Malia Riggs
Elmore Autauga News
The City of Prattville has reached a settlement with the ongoing lawsuit from BVCV or Ball Ventures High Point LLC that has plagued the last two Prattville City Council meetings.
The settlement approved includes the City of Prattville purchasing the property of the rezoning debacle along with a roadway connecting the said property.
The total price of the settlement and purchase of property comes to $5.6 million plus a closing cost of $75,000. Upon the purchase of said property, BVCV has agreed to dismiss the settlement.
This settlement is the result of the Prattville City Council rezoning the property in 2021. The property is located at Old Farm Lane South and Vista Point Boulevard, or “the land behind High Point,” and was rezoned from R-4, medium density residential districts, to B-2 general business.
This rezoning took place at the May 18th, 2021, Council meeting and was against the wishes of the private property owners, BVCV High Point LLC. The Prattville Planning Commission had also recommended against the zoning.
At the May 18th, 2021 Prattville City Council meeting, former council member Blair Gornto, former council president Jerry Starnes, current council president Lora Lee Boone and John Chambers all voted in favor for the rezoning ordinance of Old Farm Lane South and Vista Point Blvd.
Tuesday evening the council reached a 4-2 vote of approval of the settlement with councilman Marcus Jackson and councilman Michael Whaley against. Council President Boone, Chambers, Robert Strichik and Tommy Merrick voted in favor with councilman Albert Striplin absent.
“The funding for the purchase of the property comes from excess/surplus funds from fiscal year 2023. These funds were generated as a result of conservative budgeting of revenues and control over expenditures,” Prattville’s finance director Daniel Oakley said in an email statement.
According to the resolution that was read Tuesday evening, funding will be coming out of the general fund and the capital projects fund.
Before the vote, both Jackson and Whaley stated that they were torn on the litigation. Both stated they are not in favor of the settlement, but also don’t want to draw this out longer, and cost taxpayers more money in the long run.
“I’m torn on the resolution to settle the litigation with BVCV High Point. We spent a lot of time, effort and money, and asked for public input on a comprehensive master plan that this council adopted, and we’ve deviated from the plan resulting in pending litigation. I know that there are cases when we need to deviate from the plan, but I do not feel that it is wise to do so when the City Planning Department and Planning Commission have advised against it. I do, however, see this as an opportunity to relieve the tax -paying residents of Prattville from a self -induced liability that could result in a multi -million-dollar settlement with no real assets to show for it,” Whaley said.
Whaley went on to state that he is not in favor of the purchase of the property for any city use or project, and that he hopes that the city could sell it to a developer to help repay the taxpayers.
Jackson went on to agree with Whaley and apologized to citizens and taxpayers for allegedly not listening to the citizens.
“I think moving forward, whatever happens with this land, I agree with Whaley in that we need to get the taxpayers their money back and sell it (the land). It does not need to go towards the charter school, a museum, racetracks or any projects that have been discussed before,” Jackson said.
During both public comment portions of the meeting before and after all official business, citizens outwardly voiced their opinions of opposition for the rezoning, the litigation and settlement amount.
“Not sure which is more troubling, the lack of transparency in being able to see the resolution (in previous council meetings), or the failure to heed zoning advice, which cost the taxpayers $5 .6 million. I feel there were a lot bigger priorities that $5.6 million could have been used for … drainage issues, infrastructure, city sidewalks, road widening, traffic signals, like at my house, and storms. I hope it’s a lesson for the newer folks that are on board,” Prattville resident Dr. Gerald Cimis said in public comment.
Cimis did run out of time during his three minutes before the council, where Jackson did ask him to continue and Boone stated that there is a long agenda and stopped him at that time, asking if there were any further questions from the council.
Jackson went on to address Cimis and asked him if this was a win for the city. Cimis went on to state that no, this is not a win, and he found it miraculous that the city could find $5 million.
“I find it interesting that miraculously we find $5 million sitting in reserve from last year. When we have so many other needs, citizens have come up to the podium and addressed you and money is always an issue. But miraculously we come up with $5 million of excess money from previous years that’s found to buy this property. So no, I think it’s a big loss and it’s a shame,” Cimis said.
Other Prattville citizens outwardly spoke in opposition stating that the situation was questionable, appalling, devious and ridiculous.
The EAN will be reporting multiple stories concerning this overall meeting.
