The City Council of Forrest City, Arkansas, met in regular session on May 19, 2009. 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, and City Council Members: Alderman Peacock, Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. Attorney Cline was absent.

Alderman Oswalt made a motion to approve the minutes of the previous meeting with the following correction to Ms. Collins instead of Ms. Hicky in the Forrest City Planning Commission paragraph. Seconded by Jeffers. Roll Call: All Ayes.


Committees
Larry S. Bryant Multi Purpose Wellness Center
Alderman Fields announced that the date for the dedication of the Larry S. Bryant Multi Purpose Center would be Memorial Day May 25, 2009 at 10:00 a.m. all council members were invited.

Personnel Policy
Alderman Oswalt stated the council had a corrected resolution because Resolution 859 was passed, a month to six weeks later the resolution was rescinded due to the second sentence, employees would not receive pay for the first sick day taken; pay would be received after the first sick day.

Mayor McCoy read A Resolution To Amend The Personnel Policy Handbook As Hereinafter Set Forth; And For Other Purposes. Sponsored by Alderman Oswalt. Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Twillie. Roll Call: Alderman Peacock, Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. All Ayes.

UNFINISHED BUSINESS
None

NEW BUSINESS

St. Francis County Domestic Violence Program
Mayor McCoy recognized Ms. Judy Roland of the St. Francis County Domestic Violence Program. Ms. Roland stated the program was offered through Counseling Services of Eastern Arkansas. She said there is a coalition that meets once a month at the Counseling Services. She said that domestic abuse against women and children is widespread. Domestic violence can include battering, sexual abuse, dating abuse, stalking, and child abuse. She also said all our lives; we have known somebody who is in that situation. If you do not know someone, you will. Ms. Roland said, “If you’re in a room, one out of four women in that room has been abused before she is sixteen.” She also said here in the mid Delta the statistics are pretty bad and above the whole nation in the amount of protected orders filed. Arkansas is one of the top three states for domestic homicides and first in domestic homicides of black women. She also said they do not try to get people to run off and leave their families, they are there to council families, to teach them that they do not have to live in violence, and there is a different way of life. She said no one likes to talk about this situation, but it has to be dealt with.

Ms. Roland said, “I hate to say this, this is going to be real catty and I promised I wouldn’t. But we’re making laws to protect our dogs, we need to step up to the plate and protect our women and children.” She concluded by saying they have a few resources and if anyone knows someone that is in trouble, they can help them to get out of that situation and start over.

Mayor McCoy commended Ms. Roland and the St. Francis County Domestic Violence Program for the hard work and services they provide.

Permission to Bid Asphalt
Mayor McCoy stated the city need to do some street overlays. He asked permission to bid for asphalt. Mayor McCoy asked Public Works Direct Patton to approach the council to answer any questions they may have. Alderman Oswalt stated he knew they were overlaying Lake Street and he asked what other street they were going to do. Mayor McCoy stated they had a list of about fifteen or sixteen streets. Mr. Patton stated there are several streets that have gotten thin, such as Turner Road, Dawson Road, and Dangeau.

Mayor McCoy stated all of the streets that have been identified come to a little over a million dollars. He said they were going to get started with the money that the city council allocated and hopefully some grant money would come in to finish. Alderman Peacock asked if the manholes could be taken care of when the overlaying is started, the manholes are low in the street. Alderman Twillie stated the city needed to look into putting rims over the manholes to raise them up. Mr. Patton said that is something they needed to discuss with the company, when they start overlaying the streets, to bring the manholes up to specification.

Alderman Capps made a motion to allow Mr. Patton to ask for asphalt bids. Seconded by Alderman Jeffers. Alderman Shepherd stated he was pretty sure that the asphalt company could get the extension rings, when the overlaying starts the rings would be already in place. Alderman Capps said the storms drains needed to be address also. Roll Call: All Ayes.

Skateboard Stations Bid Opening
Mayor McCoy stated they have two bids, one from American Ramp Company of Joplin, MO. and the other from Rampage, LLC of Bridgeport, CT. both bids were for the amount of $60,000. John Hunter, Sales Manager and Jeremy Cupps were present from the American Ramp Company to answer any questions that the council had. Mr. Hunter, of American Ramp Co. stated their bid package contained bonds, contractor licenses, and the package was all inclusive.

Mayor McCoy stated he would get with the Park Director Kenneth Taylor and they would study both bids.

Mayor McCoy asked Mr. Hunter if they were chosen how soon they could put the stations in. Mr. Hunter said it would be less than a month.

Humane Society Discussion
Mayor McCoy stated on May 11, of this month a warrant was delivered to our animal control director for his arrest for two counts of animal cruelty. Two months ago, Alderman Oswalt and Alderman Shepherd were trying to come to some type of agreement with the humane society. He also stated that after visiting with Attorney Cline, they needed to back away from the discussion now that the current problems have come up. Mayor McCoy also stated there was something that he was working on; he did not want to talk about it until it was finalized. He said they were looking at exploring their options, the only option that comes to his mind, going back a few months ago, they have got to 110% cut the cords; separate themselves from the humane society. As the mayor and the city council, they should not allow the city employees to be in that type of environment, get arrested, or face the possibility of being arrested; it is certainly doing them an injustice. He also stated as long as he was mayor he would continue to fight for all of his directors equally. As mayor and the city council, they have the right to correct the situation.

