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Wednesday, December 18, 2024

Alexander mayor fires police chief, two others, after praising department during council meeting

(Updated with new information 12/18/2024 - 4:05PM.)

The morning following the Alexander City Council’s December meeting, Mayor Crystal Herrmann fired Police Chief Robert Burnett, Assistant Chief Jessica Burnett and Administrative Sergeant Hobby. This follows a report to council members about solving a 2021 drive-by shooting and Herrmann praising the police and fire departments.

According to news reports from television channels 4 and 16 (Click), Office Manager Jennifer Hill said those fired were told, “Their services were no longer needed.” She also said the police department is still functioning providing protection to city residents.

It was also reported Herrmann’s only comment was she wants to, “Take the department in a different direction.”

During the city council’s Monday, December 16 meeting, Burnett’s monthly report included an update on a 2021 drive-by shooting on Magnolia Glen. According to Burnett, the 97 shell casings left at the scene solved other unsolved cases in the area.

Assistant Police Chief Jessica Burnett, a detective at the time, while working with other law enforcement agencies, was able to link the casings to 42 homicides and 167 violent crimes. The evidence gathered also resulted in the arrest of six suspects.

“[T]he 97 casings connected 42 homicides,” Burnett said. [I]t also connected 167 violent crimes across the Little Rock and ... Pine Bluff” areas.

He also reported on an arrest after a high-speed chase, which ended when State Police did a pit maneuver forcing the vehicle off the road. Burnett said the phone seized during the arrest contained over 90,000 images of stacks of money, drugs and weapons providing the impression of, “a heavily organized crime division.”

“Also, this sort of person had been stealing treasury checks in the sum of over a couple million dollars,” Burnett added. “So, we're going to now (work) with the Treasury Department, and currently with the U.S. Postal Inspector on the federal level.”

After his report Council Member Juanita Wilson thanked the Chief and department for their efforts. Those attending the meeting broke out in applause.

Later Burnett reported on the department receiving a grant to purchase hand-held equipment that sniffs out drugs in luggage and packages. He said they will also be able to transport it to local cities before they handle a suspicious package.

During a discussion of the 2025 budget Herrmann said, “And it is amazing for our little city to have a well-equipped PD and FD. ... So I think I'm really proud of multiple departments for that.”

It was reported the Police Chief and Assistant Chief are not commenting on the issue. They are, however, seeking legal advice.

UPDATE:

Shortly after publishing this article Mayor Crystal Herrmann issued the following press release.

“On December 17, 2024, the administration of the City of Alexander determined that the Alexander Police Department's administrative direction needed change and realignment. As a result of the new direction, Chief Robert Burnett, Assistant Chief Jessica Burnett, and Administrative Sargent Jonathan Hobby were terminated from the City of Alexander Police Department as their services were no longer needed within the Department. The City of Alexander Police Department and the City of Alexander administration will continue to provide for our citizens and take the steps necessary to keep our community safe during this period of realignment.”

Mayor Crystal Herrmann


Friday, December 13, 2024

No new sewer connections in South Alexander; For now

The Saline County Waterworks Sanitary Sewer Public Facilities Board (SCWSS) has, “[S]topped all new sewer connections,” according to a report by Alexander Planning Commission Chairman Michael Huck. The order is based on a report from the Arkansas Department Environmental Quality (ADEQ). SCWSS provides water and sewer service to the southern area of Alexander, formerly known as Woodland Hills.

Since Woodland Hills was voluntarily annexed into Alexander in 2006, the area’s population has grown. Besides new residents building on lots that were never occupied since the establishment of the subdivision, which started in the 1970s, a new subdivision forced an upgrade to the sewer plant. Before the Meadow’s Edge Subdivision could connect to the SCWSS sewer system, the developer had to pay for upgrades to the sewer plant.

Huck provided details during his report to Alexander Planning Commission members at their December 10 meeting.

“So they have already stopped all new sewer connections until they can expand the sewer plant,” Huck said. “But they will turn back on any ... lots that already have a water and sewer connection.”

A lot that has an unoccupied structure that can be lived in, or needs to be replaced, can have the water meter turned on. Also, a lot that’s been cleaned of all structures, but still has water and sewer connections are not affected by the ban.

This won’t be the first upgrade to the sewer plant. Before the Meadow’s Edge upgrade, about 20 years ago, a sewer plant upgrade was funded by a $1 Million bond issue. A search for funding sources, preferably grants, is underway.

Cell tower up

Huck also reported to commission members the cell tower, which was approved by the Planning Commission and Alexander City Council in October 2023, has been erected. The cell tower is located next to the SCWSS sewer plant along Brookwood Road. Verizon will be the primary cell service provider using the tower.

Annual business completed

The primary purpose of the last meeting of the year was to approve the Planning Commission’s By-Laws and to select officers for 2025. After approving the 2025 By-Laws Jennifer Plunkett was elected Secretary, Tonya Prowse was elected Vice-Chair and Michael Huck was re-elected as Chair.

Next meeting

The next meeting of the Alexander Planning Commission is Tuesday, January 14 at 6:30 PM. Meetings are held in the courtroom at the Alexander Municipal Complex (City Hall). Meetings are open to the public.


Saturday, November 23, 2024

Bryant Church of Christ coming to Alexander

After working with city officials on requested changes to construction plans, the Alexander City Council voted to allow the Bryant Church of Christ to begin construction on its new home. The church will be built on property at 100 Cornerstone Road, across from the Circle K along Highway 111. The church currently rents a building at 9500 Highway 5.

It was Fire Chief Ryan McCormick who was most involved in requesting changes be made to the construction plans. The changes include having all driving lanes and the parking lot paved with asphalt, rather than the original plan to have the parking lot and church surrounded by gravel leading to the driveways. Other changes include an onsite fire hydrant, rebuilding one of the driveways to have a 25-foot radius matching the other driveway, and a "Knox Box" location to provide the fire department emergency access.

Front of proposed Bryant Church of Christ building.
The proposed building size is 60 feet by 90 feet. The floor plan includes five classrooms, an office/audio video room, library/office/workroom, nursery, rest rooms, pastor room, dressing room, baptistry, preparation room, and a sanctuary with seating for 105.

The parking lot will have 22 regular parking spaces and three handicap parking spots. The front of the church will face Highway 111.

