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01/03/2019 MINUTES WEST MEMPHIS CITY COUNCIL January 3, 2019 A regular meeting of the West Memphis City Council was held on Thursday, January 3, 2019 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Fred Leonard,followed by the Pledge of Allegiance. Mayor McClendon called the meeting to order at 1.30 p m. City Clerk, Joyce Gary, called the roll. Those present were: Mayor Marco McClendon, City Attorney Michael Stephenson, City Treasurer, Frank Martin and Council Members Melanie Hutchinson, Lorraine Robinson, lames Pulliaum, Helen Horns, Tracy Cott, Willis Mandy,lames Holt, Charles Wheeles and Wayne Croom Quorum being present, Mayor McClendon proceeded with the meeting. BID OPENING: NONE MINUTES Council Member Catt moved, seconded by Council Member Pulliaum to dispense with the reading of the minutes of December 20, 2018 City Council meeting and approve them as submitted. Upon voice vote,the voting was unanimous to approve. OLD BUSINESS: AN ORDINANCE TO ADOPT A TRAVEL POLICY FOR CITY EMPLOYEES, ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES City Attorney Stephenson read the Ordinance for the THIRD and final time Council Member Croom made a motion, seconded by Council Member Pulliaum to adopt the Ordinance Upon voice vote,the voting was unanimous to approve The Ordinance was adopted and assigned No. 2488 AN ORDINANCE TO AMEND SECTION II. USES PERMITTED AND SECTION IV ROADWAYS, ACCESS AND CIRCULATION OF THE HOPEFIELD PLANNED UNIT DEVELOPMENT OUTLINE PLAN City Attorney Stephenson read the Ordinance by title only for the SECOND time NEW BUSINESS Council Member Pulliaum made a motion, seconded by Council Member Mandy to read Rl, R- 2, R-3, R-4 and 0-1 by title only. Upon voice vote, the voting was unanimous. Council Member Pulliaum made a motion seconded by Council Member Hutchinson to table R- 1, R-2 and R-3 until the next Council Meeting on January 24, 2019. Council member Pulliaum made a motion, seconded by Council Member Hutchinson to read R- 4, and 0-1 by title only. Upon voice vote, the voting was unanimous A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON CERTAIN PROPERTIES FOR GRASS CUTTING, CLEANING, LITTER/DEBRIS AND TREE LIMBS: ETC., CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO ORDINANCE NO 1385. City Attorney Stephenson read the Resolution by title only Council Member Pullaum made a motion, seconded by Council Member Mandy to approve the Resolution. Upon voice vote, the voting was unanimous: The Resolution was adopted and assigned No. 2183. AN ORDINANCE TO AMEND ORDINANCE NUMBER 2482 FOR ADOPTING FEES AND CHARGES FOR THE CITY OF WEST MEMPHIS,ARKANSAS City Attorney Stephenson read the Ordinance for the FIRST time Council Member Catt made a motion, seconded by Council Member Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the SECOND time. Council Member Catt made a motion, seconded by Council Member Croom to further suspend the rules and place the Ordinance on its third and final reading. Upon voice vote, voting was unanimous. City Attorney Stephenson read the Resolution for the THIRD and final time. Council Member Catt made a motion, seconded by Council Member Pulliaum to approve the Ordinance. Discussion followed: Council Member Catt said that the Ordinance was to clean up an Ordinance that was passed previously. Data processing needed to clean up some items that were not correctly transposed; some of the classifications did not match up with what was submitted. The fee structure did not change. There being no further discussion. Upon voice vote, voting was unanimous to approve. The Ordinance was adopted and assigned No. 2489 Mayor McClendon announced that the January 17, 2019, Council meeting will be rescheduled, because of the Arkansas Municipal League Winter Conference from January 16, 2019 through January 18, 2019. The next Council Meeting will be held on January 24, 2019 Council Member Catt made a motion, seconded by Council Member Robinson to approve changing the Council meeting to January 24, 2018. Upon voice vote, the voting was unanimous to approve. Mayor McClendon announced the vacancy of his Council seat in Ward 4. Council Member Robinson made a motion, seconded by Council Member Mondy to call a special election for the