MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL
FORREST CITY, ARKANSAS
May 3, 2016
The City Council of Forrest City, Arkansas met in regular session on April 5, 2016. Mayor Bryant called the meeting to order at 6:00 p.m. Alderman Williams offered prayer after which the Pledge of Allegiance was recited. The following answered roll call: Mayor Bryant, Clerk Cochran, Attorney Cline, and City Council members: Williams, Echols, Hollowell, Breeding, Twillie, Capps, and Oswalt. Alderman Fields came in at 6:11 p.m.
Alderman Oswalt made a motion to approve the minutes of April 19, 2016 regular meeting. Motion second by Alderman Twillie. Roll Call: All Ayes.
Alderman Echols made a motion to amend the agenda to include a report from the budget committee. Second by Alderman Twillie. Roll Call: All Ayes.
REPORT OF COMMITTEES
Alderman Oswalt stated the personnel committee met last week and Chief Lee brought a couple of proposals to the committee, a personnel policy and Taser policy. The recommendation on the personnel policy was put on hold until the committee could meet again to finalize the policy.
Alderman Oswalt stated the police department is purchasing Tasers and Chief Lee wants to have guidelines put in the department’s policy on how the officers should use Taser guns. Chief Lee said he wanted to adopt the model policy from the Police Chief’s Association. Alderman Oswalt said it was a unanimous vote by the three committee members to pass the Taser policy.
Alderman Oswalt made a motion to adopt the Taser policy. Second by Alderman Hollowell. Roll Call: All Ayes.
Alderman Echols stated that the budget committee met right after the last council meeting on Tuesday night. Alderman Echols made a recommendation from the budget committee that the city council approve the prioritized list of thirteen items of capital expenditures that was presented by Mr. Murdock for the city water utility. She stated that all budget committee members were present including Alderman Williams.
Alderman Echols made a motion to approve the prioritized list of thirteen items for bids and or purchases. Second by Alderman Twillie.
Alderman Breeding asked if there were any items that cost over the mayor’s spending perimeter and would those items be bided. Alderman Echols stated yes. Alderman Breeding then asked Mayor Bryant if the biding specs would be approved by the council prior to purchase. Mayor Bryant stated it would not be a problem, because all bids would be put in the newspaper.
Roll Call: All Ayes.
DEPARTMENT HEADS REPORTS
Mr. Gaines stated everything is going well at the civic center. He stated they have been busy with class reunions, wedding receptions, and anniversaries. Mayor Bryant stated that Mr. Gaines is looking into purchasing a new computer to take the upgrades to run the sign. Mayor Bryant also stated that Mr. Gaines is going to replace the projectors, which will be paid for by A & P and also upgrading the security system.
Mrs. Vaughn reported that on April 25th a tax auditor was conducted by the Arkansas Department of Finance and Administration on the building permit for a period of three years for construction surcharges. On April 28, 2016, the audit revealed no liability issue. Mrs. Vaughn then gave her monthly report (see Attached).
May 3, 2016 Minutes cont
Interim Chief Renigar reported a total of 104 service calls from April 1, to May 1, 2016, which included two water rescues.
His report on the fire sub-station, is that the contractor has started putting up sheet rock on the inside and depending on the weather for the finishing of the outside.
Alderman Capps asked if there was an estimated completion date. Interim Chief Renigar stated the date he received was the end of this month; Mr. Hodges has been out of town, when he comes back he will ask for another date.
Park & Recreation
Mayor Bryant stated that Mr. Taylor sent a letter stating: due to high school softball games he could not be present. He also stated he cleaned (acid clean) and filled the Southside Swimming Pool. He said they were having a men’s co-ed softball tournament and professional boxing this weekend.
Mayor Bryant also stated that Mr. Taylor left a resolution to apply for a walking trail fund grant.
Attorney Cline read a Resolution Expressing the wiliness of the City of Forrest City to Utilize Federal Aid Recreational Trails Funds motion to adopt by Alderman Oswalt. Second by Alderman Hollowell. Alderman Oswalt asked if they were going to work on the old trails. Mayor Bryant stated that they were going to incorporate the old trails, work on the old trail and do updates and make sure it is handicapped accessible. Roll Call: All Ayes.
Chief Deon Lee stated everything at the police department is going well. He then gave his report (See Attached).
Mr. Rooks stated the sanitation department is doing well; cleanup is going good. He asked the council to educate the public when they receive complaints from citizens to first contact the police department and then call the public works department. He then congratulated Alderman Fields on how she let the public know how things were done. He said he has spoken with the newspaper and radio station about the compost site being opened this weekend if it does not rain.
Mr. Murdock presented the city council with a monthly report for the Forrest City Water Utility on customer payment report, customer cut offs/ locks and pulls for the month of April. Mr. Murdock’s report included the city’s commitment and pictures, which included: wastewater plant access road, basin cleaning wastewater treatment plant, and water treatment plant. He stated the council probably needs to take another tour to see some of the progress that has taken place. He said that the Forrest City Water Utility’s newsletter and a copy of the April financial statements can be found in the mayor’s office.
Alderman Twillie asked Mr. Murdock about a drainage problem on Dangeau Street. Mayor Bryant stated that it is Mr. Rooks’ department; he said it was taken care of on Saturday.
Alderman Capps asked Mr. Murdock how the water department calculates the bio-chemical oxygen demand, and the total suspend solids. Then he asked if there is a surcharge when it runs over 300 Milliliters
Mr. Murdock stated a laboratory test is performed twice a month.
Effie Clay and Tommy Wiley of Clay’s Funeral Home were present with a complaint of the poor condition of the road embankment along Campbell Street and Broadway. Ms. Clay stated there is a serious problem with eroding and it has caused significant problems to their property and other nearby businesses. She said the embankment is caving in and that is causing the problem. She also said she thinks it is the city’s reasonability, not theirs.