The one issue needing to be solved, outside the control of city officials, was getting approval to connect the building to the Little Rock Water Reclamation Authority (LRWRA) sewer system. LRWRA provides sewer service to the Pulaski County portion of the city and that portion of Saline County, that abuts with the Pulaski County line, in north Alexander.

The current contract between Alexander and the LRWRA is keeping the city from requesting new connections. The contract, signed in 2018, required the city to write a new zoning ordinance and a master development plan.

Both of which must be approved by the LRWRA and the Little Rock Board of Directors. The contract stipulates there will be no new connections until those two requirements are completed.

The new zoning was adopted in 2019. The master development plan was sent to the LRWRA in 2023 for approval. After more than a year the LRWRA finally decided the only way to release Alexander from the current contract’s requirements is to adopt a new contract.

Currently, City Attorney Chris Madison is negotiating a new contract with the LRWRA. The new contract will eliminate the zoning ordinance and master plan requirements and tighten other language in the current contract.

The expectation is a contract should be available for approval by January. It must be approved by the Alexander City Council, the LRWRA and the Little Rock Board of Directors.

However, church officials want to get out of paying the high rent at their current location as soon as possible. They were able to get approval for the new sewer connection from LRWRA without having to wait for the new contract. Construction is expected to begin before the end of the year.


Other business conducted at the November 18 meeting

City Treasurer can now be appointed

An ordinance changing the position of city treasurer from being an elected position to appointed had its third and final reading. The ordinance was then adopted with all seven council members present voting “Yes.” Council member Tony Staton was absent.

The council decided to change the position of city treasurer from elected to appointed in order to fill the vacancy when no one, who lives in Alexander, submitted a resume after City Treasurer JoAn Churchill resigned effective December 31, 2023. Also, no one submitted a petition for the recent November 5 election, which was to have the position appear on the ballot. With the new ordinance anyone, or any accounting firm, can be hired as city treasurer without being required to live in Alexander.

Jail Cost Sharing Agreement approved

The Jail Cost Sharing Agreement between the Saline County Detention Center and the City of Alexander was approved. The agreement establishes the cost Alexander will pay to house its inmates.

The monthly cost for the calendar year 2025 will be $3,011.59 monthly; $36,139.04 annually. That's up from 2024's monthly cost of $2,527.85; $30,334.18 annually. The cost for 2025 is based on the actual cost for housing Alexander's inmates in 2024.

Under the new agreement the city will still be charging a fee of $20, "[T]o 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, to defray the cost of incarcerating City Inmates."

Council receives proposed 2025 budget

Mayor Crystal Herrmann presented council members with the proposed city budget for 2025. Council members are expected to study the budget and send their questions and suggestions to city hall to be discussed at the December meeting.

Council Member reminds others of meeting rules

After what happened during the October 21 meeting, Council Member Joy Gray took time to review the council’s rules on when council members get to discuss topics and how a member of the public can be given more time to speak. Shortly after the October meeting began Council Member Harold Timmerman questioned whether the city attorney is allowed to sit with the council and mayor because he’s not elected. Council Member Juanita Wilson questioned whether any of the city’s ordinances, adopted since January 1, 2023, are legal since she has never seen them posted around the city as required. Neither of these items were on the agenda.

As the first topic under New Business, at the November 18 meeting, Gray quoted and explained passages from the Organization of Council manual.

“So on page 11 of the Organization of City Council, that we voted on and we signed off on to the beginning of this year, it says, ‘Each member will be allowed up to an initial five minutes to debate any issue before the council,’” Gray said.

Timmerman and Wilson were working under the assumption council members get five-minutes to discuss any topic relevant to the council.

“That's not the case,” Gray said. “If there's an issue before the council, each of us gets five minutes.”

“If you want something added to the agenda, it either needs to be added before the meeting or it needs to be added by two thirds vote once the meeting starts,” Gray continued. “That includes your problem with seating charts,” referring to Timmerman’s complaint from last month.

“That includes your problem with how things were posted,” Gray noted to Wilson. “All of that needs to be added to the agenda appropriately. So that is how that works.”

Gray then went on to explain the rules concerning the “Public Comment” section of the agenda.

“’Citizens may address the council during the public comment portion of the agenda for three minutes without interruption,’” she began again reading from the Organization of City Council. “’A timer will be used to ensure that all citizens have equal time. If any citizen would like to address the council longer, the council may extend the time limit once for an additional three minutes by suspension of the rules with a two thirds vote.’”

“So you may not yield your three minutes,” she explained. “No one in here can say, oh, you can have my three minutes. We didn't do it when people that we didn't like were getting up and talking. So we're not going to do it when other people that we're going to follow the rules.”

Next Meeting

The next meeting of the Alexander City Council is Monday, December 16, at 6:00 pm in the courtroom of the Alexander Municipal Complex (City Hall). Meetings are open to the public.

Monday, November 4, 2024

Alexander meeting punctuated with discussions of seating, legal ordinances and how the council should function

The October Alexander Council meeting was paused twice during the meeting to hear comments from two council members about meeting protocol and legal requirements concerning the posting of ordinances. Before the meeting ended the city recorder added her two-cents when it comes to how the council should function.

Where does the lawyer sit?

Before department heads could give their monthly reports at the October 21 council meeting, Council Member Harold Timmermann wanted to know why the city attorney is sitting with the mayor during city meetings. Timmermann claimed a city attorney shouldn’t be sitting with the council and Mayor Crystal Herrmann can’t answer a question without input from City Attorney Chris Madison.

“We have a city attorney sitting at our council meeting to be invited by the city council,” Timmermann said. “The city council meeting includes the eight council members of (and) the mayor and the recorder. And that is it at the table.”

Council members, the mayor, city recorder, and city attorney are seated at tables in the city courtroom. The mayor, city attorney and city recorder are seated at tables facing the audience. Council members are seated at tables, which form a V-shape.

“The thing is, he is not part of the city council,” Timmermann said. “He is not part of the city council meeting.”

Timmermann expects Madison to sit with the public and wait for a member of the council to ask him a question, or wait to speak about a legal issue on the agenda. Madison is the first city attorney who has attended every meeting for at least the past 18 years.

“I sit at the council table, at the council, at every other city I've ever worked with,” Madison said. “I've had other council meetings and other towns.”