vacant seat in Ward 4. Upon voice vote, voting was unanimous. City Attorney Stephenson said he would prepare an Ordinance for the next Council meeting that will set out dates in compliance with the State Statute outlining all the requirements. The Election must be no less than 60 days from the date the Ordinance is passed and on the second Tuesday of the month City Attorney Stephenson will contact the Election Board for other deadlines. PERMISSION REQUEST: PERMISSION FOR PUBIC WORKS TO START PAYING THE EMPLOYEES PORTION OF UNIFORMS — MRS AMANDA HICKS(TABLED) Council Member Pulliaum made a motion, seconded by Council Member Hutchinson to table the permission request until the next Council Meeting on January 24, 2019 Upon voice vote, the voting was unanimous to table. (Tabled) PERMISSION TO ADOPT CAPTILAZATION POLICY Council Member Catt made a motion, seconded by Council Member Pulliaum to adopt the Capitulation Policy. Upon voice vote, the voting was unanimous PERMISSION TO ACCEPT AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES Council Member Pulliaum made a motion, seconded by Council Member Croom to accept the agreement for Economic Development Services. Upon voice vote, the voting was unanimous. 7 PERMISSION TO ACCEPT AGREEMENT WITH CITY OF WEST MEMPHIS AND CHAMBER OF i COMMERCE J Council Member Pulliaum made a motion, seconded by Council member Croom to accept the agreement between the City of West Memphis and Chamber of Commerce. Upon voice vote, the voting was unanimous to approve. PERMISSION TO ACCEPT CITY CLERK JOYCE GRAY PLAN (ACTION PLAN IN PACKET) The City Clerk Action Plan will be tabled until next Council Meeting on January 24, 2019. Council Member Croom made a motion, seconded by Council Member Catt to table until next Council meeting. Upon voice vote, the voting was unanimous. (Tabled) COMMITTEE REPORTS: BUDGET COMMITTEE: Council Member Catt asked for permission to add R-5 to the agenda. Council Member Catt said that there was a typo on the previous Resolution approving One twelfth 1/12 of the 2019 Budget. It should have read One twelfth of the 2018 budget. Council Member Pulliaum made a motion seconded by Council Member Croom to add the Resolution to the agenda Upon voice vote, the voting was unanimous to add R-5 to the agenda. A RESOLUTION APPROVING ONE TWELFTH (1/12) OF THE 2018 BUDGET FOR THE CITY OF WEST MEMPHIS,ARKANSAS, AND FOR OTHER PURPOSES Council Member Pulbaum made a motion, seconded by Council Member Catt to read R-5 by title only. Upon voice vote, the voting was unanimous. City Attorney Michael Stephenson read R-5 by title only Council Member Croom made a motion, seconded by Council Member Catt to approve the Resolution. Upon voice vote, the voting was unanimous to approve. The Resolution was approved and assigned No.2184 Council Member Catt said that everyone was given a copy of the Budget Committee schedule for next week. The Budget Committee will meet Monday through Thursday from 3:00 p.m. to 7,00 p.m They are hoping to complete the Budget reviews that week, but if they don't they will continue the following week or after Municipal League. r APPOINTMENTS: [L Council Member Pulliaum made a motion, seconded by Council Member Mondy to table the Utility appointments indefinitely Upon voice vote, voting was unanimous. (Tabled Indefinitely) WEST MEMPHIS UTILITY APPOINTMENTS 1. LOUTELIOUS HOLMES-TO REMAIN—COUNCIL MEMBER ROBINSON APPOINTMENT 2. MR. FRED LEONARD- (REPLACE)- MRS. SUSAN MARSHALL 3. MR GERIC BRUCE- RECOMMENDED BY COUNCIL MEMBER HUTCHINSON TO REPLACE MR. WILLIE BRUCE 4. MRS. SHIRLEY PATTON BROWN (APPOINTED BY COUNCIL MEMBER PULLIAUM)-TO REMAIN 5. MR JERRY L. BURNS TO REMAIN- BY COUNCIL MEMBER TRACY CATT 6 MR. DANA PARKER (TO REMAIN)- BY COUNCIL MEMBER TRACY CATT 7. MRS. SUSAN MARSHALL— NOMINATED TO REMAIN BY COUNCIL MEMBER TRACY CATT L (Tabled Indefinitely) ANNOUNCEMENTS: Council Member Robinson clarified a statement made at a previous Council Meeting and asked for forgiveness from Mayor McClendon and fellow Council Member Croom and said she was looking forward to working with Mayor McClendon and moving forward Mayor McClendon said that he wanted everyone to know that they were a united Council and Mayor and that they are looking forward to working together and moving the City