The City Council of Forrest City, Arkansas, met in regular session on June 2, 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: Alderman Peacock, Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt.

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


Committees
None

UNFINISHED BUSINESS

Asphalt Bids
One bid came in from M & T Paving & Construction Company, Inc:
A. Supply ACHM Type II Surface Coarse for $68.00 Ton
B. Pave ACHM Type II Surface Coarse for 74.04 Ton
B1.Place Prime Coat for 4.25 Ton
B2.Place Tact Coat for 3.00 Ton

NEW BUSINESS

Ordinance – Hazardous or Negligent Driving
Prior to the reading of the hazardous or negligent driving ordinance, Chief Duch reviewed the current ordinance and discussed the changes. He stated the law as it stands sets fines no less than $10.00 and no more than $25.00. Chief Duch also said the fine under the existing hazardous or negligent driving is not enough to act as a deterrent. If the citation is issued on the new ordinance, rather than a regular speeding ticket, the fine money stays in the city rather than being sent to the state. Not only does it help the city; it keeps the violation off of that person’s record and it keeps their insurance from increasing. Alderman Jeffers asked how the $500 is determined. Chief Duch said that would be at the discretion of the judge.

Attorney Cline added, that figure was not set in stone. The council can decide if they did not want to give a judge that much discretion, it could be changed to $100 or $200. Attorney Cline also gave an example, if a police officer stops someone for speeding, the officer has two choices, he could cite the driver for speeding, which is a violation of state law, or he could cite the driver for a violation of this city ordinance. If the officer cites the driver for speeding and the driver is found guilty, then the judge fines the driver whatever state law sets and that money would go to Little Rock and the ticket becomes part of that person’s driving record. If the judge accesses the fine according to the city ordinance that money stays in the city and it does not become a part of the driver’s record.
Chief Duch said it depends on how bad the violation is whether the citation would be issued on state statue or city ordinance.

Alderman Twillie said the fine was too high for him, anything over 100% increase is too much; he would not be in favor of the ordinance. He also said he knew the original ordinance was over 49 years old and things have changed but 1,700% increase is pretty strong, he suggested a $200 cap. Attorney Cline said he thought $200 would be fine for the police department because any conduct the officer thought would be worse, the person would be charged with a more serious violation anyway.
After further discussion, an informal poll was taken for the ordinance. Alderman Peacock, Fields, Jeffers, Twillie, Shepherd, and Oswalt agreed for the ordinance to read $250 cap. Alderman Capps and Hollowell preferred the $500 cap.

Attorney Cline read An Ordinance Amending Ordinance No. 1116 (Code Of Ordinances Section 25-59.2. Hazardous or Negligent Driving.) Setting Fine And Court Costs For Violation; And For Other Purposes; And Declaring An Emergency.
The Ordinance was read with the fine set at $250 cap. Sponsored by Alderman Peacock. Alderman Shepherd made a motion to suspend the rules and read the ordinance for the second reading. Seconded by Alderman Capps. Roll Call: Alderman Alderman Peacock, Jeffers, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. All Ayes.
Attorney Cline read the ordinance for the second reading by title and sections only.

Promotions
Mayor McCoy recognized Jeremy Sharp of the Forrest City Fire Department who had been promoted to Lieutenant and Shedrick McClinic who was promoted from part-time to a full-time firefighter.

STREET FUND BILLS

Alderman Hollowell made a motion to pay the street fund bills totaling $12,655.35. Alderman Capps questioned the invoice from Turner Signs. Seconded by Alderman Capps. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Oswalt made a motion to pay general fund bills totaling $18,200.04. Seconded by Alderman Twillie. Roll Call: All Ayes.

Announcements
Arkansas Municipal League conference June 17-19, 2009 Hot Springs

Mayor McCoy announced that the city had received the money from the insurance company for the traffic signal at the intersection of Washington and Broadway. Mr. Patton had ordered the pole.

Mayor McCoy announced that the construction work at the city shop was 99.9% completed and the contractor was in the touch up phase.

Alderman Fields announced while driving through the city she saw a lot of stuff that the city is not allowed to pickup such as stumps. There is a pile of trash on Ash Street that has been there a month. She wanted to know, if the city is not going to pick it up who would. No one knows who put the trash there. Mayor McCoy said he, Alderman Peacock, and Mr. Patton had discussed the situation a few weeks ago. He said the city would have to remove the trash until the city ordinances were corrected. Mayor McCoy also said ADEQ had been very strict about dumping junk at the land field, and Mr. Patton needed to go to the Municipal League to sit in on one of the ADEQ meetings.

Alderman Capps asked if the street department was still working a 4-day week Schedule. Mayor McCoy said yes. Alderman Capps stated he felt that the department could get more work done in the five-days.

Alderman Hollowell asked about the skateboard park. Mayor McCoy stated that American Ramp Company from Joplin, MO was awarded the bid to do the stations. The order has been placed and it should be finished in the next 30-days.

Alderman Jeffers asked about the grown up lots around the city. Mayor McCoy said letters had to been sent out, if the owners do not cut the lots in a certain amount of days the city cuts them and the owners are fined.

Alderman Oswalt stated he had some complaints about the big trucks parking on the street between the First National Bank Branch north and McDonald’s. He said not everyone realizes that is a city street. He is afraid someone is going to be run over or slammed into trying to go between the trucks. Mayor McCoy said he had the discussion in the department head meeting a few weeks ago about putting up no parking signs.

Alderman Peacock said the trucks have to park somewhere; the city could loose a lot of sales tax money if the truckers and bus drivers were chased away. Alderman Peacock also asked how many accidents have they had at that location.

Alderman Oswalt said he did not think the trucks should be parking in the middle of the street because of the businesses out there; parking is not allowed in the middle of other streets.

Alderman Capps said he did not think that McDonald’s had a problem with the big truck parking there. Alderman Twillie said he thought they should mark the center for buses and big trucks; if they were run off it would impact the city. He agreed with Alderman Oswalt that they were in violation; that is why something needed to be lined out.

Alderman Shepherd announced that they were going to start a neighborhood watch in Ward 4.

Alderman Capps made a motion to adjourn at 7:00 p.m. Seconded by Alderman Shepherd.

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Gordon McCoy, Mayor

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Derene Cochran, Clerk-Treasurer