The Marked Tree City Council decided in a special meeting Wednesday, April 30 to table the approval of a contract to buy three pieces of land from E-Ritter and Company. Council members asked Mayor Dixon Chandler to renegotiate the terms of the contract with Ritter to ensure the city is only committed to buying the first piece of land.

The purpose of the special called meeting was to review and make a decision on the contract to buy the land.

"All we lack is getting the land, then we can get started on building the park," said Mayor Dixon Chandler at the beginning of the meeting. "We have the contract to buy the land the tax was passed for. The only thing we need tonight is to make a motion to buy the land and approve it. Your next job will be how to put what we want in the park. But we can't do anything until we purchase the land."

Several city council members had questions about the contract with E-Ritter and Company.

The contract in question is for three pieces of land broken into three tracts. The first tract, which will be purchased immediately if the contract is approved, is the 60 acre site behind Barton Ag Center which will be used to construct a sports recreational complex. The second tract is the Cypress Park Horse Arena, which according to the contract, should be purchased by the city in July 2011. Tract three is the site where the existing baseball fields are, and it would be purchased by July 2013.

The cost of tract one is $220,000 with combined costs of tracts two and three being an additional $220,000 for a total land cost of $440,000.

"My question is if we buy tract one and we default on tracts two and three or by some means we can't afford to pay for it down the road, do we lose tract one as breach of contract or what," asked alderman Michael Scott.

"They could seek the title back from us for tract one and they would have to refund our money," said Mike Dabney, city attorney, who was on hand to answer legal questions about the contract. "They have that option. By 2011 we'll have ball fields and a park there. That becomes a real serious issue at that point. What will we do if we have to deed tract one back? I feel like they would be responsible to pay us for the value of the improvements."

"What about the grant," asked Alderman Waylon Dunn. "Who would be responsible for paying that grant back?"

Dunn's question comes in reference to a $220,000 grant the city is expecting to receive from the Arkansas Department of Parks and Tourism to help with the cost to purchase the land.

"I don't know," Dabney said. "That's a good question."

At this point in the meeting, Dunn asked to read a letter given to him by the Marked Tree Youth Sports Board. The letter said the group wished to clear up a lot of rumors about the park and their position.

"We want you to know our true position because we feel that we played a vital role in the getting the tax increase [to fund the park,] on the ballot and campaigning to pass the tax," the letter said.

The board also said in their letter they felt it would be wrong to build a sports complex without the right infrastructure to sustain the park economically.

"We feel that infrastructure needs to be four quality built playing fields that have good lighting and underground irrigation," they said.

The committee asked that the council to put the four fields first above other items such as the splash pad and playground equipment which could be added at a later date as funding became available.

"We hope for the property behind Barton Ag Center to be where the fields are built, but not at the cost of losing fields," they said.

The board said they felt like they had been left out of much of the decision making process.

"We were told we would have significant input, and we have not," they said.

The letter posed a question to the council, asking if all options for construction sites had been considered.

"Did we explore all our options," asked Dunn. "How do we know what we can afford when we really haven't seen any figures on what's going in the park?"

Chandler sad he felt the last council meeting with engineer Mike Cameron was clear about the estimated figures.

"He showed us the figures and we know we can't afford everything at once," Chandler said. "But that's a decision to make after we own the land. Then you will decide how you want to build the park and what you want to put in there."

"But those are just floating figures," Dunn said.

"Well, we can't get concrete numbers until we let bids," Chandler said. "And we can't let bids until we own the land."

Alderman Cleo Johnson, Jr. expressed frustration over the city's proposed purchase of Cypress Park.

"Does the city have to purchase that horse arena land," he asked. "It's worthless land to me."

Mayor Chandler said he felt the land was not worthless.

"Civic clubs have made more money out of Cypress park than anyone has made out of baseball fields," Chandler said. "That place is used."

"I don't buy that," said Dunn. "Do you have facts to back that up?"

"I have eyes," said Chandler. "And I see it being used all the time."

Alderman also discussed liability issues with the use of Cypress park if anyone gets hurt while there. They suggested guidelines should be put into place if the city is in fact required to buy the land.

"I hate to say this because I don't have it in writing, but I was told that if the City of Marked Tree has a bad economic downfall we would not be held to tracts two and three," Chandler said.

"I still don't see how we can afford it," said Dunn.

"Waylon, you are a council member and you've seen the same figures as I have," Chandler said. "I don't have a vote. If you want to cut this thing in half you can."

Alderman Michael Scott said he was also worried about the city's financial future.

"As city council members we're not here to single anybody out, embarrass anybody or try to make it look like shady deals are going on," he said. "We're in it for the interests of the citizens. But we've let this thing get way out of hand."

Scott pointed to the city's existing bonds including a $1.2 million bond for a new water tower and a $700,000 bond for water and sewer improvements. These are in addition to the city's new $2 million bond for the sports complex.

"That's $4 million we're putting our city in debt," Scott said. "And that scares me to death."

Scott asked if the city could go back and renegotiate with Ritter to buy just the one tract of land for the complex.

"With hidden costs we're taking about a $3 million sports complex," he said. "I don't know where we're going to come up with that money. If you can prove to me we've got it, then you've got my support."

City clerk and treasurer Pam Wright said she also felt frustrated with the process.

"I know these youth sports people have been coming to the council meetings for several years," she said. "They've done everything they were asked to do. They asked the engineer for two plans for the sole purpose of bringing an option back to the council to see what we could afford. We were told the property would be given to us."

Wright also said as city treasurer she would legally have to hold the funding aside necessary to purchase the other two tracts of land as the contract says.

"We want a new park, but we need to look and see if we can afford it," she said. "I have too much integrity to write hot checks to these people in two years."

Wright also said she was impressed with the youth sports group, saying they were not selfish but looking for ways to build something the city can afford.

"I don't want another year of dealing with them [Ritter]," Chandler said. "They've been good to us. To me, this is not a bad deal."

The council voted unanimously to table the approval of the contract, asking Chandler to reopen negotiations with Ritter. The council will look at the issue again during its regular meeting at 6 p.m. Monday, May 12.