forward. CITIZEN REQUEST: NONE Having no further business to come before the City Council, Council Member Pulliaum moved, second by Council Member Catt to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:00 p.m. PASSED and APPROVED this day of January 2019. (MARCO MCCLENDON, MAYOR ATTEST: 1 C RAY, CITY CLERK Minutes prepared by Patricia Lane,Jr Deputy City Clerk City of West Memphis Capitalization Policy A capital asset is defined as tangible or intangible property that has a value equal to or greater than the capitalization threshold (detailed below) and has an estimated life of greater than one year.Capitalized assets include the following: 1. Land All expenditures made to acquire land and to ready it for its intended use should be considered as part of the land cost.These include but are not limited to the cost of: purchase, appraisals, professional services,and title insurance. 2. Land Improvement Land improvements are defined as attachments to the land that have limited lives and therefore are recorded separately and are depreciable. Improvements include the cost of fencing&gates, landscape,parking lots, recreation areas&athletic fields, paths&trails, lighting systems and water impoundment structures or attachments(Dam, Liner, other water control structures). 3. Buildings and Building Improvements A building is defined as a structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be mobile. Building improvements are defined as capital events that increase the value of a building, materially extend the useful life of a building or both.A building improvement should be capitalized as a sub-asset of the building and recorded as an addition of value to the existing building if the expenditure for the improvement is at the capitalization threshold ($100,000) and the expenditure increases the life or value of the building by 25 percent of the original Iffe period or cost. Building maintenance expenditures are not to be capitalized as building improvement. 4. Equipment Purchased equipment to be capitalized is a fixed or movable asset with a useful life of more than one year and a cost of$2,000 or more per unit. Costs of extended warranties and/or maintenance agreements which can be separately identified from the cost of the 11Page t equipment should not be capitalized. Equipment paid for jointly by the State and other ii governmental entitles should be capitalized by the entity responsible for future maintenance. I Examples of Expenditures to be Capitalized as Equipment • Original contract or invoice price • Freight charges • Import duties Handling and storage charges • In-transit insurance charges • Sales, use, and other taxes imposed on the acquisition • Installation charges • Charges for testing and preparation for use • Costs of reconditioning used items when purchased • Parts and labor associated with the construction of equipment S. Library Holdings Library holdings are generally defined as collections of books and reference materials.A library book is a literary composition bound into a separate volume and identifiable as a separate copyrighted unit. s 6. Intangible Asset Operating software included in the price of the hardware will be capitalized.When purchased separately, software will be capitalized if the cost exceeds$5,000. 7. Infrastructure Infrastructure is defined as assets that are long-lived capital assets that are stationary in nature and normally preserved for a significantly greater number of years than most capital assets. Infrastructure assets are usually part of a larger system of assets, such as roads, bridges,tunnels,water and sewer systems. Examples of Expenditures to be Capitalized as Infrastructure • Highway and rest areas • Roads,streets,curbs,gutters,sidewalks,fire hydrants • Bridges, railroads,trestles • Canals,waterways,wharf,docks,sea walls, bulkheads, boardwalks • Dam, drainage facility Radio or television transmitting tower • Electric,water and gas (main lines and distribution lines,tunnels) • Fiber optic and telephone distribution systems(between buildings) 21 Page • Light system (traffic,outdoor, street, etc.) • Signage • Airport runway/strip/taxi area/apron 8. Asset under Construction Asset under construction reflects the economic construction activity status of buildings and other