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04/20/2023 MINUTES WEST MEMPHIS CITY COUNCIL April 20, 2023 A regular meeting of the West Memphis City Council was held on Thursday, April 20, 2023, at 5:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis,Arkansas. Invocation was given by Pastor, Arlen Parham of I'm Apart,Missionary Baptist Church followed by the Pledge of Allegiance led by Sr. Deputy City Clerk, Patricia Lane Mayor Marco McClendon called the meeting to order at 5:00 p.m. City Clerk, Patricia Joplin, • • called the roll. Those present were Mayor Marco McClendon, City Attorney Michael Stephenson, and Council Members: Gheric Bruce, Tracy Catt, Wayne Croom, Helen Harris', Melanie Hutchinson, Willis Mondy, David Murray. and Charles Wheeless. Absent was City Treasurer, Charlie Suiter Jr and Councilors James Holt and Lorraine Mohammed, Also, present was Finance Director, Tori Perry, and Evening Times Reporter Donald Wilburn. Quorum being present Mayor McClendon, proceeded with the meeting. BID OPENINGS: NONE MINUTES: APPROVE OR CORRECT MINUTES OF APRIL 6, 2023 Councilor Catt made the motion, seconded by Councilor Croom, to dispense with the reading of the minutes of April 6, 2023, Council Meeting and to approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS: • 2ND READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 514 SOUTH 4TH STREET, PERMITTING AN AUTO WRECKER SERVICE AND AUTO STORAGE IN A I-1C INDUSTRIAL LIGHT CORE DISTRICT City Attorney Stephenson read the ordinance by title only for the SECOND time. The ordinance will be back on the agenda in two weeks for the third reading on (May 4, 2023). 2ND AN ORDINANCE TO AMEND SECTION 2-171 OF THE WEST MEMPHIS MUNICIPAL CODE ESTABLISHING THE SALARY FOR THE POSITION OF CITY ATTORNEY, AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Croom made the motion, seconded by Councilor Harris to suspend the rules, and place the ordinance on its third and final reading. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. There being no discussion. Mayor McClendon asked for a roll vote. City Clerk, Patricia Joplin called the roll. The roll call vote was as follows: YES: Bruce, Catt, Croom, Harris, Hutchinson, Mondy, Murray, Wheeless NO: None ABSTENTION: None ABSENT: Holt, Mohammed With 8 yes votes, 0 No votes, 0 Abstention votes and 2 absent votes. The motion to approve the ordinance passed The ordinance was adopted and assigned NO. 2633 PERMISSION TO ACCEPT THE CONTRACT FOR THE NEW ACCOUNTING SOFTWARE (TYLER TECHNOLOGIES). Mayor McClendon said that Finance Director, Tori Perry and Purchasing Director, Kenneth Johnson and Ethel Williams will be going to Bentonville, Arkansas to receive some training on the new software. Discussion followed: Councilor Catt said that he thought that they had missed a step in the entire process of getting the bids that they received from the 3 different companies and asked that Finance Director, Tori Perry get a copy of the bids to the clerk's office, so that they could be printed off and a copy be given to the council members. Finance Director Tori Perry explained to council members why they went with Tyler as the software provider. Ms. Perry said after they received the bid tabulations, they asked for a demonstration of the software from each one of them. CSA was not able to provide them with a demonstration. They then met with Oracle, but they found Oracle to be closed off and could only provide financials out of their system. Tyler had the ability to incorporate the entire city, so with the future in mind they decided to go with Tyler. Councilor Croom asked would the system be able to provide information to council within two weeks. Ms. Perry said the system would be open, currently they have to close each month manually but when they get this new system it will be wide open, and she will be able to give a report at any time and any date upon demand by each department. Councilor Catt asked if the not having to manually close the system and the system automatically closing for them and not having to do manual journal entries , how that would free them up. Ms. Perry said currently she does not enter her journal entries into the system . They are done on an Excel spreadsheet she then gives them to Data Processing, and they put them into the system with the new system once she puts the journal vouchers in the system they will be there and there will be no closing process and she will not have to go through multiple prelims to check the numbers, basically every