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MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL
FORREST CITY, ARKANSAS
September 15, 2009

The City Council of Forrest City, Arkansas, met in regular session on September 15, 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, Finance Clerk Whitby, Attorney Cline, and City Council Members: Alderman Hollowell, Shepherd, Peacock, Capps, Jeffers, and Twillie. City Clerk Derene Cochran, Alderman Christopher Oswalt, and Louise Fields were absent.

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

Committees

Mayor McCoy put the humane society on the agenda for one reason. He advised that he knew the committee appointed to meet with the humane society was formed on August 4th, and the committee meeting was on August 11, 2009. “Today is September 15th, and I wanted to know if they have responded.”

Attorney Cline spoke advising that he had received email from Ms. Cary, and they were having trouble getting together explaining that several members were not able to meet due to being out of town. They expected to meet in the upcoming week.

Attorney Cline advised “by the next council meeting we will know where we stand”. Mayor McCoy explained that he just wanted to know where we stand because it has been over a month. Attorney Cline expects to hear back from them the upcoming week and will let the Mayor as well as anyone else that wants to know what decision has been made.

Alderman Peacock requested that this be placed back on the agenda for the next meeting. Mayor McCoy advised him that it would be so that they can get this matter resolved.


Unfinished Business
None


New Business

2nd Reading of Ordinance Prohibiting or Keeping Nuisance Animals

Mayor McCoy turned the discussion over to Alderman Hollowell. Alderman Hollowell stated that this is the second reading of the ordinance. “I will work with each council member to make any changes to this ordinance. Whether it is the fines, dropping rulings, or changes to the infringements.”Hollowell would like to hear from the council. Mayor McCoy said he talked to Police Chief Dwight Duch about how the ordinance was being enforced in the other town. Mayor McCoy wanted to know if the ordinance should read that more than one or two residents would be placed in the reading of the ordinance before the authorities would consider the owner to be in offense.

Mayor McCoy said “one neighbor may have a vendetta against the owner of a dog that is barking. This would just be a method of getting back at the dog owner.”

Alderman Hollowell asked if that is how the other ordinances are worded, for instance the fireworks ordinance. Mayor McCoy stated that it was just a thought that way you can avoid a person being targeted by someone with a vendetta.

Police Chief Duch stated “when the police department gets a complaint call they will go if one person calls; but you have to understand that unless the incident happens in front of them they can’t enforce the ordinance. For instance, when a firework call comes into the department, officers will take the complaint call, but if they arrive at the location and there are no fireworks to be found, the officer doesn’t arrest you on a misdemeanor because the neighbor pointed you out as the person shooting the fireworks. They have to see you committing the crime in order to enforce it. With the barking dogs they might bark constantly, but if we drive up and we don’t hear it, the law doesn’t allow the department to enforce it.”

Alderman Twillie said “that’s kind of tough because even if they go through the procedure that the attorney mentioned the judge would be out on a limb if it was just one person seeing what was happening.” He doubts that the judge would make a ruling. Alderman Hollowell stated that would be up to him. That’s what judges are for. Twillie stated we understand that something needs to be done. After further discussion Alderman Hollowell suggested that the council would make any chances necessary in the ordinance and get it to him in writing so that changes could be included and they could vote the ordinance up or down. If he can’t hear what the problem is with the ordinance then there is nothing that he can do.

Alderman Shepherd suggested that all of the city ordinances concerning Animal Control be combined to include the animal intake, vaccinations, nuisance, and documentation to make it clearer for the Animal Control Officers to do his job.

Alderman Twillie asked the Mayor if they would check with Conway and see how they enforce their ordinance. Mayor McCoy advised that if the Chief and he had to take a trip up there then they would do that. He was hoping that the person supporting the ordinance would do that homework, but he would do whatever was needed to get that done.

Mayor McCoy asked if they were going to table the ordinance. Alderman Hollowell advised that they would just table it.

Planning Board of Appeals
Alderman Capps stated that he would like to withdraw his request for Ordinance No. 1838 Requesting a Planning Board of Appeals.

Tax Back Resolution
Mayor McCoy recognized Forrest City Area Chamber of Commerce president, David Dunn. Mr. Dunn began by saying he came before the council to present some good news; Airtherm has decided to expand their plant, and consolidate some jobs in Forrest City.

The expansion investment is over $2.7 million, and will create about 45 new jobs. Airtherm looked at several different locations before deciding on Forrest City. In fact, for a while the company was closed and went through bankruptcy so they have gone through their trials and tribulations, but they felt like Forrest City was the best place for them to go. According to Mr. Dunn, even the plant manager said, “The reason he chose Forrest City was because they could find good quality labor,” and that was a good conversation to have with him. Their starting hourly wage will be a little over twelve dollars so he feels like it’s really competitive. “I am here today presenting a resolution asking for the tax back program.” said Mr. Dunn. It is the same thing that was requested for Boar’s Head, Forrest City Grocery, and Belleville Shoes.

Basically what it says is the State of Arkansas will give back its sales tax on this project as long as the city and county will agree to refund theirs as well. Dunn stated “I think that it is the least we can do to show we want them to come to Forrest City. Mayor McCoy advised that he just received the resolution this afternoon. Mr. Dunn apologized for the lateness of receiving the resolution but said it is high priority to get this resolution back to them. Mr. Dunn thanked the council and everybody for all of their support.

Attorney Cline read the resolution a motion was made by Alderman Shepherd to adopt the resolution, and seconded by Alderman Peacock. Roll Call: All Ayes


Budgeting and other Financial Issues
Alderman Fields, Jeffers, Mayors Assistant Lynch and Clerk Cochran attended Municipal League training. Alderman Jeffers gave a brief overview of the training. The league suggests that cities set up a calendar and start on the budget in September. In December the council should be ready to adopt a budget, which will go into effect in January.

Two of the sources mentioned to increase revenue or decrease expenditure at the training were (1) GIF Funded Community Enhancement Grant and (2) changing to a 4-day work week. The GIF is 100% grant money of up to $150,000 for equipment. The deadline to apply is November 20, 2009. The city of Mayflower gave a presentation on the benefits of a four day work week. According to Mayflower the 4-day work week has helped their city save on expenditures.


GENERAL FUND BILLS
Alderman Shepherd made a motion to pay General Fund Claims for $38,148.49, seconded by Alderman Capps. Roll Call: All Ayes

STREET FUND BILLS
Alderman Twillie made a motion to pay Street Fund Claims for $5,341.85, seconded by Alderman Jeffers. Roll Call: All Ayes


Announcements
Budget Meeting Scheduled for October 1, 2009 at 5:30p.m- City Hall.

Grant Work Shop- November 13, 2009-Civic Center

Street Light Repairs
Entergy Representative - Mike Davis explained that only one street light was pending repairs that requires underground repairs by their construction crews. Alderman Shepherd advised that lights were cycling across from the Library and at Gadberry’s the lights burn constantly. Mr. Davis advised that he would add those locations to his list for repairs.


Meeting adjourned by Alderman Twillie at 6:30.



______________________________
Gordon McCoy - Mayor

_________________________________
Regina Whitby – Finance Clerk


 

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