Agency’s repair policy questioned over sewage issue
Council considers using city’s nuisance ordinance to force resident to take action
The Forrest City City Council is considering changing the city’s water line policy after a complaint during Tuesday’s meeting regarding a sewage issue on Virginia Circle.
Denny Jarratt addressed the council regarding sewage on the street, saying nothing had yet been done to resolve the problem.
Jarratt told the council he has two issues with the situation.
"One is I've been told under prior management if there was a problem with the city water or sewer line that involved public and private property, that the private landowner handled the part on private ground and the city handled part of the problem on public ground," said Jarratt. "Your current policy is that the property owner handles the whole thing, even if he has to dig up the public street. Seems to me the prior policy was better than the one you got now."
"My main issue is there has been sewage running out of my yard for four months and out into the street," said Jarratt. "The mayor and city council have known about it for at least two months and nothing happened."
He further stated he hired someone to dig on his property to see if the problem was on his, but found that it is not.
Water department director Edward Gregory explained that the current city policy is that the city is responsible for the main sewer line while property owners are responsible for the lines that run from their homes to the main, even if that line runs under public property.
In this case, Gregory explained, the line the department believes is causing this problem runs from a residence across the street from Jarratt’s home and under the street.
"One of the first things we tried – and we do that with any customer – is to try to do a clean out on the line," said Gregory.
He added that workers found issues with the "tie-in line" to the city's main.
He then gave the council a printout showing the sewer line in question as well as images from the main sewer line that show a tree root in the property owner's line.
"That is the issue as we know it," said Gregory.
He explained to the council that per ADEQ, there is not a written policy for cities to repair private lines and many cities have the same policy as Forrest City, with a few exceptions. He also told the council that the next step is for the water department to file paperwork to shut off water to the property owner where the problem originates until it is repaired.
Gregory also noted that if the property owner does not get the issue resolved, ADEQ will get involved.
Jarratt said he felt the cost for the repairs should not have to be paid by his neighbor all at once and that the city could do the work and let his neighbor pay the cost in smaller amounts.
Forrest City Mayor Cedric Williams said addressing the problem that way could pose a liability issue for the city, and city attorney Marshall Wright agreed.
Williams also said if the council decided to do that, the city would have to do it for everyone in the city who has the same issues.
Gregory further explained, as well, that while it is the council's choice to change such a policy, the water department is currently not staffed, funded or properly equipped to do the amount of repairs that a decision such as that would create for the city.
Wright suggested that the council use its nuisance ordinance to resolve the problem, saying there is a "strong argument" that sewage running down the street could qualify as both a nuisance and an emergency situation to get the issue resolved before placing a lien on the property.
Wright also said the property owner in question could put in writing to the city that they understood the issue and would accept a lien on the property to waive the red tape around filing the issue as a nuisance.
The council agreed to allow officials to talk with the property owner to decide the best path moving forward while also agreeing to meet to discuss the current policy.
(Continued from Page 1) In other business, the council heard updates on street light repairs and replacements from Whitney Rial and Johnny Baker with Entergy.
Rial told the council that Entergy's policy for repairs is a three-day turnaround period but that timeframe could be altered depending on the season, such as "agri-well season" or if there had been storms causing damages.
"But, we work on streetlights every day," said Rial.
Baker told the council that they had been working to install new LED streetlights in the city with many lights already having been replaced.
Baker said portions of the project from Boar's Head to Old Madison Road, the Sports Complex to the interstates and Division to Broadway streets and other sections of town had been completed.
"Our next focus is what we are calling the central business district," said Baker.
He added that a light on Newcastle Road had also been repaired and that trees had been trimmed around it, while also apologizing for the delay on that light.
Councilman Danny Capps asked to be supplied with information on how many lights the city had and how much the city is charged per light. Rial agreed to provide him with that information.
The council also approved a resolution expressing the willingness of the city to accept a grant if awarded that would provide 80% of funding to improve bike and walking trails at the Sports Complex.
When asked about the grant,
Williams said it is for $536,671.80
When put to vote, council members Chris Oswalt and Louise Fields voted against the proposal. Councilmen Capps, Marvin Metcalf, Justin Reeves and Lowry Astin voted in favor of it. Councilmen Jason Evansingston and Rev. Ronald Williams were not present to vote.
The council was also made aware of recommendations from the Municipal League in which they suggested the council set a liability settlement authority amount that the mayor could pay for liability issues in the city without having to get the full council involved.
Liabilities cover every day occurrences such as broken windows caused by crews mowing to lawsuits filed against the city.
Oswalt and Metcalf said they understood the everyday items such as broken windows and such but were not comfortable with any policy on authority that would cover any lawsuit against the city.
"As council members, we need to be involved in lawsuits. I will not vote on anything that would provide settlements in lawsuits,” said Oswalt. "Do we have any outstanding lawsuits?"
"Yes and we can provide you with that list," said Williams.
"I can get you those," added Wright. "I don't handle those as they all get submitted to the Municipal League."
Wright explained the League suggested the policy due to the sometimes timely manner in which liabilities need to be settled and with it sometimes being difficult to get the full council together to vote on those matters.
No vote was taken on the recommendation.
The council did, however, unanimously grant permission for the city to seek bids to sell a 2004 American LaFrance Freightliner fire truck.
The group also approved the payment of bills from general in the amount of $14,656.18; from street for $21,560.94; solid waste for $ 14,925.14 and water for $33,251.53.
Williams also told the council about an active shooter training class being offered by the FBI and the city’s police department at the Civic Center on Tuesday, Aug. 9, from 10: 30 a. m. until 12:30 p.m.
"This would be a great benefit to our churches and other organizations in the area," said Williams. "But, everyone is invited to come."
Williams also reported the city collected over 15,000 bottles of water for the city of Eudora and those had been delivered.
"They were ecstatic about that," said Williams.