BELLA VISTA — After agreeing in a work session Sept. 11 to reject a counteroffer from the Property Owners Association regarding the purchase of three emergency services buildings, four aldermen voted the other way at the regular City Council meeting Monday night.
Mayor Frank Anderson presented a draft of a letter to POA General Manager Tommy Bailey stating the city would not accept the counteroffer to purchase the buildings in two installments over a period of 14 months. Instead, he wished to continue with the city’s original offer of paying for the buildings in three payments over three years.
Under both the city’s and Associations’s offer, the POA Membership Services would be allowed to remain in its current location rent free until Dec. 31, 2014, and no interest would be paid on the buildings.
Anderson said in the work session there is not much difference financially between making payments over 14 months and paying the entire amount up front.
Anderson’s letter said if the Association was not OK with the offer of three installments, they could choose instead for the city to treat the purchase as a “normal real estate transaction,” and would pay in one lump sum on a set closing date. Membership Services would be required to vacate the building prior to the date of closing.
Alderman Larry Wilson on Monday motioned to amend the mayor’s letter to instead say the city accepts the Association’s offer of two payments.
With no discussion, Alderwoman Becky Morgan seconded the motion.
“I was originally in favor (of the three-installment plan), but I realized we didn’t have all the information we could have had that would have been helpful,” Morgan said after making the second to the motion.
When asked by Anderson what that information was, she provided no specific answer but said she discussed the issue with POA Board members.
Alderman Allen King also said he talked with board members about the purchase.
Wilson is the brother of board member Linda Lefler.
The amended motion passed 4-2, with aldermen Dick Rooney and Jim Wozniak voting against it.
Regarding another issue that has been “kicked around quite a bit,” according to Alderman Jerry Snow, council members voted to waive the second and third readings and adopt an ordinance establishing a legal department within the city.
The ordinance was drafted when council members in July postponed a budget amendment allowing for the hiring of a full-time staff attorney. Morgan, in July, expressed concern about the council not having a say in who is chosen to fill the position, and suggested the city create a legal department that the staff attorney would head.
By state statute, department heads are appointed by the mayor, and that decision can be overridden by a two-thirds vote of council members.
Snow said Monday he didn’t “want to get into a veto situation,” as the attorney is going to be a “necessary adviser to everyone.” Instead he wanted the mayor’s “assurance that he will work with the council to fill that position.”
“It is not the council’s position according to state law to be involved (in the hiring),” Rooney said.
“I only asked he (Anderson) get our approval,” Snow said.
City attorney Bryan Vernetti said if the council was involved in hiring, the process must be done via public meeting in accordance with the Freedom of Information Act.
“Not if we do it in executive session,” Morgan responded.
Anderson said he has no problem involving the council. “I work with the council on every appointment,” he said.
By waiving the second and third readings, Anderson said he hopes to have an attorney hired by November in order to make a smooth transition by the time the city’s contract with Vernetti and Williams Law Firm expire at the end of this year.