thing will be done the day she actually does it. The system will provide real-time data and will be more efficient and productive and will be user-friendly. The system will shorten the time it takes them to process invoices and checks and how they do things in finance. Councilor Bruce asked if it would cut down on the length of time it takes to process things. Ms. Perry said yes. Councilor Harris asked about employees being able to go in and look at their' own information. Ms. Perry said that would be the Kronos. Ms. Perry said that would also be a part of it. Ms. Perry said council members will have their own log in to go in and look at reports instead of her having to print them off. There being no further discussion: Mayor McClendon asked for a roll vote. City Clerk, Patricia Joplin called the roll. The roll call vote was as follows: YES: Bruce, Catt, Croom, Harris, Hutchinson, Mondy, Murray, Wheeless NO: .;: None ' ABSTENTION: None ABSENT: Holt, Mohammed _With.8 yes votes, 0 No votes, 0 Abstention votes and 2 absent votes. The permission request to accept the contract for the new accounting software with Tyler Technologies. PASSED APPROVAL OF CHARITY DAY FUNDS FOR COUNCIL MEMBERS AND MAYOR MCCLENDON Councilor Croom made the motion. seconded by Councilor Hutchinson to approve the Charity Day Funds for the Council Members and Mayor in the amount of$951.00 each. Discussion followed: councilor Catt said he is in the process of getting information from previous minutes and building a spreadsheet so that each council member will have a record of who they gave their Charity Day Funds to in previous years. There being no further discussion. Upon voice vote, voting was unanimous to approve. Councilor Catt made a motion, seconded by Councilor Croom to add the distribution of Councilor Hutchinson Charity Day Funds to the agenda. Upon voice vote, voting was unanimous. r o Councilor Hutchinson asked for permission to give $500.00 of her Charity Day Funds to the West Memphis Academy Prom Promise. Discussion followed. Councilor Bruce asked what the funds would be for. Councilor Hutchinson said it would be for the Prom Promise Essay Contest. Councilor Hutchinson said that she would be awarding 5 individuals a $100.00 award for their Prom Promise Essay. Councilor Hutchinson said she will be collaborating with the West Memphis Fire Department who will also be awarding;a lucky winner the opportunity to ride on a helicopter and she will be giving a monitory award to the essay winners. Ms. Hutchinson said they are still working out all the particulars. Councilor Bruce said they he felt that Councilor Hutchinson should be specific on how the'money should be disbursed so that there is clarification. Finance Director, Tori Perry said that she can annotate in the memo of the check the specifics of how much each student receives. Councilor Hutchinson will get with Finance Director, Tori Perry, to work out the specifics. There being no further Discussion. Upon voice vote, voting was unanimous to approve. PRESENTATIONS: FAIR HOUSING PROCLAMATION- MS. MARILYN PHELIX Community Development Supervisor, Marilyn Phelix read the Fair Housing Practices Proclamation. April 20 marked the 55th anniversary of the enactment of Title VIII of the Civil Rights Act of 1968 that was amended in 1988 by the Fair Housing Amendments Act which expanded the coverage of Title VIII of the 1967 Act Title VIII of the 1968 and 1988 Acts, referred to as the Federal Fair Housing Act, made it the nation's policy to assure that fair housing becomes a reality throughout the United States, by prohibiting discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex, handicap family status or national origin, Mayor McClendon proclaimed the month of April 2023 to be "Fair Housing Month" and invited all fellow citizens to observe the month with appropriate ceremonies and activities. - PERMISSION REQUEST: PERMISSION TO ADD TWO A & P COMMISSION APPOINTMENTS TO THE AGENDA Councilor Croom made the motion, seconded by Councilor Mondy to approve adding the two appointments for the A & P Commission to the agenda. Upon voice vote, voting was unanimous. The first Appointment was Altoria Brisbon to fill an Industry Position, term to expire April 1, 2024. Ms. Brisbon works in the restaurant business. Councilor Mondy made the motion, seconded by Councilor Murray to approve. Mayor McClendon asked for a roll call vote, City Clerk, Patricia Joplin called the roll. The roll call vote was as follows: YES: Bruce, Catt, Croom, Harris, Hutchinson, Mondy, Murray, Wheeless