The City Council of Forrest City, Arkansas, met in regular session on April 15, 2008. The meeting was called to order at 6:00 p.m. Alderman Capps opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Peacock, Jeffers, Fields, Hollowell, Capps, and Oswalt. Alderman Breeding came in at 6:03 p.m. and Alderman Twillie came in at 6:05 p.m.

Alderman Oswalt made a motion to approve the minutes of the previous meeting. Seconded by Alderman Jeffers. Roll Call: All Ayes.

Committees
Mayor McCoy asked the council it they would get together and go over some of the things they talked about during the last personnel committee meeting and put them into writing.

Unfinished

Project and Grant Report
Mayor McCoy stated he sent the council a revised Project & Grant report dated April 11, 2008. The I-Cop project cost is $133,139.46 the budgeted amount was $140,000. USDA is paying 32%, which is $40,000 the city’s portion is $93,139. Mayor McCoy also stated the cameras are in and ready to be installed.

The bypass budgeted amount was $40,000, it was bided out, the project amount is $107,300 and a 50% grant share between the city and Corp of engineers of $53,650. The city is $13,650 short. Mayor McCoy requested permission to spend the $13,650 to make up the needed amount.

Alderman Twillie made a motion that the city council approve the $13,650 for the bypass. Seconded by Alderman Capps. Alderman Peacock asked after this is done will they have a working set of plans. Mayor McCoy stated they would have the working plans, study, cost analysis, and they would be ready to go out and start soliciting funding and at that point they would start the infrastructure. Roll Call: Alderman Breeding, Hollowell, Fields, Jeffers, Oswalt, Peacock, Capps, and Twillie. All Ayes.
Mayor McCoy stated no money was budgeted for the outdoor park grant. The estimated cost is $140,000 and a 50% grant share, the city’s share is $70,000. One bid came in from Pettway Inc. for $176,000 there is a 25% negotiation that can be dealt with. The bid was antipaticate at $140,000 this project needs to be discussed if they wanted to move forward. Perry Carr with ETC Engineering is doing the 25% negotiation.

Mayor McCoy stated the city was waiting on grants from the Arkansas Economic Improvement District from Jonesboro $40,000 for the bypass and $50,000 for condemnation project. The city’s share will be $3,430.25 of the $53,430.25 for the condemnation project. Total cost of all projects is $433,869.7l, the city’s share is $220,219.71, the grant share is $253,650, and total city’s saving is $253,650. Mayor McCoy also thanked Mrs. Lynch for working so hard on the grants.

Shop House Appraisal
Mayor McCoy stated he had the appraisal done on the shop house; it appraised at $23,000. The appraisal fee was $375.00. Mayor McCoy recommended to the council that the house be sold to Mr. Holland at the appraised value or get Attorney Cline to draw up some type of documentation were Mr. Holland and his wife could continue to stay there as long as they lived or moved, then the property would revert to the city. Alderman Jeffers asked Attorney Cline if the same process could be used as the one to vacate an alley. Attorney Cline stated there are a specific set of statues used to vacate an alley, “No it is not the same.”

Alderman Fields stated Mr. Holland has been living there for 30 years. Has there ever been a resolution, have there ever been any questions about selling him the property? Why has he been there that long and no action been taken after 30 years? He has been maintaining the property why not give it to him. Alderman Fields also asked if a resolution could be done to give the property to Mr. Holland.
April 15, 2008 Minutes Cont.

Alderman Peacock stated no one might not have an interest in the property he did not. Dealing with city’s property, he did not think that it would be justifiable to find one individual to sell or give the property too. Alderman Peacock also stated he thought by it being public property it should be put out to bid for whoever wants to bid on it. Alderman Hollowell asked as far as the law goes could the property not be sold to Mr. Holland for the $23,000. Attorney Cline stated there is not a state law that requires the city to competitive bid out a piece of Property before sold. There is a city ordinance that reads anytime the city sells municipal supplies or equipment that exceeds the value of $5,000 it has to be bid out. Attorney Cline also stated if the council wanted to do the most cautious thing, bid it out or pass an ordinance waving the requirements for competitive biding and sell it to Mr. Holland.

Alderman Oswalt asked if the appraisal was $23,000 because of the improvements that Mr. Holland has done to increase the value of the property. Mayor McCoy stated that over the years the city has done some upkeep on the property. He also stated the city needs to get the house in good shape or sell it to Mr. Holland and let it become his property. Alderman Breeding stated if the house is bid out, the city council is under not obligation to accept any bid. Alderman Twillie stated the council needs to decided if they want to keep the property, if not; the council needs to negotiate a price with Mr. Holland, if he is saying he wants the property and consider all things. He also stated he could not see the house being worth the appraisal fee if it needs a lot of repairing. He would like to see the mayor work out something with Mr. Holland lower than the bid.

