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MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL FORREST CITY, ARKANSAS June 16, 2009 The City Council of Forrest City, Arkansas, met in regular session on June 16, 2009. The meeting was called to order at 6:00 p.m. Alderman Twillie opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Alderman Peacock, Hollowell, Shepherd, Twillie, Fields, Capps, and Oswalt. Alderman Jeffers was absent. Alderman Oswalt made a motion to approve the minutes of the previous
meeting. Seconded by Alderman Shepherd. Roll Call: All Ayes. UNFINISHED BUSINESS Humane Society Alderman Oswalt stated the lease agreement was never signed. He also said he read over section 6 and his understanding was if the property were annexed within a 20-year time frame, in order for the lease to be extended beyond year 20, the humane society would have to give the land over at that time. “I am not necessarily reading that if it is definitely annexed they would have to give it to us right then.” Alderman Oswalt also stated he thought this would be something that the city attorney and the humane society’s attorney should deal with. He also questioned whether an ordinance could be passed to do something with someone else’s property. Attorney Cline stated, as he recalled at that time, Chris Morledge was the city attorney and also involved with the humane society. The Morledge family owned the property and they wanted to donate it to the city, the question arose was it legal for the city to own property outside of the city limits; “some case law suggested maybe you can’t.” “The ideas evolved that the humane society would own the land and lease it to the city. We went and got an attorney general’s opinion, and in the attorney general’s opinion it would be legal.” Attorney Cline also stated it is not unusual for a building to be built on someone else land. He also said his opinion was that the ordinance and the lease were a part of each other. Even though the lease was not signed, it was voted upon and approved. The lease should have been signed. Therefore, there is a lease agreement even though it has not been signed, “That is what we all have been operating under.” The other answer is, “No we have no lease agreement with humane society.” That leaves the city owning a building and the humane society owning the land; there are still issues to work through either way. Attorney Cline also said he would be glad to do some research. Alderman Oswalt stated section 5 states that “The City of Forrest City City Council hereby further authorizes and adopts the lease agreement attached hereto, incorporated herein by references, and authorizes the mayor of the City of Forrest to execute and enter into such lease agreement with the Forrest City Humane Society.” Attorney Cline said with the 20-year language, someone may try to read it that way, but he did not think that was the intention at that time. Alderman Oswalt said he would like Attorney Cline to do the research to see where they stood. Alderman Shepherd stated that after doing the research, maybe Attorney Cline could tell them the best way to go whether to separate or not. Attorney Cline said as long as there is an animal control program and an active humane society, he did not think there would be any separation. Mayor McCoy stated everyone keeps acting like there is a signed contract; there is no such thing and the city is not obligated to the humane society. Mayor McCoy also said he had contacted former Mayor Larry Bryant and Bryant said he would not sign the lease agreement, because he was afraid of the future problems. Alderman Twillie stated the memorandum of understanding states it, because there was an option, either party could say yea or nay and one party has said no. Therefore, that severs that action regardless to whatever they were talking about as it relates to the lease signed or not signed. Mayor McCoy read a letter that the humane society sent to the newspaper, Former Mayor Larry Bryant and the city council, dated September 27, 2004 stating the reason why they were terminating the memorandum of understanding dated March 17, 1999. Mayor McCoy also said they needed to move forward and let the judge tell them who owns what; this situation needs to come to an end. He said he would get with Attorney Cline and address all the sub-sections in the ordinance and the lease agreement. Alderman Peacock asked did the president of the humane society ever come to speak to the council. He also said he would like to hear from the humane society. Alderman Oswalt stated when the council asked Mrs. Carey to come before the council, she was not available; the council never invited her to speak on behalf of the human society. Alderman Oswalt also said a few council meetings ago; some council members voiced their opinion on waiting until Mr. Hamilton’s court case was settled. Alderman Peacock asked Attorney Cline if the mayor needed the council’s permission to terminate the contract with the Humane Society. Mayor McCoy stated he was not asking for a vote, he was informing the council of his intention to send the Humane Society a new letter terminating the memorandum of understanding. And in the letter, it would state that they have 30-days to remove all and everything they have placed in the building. Because after 30-days, the locks would be changed and the Humane Society will not be allowed to