The City Council of Forrest City, Arkansas, met in regular session on May 5, 2009. The meeting was called to order at 6:00 p.m. Alderman Shepherd opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. Alderman Peacock was absent.

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


Committees

Forrest City Planning Commission
Alderman Capps stated the council received pictures of the Quick Mart’s old and the new signs located at 1221 N. Washington. Alderman Capps asked Ms. Jennifer Hicky Collins who was present representing Mr. Alex Rawaid, owner of the Quick Mart Store, to address the council. Ms. Collins stated Mr. Rawaid was requesting a sign variance in regards to a sign setback. There is an old sign on the south side of his property that is currently set fourteen feet from the street. Ms. Collins knows that the current city ordinance requires him to put the new sign twenty-five feet from the street. There is a row of buildings that border his property on the south that sit close to the street, and it would block the view of the sign if he complied with the sign ordinance. Mr. Rawaid had purchased a new BP sign that matches the new exterior of his station and he wishes to put the new sign in the same place as the old sign. Ms. Hicky said the new sign would be a foot taller than the old sign. Alderman Shepherd stated west of the sign, there is an old sign pole sticking out of the ground he would like for it to be moved. The sign would have a LED display for changing prices, nothing flashing. Alderman Capps stated all notifications were mailed in a timely manner; there were no objections from any of the property owners within the 200 feet of the sign. The Forrest City Planning Commission voted unanimously to grant the variance for the sign with one exception, no advertisement is to be placed on the bottom of the sign.

Alderman Capps made a motion that the Forrest City Council approves the variance for the sign. Seconded by Alderman Hollowell. Roll Call: All Ayes.

UNFINISHED BUSINESS

Entergy/Woodruff
Mayor McCoy asked Attorney Cline to enlighten the council on the information he received on the Entergy/Woodruff questions from Alderman Twillie. Attorney Cline stated he received Alderman Twillie’s questions and he sent the questions to Attorney Chisenhall and he had the response. Question: #l. Does the city have a chance to impact the situation by participating? Not much, the city’s participation would not impact the decision; it would be a matter of courtesy. The PSC would make the decisions based on factors. #2. What are the advantages of participation? The attorneys did not see any advantages, probably more disadvantages to participate. There would be no reason to take side in the fight because Entergy, Woodruff, and the Federal Prison are capable of dealing with the situation. If the city did decided to get involved, it would be costly. #3. Does one provider serve the city better? Both service providers, Woodruff and Entergy, have to meet certain standards that are regulated by the PSC. Attorney Cline also stated he did not see a service issue involvement, that goes for the fourth question as well, he did not see a utility service issue.

Alderman Twillie stated he still had a problem with getting the questions answered. He felt that Attorney Chisenhall was not sure of his answers and he wanted to know if Attorney Chisenhall had ever dealt with a situation like that before. Attorney Cline stated Attorney Chisenhall has been in involved with the PSC before and he had served on their board. “When you ask those kinds of questions, you are asking to predict the future, the only thing you can do is to give an opinion,” Said Attorney Cline. Alderman Twillie stated he felt like he was getting a generic answer.

Alderman Capps asked Attorney Cline, if Woodruff took over the franchise agreement; would the same franchise percentage stay in place as with Entergy?

Attorney Cline stated Woodruff would have to make the same agreement that Entergy already has, to pay the city its franchise. Alderman Hollowell asked if there was a letter from the PSC and the prison stating what they are trying to do. Attorney Cline stated he was sure there were several letters that states their position extensively. Attorney Cline said the bottom line is Attorney Chisenhall did not feel the city needed to get involved with the Public Service Commission; his recommendation was that the city did not.

NEW BUSINESS

Census Update
Mayor McCoy stated work had started on the 2010 census and he was requesting the help of the city council. There will be individuals going around trying to get an accurate count. He was asking the council to get their churches involved to educate the senior citizens, the citizens, and those who are a little less fortunate to understand how important the census is. Mayor McCoy said he certainly did not want strangers going to people homes without them being aware of what the individuals look like. Mayor McCoy also said a census worker is not supposed go into a person’s home. A census worker should have identification around his or her neck and should have a personnel computer. When the count is not accurate, it affects the city’s turnback monies and it can affect different things within the city.

Personnel Policy
Alderman Oswalt stated Resolution 859 was passed, a month to six weeks later the resolution was rescinded due to the second sentence, employees would not receive pay for the first sick day taken, pay would be receive after the first sick day; nothing was ever done. He was supposed to get with Attorney Cline and put the same resolution back before the city council minus that one particular sentence. If resolution #859 is not re-instated minus the seconded sentence, the police officers and fireman have to work a year before they get sick time. The way the personnel policy is now written, since resolution #859 was rescinded, an employee could be hired today, and one month later receives one and two-thirds days sick pay per month; whereas the uniform employee does not. Alderman Oswalt stated instead of the personnel committee meeting, take out the one sentence of the resolution and he asked Attorney Cline to re-do the resolution and have it for the next meeting.

Non CDL Drug Testing
Alderman Oswalt mentioned safety-sensitive employee drug testing. If an employee is involved in an accident, in a city’s motor vehicle, On a Public Road the question from the mayor’s office was whether to leave it as a public road or just say an accident, because an employee could have an accident in a parking lot. The ordinance was passed word for word from the Arkansas Municipal League drug testing for none CDL people. Alderman Oswalt recommended that Ms. Lynch contact A’Test and the Arkansas Municipal League to see what they have to say, instead of the personnel committee trying to put a legal opinion together.

STREET FUND BILLS

Alderman Capps made a motion to pay the street fund bills totaling $9,951.83. Seconded by Alderman Shepherd. Alderman Capps questioned an invoice for $4,600 from Farm Plan for work done on a 6300 John Deer tractor. He asked Public Works Director Patton the year model of the tractor. Mr. Patton stated he did not know the exact year of the tractor, but it was one of their best tractors. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Oswalt made a motion to pay general fund bills totaling $28,342.96. Seconded by Alderman Twillie. Roll Call: All Ayes.

Announcements

Arkansas Municipal League conference June 17-19, 2009

Mayor McCoy announced that the lettering on the Larry S. Bryant Multi Purpose Center had been completed.

Alderman Jeffers asked when the building would be dedicated. Mayor McCoy stated he would get with the committee and plan a dedication ceremony.

Alderman Twillie made a motion to adjourn at 6:35 p.m. Seconded by Alderman Fields.

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Gordon McCoy, Mayor

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Derene Cochran, Clerk-Treasurer