By DAVID NICHOL
T-H Staff Writer
Citing an apparent ambiguity in the city's contract with its garbage hauler, the Forrest City City Council voted Tuesday to allow King Disposal Inc. to continue charging for individual pickups at apartments which have only bins.
At issue was a part of the contract which states that in apartment complexes with more than 10 units, the pickup "may" be considered as commercial. Joe King of King Disposal said that means he does not have to charge a commercial rate for bin pickup -- which would be lower -- at those sites. Mayor Larry Bryant said he believes the company should receive the commercial rate where there are bins.
During discussion, it was brought out that King Disposal bills the same way the Forrest City Water Utility Bills -- that is, per active water meter. At places such as Grobmyer Circle, operated by the Forrest City Housing Authority, there is a master meter. However, the Housing Authority is charged every month for each occupied unit within the Grobmyer complex.
During the discussion, attorney Brad Beavers, representing King Disposal, told the council, "In this case, you have a contract with ambiguous language." He claimed that in legal cases where contracts are considered ambiguous, courts have gone strongly against the party who drew up the contract. In this case, he said, the city drew up an ambiguous contract.
Bryant said the meaning of the contract depended on who a person was representing.
"I represent the people of Forrest City," he said. "I know what was said" verbally during contract negotiations. "We knew what was meant by 'curbside.' If there was a cart, we pay for a cart. If there is a bin, we pay for a bin. It was my intention to try to have the best rate."
Bryant had estimated at the last meeting that the difference amounted to between $3,000 and $5,000 a month.
Council member A.L. Harris said the matter at hand was not what might have been said, but what is on paper.
"We have got a contract here that's got some very vague language...We're not discussing what was said," Harris insisted. "We're talking about documentation."
On the vote, Harris, John Gadberry, Roy Hancock, Glenn Ford, Chris Oswalt and Richard Benson voted yes. Cecil Twillie abstained and Mary Jeffers was absent.
In other business, the council heard third reading on three ordinances, and passed them without discussion. No one said they had received any negative feedback on any of the proposals. One ordinance rezones 851 N. Izard from residential to commercial, to allow construction of a warehouse. One imposes a $25 fine on people who do not remove their garbage carts from the curb in a timely manner.
The third, which was read for the second and third time under suspension of the rules changes the effective date of dog licenses. Licenses have been effective from May 1 through April 30. The new law changes that to the normal calendar year, January 1 through December 31.
Two bids were opened on a new traffic signal for the intersection of Division and Buford streets. The light was destroyed during the ice storm in December of 2000. This is the second time bids have been sought on the project. Both bids were from Shelby Electric of Memphis. One bid was for $14,000. The second bid added $8,700 to the bid for additional features. The bid will be studied. Most of the cost will be paid by the Federal Emergency Management Agency.
Bids on baseball uniforms were opened from Wynne Sports World and Moore Quality Sporting Goods, both of Wynne, and Gadberry Sporting goods of Forrest City. The bids were for several different styles of shirts, in adult and youth sizes. The bids will be studied.
Jim Beazley, director of the Water Utility, attended the meeting and said a bond ordinance would be presented to the council in April, to re-fund some existing bonds, an action which could save the city some money.
On another matter, Jean Guarr, representing the Forrest City Area Humane Society, asked that three council members be named to a site selection committee, to work with three Humane Society representatives, in deciding where to locate a new Humane Shelter. Council members Gadberry, ford and Oswalt volunteered to serve. Plans of the proposed shelter were viewed by council members.
The council also gave permission to seek bids for asphalt, for this summer's work.
There was an executive meeting before the regular council meeting. When the council reconvened in public, the council voted 6-0-1 to approve the police department's action of firing Officer Leslie Arias. On the vote, Ford abstained, Jeffers was absent and Gadberry, Twillie, Harris, Oswalt, Hancock and Benson voted yes.
Managing Editor
Students in the Forrest City School District continued to discourage school board members from changing the block scheduling format back to seven-period scheduling during Tuesday night's board meeting.
Three students, each representing a grade level at the high school, told board members why they are against the move.
Tenth grader Jessica Lewis said she studied under an eight-period setup at the junior high level, but found that design to be difficult considering her courseload that included advanced courses for gifted and talented students. "A change back to seven classes will not be bad, but it would have some consequences. This is about quality education and not quantity," she said.
