MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL
FORREST CITY, ARKANSAS
August 18, 2015
The City Council of Forrest City, Arkansas, met in regular session on August 18, 2015. Mayor Bryant called the meeting to order at 6:00 p.m. Alderman Twillie offered prayer after which the Pledge of Allegiance was recited. The following answered roll call: Mayor Bryant, Records Clerk Manning, Attorney Cline and City Council members: Twillie, Williams, Echols, Fields, Hollowell, Capps, Breeding, and Oswalt. City Clerk Cochran were absent.
Alderman Echols made a motion to approve the August 4, 2015 regular meeting minutes. Second by Alderman Fields. Roll Call: All Ayes.
CITY COUNCIL REPORTS
DEPARTMENT HEADS REPORTS
Attorney Cline read for the third reading An Ordinance to Permit, License and Regulate the Operation of Coin or Token Operated Amusement Games Which Allow Players to Win Anything of Value for Their Success; To Establish a Privilege Tax; To Establish a License Fee and Fix Penalties for Violation. Sponsored by Alderman Capps.
Alderman Capps made a motion to adopt the ordinance. Second by Alderman Hollowell. After discussion, Roll Call: Alderman Twillie, Williams, Echols, Hollowell, Capps, Breeding and Oswalt—All Ayes. Alderman Fields—No.
Bid Opening Asphalt Milling
Mayor Bryant asked if there were any bids in the audience, there were none. One bid was opened. Asphalt Producers, LLC submitted the following bid: 2” Asphalt Cold Milling +/-20,000 square yard—Unit Bid, Stockpile at City Shop--$3.29 SQYD, Milling become property of Contractor (Haul-Off)--$2.59 SQYD. Asphalt Producers, LLC price does not include bonds. Any required bonds will be at an additional price.
Attorney Cline read A Resolution Authorizing Deed Restriction at Forrest City Municipal Airport in Settlement of ADEQ Investigation of Ground Water Contamination.
Alderman Twillie made a motion to adopt the resolution. Second by Alderman Capps. After discussion, Roll Call: All Ayes.
Civic Center Contract for Caterer
Mayor Bryant requested permission to seek bids for the Civic Center Caterer and to amend the Civic Center Caterer Contract. Alderman Fields made the motion. Second by Alderman Capps. Roll Call: All Ayes.
GENERAL FUND BILLS
Alderman Hollowell made a motion to approve and pay the general fund bills totaling $41,654.05. Alderman Breeding second the motion. Roll Call: All Ayes.
August 18, 2015 Minutes cont.
Alderman Hollowell made a motion to approve and pay Street Fund Bills in the amount of $3,863.13. Alderman Breeding second the motion. Roll Call: All Ayes.
Alderman Echols made a motion to approve and pay Solid Waste Fund Bills in the amount of $42,899.08. Alderman Oswalt second the motion. Roll Call: All Ayes.
Before adjournment, Alderman Breeding asked what setbacks are required if the city decides to build a city hall on the vacant lot on Washington, behind the current city hall. Mayor Bryant stated that there were none because it was part of the fire district downtown.
Alderman Breeding then asked where are we on the pool and track, has there been any kind of agreement reached or entered into. Mayor asked agreement on in what manner. Breeding said to start on it, who’s going to do it, where are we? Mayor Bryant said we started with ETC. Alderman Breeding asked, has ETC been told to proceed? Mayor Bryant answered, “Yes, they will do it according to what we had spoken about earlier. They will do the preliminaries and wait on the options, and put in there, option for deep well, option for all those things that were to be added on to it.” Alderman Breeding asked, what do we have a projection of cost for? Mayor Bryant answered, once we start designing then they can give us a better projection based on what we add. The projections we had in the past are mute now, based on the amount of time that has lapsed. Alderman Breeding mentioned the advertisement in tonight’s paper for a construction manager RFQs. He asked is that going to be a construction manager that will oversee ETC. Mayor Bryant answered that he was just going by what the council voted. Mayor said he read the law, and the law said he needed to do it, so he did it, even though he knows it’s duplicitous. Breeding asked, if there is a construction manager hired from the RFQs, will that construction manager have any say so over what ETC does or does not do? Mayor Bryant answered that normally the architect has final say on it.
