The person that represents them has specifically asked if she can speak with anyone besides Michael Huck, because of his way of conducting himself with her and his just sort of general rudeness."

"(S)ame song, second verse with another person," Gray continued. "And this person is not a city person that we can say, oh well, he's, you know, he's only mean to people in Alexander, people that work in Alexander and whatever. This is someone from outside to the first person they're supposed to be able to talk to and deal with and what is going to be in this instance the Planning Commission. And so it's embarrassing, it's not good for business. And so I would ask, so I'm just going to make the motion again, I move that we remove Michael Huck as a head of the Planning Commission."

Since 2021, the planning commission has been working to write a new Comprehensive Master Development Plan to guide current and future city officials when it comes to dealing with commercial and residential growth in Alexander. The new Master Plan will replace one passed in 1980. It will also meet a requirement established in a 2018 contract between Alexander and the LRWRA.

The LRWRA provides sewer service to the Pulaski County portion of Alexander and areas in Saline County along the Pulaski County line. The new contract required Alexander write a new Master Development Plan along with a new zoning ordinance. A new zoning ordinance was approved by the city council in 2019. It also replaced the zoning ordinance passed in 1980.

The contract also requires that the Little Rock Planning Department, the LRWRA and the Little Rock Board of Directors (in that order) approve Alexander's new Master Development Plan before the Alexander City Council. Based on Huck's monthly reports to the city council, the Alexander Planning Commission sent the Master Plan to the Little Rock Planning Department in April, 2023. After providing additional documents and information the Planning Department sent an approval letter to the LRWRA in September. A vote on sending Alexander's Master Development Plan to the Little Rock Board of Directors, for final approval, has yet to appear on the LRWRA's monthly agenda.

In another portion of the meeting, Mayor Crystal Herrmann reported that she and City Attorney Chris Madison had met with LRWRA officials. Herrmann said Madison will be writing a new contract with LRWRA to replace the 2018 contract.

As the roll call vote began Huck said, "No defense, huh?"

"This isn't a court of law Michael," Gray replied.

Voting "Yes" on the motion were council members Joy Gray, Angela Griffin and Gina R Thomas-Littlejohn. Voting "No" were Mitchell W. Smith and Juanita Wilson. Council members Joe Pollard, Tony Staton and Harold Timmerman were absent.

"There's three Ayes and two Nays," said Office Manager Jennifer Hill. Hill was taking the meeting minutes, substituting for City Recorder Sharon Bankhead who could not attend the meeting.

"That's actually, the others (the three absent members) count as Nos," said Wilson. "There are five Nos."

"That's three removals and two Nos," said Herrmann.

"Five Nos," replied Wilson.

"They don't get to count," said Hill. "Because if they were here they could vote."

For decades absent council members were counted as a "No" vote. In the past that would have made this vote five to three causing the motion to fail.

"(A)sk the attorney and that's one of those things that we can check and see," Gray said. "I would be comfortable with that."

"And then for the record, the vote was three to two in favor of removal of the people present," Gray continued. "And then if legally those three count as No votes, then I'll just keep bringing it up. And you can put it in your gossip blog (The Alexandrian), but I'm just going to keep bringing it up, Michael. And then we'll do it again and again and until people (are) ashamed into it."

This issue is addressed in a booklet, published by the Arkansas Municipal League titled, "Municipal Law in Arkansas, Questions and Answers, Revised November 2021."

"Q: What if some members are absent. Does it then take fewer votes to pass?"

"A: No. You still must have a majority (or in some cases, two-thirds [2/3]) of the entire council. For example, if two members of a 

six-member council are absent or abstain, a three-to-one vote would not be sufficient, as three is not a majority of six."

Next meeting

The next meeting of the Alexander City Council is Tuesday, February 20 at 6:00 PM in the courtroom at the Alexander Municipal Complex. The public is invited to attend.

Alexander Council seeks new Treasurer

With the resignation of former City Treasurer JoAn Churchill the Alexander City Council must now find a replacement, at least until the November Election. Churchill submitted her resignation in December, which became effective December 31.

At the January 22 council meeting Council Member Juanita Wilson suggested allowing whoever wins the upcoming election replace Churchill. She said the city staff can handle those duties until then.

Council Member Joy Gray said the city council should at least attempt to fill the position. A deadline of February 16 was set to submit resumes to city hall.

The only legal qualification is the applicant must live in the city limits of Alexander and be a registered voter. Having an accounting background would be a plus.

Resumes should be addressed to:

Mayor Crystal Herrmann
P.O. Box 610
Alexander, AR 72002.

Or, they can be hand delivered to the Alexander Municipal Complex, 15605 Alexander Rd., Alexander Arkansas; across from the Post Office.

In this year's election the positions to appear on the ballot will be for city recorder and city treasurer. They are both four-year terms. Council members will also have to seek re-election to remain on the council. They serve two-year terms. The petition process to get on the November ballot will begin mid-summer.