NO: None ABSTENTION: None Absent: Holt, Mohammed With 8 Yes votes, 0 No votes, 0 Abstention votes, and 2 absent votes the request to appoint Ms. Altoria Brisbon to the A & P Commission was passed. Councilor Croom made the motion, seconded by Councilor Murray to appoint Kirby Carlson to the At-Large position, with the A & P Commission, term to expire April 1, 2027.Mayor McClendon asked for a roll call vote. City Clerk Patricia Joplin called the roll. The roll call vote was as follows: • YES: Bruce, Catt, Croom, Harris, Wheeless, Mayor McClendon voted yes. NO: Mondy, Murray, ABSTENTION : Hutchinson Absent: Holt, Mohammed Y . With 6 Yes votes, 2 No votes, 1 Abstention vote, 2 absent votes the request to appoint Mr. Carlson to the A & P Commission passed. Discussion followed: Councilor Hutchinson said her reluctancy to vote yes was due to her not having an understanding of why this position had a term of 4 years and who has the authority to appoint the person to the At-Large position based on how she interpreted the Statute. Councilor Bruce said it was his understanding that the mayor appoints the At-Large positions. A & P Director Jim Jackson said that when the A & P Commission was originally created the mayor appointed the At-Large positions, however, should a person not be able to fulfill their term the replacement would be appointed by the commissioners to appoint the At-Large and other vacancies with councils' approval. Councilor Bruce said he would like to table the appointment until at such time the council is able to review the State Statute for clarity. City Attorney Stephenson said that he discussed the matter with Mr. Jackson and he himself has reviewed the State Statute and agrees with Mr. Jackson's interpretation of the statute. After further discussion City Attorney Stephenson said he supposed that the motion to table would take precedence over the roll call vote. Councilor Catt was not in agreement and felt that they should listen to the City Attorney's recommendation. Councilor Bruce made the motion, seconded by Councilor Hutchinson to table the request for two weeks until the next council meeting on May 4, 2023, to give the council the opportunity to look over the State Statute. There being no further Discussion. Mayor McClendon asked for a roll call vote to table the permission request. City Clerk, Patricia Joplin called the roll. The roll call vote was as follows: YES: Bruce, Croom, Harris, Hutchinson, Mondy, Murray, Wheeless, NO: Catt ABSTENTION : None Absent: Holt, Mohammed With 7 votes 1 No vote, 0 Abstention votes, 2 Absent votes the motion to TABLE the permission request to appoint Ms. Kirby Carlson to the A & P Commission for 2 weeks until the May 4, 2023, council meeting PASSED (May 4, 2023 ) 111 COMMITTEE REPORTS: FIRE COMMISSION: Councilor Catt presented the Fire Commission report. The Fire Commission met on April 18, 2023. Currently there are no vacancies on the fire side. There are 10 budgeted paramedic positions and 9 are filled with 1 vacancy. There were no retirements announced. The PPE equipment that fire fighters were fitted for should be received in October. All equipment is up and running. They received 2 bids • for the Fire Station at Jackson and 18th Street for roof issues and they will be referred to administration for their decision. There are two fire fighters in EMT training, they have to weeks left. EMS calls year to date were 1,853.00 and EMS collections year to date is $114,699.76 . They have not yet determined the date when the Eason-Lang Training Facility will be ready for operation. The department has applied for the 2023 Safer Grant but have not received any notification as of yet. They are also working on a program for the fire hydrants to get them accounted for and repaired. UTILITY COMMISSION: Councilor Catt presented the Utility Commission report. The Utility Commission met on April 13,2023 at 8:30 a.m. There were 43 days since last recordable, 43 days since last lost time injury and 1 recordable injury for the year. Superintendent Maria Adams present an update on where they are with AMO project as of April 13, 2023, they have installed approximately 3,000 electric meters out of 12,000. Ms. Adams said by mid-May or the first of June they will begin the installation of the new water meters, new composite boxes with lids and AMI Ert's. General Manager , Ward Wimbish presented the Utility Ordnances 2629, 2630 and 2631 for discussion with the commission. Utility General Manager, Ward