The Sidewalk to Nowhere

"To learn, you have to listen. To improve, you have to try." ~ Thomas Jefferson

There is a "pink" sidewalk on the other side of 49, but it is already aging and needs repaired or replaced.  In addition rumor has it that it is not ADA compliant. The sidewalk to nowhere project thus persists without community support and no plans to tie the sidewalk to areas where the majority of residents live!  This grant appears (although there is no proof to date) to have originiated with Civil Southeast, rather than the Town or Town Council.  Ever since it became public it has been an effort to push a square peg through a round hole.  Had the project been initiated by the citizens or local government in conjuction with the citizenry, most of these difficulties could have been eliminated. 

A public referendum should be held and the ENTIRE Town should decide if sidewalks should be placed THROUGHOUT the entire Town.   With the recent Comprehesive Plan Survey 80% or repondents voted to keep the Town as is - rural and charming.  Sidewalks probably don't fit that vision. 

Update 10/1/23:  Sidewalk Project Officially Delayed!  The drainage issues have now come to the forefront.   The same engineer from Civil Southeast, Allan Killen, that insisted the sidewalk would make no difference in the drainage issues has now recommended he Town apply for another grant of $185,000 to "fix" the drainage issues on Gates Avenue and Old Marlow.  A resolution is pending before the Town Council for the October meeting to approve this.  The Town contribution will be $45,000.  Construction would not begin before the first of the year. 

On another note the issue of paving around Town was discussed at the most recent Town Council Meeting.   Much discussion ensued about paving on Oak Street (of course).  There was concern from Councilmen that topping Oak Street (1 1/2 to 2 inches) would increase DRAINAGE problems at that these should be addressed before considering paving.  Funny how it works on Oak Street, but no on Gates, Old Marlow, School, or Magnolia.  The residents on this side are told they will have a sidewalk, wanted or not, but the folks on Oak St. will have a discussion about drainage issues, whether the paving machine might damage the Oak trees, obstruction to traffic flow, etc.   Quite the double standard if you are an outsider (or othersider). 

Update 8/30/23: Rumor has it that the bid process is on hold pending further intervention  regarding the drainage issues!  No public announcement has been made, but this comes from a reliable source with direct knowledge of the situation.   A small victory for the little people (and the Othersiders).   The people of Old Marlow Rd, School St, and Magnolia Ave will all be updated regarding the proposed sidewalk project. 

Council Meeting 8/22/23.  Presentations by three Gates Avenue residents regarding the sidewalk issue.  Alan Killen, Engineer with Civil Southeast, LLC basically dismissed their concerns.  The Mayor stated the project will go out for bids on 8/23/24......The Town has the "right" to take down the property owners trees, shrubberies, fences, etc.   Concerns over storm water management, runoff in the Magnolia River, location and use of the proposed sidewalk were also dismissed. The voices of 6 overrule the voices of the many and property rights are trampled upon, all with no communication in a  town of at most 700 residents.   You would think the elected officials could talk to every single concerned or affected citizen in such a small community.   

"Who will govern the governors? There is only one force in the nation that can be depended upon to keep the government pure and the governors honest, and that is the people themselves. They alone, if well informed, are capable of preventing the corruption of power, and of restoring the nation to its rightful course if it should go astray. They alone are the safest depository of the ultimate powers of government." ~ Thomas Jefferson

The rumor about Town is that the Town has applied for and received a grant to build sidewalks.  Apparently one sidewalk is to start at Highway 49, travel the south side of Gates Avenue heading East, cross over Gates Avenue at the corner, and continue on to Route 98.   It is apparently to be five feet wide, with 15 foot cement aprons at all driveway.   A second sidewalk to travel from Highway 49 along the south side of school street then along the east side of Magnolia Avenue to Route 98.  This sidewalk will also be 5 feet wide and have 15 foot cement aprons at all driveways.  There are to be crosswalks at Highway 49 at both sidewalks.

 No survey has been taken of the Town residents, and in particular  not the people that live or own property on Gates Avenue, Old Marlow Rd, School Street or Magnolia Avenue.    Mayor Kim Knoiar's answer was "you should come to the council meetings if you want to know.  It is not our job to get the information to you".  Of course this type of passive approach to government is a way for a few to make decisions (that are good for them) for the many.  A quick survey of 1/2 of the homeowners on Gates Avenue would suggest this is not a welcome project.   Not ONE of the people asked was in favor of this project.   