The discussion ended with Timmermann leaving the council meeting. From that point forward any vote taken by the council his absence was counted as a “No” vote.

Are ordinances adopted since January 1, 2023 legal?

Before starting “Old Business” Council Member Juanita Wilson expressed her doubts that ordinances adopted since Mayor Chrystal Herrmann was sworn-in to office January 1, 2023 are legal. Wilson says she hasn’t seen any ordinances posted at any of the designated locations she visits regularly in Alexander.

Wilson is basing the requirement to advertise adopted ordinances on Arkansas Code 14-55-206 (2023).

Section-1 Part-A of the code begins with the requirement that, “All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality.”

Since Alexander does not have a local newspaper the city is provided an option in Part-B, which states, “In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance.”

Originally, the five locations were City Hall, the Post Office, Hess Gas Station, the Mobil Station at the I-30 interchange, and Elmo’s Grocery on West Azalea. With the closing of Hess that location has been replaced with the Saline County Waterworks and Sanitary Sewer office.

“There have been no publications in the five posted places in this city since January 2023,” Wilson said. “So you have failed to do your duty to have that done until that makes everything we have voted on illegal.”

“They do get posted. They do get posted. I've heard this one. Wow,” Herrmann shot back. “We'll start taking pictures of the newspaper in front of it from this point forward.”

“I cannot control the post if they get ripped down or removed,” Herrmann said later.

“And then they're posted on our Facebook and stuff, too,” the mayor added.

A lack of information and decorum

City Recorder Sharon Bankhead took time, during the Public Comment section of the meeting, to lay down some hard truths about how the council is functioning as a judicial entity. Bankhead says there’s a lack of communication between city hall, the council, the residents, and even not telling her when there are issues that need to be addressed at the next meeting.

“The city council is a legislative policy making a body of the city,” Bankhead began. ... “The council impacts ordinances, resolutions, and other orders necessary to execute the city of [sic] affairs.”

Bankhead said, as part of her regular job, she is in contact with the Arkansas Municipal League (AML). The AML serves as a link between Arkansas municipalities and the state. The organization also translates state law for cities to aid in keeping their actions within the law.

“We talk about our meetings, and they have told me, personally, our meetings are [a] laughing stock,” Bankhead said.

Bankhead provided one example of the hypocrisy demonstrated by some council members.

“We were trying to fire Mr. Huck (Planning Commission Chairman) because of something he has said, but it happens in meetings all the time,” Bankhead noted. “We put each other down, make a sign, remarks about somebody's statement.”

Bankhead pointed out that each council member will hear different comments from their constituents based on where they live in Alexander.

“Council members represent each community,” Bankhead said. “Y'all represent different people. So, people are not telling you the same thing in that community that they're telling someone else in another community. So, that person has to bring it to the council.”

Earlier in the meeting, during the discussion about the posting of adopted ordinances, Bankhead asked for clarification as to where the city is posting notices and announcements.

“Because I have heard older members (Residents), because I know them, say, they don't know about our meetings,” Bankhead continued. “They want to come to our meetings. But they don't know they're not posted where they used to be, which I tell them some of the businesses are no longer in a [sic] business.

“So, you know, but the one thing everybody uses is the post office,” she continued. “And there's not been one there. You (Referring to Mayor Herrmann) said you posted there, maybe we do need to take a picture and see who's removing it. Because that's a federal building, and if we find out who's doing it, they're in trouble.”

Going back to Council Member Harold Timmerman’s comments at the beginning of the meeting Bankhead said, “We've never had an attorney. I have been on this council for 14 years. And I don't care what you say, we've never had an attorney to sit beside the mayor and tell her how to vote.”

Bankhead told Herrmann she should be keeping council members informed about ordinances and resolutions that are in the pipeline so they can communicate to their constituents what’s ahead for upcoming meetings.

“The council is supposed to know what the city is doing,” she said. “That's your job, to inform your council members, I'm doing this ordinance, I'm doing this resolution, or whatever.”

Bankhead said she doesn’t have a problem with Madison sitting next to the mayor. She does have a problem with him deciding how Bankhead does her job.

“But he's taking my job,” she said. “Now he has the problems with the ordinances numbers, because the way it was done, I thought it was going to lead (to problems).”

Before Madison convinced council members to change the numbering system of adopted ordinances and resolutions, each number would begin with either an O or an R representing Ordinance or Resolution. Following the letter designation would be the date of the meeting by year, month and day; followed by a number if more than one was adopted during the same meeting. Also, ordinances and resolutions were never numbered until adopted.

Under the Madison system each ordinance or resolution is numbered by the year followed by a consecutive number based on the order of adoption; 1, 2, 3, etc.. They have also been pre-numbered, which caused a problem in September when a newly presented ordinance had to be adopted in one meeting. The number of an ordinance, still in the process of being approved, had to be used for the ordinance passed in September; hence the need to renumber subsequent ordinances.

“So, the way we were doing it should have stayed,” Bankhead said. “And, that should have been discussed with me before we did it anyway.”

“I didn't get to know about it until I got to the meeting, that we would change (the numbering method),” Bankhead continued. “That's the kind of stuff I'm talking about that's happening with the meetings. We need to respect each other's roles.”

Casting aspersions on Herrmann’s meeting skills Bankhead began, “And the mayor, the public (attending the meetings), I respect each one of them because they are members (of the community), but most of them are your friends or whatever. You should be gaveling them when they make noise in this meeting.”

“My rebuttal to that,” Mayor Crystal Herrmann began. “The city attorney does not sit here and tell me how to vote this thing, kid.”

“If it wasn't for the discord, all of some of these council members, our city would be so much healthier,” Herrmann continued. “We'd have so much more city business done without some nonsense. And it does take an attorney plus the Municipal League because y'all don't even want to respect the man that it's all hired as our city attorney and his degree.”

“Y'all voted this” (for the attorney), Herrmann said. “[T]he mayor does not have the right to hire the city attorney. I want the public to know the council has to vote and approve our city attorney.”

“I did not know Mr. Madison before taking office,” she continued. “And you and you want to talk about disrespect of the citizens.”

“Ms. Bankhead, you have said their news sometimes, she claimed. “And, been disrespectful to council members and our citizens.”

Herrmann ended the discussion with a plea to voters.

