MINUTES OF THE REGULAR MEETING



MINUTES OF THE REGULAR MEETING

FORREST CITY CITY COUNCIL

FORREST CITY, ARKANSAS

January 21, 2020

The City Council of Forrest City, Arkansas met in regular session on January 21, 2020. Mayor Williams called the meeting to order at 6:00 p.m. Alderman Williams offered prayer after which the Pledge of Allegiance was led by Alderman Poteat. The following answered roll call: Mayor Williams, Clerk Cochran, Attorney Wright, and City Council members: Williams, Capps, Metcalf, Fields, Reeves, Poteat Oswalt, and Evansingston.

Alderman Capps made the motion to approve the January 7, 2020 regular meeting minutes. The motion was second by Alderman Metcalf. Roll Call: All Ayes. The motion passed.

REPORT OF COMMITTEES

None

PUBLIC COMMENTS

None

UNFINISHED BUSINESS

Resolution

Attorney Wright Read A Resolution By The City Of Forrest City Supporting The House Joint Resolution 1018 Of 2019 (HJR 1018 Of 2019), Proposing An Amendment To The Arkansas Constitution To Continue A Levy Of A One-Half Percent Sales And Use Tax For State Highways And Bridges; County Roads. Bridges, And Other Surface Transportation, And City Streets, Bridges, And Other Surface Transportation After The Retirement Of The Bonds Authorized In Arkansan Constitution, Amendment 91, As Special Revenue To Be Distributed under The Arkansas Highway Revenue Distribution Law.

Alderman Fields made a motion to adopt the resolution. The motion was second by Alderman Capps.

Roll Call: Alderman Williams, Fields, Capps, Poteat, Reeves, and Evansingston All Ayes. Alderman Metcalf said No and Alderman Oswalt Abstained. The motion passed.

NEW BUSINESS

Personnel Committee Report

Alderman Oswalt stated the personnel committee met and went over the personnel policy and had a discussion on the definition of a car allowance. There were four members present, they all voted to recommend the decision to the council. The policy will read, those elected officials and employees who receive a car allowance, the allowance will be used for gasoline, upkeep, taxes and licenses on their personal vehicles. Alderman Oswalt made a motion to adopt the decision into the personnel policy.

The motion was second by Alderman Williams. Roll Call: All Ayes. The motion passed.

Permission to Request for RFQ’s for Professional Services

Mayor Williams asked permission to request for RFQ’s for professional services. Alderman Fields asked what kind of professional services. Mayor Williams stated he was asking for RFQ’s for professional engineers for future, such as drainage problems. There is bond money for engineers to tell us exactly what is needed. Another issue is Stuart Springs Park is eroding at the driveway and there are ongoing issues at Campbell Drive. There are drainage issues on Dawson Road, the city needs professional people to look at these issues to make sure they are done right.

Alderman Williams made a motion to allow Mayor Williams permission to bid for RFQ’s for professional service. The motion was second by Alderman Capps. Roll Call: All Ayes. The motion passed.

Retro Longevity/Education Payments

Mayor Williams recognized water department employee, Edward Gregory. Mr. Gregory stated he had been chosen to come before the council to get a decisive answer on the water department employee’s longevity and education back pay. Mr. Gregory presented the council with an un-official document with calculated figures for each employee. He stated, in November 2014, the

January 21, 2020 Minutes cont.

water commission was abolished. In March 2015, the council created a resolution that put the city water employees under the city’s policies. During that time, adjustments were made to the sick and vacation time but not the longevity and education pay. Mr. Gregory stated, in October 2015, the water employees received one check with the longevity and education pay, then that payment was stopped, a memo was given stating that the payments were premature and proper authorization was needed to continue the payments.

The council approved beginning longevity and education pay for employees in March 2019 for the employees that qualified. During that meeting, the council asked Attorney Wright to research the legality of approving retro pay. The council decided not to retro pay the employees until they received an answer from the attorney; there was never a motion to go back and pay the retro pay.

Alderman Poteat asked Attorney Wright for the legal ramifications of paying or not paying the back pay. Attorney Wright said he would have to research the matter, but it is the council’s decision they are the policy makers. Alderman Poteat asked if there is anything else that needed discussing so the council can be done with this. Mr. Gregory stated there is a city water policy issue with retirement that has been in place a long time; a decision needs to be made concerning the retirement.

Alderman Metcalf stated the council needs to come together and solve these issues no matter how long it takes, so the same issues won’t be brought back to the city council. After further discussion, Alderman Oswalt made a motion to grant qualifying employees’ retroactive longevity and education pay for city water employees employed as of March 1, 2015 through March 15, 2019. The motion was second by Alderman Metcalf. Roll Call: All Ayes. The motion passed.