structures, infrastructure (highways, energy distribution systems, pipelines, etc.), additions, alterations, reconstruction, installation, and maintenance and repairs which are substantially incomplete.Assets under construction would also include internally generated software in process. Depreciation/amortization shall not be recorded because an asset under construction is not complete or being used.The asset under construction should be capitalized to its appropriate capital asset category upon the earlier occurrence of substantial completion, occupancy, or when the asset is placed into service. RECEIVED Dat it CI a k's ff/ 31 Page AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES 1W THIS AGREEMENT entered into on this day between the City of West Memphis, Arkansas, ("the City") and The West Memphis Public Facilities Board("WMPFB"), an Arkansas industrial development corporation organized and existing by the authority of Act 404 of 1955 (ACA § 15-4-501, et seq.). WHEREAS, WMPFB is an Arkansas nonprofit industrial development corporation organized solely for the purpose of supporting the growth and development of existing businesses and industries and aggressively recruiting and developing compatible new employers for West Memphis and the surrounding area; and WHEREAS, promoting the economic development of the City and the surrounding area including promoting the growth and development of existing business and industry in the City and surrounding area are beneficial goals for the City; and WHEREAS, it is the desire of the City and WMPFB to enter into a contractual agreement by the terms of which the City will provide to the WMPFB services,expertise and consultation in industrial and economic development for the City and surrounding areas; and WHEREAS, because of its staffing, focus and purpose, the City is uniquely qualified to render such services to the WMPFB for the consideration recited below; and WHEREAS, the City employs the administrative staff within the Department of Economic Development; and WHEREAS, the West Memphis City Attorney provides representation and consultation with WMPFB; and WHEREAS,it is the agreement of the parties that the WMPFB will reimburse the City as payment for salaries to employees in the total amount of$43,000.00 per year, which compensates the City for the services of the Director of Economic Development, the Project Manager and the City Attorney. NOW, THEREFORE, for and in consideration of the mutual undertaking described herein, the parties agrees as follows: 1. Responsibilities of City. During the initial and renewal temps of this Agreement, City shall have the following responsibilities and obligations to the WMPFB: a. City shall develop and implement an overall marketing strategy designed to enhance the expansion of existing industries, the location of new industries, and the promotion of increased industrial employment in the City and surrounding area, and properties owned by the WMPFB. b. City shall provide such technical advice and assistance as requested by the WMPFB concerning potential markets and marketing strategy for industrial and economic development. C. City shall faithfully and diligently undertake the obligations •••�� assumed by it under the terms of this Agreement in order to promote the best interests of the WMPFB. 2. Term. Term of this Agreement shall be for a period of one year beginning 2018, and ending , 2019. This Agreement shall be automatically renewed for subsequent one-year terms unless sooner terminated as provided herein. With consideration paid to the City shall be renegotiated annually in the event this Agreement is renewed for subsequent terms. 3. Mutual Co-Operation The City and WMPFB agree that each will work with the other to accomplish the ultimate goals of industrial and economic development specifically described in this Agreement. 4. Termination. This Agreement may be terminated by either party upon ninety days written notice to the other. 5. Governing law. This Agreement shall construed in accordance with the laws of qw the State of Arkansas. DATED this _day of , 20. and executed this day of 20_ CITY OF WEST MEMPHIS,ARKANSAS By: Mayor ATTEST: 9C �Ck WEST MEMPHIS PUBLIC FACILITIES BOARD �r `` By: President ATTEST: Secretary RECEIVED City Clerk's Bat