“Please, God, please go vote,” Herrmann began. “No, please pay attention to some of the big haters. Okay, because it's been going on here. Please. Amen. Amen. Amen.”

Alexander Council Member attacked; Relatives arrested

Arkansas State Police investigating:

According to a press release issued November 4, 2024, by the Arkansas State Police (ASP), on Thursday, October 31, 2024, the ASP Criminal Investigation Division (CID) was called to investigate a disturbance in the 15000 block of Robert Evans Road in Alexander due to a report of a gunshot.

The investigation revealed that Alexander City Council Member Wayne Smith, 63, had been threatened and assaulted after a verbal argument by two family members, identified as Kymesha Maxwell, 29, and Kymberly Clark, 60, both from Alexander.

Witnesses were interviewed and evidence was collected at the scene.

Special Agents with ASP CID arrested Clark and Maxwell and transported them to the Pulaski County Detention Center.

Clark was charged with Felony First-Degree Aggravated Assault. Maxwell was charged with Felony Terroristic Threatening and Misdemeanor First-Degree Assault.

Friday, November 1, 2024

Three ordinances; Second reading, Third reading and a do-over

Thinking the issue of not being able to fill the vacancy in the office of city treasurer had been discussed to a conclusion, Alexander City Council members were expecting to conduct the second reading of an ordinance that will change the city treasurer’s position from elected to appointed. Three public readings for any ordinance is required unless two-thirds of the council votes to suspend the second and third readings and approve the ordinance at one meeting.

But, Council Member Juanita Wilson wanted to re-litigate the issue one more time. Wilson said, “You need to look at Arkansas code 1444, and this is what it says.”

Quoting Arkansas code 14-44-106 Wilson said, “If a vacancy occurs in the office of mayor, marshal, recorder, treasurer, or recorder-treasurer in any city of the second class, at the first regular meeting after the occurrence of the vacancy the city council shall proceed to elect a person to fill the vacancy either by a majority vote of the council members or by a call for a special election to be held in accordance with § 7-11-101.”

Wilson has been consulting with an attorney from the Arkansas Municipal League.

“Miss Wilson,” Mayor Crystal Herrmann began. “We need to get someone in place to be held accountable for our bookkeeping.”

City Attorney Chris Madison stepped in with a summary.

“And so without having filled the vacancy, which is the responsibility of council for almost a year, and after waiting until after the filing period for this upcoming four-year term, we proposed the appointment of a city treasurer because the law allows the appointment of a city treasurer by ordinance,” he said. “So I have to say what you're saying, you're correct.”

The council decided to change the position of city treasurer from elected to appointed in order to fill the vacancy when no one, who lives in Alexander, submitted a resume after City Treasurer JoAn Churchill resigned effective December 31, 2023. Also, no one submitted a petition for the upcoming November 5 election, which was to have the position appear on the ballot. Once the ordinance goes into effect anyone, or any accounting firm, can be hired as city treasurer.

The six council members present voted to read the ordinance by title for its second reading. Six out of eight provides the two-thirds vote needed to read the ordinance by title only rather than reading the entire ordinance.

Voting “Yes” were council members Joy Gray, Angela Griffin, Gina R. Thomas-Littlejohn, Joe Pollard, Mitchell W. Smith, and Juanita Wilson. Council Member Tony Staton was absent for the entire meeting and was counted as a “No” vote. Council Member Harold Timmerman was present at the beginning of the October 21 meeting but left shortly after it began, so was also counted as a “No” vote.


Also under Old Business at the October 21 meeting

Ordinance amending Zoning Regulations gets third reading and is adopted

An ordinance, amending the zoning regulations passed in 2019, received its third and final reading by title only. Council members then voted to adopt the ordinance.

The ordinance amends two items. It adds text to the definition of "Recreational Vehicle" which reinforces that its illegal to live permanently in an RV within the city. The ordinance also removes the term "Duplex (site-built)" from Section 9 Mixed-Use Residential District.

Stormwater ordinance returns for third reading

Before moving on to New Business, Mayor Crystal Herrmann asked council members to add a third item to Old Business. Council members approved adding the Stormwater Ordinance to the agenda.

“So there was some confusion during our ordinance reading (last month),” Herrmann began. “It was originally brought to the table along with our Animal Control Ordinance.”

Both ordinances were first brought to the council at the July meeting. While the Animal Control Ordinance received its first reading in July, the Stormwater Ordinance was tabled for further study. Its first reading was at the August meeting.

“So there was some confusion with how many times, once we moved forward with the Stormwater Ordinance, that had been read,” Herrmann said. “Last meeting (September) we stated that had been read three times. In fact and now we've been read twice. So now we need to go back and give it its third reading so we can move forward legitimately with our Stormwater Ordinance.”

City Attorney Chris Madison took the blame for the error. He said while writing the list of ordinances that needed to be renumbered, he lost track of when the Stormwater Ordinance received its first reading.

All council members present voted to have the ordinance read by title only. They then voted to adopt the ordinance. This new ordinance essentially duplicates the existing ordinance but with the addition of a permitting process to control stormwater related construction.


Under New Business

City sells fire truck to Shannon Hills

The Alexander City Council approved a resolution selling the fire department’s 1994 Pierce Arrow Fire Truck to the Shannon Hills Fire Department for $30,000.00. In a letter to Mayor Crystal Herrmann Fire Chief Ryan McCormick said the $30,000.00 offer is a, “[F]air market value for an apparatus of this age and use.”

Council sets minimum price for bulldozer

The Alexander City Council approved an ordinance to establish the minimum price of $25,000.00 for a diesel-powered bulldozer owned by the city. City Attorney Chris Madison explained to council members the bulldozer would first be put up for auction with the $25,000.00 as the minimum acceptable bid. If that fails the bulldozer would be advertised at that price.

Annual property tax approved, again

The Alexander City Council approved the annual ordinance setting the tax rate on all real and personal property for the next property tax collection cycle in the Pulaski County portion of Alexander. The tax rate will remain at 0.0015 mills per dollar valuation. The maximum rate is 0.005 mills. At the September council meeting an ordinance was adopted establishing the same tax rate for the Saline County portion of Alexander.

Next meeting

The next meeting of the Alexander City Council is Monday, November 18. Meetings begin at 6:00 PM and are held in the courtroom at the Alexander Municipal Complex (City Hall). Meetings are open top the public.