Mayor McCoy stated he knew the situation would not be fixed tonight; whatever it takes, the employee is owed his rights. He said anything less than a complete break from the humane society; there would continue to be problems. He also said Mr. Hamilton is not out there by himself, he is standing by his side. The city is going to do whatever it takes to represent Mr. Hamilton and assure him that he would receive a fair treatment. He hopes the council would stand with him in that decision; if they did not he thought, they would be wrong. Mayor McCoy also said he thought the charges that were brought against Mr. Hamilton were fabricated and there is no truth to it.

Alderman Oswalt stated he personally would like to continue some discussions with the human society; there is not an overnight solution. He agreed with Mayor McCoy that he would not want to work in a condition where he thought someone was after him. Alderman Oswalt said, “But because some charges have been filed, which are criminal charges, against somebody, that’s what the court system is for guilty or not guilty.” He also said if the council chooses to get rid of the contract with the humane society, the amount of free labor, dog food, and other stuff they were getting would be stopped. And they maybe looking at hiring additional people to keep the animal shelter going. He said as a council member he felt that they should support the employees, but “The city can go out on a limb. There is your opinion, my opinion and everybody else’s opinion. But until something is resolved with that, I personally would like to continue some dialogue.” He also said there is a lot of emotion going on with the mayor’s office and a couple of people from the humane society, if the decision was made to put them out, the humane society is not going away, that is their job to watch out for the animals. There is a new animal cruelty law going into effect July l, 2009, that will change the way cities, and counties are operating their animal control. He also said once they look at the new law, some of the city ordinances may not be in compliance. Alderman Oswalt also said he was not saying what Mr. Hamilton was accused of is right or wrong, he had not looked at the charges.

Mayor McCoy stated there were no emotions between city hall and the humane society; he tries to stay out of animal control and the humane society business; that is why he has a director. He also said the council made the decision in 1999; the employees did not ask to be put in that environment. He said as mayor he is going to support the employees as long as they are doing right, but if they are doing wrong that is a different situation.

Alderman Shepherd stated he and Alderman Oswalt talked a few times and also the mayor. This situation did not come overnight and it is not going to get fixed tonight. He commended Mr. Hamilton on being the animal control officer. He also said you cannot work in a hostile environment; it is a law against that as well. He said he would like to continue to have some dialogue and hopefully come to a resolution within the next 90 days. He said he believed the animal control department was understaffed and suggested some training. Mayor McCoy said the animal control officers are scheduled to go to some training next month. He also said the charges against Mr. Hamilton included that the dogs were not being fed and watered, he said the humane society has the same responsibility as animal control; they could feed and water the dogs.

Alderman Twillie asked if the council could wait on discussing the matter until the situation with Mr. Hamilton was settled and then decide what should be done. He also said, “I ‘am a little leery when we discuss a case that is in litigation. If I were on a different side, I’d be listening closely to see if I could get some fodder.” He said the discussion was going a little too far. Mayor McCoy stated Mr. Hamilton is still on the job working everyday and doing an outstanding job.

Alderman Oswalt stated he believed in freedom of press but he did not like to see a city employee talking to the press about something that they were involved in. He was not saying that they could not talk to the press; he was just saying maybe the mayor could instruct the employees. Mayor McCoy said he was standing there when Mr. Hamilton was talking to the press, he did not say anything inappropriate.

STREET FUND BILLS

Alderman Oswalt stated the Electrical Wholesale Supply bill was not being paid for $7.39, the bill was misplaced. The motion was to pay the street fund bills totaling $1,362.05. Seconded by Alderman Twillie. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Capps asked Chief Duch if the police department had a 2005 Honda? Chief Duch stated, “Yes.” The motion was made to pay general fund bills totaling $33,901.83. Seconded by Alderman Shepherd. Roll Call: All Ayes.

Announcements

Arkansas Municipal League conference June 17-19, 2009

USDA has approved $9,000 grant toward the gas pump and $90,000 toward the purchase of the police cars and waiting to hear from the $70,000 grant.

The city is listed on Senator Lincoln’s 2010 appropriation list to receive a little over 5 million dollars if approved by all the necessary parties.

Alderman Oswalt mentioned a need for the city to begin work on the fence at the Multi Purpose Center.

Alderman Oswalt stated he almost witnessed two accidents on Cross Street, there is a 25 mile speed limit sign there and people are still driving to fast.

Alderman Oswalt said he and Chief Duch met with residence in the Shady Wood who wanted to start a neighborhood watch group. Alderman Oswalt commended Chief Duch on a wonderful presentation.

Alderman Twillie made a motion to adjourn at 7:03 p.m. Seconded by Alderman Capps.

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Gordon McCoy, Mayor

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Derene Cochran, Clerk-Treasurer