Sara Bennett, an 11th grader, said she had experienced both types of scheduling, but prefers the block design. "I feel block scheduling is most beneficial to our education. It allows students to focus more on our courses and it better prepares us for college. It also reduces the availability for violence," Bennett said.
Senior Sara Hudson, who transferred into the district from a private-school setting, told the board she feels it is best for the student body to be under block scheduling because the longer class times allow teachers and students to develop better relationships."
After hearing their comments, board president Dr. Wayne Jones said although the board appreciates the students' concerns, it is the responsibility of the board to set policy and not to make decisions such as the type of scheduling the district implements. "We will listen to your concerns," Jones said.
In other business, board members were told that the rain will eventually quit so the junior high building project can move forward. "I'm just going to predict that it will quit raining one of these days," architect Dave Hodges joked with board members as he updated them on the project. "There is a whole lot of work going on in meetings and behind the scenes right now, although it doesn't show up on the site just yet."
Contractor Gary Kennedy also commented on the weather's impact on the project. "If the monsoon season doesn't let up soon, I don't know when we'll turn the dirt."
Kennedy said the inside work on the north classroom wing and the cafeteria is nearing completion, and the final coats of paint will be placed on the walls once the roofs on those buildings are replaced. He also told the board he is amazed that the district was able to hold classes in those rooms considering the amounts of rain coming into the building.
On a similar matter, the board agreed to have district personnel build the lockers and cabinets for teachers for the new building. The move will save the school a considerable amount of money on the project, according to Superintendent Lee Vent.
Vent also reviewed with the board a report on school districts in the state. According to Vent, the FCSD is ranked 21st in the state with an average daily attendance of 3,822. The state average is 695. The average salary for all certified personnel in district is $38,752, which ranks 17th in state. The state average salary is $33,178. The FCSD is also ranked 70th out of 310 school districts in the state in per pupil expenditures at $5,898. The state average per pupil expenditure is $5,349.
Board members recognized several students during the meeting.
Deosha Agnew was recognized for being selected as an all-state basketball player, and Willie Wade was recognized as being selected an all-state football player.
Members of the mock trial team, which won the state championship this past weekend and will travel to Mineapolis/St. Paul in May for the national competition, received plaques honoring their accomplishment.
In other business, the board heard a request from the district's personnel policy committee regarding teacher salaries. Nevada Banks requested the district release the second half of the $1,000 teacher raise promised to certified personnel before the Memorial Day holiday. "The money was promised to teachers, teachers deserve the raise and the Forrest City School District is financially able to pay," Banks said during her presentation. No decision was made.
By KENDALL OWENS
T-H Staff Writer
Tuesday marked the first day of filing for individuals running in the May 21 primary.
In Quorum Court races, four incumbents filed for reelection. O. J. Gandy Jr., filed for reelection in District 8; Henry Wilkinson, in District 6; Evans Seawood in District 5 and Sam Armstrong in District 4.
St. Francis County Judge Carl Cisco and SFC Sheriff Dave Parkman both filed yesterday, as did opposition for both. Justice of the Peace Author B. Witherspoon, of Forrest City, threw his hat into the ring for County Judge and Madison Township and Forrest City Animal Control Officer George Cochran, of Forrest City, entered the race for county sheriff. County Treasurer Elizabeth Smith also filed yesterday for reelection.
Widner Mayor Dot Halford will face off against Arvin Billingsley, and two candidates filed for constable positions. Robert Smith, of Forrest City is seeking the position of constable of Madison Township and James Roberts is seeking the position of constable of Prairie Township. Election commissioner Bettye Proctor filed for reelection to the Democratic Central Committee.
The filing period will close on Tuesday, April 2, at noon and primary elections will be held Tuesday, May 21.
By KENDALL OWENS
T-H Staff Writer
A pair of ordinances that would have benefited county employees were defeated by votes of the St. Francis County Quorum Court during the group's monthly meeting Tuesday.
On a 10-0 vote, justices adopted an ordinance naming the holidays for 2002. An additional day for the Fourth of July holiday was not included in the ordinance. Justice of the Peace Evans Seawood voiced concerns over the courthouse being closed on a Thursday and Friday, and mentioned the inconvenience that closing could cause.