The entire council, and Mayor, agreed to this project in November of 2022.  Civil Southwest, LLC has been hired as the project engineers.    The estimated cost of the project is more than $485,000 with Magnolia Springs contributing $98,000.  One very important part of Alabama Department of Transportation Transportation Alternative Development grants is community support for the project.   This was not obtained in this case. 

There are lots of questions, and no answers:

1.   Who decided a sidewalk was needed on Gates Avenue, Old Marlow Rd, School Street, and Magnolia Ave?  There is a suggestion that the engineer from Civil Southwest, Allan Killen, suggested the Town apply for the grant.  Is this the tail wagging the dog?  Who really benefits?   Certainly Civil Southwest for one. 

2. Why 5 feet wide?   Golf cart race track?  Why not a bike path, a golf cart path too?

3. Why Gates Avenue, Old Marlow Rd., School Street, and Magnolia Avenue and not Oak Street (where the majority of people walk with their dogs, kids, friends, and family?  Most of the council members live on Oak St. and they do not want a sidewalk on their street?  It OK to damage the roots of trees and Azealia's on Gates Avenue, but not Oak Street?  The Comprehensive Plan even suggests a walking path on Oak Street.....

4. Why Gates Avenue and not Village Green, with a higher population and lots of kids with bikes, babies in strollers, etc? Because  the Mayor lives in Village Green?  There is already a sidewalk the runs from the gas station at Highway 49 and runs to Village Green.  Why not extend and connect that sidewalk?

5. Why the South side of Gates, and not along the City owned Park, where people might actually use it?  The Mayor says the Life Flight helicopter might need to land, but would it not be handy to have a sidewalk to get the injured to the helicopter?   Helicopters land in parking lots and on roof tops, but it is somehow dangerous to have a sidewalk nearby?  No logic there. 

6. Why was there no notice for public opinion ? Maybe we don't want public opinion?  Why not directly seek opinion from the affected residents?

7. Did any of the 5 council members and Mayor actually talk to any of the residents on Gates, Old Marlow Rd, School Street, or Magnolia Avenue?

Here is the Freedom if Information Act sent to the Town.  To date no response has been ever been received.  The Town attorney, Bradley Hics, determined that only a "citizen" of Albama can obtain records, not a citizen of the United States. 

Town of Magnolia Springs

P.O Box 890

Magnolia Springs, AL 36555

Dear Sirs: 

This is a request for information under Alabama and Federal Freedom of Information Acts regarding the proposed sidewalk construction on Gates Avenue.  Please provide the following information:

1.  The complete proposal.  Include location, costs, designs.

2.  Public comments and any published bids regarding the same

3.  Engineer drawings of the proposed construction.

4.  Storm water management plan related to the proposed construction.

5.  Comments from Alabama Department of Transportation on the proposed project, or any other public utility or entity.

6.  Request for public bids placed or received.

7.  Grant monies applied for and/or received.  Include the original application.

8.  Other options for the proposed project - include other locations, uses for the grant money.

9.  Minutes from any Magnolia Springs committee discussing the proposed sidewalk project.

This is an urgent request, since it appears the project is moving forward.  Please provide this information as soon as possible but no later than 8/31/23.

Sincerely,

XXXXXX  X XXXXXXXXXX

This is yet another example of a government out of control.   A few elected persons have applied for a grant in the Town's name, chosen a place to spend the money that impacts residents of the Town and never asked a one if that is something they wanted!  Furthermore it affects the property (and property rights) of those involved.  While the Town does have a "right-of-way" along the local roads, the Town does not have the right to do whatever it wants in that right-of-way.   The land is still owned by the property it belongs to,  and thus the property owners.    Sidewalks are quite expensive to build, and more so to repair.

What can be done?

1. Contact you elected officials.  Everyone of them voted in favor of The Sidewalk Project.  Ask questions, demand answers:

Mayor:  Kim Koniar (now Ross Houser)

Councilmen:

Nick Shields

Ross Houser

Andrew Monaghan

Steve Mobley

Bob Turner

2. Attend the Town Council Meetings,  5pm, Community Building fourth Tuesday of the month.  Of course only three people are allowed to speak, and only for 5 minutes on any one topic.....

3.  Send a letter to the Town if you are not able to attend the next Council Meeting.  See sample below.

4. Contact your friends and neighbors and sign a petition.   

5. Write to the local papers.

6.  Elect new representatives.

7.  Contact ALDOT

8.  Contact the local representative  Jerry Carl (tel:+1-202-225-4931)

9.  Contact the state - State Senators, Office of the Secretary of State, State Governor's office, State Representatives (this is a state grant funded by federal highway dollars)