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06/20/2019 MINUTES WEST MEMPHIS CITY COUNCIL June 20, 2019 A regular meeting of the West Memphis City Council was held on Thursday, June 20, 2019, at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Council Member Helen Harris, followed by the Pledge of Allegiance led by VFW Representative Jim Fiveash, Mayor Marco McClendon called the meeting to order at 1:30 p.m Deputy City Clerk, Starr Kelly, called the roll.Those present were. Mayor Marco McClendon, City Attorney Michael Stephenson, City Treasurer Frank Martin and Council Members: Lorraine Robinson, lames Pullmum, Helen Hams, Willis Mandy,lames Holt, Wayne Croom and Melanie Hutchinson. Absent Were: Tracy Cott and Charles Wheeless Quorum being present, Mayor McClendon proceeded with the meeting BID OPENING: STREET DEPARTMENT-2019 STREET OVERLAY BID 1 AND 2019 STREET OVERLAY BID 2 Council Member Pulliam made a motion, seconded by Council Member Croom to refer the bids back to Street Department for distribution. PRESENTATIONS: Mayor Marco McClendon and Police Chief Eddie West, recognized Lt. Brandon Gill, Fire Fighter Mark Johnson and Rob Thornton for their display of Citizenship, Compassion and their commitment to improving Community relations between the citizens of West Memphis and the West Memphis Police Department. PROCLAMATION: RESET WEST MEMPHIS NON-VIOLENCE -NIYAH NEWMAN PREMIER CHOICE, U.C. S Mayor McClendon presented a proclamation to Ms. Niyah Newman CEO, of Premier Choice, ` LCC, in recognition for her programs efforts to help address violence in the Community. Mayor McClendon declared, the 20t1 day of June 2019, as Reset West Memphis Day. Minutes: Council Member Pulliaum moved, seconded by Council Member Croom to dispense with the reading of the minutes of June 6, 2019 City Council Meeting and approve them as submitted Upon voice vote, the voting was unanimous to approve. OLD BUSINESS AN ORDINANCE TO ABOLISH ORDINANCE 2124, REGARDING THE COLLECTION OF MATERIAL OTHER THAN GARBAGE AND TO ABOLISH ORDINANCE 1789, REGARDING REMOVAL OF CONSTRUCTON DEBRIS(JUNE 6, 2019 AGENDA) Council Member Pulliam made the motion, seconded by Council Member Croom to table the Ordinance until the next Council Meeting. Upon voice vote, the voting was unanimous to table. AN ORDINANCE TO ADOPT REGULATIONS AND PENALTIES FOR NON-STORM WATER DISCHARGES TO THE STORM DRAINAGE SYSTEM FOR THE CITY OF WEST MEMPHIS, ARKANSAS,AND FOR OTHER PURPOSES(JUNE 6m AGENDA) City Attorney Stephenson read the Ordinance for the THIRD and FINAL time. Council Member Croom made the motion, seconded by Council Member Pulliam to approve the Ordinance. Upon voice vote, the vote was unanimous to approve.The Ordinance was adopted and assigned No.2508 NEW BUSINESS: Council Member Pulliaum made a motion, seconded by Council Member Hutchinson to read 0- 1 by title only. Upon voice vote, the voting was unanimous. AN ORDINANCE TO CREATE A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MWBE)THAT REQUIRES A MINIMUM OF 15% PARTICIPATION IN ALL CITY OF WEST MEMPHIS BUILDING & CONSTRUCTION PROJECTS OVER A HALF A MILLION DOLLARS($500,000.00),AND FOR OTHER J PURPOSES City Attorney Stephenson read the Ordinance by title only for the FIRST time. Council Member Pulliaum made a motion, seconded by Council Member Holt 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 Pulliaum made the motion, seconded by Council Member Mondy to further suspend the rules and place the Ordinance on its third reading. Upon voice vote,the voting was unanimous. City Attorney Stephenson read the Ordinance for THIRD and FINAL time Council Member Pulliaum made a motion, seconded by Council Member Monday to approve the Ordinance. Discussion followed: Council Member Croom asked for an explanation of the Ordinance. City Attorney Stephenson said the Ordinance will create an opportunity for certain types of disadvantaged business to be able to participate in certain types of contacts. It also provides that if the contractors cannot meet that requirement, that the requirements can be waived after it is attempted to be met. There being no further discussion. Mayor McClendon asked for a roll call vote. Deputy Clerk Kelly called roll: Yes, Council Members: Harris, Croom, Holt, Hutchinson, Mondy, Pulliaum, Robinson, No Council Members: None Abstentions: None Absent Council Members: Catt and Wheeless With 7 yes votes, 0 no votes, 0 Abstention votes and 2 absent the Ordinance passed and was assigned No. 2509 PERMISSION REQUEST: PERMISSION FOR MAYOR MCCLENDON TO SIGN A DEVELOPMENT AGREEMENT WITH THE P3 GROUP TO DESIGN, BUILD AND FINANCE THE CONSTRUCTIN OF A NEW MUNICIPAL COURT HOUSE, POLICE SUBSTATION AND TWO (2) FIRE STATIONS Council Member Pulkaum made a motion, seconded by Council Member Robinson to give permission to Mayor McClendon to sign the Development Agreement with the P3 Group to design, build and finance the construction of a New Municipal Court. Discussion followed: Council Member Croom asked City Treasurer Frank Martin where funding would come from. City Treasurer Martin said the funding would come from the Court fines and fees from General Fund Account and would not be taxable. 