Wimbish discussed forming committees. The committees that they will be creating will be the Search Committee, Building Committee Project Committee and Power Committee. The committees will meet once a month. AIRPORT COMMISSION: Councilor Croom presented the Airport Commission report. The pre-bid meeting for the North Apron Rehab project will be May 18th and the bid opening will be scheduled for June 1. Rebel Services has been sent a notice to proceed with the Jet A Rehab project. They will start the service work on June 12 and on June 19 they will start the electrical work and installation for the credit card reader for Self -Serve. The commission approved signing a 5-year contract with Satterfield Aviation Fuels (upon the City Attorney's approval of the contract). In exchange Satterfield will contribute $25,000 toward the Jet A tank rehab project and remove the old Jet tank and pump. They will also repaint and install new decals for the Avgas tank and equipment so everything will look fresh CHAMBER REPORT: Councilor Croom presented the Chamber report. The March & April Chamber meeting agenda were light. The Chamber Committee discussed adapting the Chamber's Student Leadership Program around the West Memphis School District hybrid calendar. Adult &Student leadership programs will kick off this fall. Leadership Enrollment is now open, and you can visit the chamber's website to apply, at www:westmemphischamber.com. In March, the Chamber heard from the . Arkansas State Chamber on upcoming legislation that would impact businesses. Some upcoming events to be aware of are: MainStreet's Pop up Shop April 27-29, Families in Transition Festival April 29, 2023, Whey Good Ribbon Cutting on May 5 and Blues Off Broadway every Thursday in May at the Civic Center. ANNOUNCEMENTS: Mr. Jackson announced that Mayor Tracy Brick would like to invite any of the council members to tour the Sultana Museum. Councilor Murray and Councilor Mondy are planning to go on Monday April 24, 2023, and others interested in attending are welcome as well. Mayor McClendon gave the council an update on the Martin Luther King Project. The mayor said it is a .6-mile project. Crisp Contractors is getting some surface material changes reapproved with the State since APAC's plant updated their plant and materials. They are expecting to start in May. He said the surface material change is minor and doesn't expect any issues. They asked them to call to let them know when they would be getting started. This all is according to Phillip Rodgers with Crisp. Mayor McClendon said he spoke with James Barr. Mr. Barr is the Engineering Firm that ARDOT has contracted the Rich Road project out too. Mr. Barr explained to the mayor that the project is at 60%. Mr. Barr estimates that the project will start sometime in late Fall. Mayor McClendon announced that the Clerk's office and the Planning and Permitting Department staff were invited to speak at the April ACCRT meeting to speak to the citizens of West Memphis and Contractors about the current changes in licensing, permitting, and building codes and to educate them on what documentation a contractor should have to verify that they are licensed, bonded, and permitted to do, before hiring them to perform work in their homes. The staff will be the guest presenters at the June ACCRT meeting to provide information on licensing and permitting that will be focusing on the Senior Citizen Population and educating them on how to protect themselves and their property when hiring a contractor. Mayor McClendon addressed the concerns of the citizens of West Memphis that have called City Hall and attempted to get answers through social media to get information regarding the West Memphis School District Board and the Superintendents dismissal. The mayor said he has not been informed of any the circumstances that lead to the Superintendents dismissal to be able to speak on it. Mayor McClendon said it does give him great concern because he is affected by it because he has a child that attends school in the West Memphis School District. Mayor McClendon said that the West Memphis Schools District and Board is an entirely separate entity from the City of West Memphis Municipality and the city has no jurisdiction over the West Memphis School District. As the mayor of West Memphis his job is to see that the city is moving in the right direction. His hopes, are that any decisions being made by the School District will be made with the best interest of our children in mind and it will be resolved