MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL
FORREST CITY, ARKANSAS
March 18, 2008
The City Council of Forrest City, Arkansas, met in regular session
on March 18, 2008. The meeting was called to order at 6:00 p.m.
Alderman Peacock opened the meeting in prayer. The following answered
roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City
Council Members: Breeding Peacock, Jeffers, Fields, Hollowell, Capps,
and Oswalt. Alderman Twillie came in at 6:08 p.m.
Alderman Jeffers made a motion to approve the minutes of the previous
meeting. Seconded by Alderman Fields. Roll Call: All Ayes.
Committees none
Mayor McCoy stated he had the information that was requested by
the personnel policy and he scheduled another personnel policy meeting
for March 3l, 2008 at 5:00 p.m.
Unfinished
Utility
Mayor McCoy stated he had been in constant contact with Larry Chisenhall,
out of Little Rock, and Attorney Cline concerning the utility contracts.
He also stated that he made copies of the utility scope of work
for the council to look over and see if it met their expectations.
If there needed to be changes made, he would get with Attorney Cline
and Larry Chisenhall and make the changes. He also asked the council
to pay special attention to the cost analysis and if feasible, he
would like the council to give him the okay to continue. Attorney
Cline stated if it is the council’s will it is appropriate
for the council to make a motion to authorize the mayor to enter
into a contract with Concentric utility.
Alderman Breeding made a motion to authorize the mayor to enter
into an agreement with Concentric Utility. Seconded by Alderman
Capps. Roll Call: Alderman Peacock, Capps, and Breeding All Ayes.
Alderman Fields, Hollowell, Jeffers, and Oswalt said No. Alderman
Twillie recused. Mayor McCoy asked, “What do I tell Larry
or do we take it off the table, we got to make a decision at some
point or time it is not going away.” Alderman Breeding stated
it could be discussed more among the council members and then it
could be brought back because; it is a tied vote at this point.
Mayor McCoy asked it Larry needed to be brought back before the
council.
Alderman Breeding stated he did not know why the money was spent
up to this point if they were not going to move forward. Alderman
Jeffers asked Alderman Breeding how he could say it was a tie vote.
Alderman Breeding stated Alderman Twillie recused himself he did
not vote; it was 3-4-1. It did not receive enough votes to pass
or to be totally shot down. Alderman Oswalt stated his question
was, when the information was put out there what it was going to
cost, he received a vague analysis answer of $80,000.00. Mayor McCoy
stated when the analysis was presented the price was in it. Alderman
Oswalt stated he was not present. Alderman Oswalt also stated if
the majority of the council decided to get the system appraised,
if required, it would cost another $50,000.00. He also stated the
council is looking at, to draft a franchise agreement, anywhere
from $80 to a $145,000.00 to get everything done.
Alderman Breeding stated this is an agreement that has been enforced
for 50 plus years and will be again, whatever the city council decides
to do whether they stay with Entergy or go with Woodruff. When it
is looked over the scope of years it is covering, yes it is a large
investment. Alderman Oswalt stated he has spoken with people from
both utility companies, Entergy and Woodruff, and he has not heard
of any complaints from the rate-payers. He also stated he had seen
utility bills from both companies. Alderman Oswalt also stated that
the company could do a non-bias analysis. “We are going to
get down the road, eventually with $100,000 plus spent and still
can not get the majority of the council to agree. What do we have
to show?” He also stated he has asked numerous times how much
has been spent on a lawyer, and still has not received that information.
Alderman Twillie stated one of the problems was during one of the
meetings there was a close vote. Some of the council members voted
to let the mayor go ahead, but was not willing to change. He stated
if the council decided to go that route a lot of money would be
spent and nothing will be done. He also stated that a decision needed
to be made.
Mayor McCoy stated the first thing the council is working on is
the rate analysis. They may not get to the appraisal, the negotiation
support, or the drafting of the franchise agreement. Alderman Peacock
stated he had a problem with not getting the proper service from
Entergy. He also stated the council has an opportunity to negotiate
for the citizens of Forrest City to make it better. “If we
do not have the expertise among ourselves then we’ve got to
pay somebody to enlighten us on if it’s a good deal or bad
deal; and that costs.”
Alderman Capps stated he felt like the council is stuck where they
are, the contract has expired the city needs to enter into a new
contract with an electrical provider. There are two choices and
they do not know which one is going to offer the best rates or services
for Forrest City. He feels by getting the utility rate analysis
done the company would tell them the best deal for the citizens
of Forrest City.
Alderman Breeding stated his final argument is the council represents
a group of people in the community from each of their wards and
it is their job to do what is best for the people. He did not think
he had the knowledge to make a decision that was going to affect
the electrical providers for the next 50 years. He has always leaned
toward the option of Woodruff Electric because it is a local company,
local jobs, local telephone number and local physical plant; as
opposed to picking up the phone calling a 1-800 number. In the preparation
from Concentric, it tells that they will provide the city with a
recommendation as to which electrical service provider should be
selected based upon the results of the rate analysis. Alderman Breeding
also stated he think the council should re-consider because they
do not have the education to make that decision.
Alderman Oswalt agreed with Alderman Breeding, he does not have
the knowledge to make that kind of decision. He also said, “Would
we be where we were had they not initially said they going to quit
paying that money, Henry said yes.” He also stated he looks
at the number of complaints, he looks at what service he has, and
he is sure woodruff would provide the same type of service. When
everything is finished, you are not talking about but a few dollars
different; he would rather spend the money re-doing the current
contract provider. When it is done, they are going to tell us two
things: based on results retain the existing or switch, it still
will take five council members to vote, or the mayor will have to
break the tie.
