By KENDALL OWENS
T-H Staff Writer
With over six inches of rain recorded in the area last week, some St. Francis County roads are a little soggy as the week begins.
St. Francis County Judge Carl Cisco, who spoke by telephone this morning as he evaluated roads in the Newcastle Community, said the wet weather from last week could delay several state aid road projects that were being prepared before the heavy rains started Wednesday.
"The biggest thing that hit us last week was work we were doing to get a couple of roads ready for state aid projects. Some of that work will have to be done again because we were preparing the roads and all of the water did some damage to them. It brought all of our preparation work to a screeching stop, and we'll have to get those roads ready again," Cisco said.
While damage wasn't extensive, Cisco did say that there was some minor flooding. "We've been out looking at roads, and we've found a few washouts and some places where the water covered the road. We'll have crews out getting that fixed as soon as possible," he said.
According to St. Francis County Road Department Manager Sonny Hamilton, the damage is a continuation of problems caused by poor drainage across the area.
"This isn't something that we're the only ones facing. Every county in this area has problems with drainage because you can't just go across peoples private property and farmland to put in a good drainage system," Hamilton said.
While the county has been digging ditches, Hamilton said that still doesn't solve all of the problems.
"We're draining what we can, and we don't have many roads that are flooded out. We can build all the ditches in the world, but without the proper drainage plan to move that water, then we're really not accomplishing a whole lot," he said.
Hamilton said that the primary issue concerning drainage is with the main drainage system for the county.
"Over the years, our main drainage ditches have gotten grown up with trees, and then you have the problems with beaver damns backing the water up. The county just can't put that much money into fixing this problem so it's going to continue to be an issue," Hamilton said.
According to officials at the National Weather Service in Memphis, readings in the Memphis office indicated that a total of 6.57 inches of rain fell between Wednesday and Sunday. The heaviest rainfall was on Friday when 2.74 inches of precipitation was recorded in the county.
The Established Business and Industry committee recently wrapped up final plans and documentation for completion of the Established Business and Industry component to be included in the city's Arkansas Community of Excellence program.
The completed EBI component includes the development of a questionnaire to identify needs and problems faced by local businesses and industries, an annual visitation program, a strategic action plan and an annual appreciation plan. As part of the committee's annual appreciation plan a Business and Industry Appreciation Day was held last week.
The committee is made up of individuals, business and industry representatives and chamber members. The purpose of the component is to identify and address opportunities and problems with the local business climate as well as encourage growth and expansion. "This component is vital to the success of our future economic growth. Studies have shown that satisfied firms can be the best advertisement in attracting new firms to an area and are an excellent source of leads," said Tiffany Billingsley, ACE Coordinator for Forrest City.
The Arkansas Community of Excellence (ACE) process was initiated in Forrest City last year at a special community forum held at the Civic Center. The community was invited to share their thoughts on the city's strengths and weaknesses. The community forum also gave attendees the opportunity to vote on what ACE components they valued as most important to Forrest City's future success. Following the forum, committees were set up to begin developing plans for each of the 10 components.
The Arkansas Community of Excellence (ACE) program is the cornerstone of the state's economic development partnerships with local communities, according to a press release.
"It is a proven, effective tool used by communities in self-analysis, organization and goal setting," said Billingsley. "ACE helps communities of all sizes prepare for economic growth and community development in order to improve the area's overall quality of life. To date, 76 Arkansas communities, including two counties and two regional partnerships, have achieved ACE certification.
The ACE process focuses on planning.
"By helping communities recognize their assets and challenges, analyze alternatives, develop a plan and implement it, ACE enables communities to recognize opportunities and pursue businesses that offer economic prosperity. ACE also encourages communities to partner with other towns and state agencies to attain goals," Billingsley said.
For more information on ACE, contact the Forrest City City Hall at 633-1315 or Billingsley at 261-0408 with any questions.
A Forrest City attorney has been reprimanded for his representation of two clients involved in an auto accident.
The Supreme Court of Arkansas Office of Professional Conduct, Panel B, recently publicly sanctioned Gary James Mitchusson for misconduct and ordered him pay a fine and to make restitution to his clients. In addition to a private law practice, Mitchusson also serves as a deputy prosecuting attorney for St. Francis County.
The charges of misconduct were filed by Eugene and Martha Caudle in July last year. The information stemmed from Mitchusson's representation of the Caudles beginning in 1997.