Alderman Breeding thanked the mayor and said he just wanted clarification. He then asked Mayor Bryant had he entered into a contract with ETC. Mayor Bryant said we entered into that contract a while back. Breeding said he knew that ETC had been asked for drawings, but he didn’t know the city had entered into a contract with them. Mayor said there was a contract signed. They first submitted one that had the wrong name, Russellville, on it, so they were asked to redo it and sent it back twice. Breeding asked when was it signed. Bryant said he didn’t know off the top of his head. He then said the original came June 23, they gave it to him at the Municipal meeting.
Alderman Twillie asked Mayor Bryant to have someone peruse the records to see when the council voted on contracting with ETC. Mayor said they didn’t vote on it. He said the council voted to accept them as the architect. Mayor Bryant then said the council gave him permission to pick the architect and he picked them and that’s the way we’ve always done it on all things of that nature. Alderman Twillie said whatever it was, will he get them the minutes that shows it. Mayor Bryant said he would get with the clerk to get the minutes.
Alderman Capps then asked, “With the contract with ETC, we can advertise and pick our own project manager?” Mayor Bryant answered, “If you want to spend more money, you can do anything that ya’ll want to do.” Alderman Capps said he just feels like the architect and the project manager need to be two different entities, requests for information, change orders, without that they both work for the same company and they have cart blanche to, .. In his business if the project manager wants something changed, we go to the architect and we work that out and a lot of times there is money involved in the situation or changes that need to be represented on both sides. Mayor Bryant said he thought he was the representative, “but I guess
August 18, 2015 Minutes cont.
I’m not, in the past we built the largest building in town, down on the south end of town. This is the process we went through, but all of a sudden I guess I don’t have sense enough to be the person where it begins and where it ends.”
Alderman Breeding said he had some of the minutes. He read from the January 20, 2015 page 3 of the minutes, the last paragraph that stated after opening the bids Attorney Cline said the process would be to narrow the received RFPs down to three then pick the best qualified company. Alderman Breeding said he didn’t remember anything since then and has found nothing in his minutes referencing the selection of an architect, but mentioned he may have overlooked something. Alderman Breeding said he concurs with Alderman Twillie, in that he would like to see minutes showing that it was decided that ETC would be the engineer, architect, and construction manager all rolled into one.
Mayor Bryant responded that if you want to change the way it’s always been done, it’s fine with him. “Whatever you all want to do, do it. I know the people voted accordingly, and if you want to change everything from what they voted for, let it be, we will all meet up somewhere at a later date.”
Alderman Twillie said, he never heard anyone imply that they wanted to change what people voted on. Bryant said that’s been the case from jump-street, so we can move on. None of this was part of the agenda, there was a place on the agenda for this discussion and no one said a word and at the end of the day, after we have concluded official business we come up with “I got you stuff. Give it to me in writing and I will answer it, accordingly, but the 'I got you', we can play that too. It’s the same old same old.”
Alderman Breeding said, “My question, Mr. Mayor, and I apologize if I have offended you in anyway, but my question was just for clarification on my part. I’m sorry I missed the last meeting, and I thought I may have missed something that I did not understand, and you have given me some of those answers and I look forward to getting the rest of them. Thank you.”
Alderman Capps, “I want this project, the voters voted for this project, I want us to do this project and I know we are getting very close to getting started on this project, I just have concerns for the project manager and the architect working for the same firm and I will be glad to make you a small list of what my concerns are whenever they both work for the same firm. I will get that to you and you can look that over and see if you agree with me on some of the points or disagree with me on the points, but I wanted to move forward and I think we have an outstanding committee working on it and if everybody pulls together, we’ll be swimming soon. ”
Alderman Twillie made a motion to adjourn at 6:30 p.m.
Larry S. Bryant, Mayor
Donna Manning, Records Clerk