9,000,000.00 would in principal and $3,000,000.00 million in interest for a total of$12,000,000 00 million dollars. Council Member Croom asked S about refurbishing some existing buildings. Council Member Pulliaum said that the existing J buildings have been patched and are beyond repair Council Member Hutchinson asked if the City Attorney had time to review the Agreement. City Attorney Stephenson said that he reviewed the agreement and made changes as needed and was satisfied. Council Member Croom said he spoke with Economic Director Phillip Sorrell regarding the project, and Mr. Sorrell expressed to him that he had looked at other options and felt that P3 was the better option. There being no further discussion: Mayor McClendon asked for a roll call vote. Deputy City Clerk Kelly called the roll: Yes: Council Member Harris, Holt, Hutchinson, Money, Pulliaum and Robinson No: Council Member None Abstention: Council Member Croom Absent: Council Member Catt and Wheeless With 6 Yes votes 0 No votes, 1 Abstention vote and 2 Absent the permission to sign the Agreement with P3 Group passed. PERISSION FOR MAYOR MCCLENDON TO SIGN THE LEASE FROM AT&T(TABLED ON JUNE 6,2019) Council Member Pulliaum made a motion, seconded by Council Member Croom to table the AT &T lease Agreement until the next Council Meeting. Upon voice vote,the voting was unanimous to table. PERMISSION TO SIGN THE EMS NEW AGREEMENT WITH FIRE DEPARTMENT Council Member Pulliaum made the motion, seconded by Council Member Robinson to give permission to Mayor Marco McClendon to sign the EMS New Agreement with Fire Department. Discussion followed: Fire Chief Brewer explained that they are implementing a plan to improve upon the shortage of EMT personnel and this plan would allow them to engage, recruit and attract new EMT staff. The plan would also allow them to bring in additional staff from surrounding areas to work shifts to cover the shortage as well as recruit them to seek employment with the City of West Memphis. They currently have four EMT and should have twelve to service the needs of West Memphis There being no further Discussion: Mayor McClendon asked for a roll call vote. Deputy City Clerk Kelly called roll: Yes, Council Members Harris, Holt, Croom, Hutchinson, Money, Pulhaum, Robinson, No Council Members: None Abstentions Council Members None Absent Council Member Catt and Wheeless With 7 yes votes, 0 no votes, 0 Abstentions and 2 absent the permission to sign the New EMS Agreement passed. PERMISSION FOR THE MAYOR TO SIGN AN AGREEMENT WITH PSI (PROFESSIONAL SERVICE INDUSTRIES INC.)TO CONDUCT A PHASE It ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERY LOCATED AT THE CORNER OF GRAHAM AND BROADWAY; POTENTIAL SITE FOR THE WEST MEMPHIS MUNICIPAL COURT BUILDING COST: $20,700.00. Council Member Pulliaum made the motion, seconded by Council Member Robinson to give permission to the Mayor McClendon to sign the PSI Agreement. Discussion followed: City Treasure Frank Martin explained that they have replaced the buy and sale agreement with a letter of intent.The letter of intent goes along with permission to sign the Phase 2 EPA study on it that way once the letter of intent is signed,they can sing the agreement to do Phase 2 and then have it completed within 4 to 5 weeks and allows them to move forward if they want to with the purchase of this property. City Attorney Stephenson said procedurally the right way to do it is to get permission for the letter of intent first before they do the contract. City Attorney Stephenson directed Council attention to the last item, which is the permission to sign the letter of intent not the purchase agreement, where they would get permission for that then they would go forward with Phase 2. City Treasurer Frank Martin said Phase 2 would cost approximately$20,700.00 dollars. The letter of intent would not be a binding agreement, it would give them opportunity to do the testing if the Phase 2 study comes back acceptable It's at the City's discretion to move forward to purchase the property. There being no further discussion. Upon voice vote, the voting was unanimous to allow Mayor McClendon to sign the agreement. Mayor McClendon went back to the prior item and asked permission to sign the Agreement with P3. Council Member Pulliaum made the motion, seconded by Council Member Harris to give permission to Mayor McClendon to sign the Agreement with P3. There being no further discussion: Upon voice vote, the voting was unanimous PERMISSION FOR THE MAYOR TO SIGN A PURCHASE AND SALE AGREEMENT