Thursday, October 24, 2024

Alexander residents have until Nov. 20 to comment on variance request

The Alexander City Council, in a split vote, decided to approve a variance request that will allow the subdivision of one lot into two smaller lots. The variance is needed because each of the two lots will be less than the minimum requirement of 8,000 square feet.

The 13,818 square feet lot is located at 14916 Regency Drive in south Alexander. It sits at the corner of Regency Drive and Charles Street. When divided into two lots one will have 6,916.5 square feet and the other will be 6,901.5 square feet.

Property owner Heman E. Montoya submitted the variance permit. His plan is to build two, site-built, one-story homes.

At the October 21 council meeting Planning Commission Chairman Michael Huck explained to council members the steps taken to reach this point in the process. Huck said two planning meetings have been held.

“We had a special meeting in September where we mainly discussed the plans and the dividing of the property and the shortage of square footage and the variance request,” he said. “Mr. Montoya had mailed out, to the adjacent property owners, ... a copy of the variance (permit) and a request to reply in writing whether they approved or did not approve of the smaller property lot size.”

As part of the variance process, the individual applying for the variance must get written approval from adjacent property owners and/or residents. Mr. Montoya told planning commission members he had spoken to the property owner behind him, explaining his plans and problem with the square foot requirement. According to Mr. Montoya the neighbor didn’t mind but he would have to speak to his wife.

The letters were sent by certified mail. Since no responses had been received by the September special planning meeting, the variance request was tabled until the regular October meeting.

Huck then proceeded to report on the results of the October meeting.

“And at that time, he (Mr. Montoya) came back with some of the certified mail cards signed, which means that someone came (to post office), picked it up and took the letter,” Huck said. “He also received some letters returned that no one picked up or signed for.”

While no one mailed-in any comments, one comment was hand-delivered to City Hall. It’s that comment that has caused some confusion.

Huck said the filled out form was delivered to, “City Hall here the day before our (Special) September (Planning) meeting and I received it at the September council meeting (one week after the planning meeting). And in there she had circled disapproved. But in the section where she was supposed to write the address of the property being divided, she wrote her address.”

This was the wife of the neighbor Mr. Montoya had spoken to prior to the September planning meeting. Huck said he sent Mr. Montoya a copy of the response and suggested he speak to the neighbor to verify their position on the variance request.

“The first time I spoke with him, it was just a verbal communication,” Mr. Montoya told council members at the October council meeting. “We talked. I'll (sic) explain to him what I was trying to do. And he said he didn't have any problem with that. At that time, I was, you know, trying to get him to sign the letter, just stating that. And he said he would wait for his wife to look over it also. But at that time, it was, in my understanding, it was fine because he said it would be fine. But then later, that's when they brought, they had dropped off the letter (to city hall).”

Mr. Montoya says he also spoke to the wife who told him she didn’t take the response letter to city hall.

“[S]he's the one that said that she didn't,” Mr. Montoya said.

“So our recommendation was written based on what we knew as of the October meeting, which was no one (the other neighbors) had sent in anything,” Huck told council members. “And, Mr. Montoya had spoken to, he had spoken to the neighbor, the husband who said” (it was fine).

What was unknown is that a complaint would be filed the day after the October planning meeting with the Alexander Police Department. David Ralston, and his wife Amanda, own the property behind the Montoya property. The complaint, filed by David Ralston, was included with other council meeting documents made available the Thursday before the October 21 council meeting.

The complaint has two key statements.

In one portion of the statement Mr. Ralston says, after receiving Montoya’s letter, his wife went to city hall for more information and was told, “Heman was trying to build a duplex rental property.” The word “Duplex” does not appear in the Variance Permit, which was sent to adjacent property owners/residents.

He ends the complaint stating, “I, David Ralston do not agree for any commercial and/or residential rental to be built on that property.”

For now, Mr. Montoya plans to build one of the single-family homes for his son. As for the second house Montoya said, “I might build it and sell it.”

Aside from the shortage of square feet, Huck noted the construction of the two houses will meet all other zoning requirements. Each lot will be the minimum 60-feet wide, each house will be within the setback measurements and they will not exceed the 40-percent maximum size limits. Zoning requirements limit the combined square footage of structures on any one lot to 40-percent of the lot’s square footage. Each of the houses on the smaller lots will be 28.3-percent and 28.38-percent.

With the progress report out of the way, it was Mayor Crystal Herrmann who spoke up first. If the variance is approved she is concerned there will be a rush to divide lots in south Alexander.

"[W]e'll have a lot of folks wanting to split their lots and double it," Herrmann said.

Later in the discussion, Council Member Joy Gray expressed a similar concern.

“If we say yes to this one, then what's stopping everybody from wanting to divvy up (their lots),” Gray asked.

“So that's the great thing about the variance, is that it goes through this process each time,” said City Attorney Chris Madison. “And each one of them is reviewed on their own merits. So if I were to come in and only had a hundred foot (wide) lot and try to divvy it up, you can only have 50 foot frontage and say, you know, this thing is (suppose to be) 60 foot. It's got to be 60 foot. And you can say no.”

Most of the remainder of the discussion revolved around replacing what is currently on the single lot with two site-built homes. On the lot now appears to be a mobile home, era 1970s when the subdivision was under development. There is also a shed appearing of similar age.

“So he'll be replacing the trailer,” said Council Member Angela Griffin. “I see a shed on here.”

“There's a shed,” said Montoya. “Yes, that would be removed too.”

“My one concern, honestly, is the sewer system at the same with the duplex,” said Herrmann.

The duplex the mayor is referring to is currently under construction at the corner of Alton and South Alexander Road. The construction permit was allowed because duplexes were listed as “Uses Permitted by Right” in the “Mixed-Use Residential District (R-2.MU).” “Duplex” has since been removed from that zoning designation. Anyone wanting to build a duplex in that zone must now go through the rezoning process.

The Saline County Waterworks Sanitary Sewer (SCWSS) Public Facilities Board provides water and sewer service to south Alexander. New connections are being accepted until SCWSS receives a report from the Arkansas Division of Environmental Quality (ADEQ) concerning the sewer plant’s current capacity to operate within ADEQ’s safety requirements.