Alderman Twillie made a motion to allow Mayor McCoy to negotiate a price with Mr. Holland down from the appraised value. Seconded by Alderman Jeffers. Attorney Cline stated what Alderman Twillie is saying make sense. Negotiate a price with Mr. Holland and see where he stands, then the council would have a price to consider. Roll Call: Alderman Hollowell, Jeffers, Oswalt, Capps, and Twillie All Ayes. Alderman Breeding and Peacock said No. Alderman Fields Abstained.

New Business

Recreation Uniform Bids
Recreation uniform bids were opened:
Mohr Sports, Wynne AR 50/50 heavy weight t-shirts adult side $5.50 youth $ 5.50
Two or more button shirts adult 11.50 youth 10.50
Hats - adult size 1.75 youth 1.75

Wynne Sports World 50/50 heavy weight t-shirts adult side 5.50 youth 5.30
Two or more button shirts adult 10.90 youth 9.85
Hats - adult size 1.65 youth 1.65

Gadberry’s 50/50 heavy weight t-shirts adult side 7.99 youth 6.99
Two or more button shirts adult 14.00 youth 13.00
Hats - adult size 1.89 youth 1.89

Resolution
Mayor McCoy asked Attorney Cline to explain and read the resolution. Attorney Cline stated there is a statue in Arkansas as part of the incentive package that the legislature enacted to help draw businesses in the city. The statue allows cities or counties to rebate to businesses that want to come in and either build or remodel the facility. The city or county’s portion of the sales taxes that would apply to the purchase of materials that would be taxable in connection with the remodeling would be exempt or refunded.

Attorney Cline read a RESOLUTION OF THE CITY COUNCIL OF FORREST CITY, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15-4-2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). Sponsored by Alderman Hollowell. Motion to approve the resolution. Seconded by Alderman Capps. Alderman Twillie asked Clerk Cochran in a situation as this does the company have to purchase the materials locally? Alderman Oswalt stated the purchase may be purchased in another city, if the company has the material delivered then the sales tax is paid where it is delivered. Alderman Breeding stated the company would get a temporary tax number from the Department of Finance & Administration tax-free. Roll Call: All Ayes.

Recreation Light Pole
Mayor McCoy stated about a month ago strong wind, at the ball field, broke a light pole, and destroyed all of the lights that were on it. Alderman Breeding stated, “You can’t get a wooden pole to go that high to hold that many lights that the light manufacturer will say it is heavy enough. It has to be a metal pole or the manufacturer of the lights will not sign off on it.” He also stated he does not make a recommendation for a wooden pole. Mayor McCoy also stated the wind tore shingles off the concession stands; it also tore down a fence. The insurance money was paid but he thought the three bids for the metal poles were extremely high. The bids ranged from $23 to $25 thousand. Mayor McCoy also stated he would get with Mr. Taylor; he just wanted to bring it to the council’s attention. Alderman Twillie stated if it gets off to a bidding process, it would be June before they know it; and then the season would be over. He also stated that the season is less than a month away; he thought this situation would be considered an emergency.

Mayor McCoy requested permission from the council to allow him to use one of the bid prices; hopefully he could get the bid prices lowered.

Alderman Breeding made a motion to be in requirement on the replacement of the pole at the ball field with the lights attached due to the fact that the ball season is so close and that the replacement of that pole at least meet the requirements and guidelines for the number of lights that are going to be on it by the manufacturer of the lights that the council waive bid requirements and allow the mayor to proceed and take care of this because it is an emergency. Seconded by Twillie. Attorney Cline stated it had to be done by an ordinance. Alderman Breeding withdrew his motion. A special call meeting was set for Thursday April 17, 2008 at 4:00 p.m.


STREET FUND BILLS

Alderman Capps made a motion to pay street fund bills totaling $1,032.85. Seconded by Alderman Hollowell. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Oswalt made a motion to pay general fund bills totaling $2l, 271.28. Seconded by Alderman Fields. Roll Call: All Ayes.

Announcements

Mayor McCoy announced that Police Chief Farmer is leaving and returning to Omaha Nebraska. His last day will be April 22, 2008. Chief Farmer thanked everyone for being so wonderful to him and wife. He stated it has been a wonderful experience for both of them, it saddens them to have to leave, but they have family members that needed care.

Mayor McCoy stated that the Public Works Department has gone to a 4 day 10 hour workweek; Monday through Thursday. He also gave kudos to Mr. Patton, Public Work director for doing an outstanding job.

Mayor McCoy mentioned the Arkansas Municipal League convention June l8-20 2008.

Alderman Twillie made a motion to adjourn at 7:00 p.m.

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Gordon McCoy, Mayor
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Derene Cochran, Clerk-Treasurer