WITH 1 AND FLASH OIL, INC. FOR THE PROPERTY AT BROADWAY AND GRAHAM STREET IN WEST MEMPHIS, ARKANSAS FOR THE POTENTIAL SITE FOR THE WEST MEMPHIS MUNICIPAL COURT BUILDING;THIS INCLUDES A 60 DAY DUE DILIGENCE PERIOD. Council Member Pulliaum made the motion, seconded by Council Member Harris to give permission to Mayor McClendon to sign a Purchase and Sale Agreement with Flash-Oil. Upon voice vote, the voting was unanimous to approve. COMMITTEE REPORTS: Council Member Robinson reported that Keep West Memphis Beautiful Clean- Up will be Saturday June 29th from 8am-12pm. AIRPORT COMMITTEE: Council Member Croom presented the Airport report. The Airport Committee met on June 20, 2019. Susan Cook with Garver Engineers Inc. reported that the pre- construction meeting had been held for the Runway Markings Rehab project. She stated that she had received submittals this morning from the contractor. She also discussed that the runway is rescheduled to be closed on Monday July 8 2019 from 6pm-6am and again on Tuesday July 9, 2019 at Sam and Friday evening. Airport Director, Candra Suiter reported that the City tree trimmers cut trees approximately 150 feet into the wet lands, Herbal Systems has sprayed the trees on the ditch bank using a penetrate and spray system to reach the top of the trees to help mitigate the blockage of station 1 and 2. FAA will be conducting a flight check in a couple of weeks RECOMMENDATIONS: PLANNING COMMISSION RECOMMENDATIOS (SEE MATERIAL IN PACKETS) Council Member Pulliam made a motion seconded by Council Member Harris to accept the Planning Commission recommendations as presented. ANNOUNCEMENTS: CVBC Director,Jim Jackson announced that the Freedom Festival will be Friday June 28t^from 5pm-9pm at Worthington Park. Mayor McClendon asked for a recommendation to change the Council Meeting scheduled for July 4,2019, due to the upcoming 0 of July Holiday Council Member Mondy made a motion, seconded by Council Member Croom to change the City Council meeting to July 3, 2019 Upon voice vote, the voting was unanimous to change the meeting to July 3, 2019. Mayor McClendon announced that he would be able to hire 100 youth for the Summer program this summer. He also expressed the positive feedback he has received from the program so far Mayor McClendon also wanted to share his gratitude to the Council for all their support. Council Member Mondy announced that the Public Works Committee would meet following today's Council meeting CITIZEN REQUEST: Ms. Tabia M. Fuller a resident of 717 Auburn came before Council to ask for permission to put up a Greenhouse. Ms. Fuller presented a petition from Neighbors in favor of the Greenhouse. (Petition on file in City Clerk's Office) Ms. Schorlett Turner a resident of 605 Cornell came before Council to express her objections to putting up a Greenhouse and passed out petitions to Council signed by neighbors in the community (Petition on file in City Clerk's Office) Ms.June Simmons a resident of 421 S.14 Street, came before Council again to express her concerns with anyone using the Neighborhood Center, other than the children and people in the Community. Ms. Simmons is concerned with the condition of the Good Neighbor Center. Ms. Simmons had recently made a request to be able to tour the facility, but due to the mold and condition of the building it has been determined to be unsafe to enter the building Ms. Simmons inquired as to when the mold and renovations would be addressed. Mr. lames Owens, a resident of 1400 Stephanie Street, came before Council to ask for the Council to consider amending the Ordinances preventing residents from parking on the street overnight. Miss Ruby Curtis, a resident of 512 S.7 Street, signed up to speak before Council regarding the overgrown and unsightly conditions at the Awesome Products Facility. Ms. Curtis was not present Mr. Kenneth Hubbard signed up to speak before Council regarding the overgrown and unsightly conditions at the Awesome Products Facility. Mr. Hubbard was not present Council Member Pulliaum spoke on behalf of Ms. Curtis and Mr Hubbard concerns regarding the Awesome Products Facility. It was brought to Council Member Pulliam attention that the Awesome Products Facility site was overgrown and unsightly.They are asking if it is possible to have Awesome Products to put up some landscaping and or screening. Council Member Hutchinson suggested continuing talks when Ms Curtis and Mr Owens and representative from Awesome Products Facility could be present. Having no further business to come before the City Council, Council Member Pulliaum moved, seconded by Council Member Croom to adjourn Upon voice vote, the voting was unanimous. The meeting adjourned at 2:37 p.m. PASSED and APPROVED this 3'd day of July 2019. M MARCO MCDON, MOR ATTEST: rim VQ. JqytE1JRAY, CITY CLER Minutes prepared by, Starr Kelly, Deputy City Clerk