Alderman Capps stated he thought the firm would give the council
concrete answers then the council would know; yes, this is where
they needed to be, or no the council should consider changing. That
is his opinion; that is why he seconded the motion and voted for
it. Alderman Peacock stated until the council decides if they want
to find out what the true numbers are, they need to put it out there
for bid and let the numbers come back.
Alderman Breeding stated he agreed the $80,000 is extremely expensive.
He also thought the possible future cost might be scaring the council
such as: the system appraisal at $50,000, the negotiation hourly
draft franchise agreement at $15,000. He thought Woodruff Electric
sent Mayor McCoy a letter stating after the rate analysis they were
recommending that they would pay for the system’s appraisal.
Attorney Cline stated before they get too far into the bidding
concept, they need to ask Larry to be certain. He is not sure if
any electrical provider can quote Forrest City a rate going forward
that is different in rates in other cities. He thinks it is a packaged
deal. He thinks Forrest City is packaged with Wynne’s rates,
Marianna, Helena, and West Memphis’s rates. It is not something
the providers can come in and give Forrest City a special rate.
He does not think it can be done that way because the Public Service
Commission regulates the utilities.
Alderman Twillie stated then the council cannot have a biding process.
Attorney Cline said, “I don’t think we can let out bids
and say Woodruff tell us what your rates are going to be and Entergy
tell us what your rates are going to be.” There rates are
set by the PSC based upon all the customers that they serve. After
further discussion Alderman Breeding made a motion that, the council
authorize the mayor to enter into the agreement with Concentric
Entergy Advisors Inc. for the price up to $80,000 the first phase
of the project so the council will have the necessary knowledge
to make the best decision in their minds for their constituents.
Seconded by Alderman Capps. Attorney stated this proposal and contract
is not set for $80,000 in stone, which is a projected fee based
upon an hourly rate for them to do the work. Alderman Breeding stated
his motion was not to exceed
$80,000. Attorney Cline then said, “So if they get $80,000
into this and don’t have an answer for us; where are we?”
Alderman Breeding stated the Mayor has the authority to enter into
that agreement under this motion up to $80,000 for the completion
of the rate analysis and for them to come back to us as a council
and make their recommendation as what they will give in a rate analysis.
If they cannot complete if for the $80,000 then do not agreed to
do it. Roll Call: Fields, Peacock, Capps, Twillie, and Breeding
All Ayes. Alderman Jeffers, Hollowell, and Oswalt. All Said No.
Grant Agreement Update
Mayor McCoy stated he recently signed the grant agreement with the
Corps of Engineers to help in putting together a master plan for
development of infrastructure of the bypass. It is in motion and
everything is going well as outlined. I hope that by the year-end,
the city will have a master plan then the council can start seeking
funds to start the work.
Alderman Oswalt stated if the city gets funding, the land has not
been annexed. Alderman Capps stated the city cannot initiate an
annexation the property owners have to ask to be released from the
county then they will come before the council and ask to be accepted
into the city. There are groups of property owner who are proceeding
with their legal descriptions and petitions. Then it will be done
within 30 days.
Police Car Audio/Video Equipment Bid
Mayor McCoy stated he only received one bid and it is from I-Cop
from Kansas City, the company that made the presentation, for $179,801.97.
That is not what was discussed a few weeks ago Mayor McCoy stated.
Staggered Terms
Attorney Cline read for the 2nd reading AN ORDINANCE REFERRING TO
THE CITIZENS OF FORREST CITY THE QUESTION OF WHETHER THEY WISH TO
EXTEND THE TERM OF THE CITY ALDERMEN FROM A TWO-YEAR TERM TO A FOUR-YEAR
STAGGERED TERM PURSUANT TO ARKANSAS LAW.
New Business
Baseball & Softball Bids
Mayor McCoy requested permission to bid out the baseball and softball
uniforms. Alderman Oswalt made a motion to give Mayor McCoy permission
to bid out the baseball and softball uniforms. Seconded by Alderman
Twillie. Roll Call: All Ayes.
CDC GIF Funding
Mayor McCoy recognized Ms. Tanya Carr of St. Francis CDC. Ms. Car
presented information to the council on a grant proposal. She requested
that the council approve a resolution. Ms. Carr also stated that
CDC was in the process of applying for GIF funding community enhancement
grant to raise additional fund for the assistant living project.
The grant is for $30,000 and a resolution needed to be passed so
they could proceed. She also stated the resolution authorizes the
mayor of Forrest City to apply for the grant on behalf of the Forrest
City community.
Alderman Capps stated the resolution is for St. Francis Assistant
Living Center, he wanted to know would it always be an assistant
living center. Ms. Carr stated one phase would be the assistant
living facility, phase two would be independent living, and the
third phase would be garden homes. Mr. Stephens director of CDC,
was also present. He stated the project was at an early predevelopment
stage and they were requesting the resolution to fund stage one.
Attorney Cline read a ST. FRANCIS ASSISTED LIVING CENTER RESOLUTION
Alderman Twillie Made the motion to adopt the resolution. Seconded
by Alderman Fields. Roll Call: All Ayes.
STREET FUND BILLS
Alderman Hollowell made a motion to pay street fund bills totaling
$247.88. Seconded by Alderman Jeffers. Roll Call: All Ayes.
GENERAL FUND BILLS
Alderman Oswalt made a motion to pay general fund bills totaling
$18,788.09. Seconded by Alderman Twillie. Roll Call: All Ayes.
Announcements
Alderman Oswalt requested copies of all the city’s job descriptions.
Alderman Twillie made a motion to adjourn at 7:15 p.m. Seconded
by Alderman Hollowell.
_______________________
Gordon McCoy, Mayor
____________________________
Derene Cochran, Clerk-Treasurer
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