go in and out of the building, unless some judge tells him differently. Alderman Oswalt asked Alderman Hollowell, Fields, and Twillie if they could remember whether there was a lease agreement presented “that night” at the council meeting. He also asked if they were under the impression that night that both parties would go on and sign the lease agreement. Attorney Cline stated there was definitely a lease agreement, a letter, an ordinance, and an explanation sent to the mayor and council member; he has it on file. After a short debate between Alderman Oswalt and Mayor McCoy, Alderman Oswalt asked Clerk Cochran to note that he left the meeting at 6:45 p.m. Attorney Cline said he thought the council does have a role since the situation deals with real property and contracts whether binding or not. He suggests that as the matter goes forward, the council should go on record somehow. Alderman Twillie said he was ready for Attorney Cline to advise them on the role of the council. Attorney Cline stated that the council has heard the mayor’s proposal of moving forward and he thought it would be appropriate to have a vote authorizing the mayor to take that action, if that is the council’s choice. Alderman Peacock asked if the council needed to vote to move forward. Attorney Cline said the council did not need to vote for him to write a letter, but the council would need to vote on further actions such ask property rights, litigations, and changing locks. Attorney Cline also said he would like to see how the court action goes and what kind of decision the judge makes because if the judge fines Mr. Hamilton guilty, then that could affect what the city does. Mayor McCoy said there are a lot of accusations going on and at this point, he is going to protect the city employees. He also stated that once again he felt that both parties could not co-exist: no action was taken. An Ordinance Amending Ordinance No. 1116 Peacock, Hollowell, Shepherd, Twillie, Fields, and Capps. All Ayes. Alderman Jeffers was absent and Alderman Oswalt had left the meeting. Alderman Shepherd made a motion to adopt the emergency clause. Seconded by Alderman Peacock. Roll Call: All Ayes.
Tax Back Resolutions Attorney Cline read Resolution Tax Back F.C. Grocery Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Shepherd. Roll Call: All Ayes. Attorney Cline read Resolution Tax Back Boar’s Head. Alderman Shepherd made a motion to adopt the resolution. Seconded by Alderman Peacock. Roll Call: All Ayes. USDA Resolutions Attorney Cline read Resolution Authorizing And Providing For The Acceptance Of A USDA Rural Development Community Facility Grant For the Purpose of Providing A Portion Of The Cost Of Acquiring Funds For The Purchase Of Police Cars And Equipment. Alderman Twillie made a motion to adopt the resolution. Seconded by Alderman Shepherd. Roll Call: Alderman Peacock, Hollowell, Shepherd, Twillie, Fields, and Capps. All Ayes. Attorney Cline read Resolution Authorizing The Mayor of Forrest
City To Apply For A Edward Byrne Memorial Justice Assistance Grant
of Behalf Of The City of Forrest City. Alderman Peacock asked what
the directed patrol program is. Chief Duch stated directed patrol
was like a saturation program, it addresses certain crime problems
in certain areas, and the grant would pay for the overtime. Permission to Bid for Police Cars Permission to Bid for Ballpark Fence Concern Citizen He also expressed his concerns about the safety of the city’s drinking water the third problem is the curfew for the teenagers. He was wondering what was the curfew law for young people after hours and if the law was being enforced. He was also concerned about the drug dealers in the areas of Cherry and Cook Streets; he wanted to know why they could not be stopped; the citizens wanted answers. Mayor McCoy stated for the pipes, he and Mr. Beazley have been in constant dialogue about the pipes. Mr. Beazley has applied for some of the stimulus money to help fix some of the leaks. Mayor McCoy said as far as the curfew, he and the police chief would look into it. Mayor McCoy told Reverend Taylor he would get him some answers in writing. TV Cable Franchise STREET FUND BILLS Alderman Twillie made a motion to pay the street fund bills totaling $1,522.02. Seconded by Alderman Capps. Roll Call: All Ayes.
Alderman Hollowell made a motion to pay general fund bills totaling $25,567.30. Seconded by Alderman Capps. Roll Call: All Ayes.
Mayor McCoy commended Public Works Director Patton for his department’s hard work in getting the streets clean and Mr. Mike Davis of Entergy for getting the utilities back on after the storm last Friday. Alderman Hollowell asked if the city needed to hire additional people to come in and help clean up the limbs and trash. Mayor McCoy stated he was not opposed to hiring additional help if needed. The street department is doing a good job on getting the streets cleaned and they have been working some overtime. Mayor McCoy had considered going back to the 5-day workweek until the streets are cleared. Alderman Twillie stated he did not see the difference in working 4-ten hour day or the 5-eight hours days. Mayor McCoy said he had some complaints from some of the councilmember about their work schedule. Alderman Capps stated he thought the city was cleaner when the crew was working 5-day workweek. Alderman Capps made a motion to adjourn at 7:20 p.m. . _______________________ |
