The contractor hired to demolish the Avondale Mills smokestack has been arrested and is being held in the St. Clair County Jail in Pell City. In addition, the City is warning residents that authorities are investigating the possibility some of the explosives used did not detonate.

According to Pell City City Manager Brian Muenger, Tim Phifer, owner of Phoenix Services of Alabama, LLC, was arrested on Dec. 4 following an investigation by the State of Alabama Fire Marshal’s Office.

Muenger’s full statement is as follows:

“Over the past two days, the City of Pell City has been cooperating fully with an inquiry of the State Fire Marshal regarding the demolition of the Avondale Mills smokestack and the City’s contractual relationship with Phoenix Services of Alabama, LLC, the contractor hired by the City to perform the demolition. The City has provided the Fire Marshal with all requested information, including the contract for services between the City and Phoenix Services.

“As set forth in the contract, the City contracted with Phoenix Services to perform this project “in compliance with all applicable laws and regulations.”  In addition, the contract required Phoenix Services to maintain “all federal, state and local licenses that may be required for the operation of its demolition business.”  Phoenix Services provided the City with a copy of a Federal Explosives License, the legitimacy of which I personally verified with the ATF, and also provided the City with a liability insurance policy with an aggregate value of $2,000,000.00.  The State Fire Marshal has raised questions concerning the State permits and licenses of Phoenix Services, and I would defer any questions concerning those matters to their office. 

“The State Fire Marshal has also cautioned the City to explore further the possibility that unexploded material may be present on the job site. The City is taking all necessary precautions to engage in further exploration of the site to ensure its safety.  The site remains fenced and closed to the public, as was the case prior to the demolition of the smokestack.”

Area media sources are reporting Phifer has been charged with unlawful possession of explosives, but State Fire Marshal Edward Paulk could not be reached to confirm these charges.

The News-Aegis is pursuing additional sources and will report information as it is confirmed.

Phifer successfully brought down the tower on Nov. 25 using a track hoe to scrape away its exterior after two charges of dynamite proved unsuccessful. Phifer said at the site that each charge was approximately 15 pounds.

The City’s contract with Phifer of Phoenix Services, approved Nov. 9, permitted Phifer to safely remove the smokestack “in compliance with all applicable laws and regulations and in such a manner that protects neighboring landowners.” The contract for $14,500 also released the City from any damages. 

At the time of the demolition, Phoenix Services was licensed by the Federal Bureau of Alcohol, Tobacco and Firearms, Muenger said. 

OSHA has also confirmed it is investigating the demolition.