The current lot already has a water and sewer connection. If the lot is divided into two lots the additional sewer connection needed has already been approved.

Griffin asked, “How much space is it in between (the two houses)?”

“In between the two houses, it's eight feet from the house wall to the property line, and then it's eight feet from the property line to the next wall,” Huck said. “And then the far left, it's a 10 foot drainage.”

As it appeared the council was getting close to a vote, Huck explained one more step required. If the council approves the variance a public notice must be posted in the five designated locations in the city. The public notice explains the variance request and gives city residents/property owners 30-days to comment. The 30-days ends at the end of the business day November 20. Comments must be delivered or mailed to city hall. If there are no further comments the variance automatically goes into affect.

“So if somebody were to object in the 30 days, then council has the opportunity to review those objections again,” Madison said.

“I guess so, yeah,” Huck responded.

The public notice states;

“All parties in interest may notify the Planning Commission of their views on this matter by letter mailed to;

City of Alexander Planning Commission
PO Box 610
Alexander, AR 72002.”

The Variance Permit may be viewed at the Alexander Municipal Complex (City Hall);

15605 Alexander Rd. (Hwy. 111)
Alexander, AR.

Before the vote Griffin said, “I think I would prefer looking at homes than at duplexes or trailers.”

When asked about having Saline County redraw the property lines Huck said once the 30-day comment period has expired, and the variance goes into effect, as Planning Commission Chairman he will sign the subdivision plat. Mr. Montoya will then be able to take the plat to Saline County and they will add the new property line. This will also result in two parcel numbers.

Voting “Yes” were council members Joy Gray, Angela Griffin, Joe Pollard, Mitchell W. Smith, and Juanita Wilson. Voting “No” was Council Member Gina R Thomas-Littlejohn. Council Member Tony Staton was absent for the entire meeting and was counted as a “No” vote. Council Member Harold Timmerman was present at the beginning of the October 21 meeting but left shortly after it began, so was also counted as a “No” vote. The final vote count was five “Yes” and three “No.”




Tuesday, October 15, 2024

Three races on Alexander ballot; Early voting begins Monday

Alexander voters are being asked to choose two council members who will serve the next two-year term. In the Saline County portion of the city, voters are being asked to select their State Representative for District 81. The current office holders, in all three positions, are seeking re-election.

Early voting in Arkansas begins Monday, October 21. Alexander residents will be able to vote in different locations depending on whether they live in Pulaski or Saline counties. A list of early voting locations provided at end of article.

Only two Alexander council members on ballot

Two members of the Alexander City Council drew opposition in this year’s General Election. Incumbent Harold Timmerman is being opposed by Dan Bates. Timmerman represents Ward-3 Pos-1 on the council. Incumbent Juanita Wilson is being opposed by Trevis Bentley. Wilson represents Ward-4 Pos-2 on the council.

A questionnaire was Emailed, or sent by text, to the four candidates. Some of the answers came directly from the candidate, while others are based on answers from previous elections, or both.

Questions asked of all the candidates are:

How long have you lived at your current address?

Have you lived any place else in Alexander, or the area formerly known as Woodland Hills?

How long have you held your current position on the council?

Have you served on the council before? If so what Ward/Position? Have you ever held other similar elected positions before?

Are you employed, own/operate a business, or retired? (If employed provide the name of the company you work for and what you do. If you own a business provide name and location of business.)

If retired who was your previous employer/company and what did you do there? What in your employment history has been beneficial in serving in the office you currently hold?

For candidates who have never served on the council, this additional question was asked.

Why are you running for office?

The information provided below includes the city council seat, the ballot position of the candidate and how their name will appear on the ballot.

WARD-3 POSITION-1

Ballot Position #1

Daniel L. Bates

"I have lived in Alexander (Woodland Hills) for 37 years," Bates said. "I spent the first 3 years in Little Rock."

Describing his employment experience Bates said, "I work for Anderson Engineering Consultants Inc. (formally Anderson Engineering & Testing Company), now for over 40 years. I'm an Engineering Technician having worked in the field and laboratory (now just laboratory) inspecting & running tests on construction materials such as soils, concrete, asphalt, steel and geotechnical samples."

"This is the first time I have run for office," Bates said. "As I have gotten older and nearing retirement I felt it was time to start giving back to the community any support that I can."

Bates said he will be able to bring his work experience to the council. "I have a (sic) understanding of construction projects and can read civil / structural drawings and testing requirements which may be beneficial."

Ballot Position #2

Council Member Harold Timmerman

Harold Timmerman was first elected to the council in 2016 after defeating incumbent Andrea Bearden in a run-off election. He has served since January 1, 2017 and has been unopposed in subsequent elections until now.

Listing his past life experiences Timmerman said, “I earned my pilot’s license at the age of 12, by 17 I had over 5,000 hours flying as a crop duster, served in the Navy as a pilot for 30 years,” (combination active duty and reserve), “came out of Viet Nam as a Quad Ace (20 verified kills), was a law enforcement officer in North Carolina over 20 years, sports official (various sports) for 45 years, always been a busy person.”

Timmerman said, “I’ve lived in Alexander for 19 years, flying an airplane you need to make instant decisions, never late, honest and trustworthy."

[Information for this section is based on The Alexandrian election archives and has been updated.]

WARD-4 POSITION-2

Ballot Position #1

Juanita Wilson


Council Member Juanita Wilson has always lived at her current address since moving to Woodland Hills in
July, 1978. At the request of a majority of property owners, Woodland Hills was annexed into the City of Alexander in August 2006.

For nearly 25 years Wilson was employed as an Over-The-Road truck driver and held a Commercial Driver’s License. She had to leave that job to take care of her ailing mother until she passed away about two years later in 1998. She began working in home health care in 2000 and eventually retired in 2016.

Wilson says her work experience has provided her, “[C]ommon sense, ability to work hard, and [I] put it all to use when I became a council member.”

Wilson defeated incumbent Andy Mullins in the 2012 election to represent Ward-2. Mullins was elected in 2010 and served from January 1, 2011 to December 31, 2012.

Wilson first took office on January 1, 2013. During the 2013/2014 term on the council, Wilson became a Certified Municipal Official under the Arkansas Municipal League program.

In the 2014 election Mullins took back his seat from Wilson. In the following 2016 election Wilson returned to defeat Mullins again.