as quickly as possible. Y ! Councilor Bruce said that they are continuing to have problems at the Park on North 11th Street. They removed the barriers that the city put up and are now parking and driving their cars on the basketball courts, driving recklessly, and turning wheelies on the court and damaging and harassing the residents in the area near the park. Councilor Bruce said he knows that the city installed speed bumps to stop the speeding, but the problems have continued with playing loud music and throwing the basketball up against people's property and he is afraid that it is going to escalate. Councilor Bruce said he would like council to consider removing the goals. Mayor McClendon said he would ask the Parks Director, Lorenzo Parker to remove the goals , but did not feel that would rectify the problems that they are having. Councilor Bruce said the residents are fed up with the situation and these are adult men doing it and it is apparent that they are not going to follow the rules. Councilor Hutchinson said that the reason that they initially put the barriers up was to prevent them from driving onto the courts and in the grass and she was not sure what the answer was to deter the behavior. Councilor Bruce said he had a video that he was going to share with council, and the paper posted a picture of how these individuals have trashed the area. Mayor McClendon said that they were going to do everything that they could to protect the citizens, but it comes down to the respect that one has for their community and where you live and how you treat certain things. The reality is some of us know what the real problems are that are happening in our community. He said he would work with Dr. Bruce in getting the goals removed but felt that it was not going to stop the problem because they have taken them down before, he said he would like them to try and come up with some ideas to get a handle on it, because basketball is important to the youth, he himself grow up playing basketball at the community courts. Dr. Bruce addressed the issue with after code enforcement goes out to investigate a code complaint and it is corrected but shortly after the issue is a problem again and asked when they are going to start writing tickets and taking them to court. Mayor McClendon said he has already met with code enforcement and asked them to begin writing tickets. The mayor said it comes down to the mentality of certain individuals in certain areas that do not respect their own communities and will not clean up or adhere to rules and regulations. Councilor Bruce asked who homeowners contact regarding dogs running loose in the community especially Pitt bulls and chasing them. Mayor McClendon said he can call animal control or the police department. Mayor McClendon said again it comes down to an individual taking pride. City Attorney Stephenson said there is an ordinance against dogs running loose and they should contact animal control. He said when a dog is chasing you unfortunately you are more concerned for your safety and not trying to get proof. Mayor McClendon said he would have someone look into the matter if Councilor Bruce gave him an address where it is believed that the dog lives. Councilor Catt said he himself has taken pictures of stray animals and sends them to the Animal Shelter Director in order to start building a database to be able to verify that is the animal running loose. They will then notify the Police and once they verify everything the Police will do their job. Councilor Catt said the documentation is out there they just need the community to share it, and with all the ring door bells and cameras they should be able to locate the animals and address the issues with the owners, until then they just need to call the Animal Shelter and report it. Mayor McClendon said he has spoken with Southland, and they have talked about donating some land and kennels to house the animals and possibly move the shelter over there and the possibility of building a new shelter. CITIZENS REQUEST: Ms. Amanda Cook, Executive Director of Delta Arts was not present at the April 20, 2023, council meeting. Having no further business to come before the City Council, Councilor Mondy made the motion, seconded by Councilor Harris, to adjourn. Upon voice vote, the voting was unanimous. The meeting was adjourned at 6:00 p.m. PASSED and APPROVED this 4th DAY OF MAY 2023. MAR CCL DON, MAYOR ATTrS : •PATRICIA.JOPLIN, CITY CLE .Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk