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November 6, 2014 1 MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 6, 2014 A regular meeting of the West Memphis City Council was held on Thursday, November 6, 2014 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Brother John Rech. Mayor Johnson called the meeting to order at 1:30 p.m. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors, Ramona Taylor, Herman Coleman, Marco McClendon, Willis Mondy, James Holt, Melanie Hutchinson, Lorraine Robinson, Tracy Catt, and James Pulliaum. Absent: Councilor: Taz Tyrone. Quorum being present, Mayor Johnson proceeded with the meeting. BIDS Bids for Park Department for Franklin Park Play Ground Equipment and Installation were opened at 1:00 and copies of the bid tabulations were given to the City Council to review. Councilor Pulliaum made a motion, seconded by Councilor Robinson to accept the bids and refer to the Park Commission for final disposition. Upon voice vote, the voting was unanimous. (Copies of bid sheet attached) MINUTES Councilor Catt moved, seconded by Councilor Pulliaum to dispense with the reading of the minutes of October 16 and the Special Called Meeting of October 23, 2014 City Council meetings and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS 2"d READING AN ORDINANCE TO AMEND SECTION 6.72.010 OF THE WEST MEMPHIS MUNICIPLA CODE TO PROHIBIT EXCESSIVE NOISE FROM THE MANIFOLD OR EXHAUST SYSTEMS OF MOTOR VEHICLES IN THE CITY OF WEST MEMPHIS,ARKANSAS, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. 3rd READING AN ORDINANCE WAIVING COMPETITIVE BIDDING ON DENTAL INSURANCE, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the THIRD AND FINAL time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No.2355. 3rd READING AN ORDINANCE WAIVING COMPETITIVE BIDDING ON LIFE INSURANCE FOR CITY EMPLOYEES WITH CIGNA LIFE, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the THIRD AND FINAL time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2356. 3rd READING AN ORDINANCE WAIVING COMPETITIVE BIDDING ON GROUP HEALTH INSURANCE FOR CITY EMPLOYEES WITH CIGNA HEALTHCARE, AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the THIRD AND FINAL time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve. Upon voice vote, the voting was unanimous. Mayor Johnson explained there will be no cost increase of the health insurance this coming year. The Ordinance was adopted and assigned No.2357. NEW BUSINESS Councilor Catt made a motion, seconded by Councilor Taylor to suspend the rules and read R-1 and 0-1, by title only. Upon voice vote, the voting was unanimous. R-1 A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON CERTAIN PROPERTIES FOR DEMOLITION CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO ORDINANCE 1141 City Attorney Peeples read the Resolution. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No.2066. 0-1 AN ORDINANCE PROVIDING MINIMUM ENERGY STANDARDS FOR THE DESIGN OF NEW BUILDINGS AND STRUCTURES OR PORTIONS AND ADDITIONS TO EXISTING BUILDINGS THAT PROVIDE FACILITIES OR SHELTER FOR PUBLIC ASSEMBLY, EDUCATION, BUSINESS, MERCANTILE, INSTITUTIONAL, STORAGE,AND RESIDENTIAL OCCUPANCIES, AS WELL AS THOSE PORTIONS OF FACTORY AND INDUSTRIAL OCCUPANCIES DESIGNED PRIMARILY FOR HUMAN OCCUPANCY BY REGULATING THEIR EXTERIOR ENVELOPES AND THE SELECTION OF THEIR HVAC, SERVICE WATER HEATING, ELECTRICAL DISTRIBUTION AND ILLUMANATING SYSTEMS AND EQUIPMENT FOR EFFECTIVE USE OF ENERGY 2 City Attorney Peeples read the Ordinance for the first time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the second time. Councilor Catt made a motion, seconded by Councilor Pulliaum to further suspend the rules and place the Ordinance on the third and final reading. Councilor Coleman wanted to know the urgency of adopting the ordinance today and passing it on the emergency clause. Councilor Catt explained this was the final code that was agreed upon by the Arkansas Home Builders and the state. He said all 75 counties that issue building permits must adopt this ordinance by January 1, 2015. Discussion continued. Roll call vote was as follows: AYES: Taylor, McClendon Holt, Hutchinson, Robinson, Call, Pulliaum NOES: Coleman and Mondy The motion carried. City Attorney Peeples read the Ordinance for the third time. Councilor Pulliaum made a motion, seconded by Councilor Robinson to approve the Ordinance. Discussion was held. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2358. Councilor Catt made a motion, seconded by Councilor Taylor to amend the Emergency Clause deleting will become effective immediately upon its passage and approval and adding that the Ordinance will become in effect January 1, 2015. Upon voice vote, the voting was unanimous. Councilor Catt made a motion, seconded by Councilor Taylor to adopt the emergency clause section 3 as amended. Mayor Johnson said since it was mandatory that we adopt the ordinance before January 1, and sometimes we do not have seven members present in December, which is required to suspend the rules, it would be best to go ahead and pass the ordinance while we have seven members of the council present. Upon voice vote the voting was unanimous. The Ordinance was adopted and will become in effect January 1, 2015. PERMISSION REQUEST Councilor Coleman made a motion, seconded by Councilor Taylor to give permission for Mayor Johnson to sign the contract with CIGNA and Delta Dental for City of West Memphis Insurance. Upon voice vote, the voting was unanimous. Councilor Taylor made a motion, seconded by Councilor Catt to approve the payment of$123,072.62 to Crisp Contractors for parking area improvements at the Utility Department. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE-Councilor Taylor reported the traffic study at Avalon at Jackson and Avalon at Woods has not been completed. The Committee approved to advertise for the 2015 road material supply bids. The total for recycling in October was 17 160. 