Mr. Wiley also spoke and he was told the city did not have the funds, but it seems to him a city this size should have some equipment to work with. Mr. Wiley also said what bothers him about this situation is that when he talks to the city officials, they never get back with them. He said a concrete retainer wall would fix the problem.
Mayor Bryant told Mr. Wiley when he spoke to him over the telephone and stated to him he could not fix the problem in the mud; it is still wet. Mayor Bryant stated when the highway
May 3, 20l6 Minutes cont.
department finishes doing their work, and it stops raining, he has estimates for placing a bulkhead and that would correct the problem.
Mr. Wiley then ask that Mayor Bryant would communicate with them.
New Fire Substation Response
Alderman Capp stated from the last meeting, he would like to have Attorney Cline’s response to getting an independent inspector for the fire station.
Attorney Cline stated he did get the general conditions from the architect, after looking over the conditions, if the city council wants to get involved in this project, according to contract documents and the way it works, the architect is the city’s representative to deal with the contractor. The mayor is the city’s authorized representative to deal with the architect. The motion would be that the city council would need to ask the mayor to request that the architect order additional tests. He did say, the contract does allow additional testing to be ran due to the quality of work being done; but the test needs to be done in a chain of command.
Alderman Capps made a motion to request Mayor Bryant to request the architect, David Hodges to seek an independent inspector for the fire sub-station #2.
The motion was second by Alderman Twillie. Roll Call: Alderman Williams, Echols, Twillie, and Fields All Ayes. Alderman Capps, Oswalt, Breeding, and Hollowell All Nays.
Alderman Breeding requested that Mayor Bryant obtain all information on all inspections to date, and request a new completion date from the architect and engineer and bring it to the next council meeting. Alderman Breeding also requested information on what the city can do if the contractor has not met the completion date as originally planned.
Mayor Bryant stated he would but some of the information he already has.
Alderman Capps asked Attorney Cline once the contract is signed by the contractor is the architect still liable. Attorney Cline stated he did not say the architect is liable after the contract is signed.
Alderman Fields asked Alderman Capps if he could give the council a list of specific things that he is looking for. Alderman Capps stated mainly the foundation concrete, the structural steel, and rebar. Alderman Fields told Alderman Capps; if he knew the construction was not good before the building went up, why he would let the building get almost finished before he came with all the issues.
Alderman Capps stated if you go back to the September 2015 minutes, he has had concerns with the building since the beginning. He said the last time the vote was 5 to 2, this time it is 4 to 4; if the city does not hire an independent inspector, he is done with the issue.
Recreation Uniform Bids
Mayor Bryant asked if there were any bids in the audience, there were none. Mayor stated he had one bid from Wynne Sports World as follows: 50/50 heavy weight solid color t-shirts adult and youth sizes $5.95, two or more button shirts adult and youth sizes $9.45, adult and youth hats $2.55
Motion to accept the recreation bid by Alderman Capps. Second by Alderman Fields. Roll Call: All Ayes.
Food Truck Ordinance
Alderman Oswalt stated changes were made to the ordinance as recommended by Attorney Cline. Attorney Cline read for the first reading An Ordinance Establishing Operating Procedures for Portable Food Trucks: Declaring an Emergency and For Other Purposes sponsored by Alderman Oswalt.
Alderman Oswalt made a motion for discussion. Second by Alderman Hollowell
Alderman Capps asked under section ten, what part of the ordinance he is dealing with. Alderman Oswalt stated that section is removing food trucks from the iterant vendor’s list. Alderman Capps then asked under what zone food trucks can operate. Alderman Oswalt stated that would be the areas zoned for restaurant type businesses; commercial zone.
May 3, 2016 Minutes cont.
Permission to do Title Searches
Alderman Oswalt made a motion to allow code enforcement to do title search on condemnation property. Second by Alderman Fields. After discussion, Alderman Oswalt amended his motion to say spend up to $300.00 on title search any amount over that, the city would be contacted by the title company.
Second by Alderman Fields. Roll Call: All Ayes.
GENERAL FUND BILLS
Alderman Capps made a motion to approve and pay the General Fund bills totaling $13,801.20 Alderman Williams second the motion. Roll Call: All Ayes.
Alderman Capps made a motion to approve and pay the Street Fund bills totaling $12,265.21. Alderman Williams second the motion. Roll Call: All Ayes.
Alderman Echols made a motion to approve and pay the Solid Waste fund bills totaling $1,667.93. Alderman Oswalt second the motion. Roll Call: All Ayes.
Alderman Twillie made a motion to approve and pay Water Utility bills in the amount of $36,379.20. Second by Alderman Echols. Roll Call: All Ayes.
Mayor Bryant stated he had a letter to the county judge on the 911 funds and all the council member should have a copy; he would be getting back to the council about the letter.
Alderman Capps asked Mayor Bryant is there a written contract between the county and the city on the 911 funds.
Mayor Bryant stated it is an Arkansas annotated code number 12-10-318.
Alderman Echols reminded the budget committee that there will be a budget meeting after the next council meeting.
Alderman Hollowell asked if the city was charging businesses for vending machines.
Mayor Bryant stated he thought that there was still a legal matter with the ordinance.
Aldermen Capps stated he was fine with the ordinance, put the sticker on the machines and charge the businesses.
Clerk Cochran stated that the ordinance is not clear on how many machines a business can have.
Alderman Capps made a motion to adjourn at 6:48 p.m. Second by Alderman Fields.
Larry Bryant, Mayor
Derene Cochran, City Clerk-Treasurer