Alexander Special Council Meeting saved by Zoom

Two agenda items, tabled during the Alexander City Council's regular December meeting, were dealt with at a special meeting this week. One was a resolution approving the proposed budget for 2024. The other was an ordinance establishing two "city attorney" positions and the method of hiring.

The special meeting was held Tuesday, January 16. Due to weather conditions Zoom was used to allow any council members attend the meeting who didn't want to attempt a trip to the Alexander Municipal Complex. Members of the public were also notified about the Zoom connection. Approximately 10 or more opted to watch the meeting on Zoom.

Council members who attended the meeting at city hall were Joe Pollard, Mitchell W. Smith, Gina R Thomas-Littlejohn, and Harold Timmerman. Attending by Zoom were Joy Gray and Angela Griffin. Tony Staton, and Juanita Wilson were absent.

The proposed budget was tabled at the December meeting at the request of Council Member Juanita Wilson because it lacked the financial detail that was in, not only the 2023 budget, but previous budgets going back several years. It appears the version approved at the special meeting is the same as presented in December.

The revenue and expense totals for the 2024 budget, by fund, are as follows.

General Fund

- Revenue $1,154,261.00

- Expense $   913,795.00

Street Dept. Fund

- Revenue $298,200.00

- Expense $295,830.00

Parks and Recreation Fund

- Revenue $256,050.00

- Expense $255,380.00

Police Dept. Fund

- Revenue $925,650.00

- Expense $915,523.00

Fire Dept. Fund

- Revenue $1,007,750.00

- Expense $1,006,892.43

Totals

- Revenue $3,641,911.00

- Expense $3,387,420.43

- Surplus     $254,490.57

An ordinance to establish two city attorney positions

The second item of business involved the second reading of an ordinance that establishes two "city attorney" positions. The second reading was to occur at the December regular meeting. The first full reading was done at the November meeting. There weren't enough council members present (two-thirds of the eight members, or six) to pass the ordinance in one meeting.

Council Member Juanita Wilson was absent from the November meeting. At the December meeting she asked that it be tabled until City Attorney Chris Madison can be present to answer questions she has about the ordinance. Madison was unable to attend the December meeting.

Her two main issues were the number of attorney positions to be established plus why the mayor is being given sole authority to appoint attorneys? In the past the council was always the final authority in appointing attorneys.

As for how many attorneys, the ordinance appears to establish two "city attorney" positions; one for court prosecutions and another for city civil business. But, the title includes the phrase "OR SEVERAL CITY ATTORNEYS." Wilson wanted to know if two positions are being established why does the title say "Several?"

Now that six council members were present, four at city hall and two on Zoom, the two-thirds "Yes" votes needed to pass the ordinance in one meeting were available. The two absent council members counted as "No" votes.

The first motion was to have the second reading of the ordinance done by title. The motion was made, seconded and all six members voted "Yes." City Attorney Chris Madison, who was also on Zoom, read the title; "AN ORDINANCE AUTHORIZING THE APPOINTMENT OF CITY ATTORNEY OR SEVERAL CITY ATTORNEYS TO REPRESENT THE CITY OF ALEXANDER, AND FOR OTHER PURPOSES."

At the instruction of Madison, a motion was then made to have the third reading of the ordinance done by title. The motion was made, seconded and all six council members voted "Yes."

There was no reading of the Emergency Clause.

Change February meeting date

The only other item on the agenda was to have a "Discussion" about the February meeting date. Normally, the Alexander City Council meets on the third Monday of the month. But, because the third Monday in January and February are Federal and State holidays the meeting is held on the fourth Monday; as stated in the council's "Organization of City Council 2023" and established by Ordinance No. O-2016-16-8-1. The ordinance is also cited in the "Organization" document.

The proposed change is to move the meeting from Monday, February 26 to Tuesday, February 20, the day following the third Monday of the month. The request is being made by City Attorney Chris Madison who is also the City Attorney for Bauxite, which has its regular meetings on the fourth Monday of the month.

Council Member Harold Timmerman noted that for the past seven years the council has been meeting on the fourth Monday in January and February to avoid the holidays. It actually goes further back than that. The practice was to vote on the change of meeting date in December for the January meeting and in January for the February meeting. In 2016 it was decided to establish the tradition in ordinance form.

What was to be an agenda item for discussion turned into a motion to move the February meeting from the 26th to the 20th. By a voice vote council members Joy Gray, Angela Griffin, Joe Pollard, Mitchell W. Smith, and Gina R Thomas-Littlejohn voted "Aye." Harold Timmerman voted "No." Tony Staton, and Juanita Wilson again were counted as "No" votes.

Next Meeting

The next regular meeting of the Alexander City Council is Monday, January 22 at 6:00 PM in the courtroom at the Alexander Municipal Complex. The public is invited to attend.

Alexander's proposed 2024 budget tabled to add detail; Treasurer resigns

This article may contain the opinion of its author.

