The splash pad and public discussions surrounding it have created a fissure in the Pell City City Council.

On one side, Mayor Joe Funderburg and Council members Jay Jenkins and Terry Templin have successfully halted the project’s progress, albeit to their own dismay they said.

On the other, Council President James McGowan and Council members Dot Wood and Sharon Thomas have now seen their shared vision for the size of splash pad — and its tentative 2015 opening date — dissipate.

With neither side willing to concede, the Council was unable to overturn Mayor Funderburg’s veto of the splash pad project. Nor did they agree on a proposed revision to the plan. Whether the veto will stick remains to be seen, but the project, at the moment, is not moving.

Successful veto

During a special called meeting on March 17, Funderburg exercised his ability to veto both of the Council’s previously approved resolutions to award construction work for the splash pad at Lakeside Park. He said his primary objection was that of “extravagance,” namely a $168,000 central feature approved by the Council.

“I am not against the splash pad,” he said. “However, as I said, I feel this is going above and beyond the expense we discussed in the beginning, and at this time too many other projects require immediate attention.”

The vetoes needed a 4-1 vote from the Council to be overturned. Both votes were split 3-2.

In response to the vetoes, Jenkins offered the other side a deal — kill the central feature and move forward with the project. This would have brought the overall total of the project down to less than $900,000.

With a 2-3 vote, the deal was declined.

Veto legality

But, is Funderburg’s veto allowed under state law? City Attorney John Rea told the council he doesn’t think so, but Rea’s opinion doesn’t change the immediate outcome.

Under Alabama law, the mayor of a municipality with a population of more than 12,000 can veto resolutions and ordinances related to “permanent operation.”

“The question is, what is something of permanent operation?” Rea said. “The Alabama Supreme Court has said a resolution authorizing expenditure of funds to pave roads is not something of permanent operation and therefore not something that can be vetoed.”

The Council passed a resolution during the meeting seeking the opinion of Attorney General Luther Strange on the issue. Funderburg said when the opinion is returned he would likely adhere to it, but he wanted to see examples of laws that specifically proved his veto wasn’t allowed in this instance.

“If the mayor, be it myself or a future mayor, can’t utilize a veto for something as important as this to the community, I think it’s a useless position,” Funderburg said.

It is unclear at this time how long it will take to receive the opinion from the attorney general’s office.

Fiscal responsibility

During the meeting, the Council went back and forth over the issue of honestly representing the splash pad project to the public. Initial budgeting for the project was questioned heavily with no clear results.

Previous reports indicate that as the Council launched new capital improvement projects in the city, money was made available for them. During a meeting in February, Chief Financial Officer Paige Myrick told the council that the splash pad project is an offshoot of the Council’s swimming pool project.

The pool project was originally conceived in 2013. In 2014, Pell City floated a $5 million bond for work that included the project and during the year decided to focus on the pad instead of the pool. Funds were moved to accommodate.

The project went forward without an official cost estimate until January of this year, when the first official numbers suggested the project could cost up to $1.3 million. The Council voted to move ahead with soliciting the bids at this figure despite Funderburg’s urging to reduce the estimates.

Last week, during the same meeting where Funderburg threatened to veto the splash pad, the Council agreed unanimously to seek a bond worth $3.5 million from the market in 2015. Included in this figure, when added to the City’s other non-taxable funds, is an estimated $1million for the splash pad project.

The splash pad is, at the heart, the most expensive project planned for Lakeside Park in Pell City this year. But concrete, plumbing and plastic fixtures aren’t the only things attached to the approved construction bid.

The parking area will include both a paved lot and an attached gravel lot for overflow. Not only will it serve splash pad visitors, it will offer additional parking for Kids Kastle and big events like bass tournaments. The new building and bathrooms included in the bid will service the whole park. State-of-the-art LED lighting will add safety for morning boat launches and evening events.

“All the calls I’ve received people have said, ‘Why are we spending this much money on a splash pad?’” Parks and Recreation Director Bubba Edge said. “When I tell them about all that’s coming with it, they’re pretty excited.”

• Despite questions of legality, the mayor vetoed bids for construction

• A compromise to continue work was voted down by the Council

• The status of construction in 2015 is unclear

• Potential funding options for the project are proceeding as planned

• “Even though I don’t think the mayor has the power to veto, he has in fact vetoed.” – City Attorney John Rea

• “I think John [Rea] researched this, and the mayor does not have the authority to do this. When you decide you want to look beyond that advice, well I don’t even know what to say about that.” – City Council President James McGowan

• “I heard on the radio that the Initial budget for this project was $1 million. That is not true. If anyone can prove to me that it’s true, I’ll eat your hat.” – City Council Member Jay Jenkins

• “This is not for Joe Funderburg, and it’s not for the Council. It’s for the people. And when y’all go voting for projects more than $1 million, I think someone needs to answer about what’s being done.” – Mayor Joe Funderburg