Prior to being elected to the city council in 2012 Wilson had not held any other elected position. In 2018 she was appointed by Mayor Paul Mitchell to serve as the council’s voting representative on the Alexander Planning Commission.

Since January 1, 2015 Wilson has served on the council for the Ward-2 Position-2 seat. Because the 2020 Census showed wards were unevenly represented, the ward lines were redrawn. Wilson completed the 2021-2022 term serving in the Ward-4 Position-1 spot. In the 2022 General Election she ran for the Ward-2 Position-2 seat against April Cotton. She defeated Cotton and has served in the Ward-2 Position-2 seat since January 1, 2023.

Wilson says she wants to do what’s necessary to keep and attract good employees and provide additional services desired by residents, but everything has to be funded.

[Information for this section is based on The Alexandrian election archives and has been updated.]

Ballot Position #2

Trevis Bentley

[Did not respond to questionnaire.]

STATE REPRESENTATIVE DISTRICT 81

Ballot Position #1

City Council Member Gina Thomas-Littlejohn

Party-Democratic


Gina Thomas-Littlejohn is a resident of Alexander, Arkansas and has lived in the St. Joseph’s Glen Subdivision for the past 19 years.

Thomas-Littlejohn owns and operates a delivery business called “G Deliver-7.”

Prior to her running in the 2022 race for a seat on the Alexander City Council, Thomas-Littlejohn had never held an elected position. She defeated Incumbent Council Member Lonny Chapman.

During her run for the city council she touted her business experience as a plus for serving as a council member.

“I have a lot of management experience and I think with that experience it will help run the administration,” she said.

Before completing her first two-year term as a council member, Thomas-Littlejohn decided to not seek re-election but to run as a Democrat for State Representative in the predominately Republican District 81. Saline County is part of District 81.

[Information above, provided by The Alexandrian archives, has been updated. No additional information concerning this election has been provided by the candidate.]

Ballot Position #2

State Representative RJ Hawk

Party-Republican


RJ Hawk (R) is a member of the Arkansas House of Representatives, representing District 81. He assumed office on January 9, 2023. His current term ends on January 13, 2025.

RJ Hawk was born in Midland, Texas. Hawk graduated from Athens High School. He earned a bachelor's degree in mass communications from the University of Central Arkansas in 2008. Hawk's career experience includes owning Hawk Media Solutions and working as a Realtor with Clark & Co. Besides his experience in Realty, as a radio talk show host, and a sideline reporter with the University of Central Arkansas; he has also been affiliated with the Bryant Chamber of Commerce.

In a statement released to The Alexandrian Hawk said, "For the past year and a half, I have either sponsored or co-sponsored bills that became law to reduce the state income tax as well as increase the homestead tax credit. All this was done without cutting one service to Arkansans. In return, this put more money in Arkansans pocket. When I was elected, I made a promise to cut wasteful spending, improve the safety of our communities and protect our individual liberties. In my first term, I followed through with all those promises."

"If re-elected I plan to continue serving the people of District 81 just as (I) have in this previous term, with action," Hawk continued. "We must continue to make our children a priority when it comes to their education and we have to continue to make it easier to run a business in our state. Another big priority for this next term is to create a reserve fund to help our communities, especially the towns in District 81, with the funds to keep up with their water infrastructure needs."

Hawk concluded, "On November 5th, I hope the people of District 81 vote for me to continue to serve them in Little Rock."

PULASKI COUNTY EARLY VOTING LOCATIONS AND TIMES:

MAIN EARLY VOTING LOCATION

Pulaski County Regional Building
501 W. Markham St., Little Rock

Dates and Time:

Monday, Oct. 21st – Friday, Oct. 25th ~ Hours: 8:00 a.m. to 6:00 p.m. ~
Monday, Oct. 28th – Friday, Nov. 1st ~ Hours: 8:00 a.m. to 6:00 p.m. ~
Saturdays Oct. 26th and Nov. 2nd ~ Hours: 10:00 a.m. to 4:00 p.m. ~
Monday, Nov. 4th ~ Hours: 8:00 a.m. to 5:00 p.m. ~

~ NO SUNDAY VOTING ~

ADDITIONAL EARLY VOTING LOCATIONS

New location - Dunbar Recreation Center - 1001 W. 16th St, Little Rock;
John Gould Fletcher Library - 823 Buchanan St, Little Rock;
Jacksonville Community Center - 5 Municipal Dr, Jacksonville;
Dee Brown Library - 6325 Baseline Rd, Little Rock;
Adolphine Fletcher Terry Library - 2015 Napa Valley Dr, Little Rock;
Jess Odom Community Center - 1100 Edgewood Dr, Maumelle;
Roosevelt Thompson Library - 38 Rahling Cir, Little Rock;
Hillary Clinton Children’s Library - 4800 W 10th St, Little Rock;
First Christian Church of Sherwood - 2803 Kiehl Ave, Sherwood;
Sidney S. McMath Library - 2100 John Barrow Rd, Little Rock;
William F. Laman Library - 2801 Orange St, North Little Rock;
Shorter College - 604 N. Locust St, North Little Rock;

Dates and Time:

Monday, Oct. 21st – Friday, Oct. 25th ~ Hours: 8:00 a.m. to 6:00 p.m. ~
Monday, Oct. 28th – Friday, Nov. 1st ~ Hours: 8:00 a.m. to 6:00 p.m. ~
Saturdays, Oct. 26th and Nov. 2nd ~ Hours: 10:00 a.m. to 4:00 p.m. ~

~ NO SUNDAY VOTING ~

~ NO VOTING ON MONDAY, NOVEMBER 4TH AT THESE LOCATIONS ~

SALINE COUNTY EARLY VOTING LOCATIONS AND TIMES:

Benton Vote Center - 221 N. Main Street Benton
East End Baptist Church - 4701 East End Road Hensley
New Life Church - 4200 AR-5 Bryant
Owensville Baptist Church - 22000 AR-5, Lonsdale

Dates and Times:

Monday-Friday: Oct. 21st – 25th ~ Hours: 8:00 a.m. - 6:00 p.m. ~
Monday-Friday: Oct. 28th – Nov. 1st ~ Hours: 8:00 a.m. - 6:00 p.m. ~
Saturdays, Oct. 26th and Nov. 2nd ~ Hours: 10:00 a.m. to 4:00 p.m. ~

NOTE: On Saturday, Nov. 2nd the hours at East End Baptist Church will be 12:00 p.m. – 4:00 p.m.