The Alexander City Council, in a split vote, tabled the proposed city budget for 2024. Council Member Juanita Wilson explained that past budgets included a breakdown of pay to each employee.

"Well, it doesn't have anything itemized, anybody's pay, anyone who's getting paid, how many hours," Wilson said.

"Listen, that wasn't in the last budget," said Jennifer Hill.

"It is always in the budget," Wilson responded.

Hill is the city hall Office Manager. She is also the City Treasurer for the City of Haskell. Apparently it was Hill who wrote the proposed 2024 budget.

"I've read through this," said Council Member Harold Timmerman. "There's no individual pay for any department member, street department, fire department, anybody. The City Council's not even mentioned.

Below are the budgets for the Payroll Account. On the left is a portion of the Payroll Budget for 2023. On the right is the proposed Payroll Budget for 2024. Highlighted in red on the left are the payments for elected officials. On the right, in red, are the total wages for each department. No wages for elected officials. (Insets are used to expand text.)

Below are the Police Department budgets from 2023 and the proposed budget for 2024. Using them as an example of another of the issues expressed by Wilson and Timmerman, the 2023 budget on the left lists each employee with their pay. The 2024 budget on the right only provides a total cost of wages. (Insets are used to expand text.)

One issue that wasn't mentioned directly, but is still in contrast with how budgets have been done in the past, is the collection and distribution of Alexander's Sales and Use Taxes (SUT). The city collects SUTs from four sources. The base SUT is Alexander's share of the state's Sales and Use Tax. SUT 1, SUT 2 and SUT 3 are each a one-cent city sales tax approved by voters in three referendums.

SUT 1 was approved in the early 2000s. Per the referendum the entire one-cent is dedicated to funding the fire department.

Not long after, SUT 2 was approved by voters. This time the referendum stipulated that two-eighths of the one-cent is dedicated to parks and recreation. The remaining six-eighths is to be, "(D)ivided between the fire department and police department." Traditionally one-eighth has gone to the fire department and five-eighths goes to the police department.

SUT 3 is a one-cent sales tax approved by voters in November, 2017. This sales tax is dedicated to the General Fund and can be spent for any purpose.

All SUTs are deposited into the General Fund first. SUT 1 and SUT 2 are then distributed to the fire, police and park funds.

Below, the 2023 General Fund budget on the left shows all four SUTs being deposited into the fund. The proposed 2024 budget only shows the SUT from the state. (Insets are used to expand text.)

"So, why now things are a problem," asked Council Member Joy Gray. "(W)hen I brought this up for years and it was like, oh, it's all just fine, just pass it."

In the vote to table the proposed 2024 budget until the January 22 meeting, voting "Yes" were Joe Pollard, Mitchell W. Smith, Harold Timmerman, and Juanita Wilson. Voting "No" were Joy Gray, Angela Griffin and Gina Thomas-Littlejohn. Because Council Member Tony Staton was absent he is counted as a "No" vote. With the vote tied four to four the mayor is only allowed by law to cast a "Yes" vote to pass any motion.

City Treasurer resigns

City Treasurer JoAn Churchill submitted a resignation letter to the Alexander City Council. Her resignation became effective December 31, 2023.

After serving as city treasurer for around 10 years, Churchill pulled no punches explaining why she is leaving early.

"With a sad heart I am resigning my elected position one year prior to the end of my term," Churchill began. "Effective 12/31/2023 I resign my position of City Treasurer."

As for why Churchill said, "Due to the various conditions; namely the state is slow to act, (not a complaint); a corrupt mayor, and a biased City Attorney, I find this is a proper and orderly solution."

"I have been unable to produce my expected duties for the entire past year, because of the newly elected corruption: the alterations to passwords; the removal of credentials to access the system I have used for the past decade, and finally a majority of indecisive council; adding those concerns to my personal aging process, which seems to be full of daily surprises all it’s own, it is the best decision for all concerned to take this action," she concluded.

The city council will now have to begin a search for her replacement. This election year the offices of both city treasurer and city recorder will appear on the ballot in November.

2022 Budget finally closed out

A resolution to amend and close out the 2022 budget was approved by council members six to two. Council Member Juanita Wilson objected to the format, since it strays from how budgets were amended in the past.

Previously, the final amended version of a budget appeared in budget form. This resolution, written by City Attorney Chris Madison, provided a list of the changes for each fund in the budget. Madison was on vacation and wasn't there to answer Wilson's questions.

Voting "Yes" to approve the resolution were Joy Gray, Angela Griffin, Gina Thomas-Littlejohn, Joe Pollard, Mitchell W. Smith, and Harold Timmerman. Wilson was the only member present who voted "No," Because Council Member Tony Staton was absent he is counted as a "No" vote.

Next Meeting

Due to the Martin Luther King Jr. Holiday falling on the third Monday in January, the next meeting of the Alexander City Council is Monday, January 22, 6:00 PM in the courtroom at the Alexander Municipal Complex. The public is invited to attend.