"I think we owe it to the citizens of St. Francis County to keep the courthouse open so that people that are off during that time can transact their business on that Friday. Several of the factories in the area will be closed along with other businesses, and that would be a day that people could come to the courthouse to take care of things that they wouldn't be able to," Seawood said.
The mood of county employees this morning was somber at news that the holiday was not approved. One employee in the county assessor's office, who asked not to be identified, questioned the fairness of the move considering the recent cuts employees have been asked to take.
"If we had gotten the day off, it would have really smoothed things over in this office. Over the last year, the workload has increased, we've had to work short staffed, and we've also had to take a pay cut because we now have to pay a portion of our insurance. We didn't get a raise or a Christmas bonus, and those are both things that we've gotten yearly since I've been here. I just don't see the fairness to the employees in this decision," she said.
A sheriff's department employee questioned whether justices appreciated county employees. "The employees didn't get a Christmas bonus or a raise, and now they do this. This shows us that we really aren't appreciated. Each office is facing more work because everyone has had layoffs, and I don't feel that one day would have made a difference in the service we provide. It was something that would have just served to show employees that their work was appreciated."
The courthouse will be closed, Monday, May 27, for Memorial Day; Thursday, July 4, for Independence Day; Monday, Sept. 2, for Labor Day; Monday Oct. 14, for Columbus Day; Monday, Nov. 11, for Veteran's Day; Thursday, Nov. 29 and Friday, Nov. 30, for Thanksgiving and Tuesday, Dec. 24 and Wednesday, Dec. 25 for Christmas.
Another measure before the court would have created a Christmas Club Account for county employees. The move died after justices voted by a 7-2 margin, with Justice B. McCollum abstaining from the vote, not to discuss the matter. Justices O.J. Gandy Jr. and Sam Armstrong were the two dissenting votes.
In other matters, justices passed an ordinance which will adjust the start of Quorum Court meetings from 6 p.m. to 7 p.m.
Forrest City Water Commissioners agreed by unanimous vote to allow Forrest City Water Utility manager Jim Beazley to begin the process to replace a well located near the Forrest City Industrial Park, north of Forrest City.
According to Beazley, the new well is necessary to replace the #1 well after it was determined last month that the well had collapsed.
"After looking at the situation I feel that we're going to need that well back. I plan on talking with the Industrial Development District to get an easement to replace the well that went down with a supply well that will run off of electricity and not diesel. I really feel uncomfortable without it," Beazley said.
According to Beazley, the cost to replace the well should be in the $85,000 range and the replacement should be completed by late summer.
In other business, Beazley told board members that two wells near the Forrest City Civic Center also need repairs. According to Beazley, the #5 and #6 wells both need to see minor repairs and also both need to have 20-foot additions so that they can continue pumping.
"Right now both of those wells are pumping air. It's been suggested that we add 20-foot extensions to both wells and that will allow them to continue to pump for at least another 10 years," Beazley said.
Board members also gave Beazley the ok to bypass the bid process and allow the companies that did the survey's on the wells and the original installation to contract for the work. The approximate costs on repairs will be between $14,000 and $15,000 per well.
Commissioners also granted Beazley approval to seek bids on two pumps at the Mallory Road pumping station that need repairs.
"We've got two pumps that have served us well, but their time is almost up. They've been at the station since the 1970's and 25 years is long enough. We've been doing maintenance on them over the years and they've been great, it's just time to replace them," Beazley said.
Quorum Court Justice Earlene Smith today announced her candidacy for reelection to the St. Francis County Quorum Court as a democratic candidate.
Smith states that the knowledge and experience gained from being employed as an administrative assistant under past county judge Gazzola Vaccaro has allowed her to make decisions that are needed for the county to progress and operate efficiently.
"Being an employee most of my life, and now as a business woman, I can wear both hats and get a feel of both situations when resolving problems," Smith said.
Smith currently serves as chairperson for the personnel committee and also serves on the budget committee.
Smith states she has served on numerous boards and has completed leadership training through ASU. She is also a graduate of the University of Memphis, having received bachelors degrees in business and professional studies and paralegal law.
Smith and her husband Douglass are owners of Affordable Inxsurance Agency in Forrest City.
Smith has three daughters, Ta'Wanda, Ericka and Misti.
"I ask the voters in JP District 9 for their continued support," Smith said.