Nevada County Picayune and Gurdon Times Newspaper Archive

Legality of council meeting questioned

Action taken last week by the Prescott City Council may be void because the meeting appears to be illegal.

In the meeting the council apparently approved a resolution approving the bid for water and sewer line replacement along Highway 24 East, also known as East Main Street.

The FOI, reads, in part, In the event of an emergency or special meeting, the person calling the meeting shall notify the representatives of the newspapers, radio stations, and television stations ... of the time, place and date of the meeting. Notification shall be made at least two hours before the meeting takes place in order that the public shall have representatives at the meeting. This was apparently not done.

On Wednesday, Sept. 26, Prescott City Manager Billy House called The Nevada County Picayune office just after 5 p.m. to inform staff that a meeting was scheduled. However, the meeting was already in progress and was adjourned a few minutes later just as a Picayune staff member arrived.

A representative of the Arkansas Press Association said theres no doubt the meeting was illegal and said that its his opinion that the action taken in the meeting would therefore be void. There is no attorney generals opinion related specifically to this situation.

Another member of the APA agreed that it wasnt a legal meeting, and said its likely that the vote is therefore null and void.

They have to give notice, he said. The law is very clear on that.

Prescott Mayor Howard Taylor, despite the fact the meeting was apparently illegal, said there are no plans to hold another meeting to consider the council's action.

Prescott City Attorney Glenn Vasser said Monday that he wasnt aware of the issue and therefore had no comment.

Taylor said that he incorrectly dated the letter in the packets sent to board members. He said he intended to hold the meeting Sept. 27, but dated the letter Sept. 26. Taylor said that he realized his mistake when board members started showing up. He said that because there was a quorum present, he decided to go ahead with the meeting but realized that the Picayune had not received notice, prompting that phone call.

The council apparently approved a resolution approving the bid for water and sewer line replacement along Highway 24 E, also known as East Main Street. The project has come under fire recently from residents and property owners on that side of town who object to a plan by the Arkansas Highway Department to widen that stretch of Highway 24. At a public meeting earlier this year, several dozen people objected to the project, saying it was initiated by the city in the 1980s and that they felt it would negatively impact the aesthetic value of those homes as well as create safety hazards.

The resolution indicates that the city has approved the bid submitted by Co Bar Construction Company, Inc. of Little Rock for a total of just more than $513,000, based on a recommendation by Marlar Engineering. The resolution indicates that the bid is approved on the condition that the Arkansas State Highway Department will pay for all construction costs and funding for the project.

Taylor said that the state had opened the bids some two weeks prior to the special meeting on Sept. 26, but that the engineers had taken that intervening time to review the bids because of a large difference in the bottom lines of the two bids. The higher bid, submitted by KAJACS Contractors of Maumelle, was almost $750,000.

Informed of the FOI law requiring two hours notice for special meetings, Taylor said he doesnt plan to hold another meeting.

I had a quorum, he said, adding that hes already submitted the resolution to the state.

Seven of the eight-member council was present for the meeting upon adjournment. The Picayune was present only for the final moments of the meeting as members voted to adjourn, but heard none of the action taken.

Three of those members said they received a phone call from Prescott Police Chief Brian Russell between 4:15-4:30 p.m. indicating that their packets were on the way. Another said he received the packet just a few minutes before 5 p.m. with barely enough time to make the meeting. Councilman Gary Lowdermilk was not present.

Violation of the FOI is a misdemeanor which carries possible jail time and/or a fine of up to $200.