~ NO SUNDAY VOTING ~

Saturday, October 12, 2024

Alexander Planning Commission sends two recommendations to city council

The Alexander Planning Commission has sent two recommendations to the city council, giving them the final say on two issues. One is the approval of a variance request for property at 14916 Regency Drive. The other is approval to allow the Bryant Church of Christ to begin construction, on a church at 100 Cornerstone Drive, before receiving approval for the sewer connection.

Property owner Heman E Montoya wants to take one large lot, divide it into two and build a single-family site-built home on each as rental units. The lot is located at 14916 Regency Drive in south Alexander. It sits at the corner of Regency Drive and Charles Street.

Under the proposal the width of the property will be divided into two; from 120-feet to 60-feet for each lot. Under Alexander zoning the minimum allowable frontage width is 60-feet.

However, the minimum lot size allowed is 8,000 square feet. Splitting the lot leaves one half with 6,916.5 square feet and the other will be 6,901.5 square feet.

Montoya has submitted a Variance Permit requesting a waiver on the 8,000 square feet minimum. The process includes sending notification letters to adjacent property owners, and residents, asking for, "written consent from any adjoining property owner affected."

At the October 8 Planning Commission meeting, Montoya reported that he received signed certified mail cards for some of the letters, which means the letters were picked up. The remaining letters were returned to Montoya. He did not receive any of the pre-written response letters declaring their approval or disapproval. This issue was tabled at a special September 10 meeting due to the delay in receiving the written responses.

Planning Commission Chairman Michael Huck reported he did receive one response given to him during the September 16 city council meeting. Huck said the way the pre-written letter was filled out, "I'm not exactly sure if she (property owner) read it correctly. [O]n the one hand she, she circled 'disapprove.' Okay, but where she should have written the address of his (Montoya's) property, she wrote her address."

Huck said he sent the letter to Montoya to give him the opportunity to discuss the variance with his neighbor.

Relaying to commission members what Montoya said in an Email exchange between himself and Montoya, Montoya said in the Email, "[S]he denied even sending the letter back disapproving."

Continuing to explain the conversation he had with his neighbor, Montoya said at the October meeting, "Well, I was like, could you write something down for me like give it to me in writing. And she just said, I can't do it right now. And I'll stop by city hall and talk to them either Friday or Monday."

"I asked her because I had talked to her husband before even all this (sending the letters)," Montoya continued. "That's why it surprised me. ... I sent the letter because he told me he didn't have any problem that when his wife got there, he would fill out the letter and send it back. But that they didn't have a problem with it."

Nothing had been received as of the October 8 meeting.

Since none of the adjacent property owners or neighbors submitted written approval or disapproval, Planning Commission members found themselves in a corner. They decided to proceed with the next step, sending the variance to the city council with a written recommendation to approve the variance.

In a roll call vote planning commission members Jennifer Plunkett, Juanita Wilson and Huck voted to recommend the city council approve the variance and post the public notice for 30-days. Council members Stephanie Beck and Tonya Prowse were absent.

If the council approves the variance, the posting of a public notice is required giving Alexander residents 30-days to respond. If no one submits written disapproval the variance goes into effect automatically. The city has five locations where public notices are posted; City Hall, the Post Office, the Mobil Station at I-30, Elmo's, and the Saline County Water and Sanitary Sewer Facilities Board Office at East Azalea and South Alexander Road.

Alexander Planning Commission members took another unusual step by voting to recommend the city council approve construction of a new church building and leave approval of the sewer connection until early 2025. The Bryant Church of Christ has purchased property at 100 Cornerstone Drive, across from the Circle K along Highway 111. The church currently rents a building at 9500 Highway 5.

The proposed building size is 60 feet by 90 feet. Inside construction plans include five classrooms, an office/audio video room, library/office/workroom, nursery, rest rooms, pastor room, dressing room, baptistry, preparation room, and a sanctuary with seating for 105. In front of the church is planned an asphalt paved parking lot with 22 regular parking spaces and three handicap parking spots. The front of the church will face Highway 111.

After reviewing the plans Fire Chief Ryan McCormick noted either missing information, or suggested additions to the construction plans. Requested improvements include adding a fire hydrant at the west driveway, widening the east driveway from a 20-feet radius to 25-feet, adding fire lane markings, placing an emergency key box at the front door, and include the use of panic hardware on exit doors. McCormick also asked for the width of hallways and the type of seating in the sanctuary to be included.

The main focus, however, concerned getting approval to connect the building to the Little Rock Water Reclamation Authority (LRWRA). LRWRA provides sewer service to the Pulaski County portion of the city and that portion of Saline County, in north Alexander, along the Pulaski County line.

Normally, the city council would approve the construction of a building and the connection of the sewer line to the LRWRA system at the same time. A letter is then submitted to the LRWRA approving the requested sewer line connection. However, the current contract between Alexander and the LRWRA is keeping the city from approving new connections.

"The current contract required us (Alexander) to write new zoning and a master development plan," Huck explained. "We've done all of that. [T]he (current) contract says we can't do anything else (no new connections) until we" complete those two requirements.

Currently, City Attorney Chris Madison is negotiating a new contract with the LRWRA. The new contract will eliminate the zoning ordinance and master plan requirements and tighten other language in the current contract.

The expectation is a contract should be available for approval by January. It must be approved by the Alexander City Council, the LRWRA and the Little Rock Board of Directors.

Church officials want to begin construction before winter begins.

"The council could ... approve the church being built, which would give city hall the authority to issue the building permits," Huck suggested.

The plan is to allow construction to proceed while the new contract is going through the writing and approval process. Huck said when the contract is in effect the planning commission can meet again and vote to recommend approval of the sewer connection.

In a roll call vote planning commission members Jennifer Plunkett, Juanita Wilson and Huck voted to recommend the city council approve construction of the church providing all of Fire Chief McCormick's concerns are met. Council members Stephanie Beck and Tonya Prowse were absent.

The Alexander City Council's next meeting is Monday, October 21 at 6:00 PM. Meetings are held in the courtroom at the Alexander Municipal Complex (City Hall).