A Resolution

Attorney Wright read A Resolution Authorizing and Adopting a 3% Raise in Pension for Former Mayor Larry Bryant Attorney Wright stated the statue allows the increase if the council agrees. Alderman Poteat stated she understood the statue, if a retiree has been retired twelve full months, a cost of living up to 3% will be added at the beginning of each January.

Attorney Wright stated as long as it is approved by the city council.

Alderman Capps asked who presented the resolution. Mayor Williams said the city clerk. Alderman Oswalt asked Attorney Wright when the pension was approved and was it done by a resolution or ordinance. Attorney Wright said by resolution. Alderman Oswalt asked the city clerk if she knew the cost of living rate APERS is giving. Clerk Cochran stated no. Alderman Oswalt said if we were giving the cost of living raise, then it should be in line with APERS.

Alderman Metcalf stated Sub-Section A-5 states, if a retiree has been retired for at least 12-months, a cost of living increase up to 3% shall be added.

Mayor Williams stated it applies only if approved by the city council.

Alderman Metcalf made a motion to adopt the resolution authorizing a 3% cost of living increase in pension for former Mayor Larry Bryant based on sub-section 6 of the statue. The motion was second by Alderman Fields. Roll Call: Alderman Williams, Metcalf, and Fields All Ayes.

Alderman Reeves, Capps, Poteat, and Oswalt All Nays. Alderman Evansingston Abstained. The motion Failed.

150 Years Sesquicentennial Celebration Discussion

Mayor Williams stated $25,000 seed money was put in the A & P budget for the celebration and he would like to transfer that money over to the general fund. The purpose of the money is to give resources to the different organizations to have an opportunity to do things our citizens would be proud of. Alderman Metcalf asked who would distribute these funds to the different organizations. Mayor Williams said it would be recommendations by the committee and brought back to the city to distribute the funds. Mayor Williams said he would like for the city council to take charge and help put a committee together of local individuals so the city could have a true celebration since the city is turning 150 years old. Alderman Oswalt asked City Attorney if the different organization would need to sign a contract with the city for funds to satisfy state auditors. Attorney Wright stated “Yes, I would suggest it.” Alderman Williams made a motion authorizing the city council to appoint a city council member as chairman of the committee celebrating 150-years of the City of Forrest City. The motion was second by Alderman Poteat. After some discussion, it was suggested that Alderman Williams accept the position as chairman

and Alderman Poteat would serve on the committee as well. Roll Call: All Ayes. Motion passed.

January 21, 2020 Minutes cont.

Water Department Franchise Ordinance

Attorney Wright stated he needs to adjust the ordinance to a percentage instead of a flat fee and have it ready for the next council meeting.

GENERAL FUND BILLS

Alderman Oswalt made a motion to approve and pay the General Fund bills in the amount of $20,087.76. The motion was second by Alderman Fields. Roll Call: All Ayes. The motion passed.

STREET FUND BILLS

Alderman Fields made a motion to approve and pay the Street Fund bills in the amount of $2,416.57. The motion was second by Alderman Evansingston. Roll Call: All Ayes. The motion passed.

SOLID WASTE FUND BILLS

Alderman Poteat made a motion to approve and pay the Solid Waste Fund bills in the amount of $36,723.67. The motion was second by Alderman Reeves. Roll Call: All Ayes. The motion passed.

FORREST CITY WATER UTILITY

Alderman Capps made a motion to approve and pay the Forrest City Water Utility bills in the amount of $27,211.48 less the two refund invoices. The motion was second by Alderman Williams. Roll Call: All Ayes. The motion passed.

ANNOUNCEMENTS and Updates

Mayor Williams stated the aquatic center health inspection is coming up this Thursday; hopefully it passes inspection then we will be ready to open in a week and a half. Still working on a few minor items here at city hall; still looking to have a joint open house reception.

Mayor Williams announced a job fair for the United States Census 2020 for applicants in the surrounding counties Friday, January 24, 2020 at the civic center starting at 10:00a.m. until noon. The jobs start at $17.00 per hour plus mileage. There will be a census recruiter on site to help fill out the applications

Mayor Williams stated Dr. Martin Luther King Jr. day was celebrated yesterday. He gave thanks to the Forrest City School Association for putting on a great program. Alderman Williams was present, and a proclamation was given on behalf of the city.

For additional context, reference the January 21, 2020 tape.

Alderman Williams made a motion to adjourn at 7:12 p.m.

___________________

Cedric Williams, Mayor

______________________________

Derene Cochran, City Clerk-Treasurer

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