The Caudles were involved in an accident on Aug. 20, 1997, when a Coca-Cola truck struck their vehicle. The Caudles hired Mitchusson to handle their claim, and met with him in early August 2001 to discuss the possibility of an out-of-court settlement. The case was settled for $125,000, and about two weeks later, Mitchusson received the settlement check.
In the fee agreement, the Caudles agreed to pay Mitchusson one-third of the settlement for his representation.
Because Medicare had paid for part of the medical bills incurred by the Caudles, Mitchusson set aside $41,789.17 for possible Medicare reimbursement, and had the Caudles sign a disbursement agreement to give them $10,000 in lieu of the difference between the portion set aside for Medicare reimbursement and the actual amount Medicare would eventually claim, anticipating that Medicare would waive a portion of the money owed to them, according to court records.
From the $125,000 settlement, the Caudles received $50,577.68, including the additional $10,000, and Mitchusson paid himself an initial fee of $32,653.15, including $986.49 for costs.
In the complaint filed against Mitchusson, the Caudles claim the disbursement agreement was not properly explained to them. During a subsequent meeting with Mitchusson, the Caudles said they were told they were not entitled to any remaining money left over from the funds set aside for Medicare reimbursement.
The Caudles filed the grievance against Mitchusson after they said they were unable to find out the status of the Medicare funds, and had received several letters from Medicare in 2003, stating that the healthcare provider had still not been reimbursed for medical bills, and were threatening to turn the debt over to the Department of Treasury for collection.
According to court records, after Mitchusson was contacted by the Office of Professional Conduct about the matter, he sent Medicare $7,304.13, the amount of money demanded in a letter from Medicare to the Caudles. Medicare ultimately only required reimbursement of $3,000, and therefore sent Mitchusson a check for $4,304.13, which he sent to the Caudles.
That left a balance of $24,485.04, which Mitchusson failed to keep in a trust account as required by rules governing attorneys. Mitchusson kept the balance of the funds set aside for Medicare reimbursement for himself, court records reveal.
The panel found Mitchusson violated four rules of conduct for attorneys, and fined him $2,500 plus $50 in court costs. He was also ordered to pay $24,485.04 in restitution to the Caudles.
Mitchusson was in court this morning and could not be reached for comment.
Just as one election is approaching, candidates for some city council positions to be decided in the November general election are preparing to file their intentions.
Widener is the only city in St. Francis County to vote to participate in the Primary set for May 18. Several county positions will be elected at that time, and only one will have opposition in the November election.
The county judge, county clerk and treasurer will be elected in the Primary. Sheriff Dave Parkman will face George Cochran in the Democratic Primary with the winner of that race facing independent candidate John Heckler in November.
Three cities, Forrest City, Hughes and Wheatley, adopted ordinances allowing council candidates to run as independents and setting the filing period for those candidates. These people may begin filing for council positions at noon on Wednesday, April 28, and that filing period continues through noon on Monday, May 17.
The Colt, Caldwell and Palestine city councils did not adopt an ordinance for council positions; therefore, those cities will be required to file during the state designated filing period which opens at noon on July 15 and ends at noon on Aug. 4.
Efforts to construct a walking trail at Southside Park received a boost this month with the announcement of a $35,000 grant to assist in the construction of a Standard Health and Fitness trail.
According to a press release from the office of Governor Mike Huckabee, the city's grant application was approved by the Arkansas Department of Parks and Tourism's Trails For Life Grants Advisory Committee on April 5.
A press release from Forrest City Mayor Larry Bryant's Office said that the purpose of the grant program is to provide an incentive to Arkansans to develop facilities in local neighborhoods and parks. Bryant said this morning that the grant will allow the city to continue improving the city parks as a whole.
"This is something that we can add to Southside Park that will enrich and improve the park as a whole for the citizens of Forrest City. We already have a walking trail at the Forrest City Municipal Complex that is utilized by many citizens, and that is the same type of response that we're wanting at Southside Park. Over the past few years we've worked to improve the safety at the city's parks and at the same time make improvements so that citizens can better utilize the facilities," Bryant said.
"We're wanting our people to be able to use our parks system for all of their recreation needs. If a family is planning a family reunion or a get together, instead of them going out of town, we want our parks to be a place they can go and stay right here in their own back yard," he said.
The Trails of Life program utilizes funds made available to the Arkansas Department of Health through the Tobacco Settlement Proceeds Act.
The Forrest City Airport Commission will meet in special session at 6 tonight at the airport.
Commissioners were asked by the city council to reconsider their refusal to give a portion of the airport's money for the regional airport concept.