4700 pounds of that were books from the library. Due to cutting some milling the overlaying of North 32nd Street was moved from priority two to a priority one. The first Westwood Acres Stormwater Basin has been excavated and final grading is complete. There has also been some ditch clean out and culvert cleanout work from the Foxwood Area to the basin in order to mitigate flooding in that area as well. The second basin is now being excavated and is about 30%complete. The city is still having issues with the embankment on the north side of the road that may require more comprehensive measures to repair. The street Department helped Code Enforcement with mowing this grass season. Mr. Sorrell reported that the mowing behind WE Catt has been completed and there are some pipes in the grassy area that the street department still needs to haul away so the mowing can be finished. He also reported that the Street Department did some mowing and cleaning on the Ingram Street ditch and Autumn Street ditch behind Jackson Elementary. Keep West Memphis Beautiful Report—Councilor Robinson reported that Saturday there would be a group of volunteers cleaning in the Richardson area. She also reported a recurring dump site at 14th and Richardson and would like for Public Works and Code Enforcement to keep an eye on the area and all other areas that are frequently used for dumping. Mayor Johnson recognized Mr. Kyle Watkins and his group of the Jaguars football team. He said they will be playing in the Super Bowl this weekend. He said the city allocated Southland funds to the club but the boys are not able to get into the LR Jackson Girls and Boys Club to change into their uniform, do their homework after school or use the restroom. He said he has called the director several times and she will not take his calls anymore. Mayor Johnson said they have limited authority over the Boys and Girls Club in the day to day operation. Councilor Mondy said the council finally met with the Board and nothing has changed since they received their money. He also said the parents of the children need to complain to the Board of Directors to get something done. Discussion was held on the allocation of the money. City Attorney Peeples said he would look into what the Ordinance states, but felt like the allocation of the money was completely up to the City Council and they might want to remember that next time funds are allocated. Discussion continued about why she will not open the doors. It was decided that the Director should be present to discuss this matter. Tracy Catt made a motion, seconded by Councilor Mondy that the Director of the LR Jackson Girls and Boys Club and the Board of Directors be asked to attend the next Council Meeting on 11-20-14 and see why they are not providing a facility to benefit our children. Discussion continued. Councilor Pulliaum said the only criteria we have are that the clubs turn in their financial reports. He said he thinks we are in the process of working this problem out and they are going about this the wrong way. City Attorney Peeples said the money has to go to benefit the boys and girls. The City Council can allocate it to the youth as they see fit. Right now the Ordinance states they have to turn in a financial report quarterly and an activities report including a detailed report of the number of youth they served, activities they have had and a list of their programs. Roll call vote on the motion was as follows: AYES: Coleman, McClendon, Mondy, Hutchinson, and Catt NOES: ABSTAINED: Taylor, Holt, Robinson and Pulliaum The motion FAILED. Mayor Johnson said he was going to call and invite the Director to come to the next City Council Meeting. 3 CITIZENS REQUESTS Ruby Johnson, Vice-President of the NAACP Crittenden County asked to be allowed to have a key to the Roberta Jackson Community Center. She said the locks have been changed and they do not have access to their office or to have a meeting. She said they have been meeting there for forty years and have always been permitted to have a key until recently. Mayor Johnson said there is a policy now that to use the building you have to put down a deposit and then pay to rent the facility. Then, if you clean up properly after your event, you get your deposit back. Ms. Johnson said other organizations also use the building without paying rent, like the Seniors Group and the Gardening Club and asked why all of a sudden are there no keys given to the organizations that have always used the building. Frank Martin, City Treasurer said he was called to go to the building last Thursday to make sure it was ready to be used for voting and three doors were unlocked and the building had been vandalized. There was a lot of work that had to be done in time for the election. He said he has not received all the bills yet but it cost a lot to get the building in shape. Discussion continued on who should have a key to the building. Councilor Hutchinson said she would be responsible for opening the building for their meeting and making sure it is locked up until there is someone in place to oversee the building and the operation procedures are in place. Mayor Johnson said he did not mind if an elected official had a key and was responsible for opening and closing the building for their next meeting. Having no further business to come before the City Council, Councilor Coleman moved, second by Councilor Robinson to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:30 p.m. PASSED and APPROVED this 20th day of November, 2014. WILLIAM H. JOHNS , MAYOR ATTEST: PHILLIP P- , CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Clerk J CITY Of WEN MEMPHIS 205 S.Redding•P.O.Box 1728•West Memphis,Arkansas 72303-1728•(870)732-7500 Bid Tabulation Sheet Park Department For Franklin Park Play Ground Equipment and Installation November 6,2014 BIDDER BID AMOUNT Mid-South Recreation Chris Jones $ NOo Welco Services Brent Williams $ 3 )4(92.00 T.C. Landscape Clyde Blaylock $ Cv0 - d An Equal Opportunity Employer