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08/17/2023 MINUTES WEST MEMPHIS CITY COUNCIL August 17,2023 A regular meeting of the West Memphis City Council was held on Thursday,August 17,2023, at 5:00 p.m. in the City Council Chambers at City Hall,205 S. Redding,West Memphis, Arkansas. Invocation was given by Pastor Johnny Whitfield of True Vine M.B.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 City Attorney Michael Stephenson,and Council Members: Gheric Bruce, Tracy Catt, Wayne Croom,Helen Harris,James Holt,Melanie Hutchinson,Lorraine Mohammed, Willis Mondy, David Murray. and Charles Wheeless. Absent was City Treasurer,Charlie Suiter Jr. Also present was Finance Director,Tori Perry,and Evening Times Reporter Donald Wilburn. Quorum being present Mayor McClendon,proceeded with the meeting. Mayor McClendon asked for permission to add the 25-167 KVA Single Phase Padmount Transformer Bid and the Resolution authorizing and approving execution of an equipment- Lease Purchase Agreement with Candence Equipment Finance,a division of Candence Bank to the agenda. Councilor Catt made the motion,seconded by Councilor Croom,to add the two items to the August 17,2023,agenda.Upon voice vote,voting was unanimous to approve. BID OPENING: CONVENTION &VISITOR BUREAU-INSTALL AND REMOVE CHRISTMAS DECORATIONS-MR.JIM JACKSON 25-167 KVA SINGLE PHASE PADMOUNT TRANSFORMERS 7620/120/240 VOLTS-WEST MEMPHIS UTILITY-WARD WIMBISH Councilor Catt made the motion,seconded by Councilor Croom,to approve the bids as submitted and to refer them back to administration. Upon voice vote,voting was unanimous. MINUTES: APPROVE OR CORRECT MINUTES OF AUGUST 3,2023 Councilor Catt made the motion,seconded by Councilor Croom to dispense with the reading of the minutes of August 3,2023,Council Meeting,and to approve them as submitted.Upon voice vote,voting was unanimous to approve. SPECIAL PRESENTATION: PRESENTATION OF ESGR STATEMENT OF SUPPORT FOR THE GUARD AND RESERVES Dr.Gill Fowler and Mr.James Pulliaum presented Statement of Support for the Guard and Reserves to Council members and City Staff Members who have pledged to continually recognize and support our country's service members and their families in peace,in crisis,and in war. OLD BUSINESS: 2ND AN ORDINANCE ADOPTING CERTAIN RULES AND REGULATIONS CONCERNING EXTERNAL NOISE ATTENUATION OF DATA CENTERS AND TO PREVENT NOISE DISTURBANCE IN THE CITY OF WEST MEMPHIS;TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES Councilor Catt made the motion,seconded by Councilor Croom to table the ordinance UNTIL THE September 21,2023,council meeting.Upon voice vote,voting was unanimous to (Tabled until September 21,2023). NEW BUSINESS: Councilor Mohammed made the motion,seconded by Councilor Murray to read-0-1 and R-1 by title only.Upon voice vote,voting was unanimous to read 0-1 and R-1 by title only. 1ST READING OF AN ORDINANCE GRANTING A (30) THIRTY DAY EXTENTION TO THE (90)NINETY DAY MORATORIUM TO PROHIBIT THE INSTALLATION OF MOBILE HOMES IN THE ZONING AREA MIXED RESIDENTIAL HIGH DENSITY(MRH) WITHIN THE CITY OF WEST MEMPHIS UNTIL SUCH TIME AS PLANNING AND DEVELOPMENT CAN RESEARCH THE NEGATIVE IMPACTS FROM THE ABUNDANCE OF MOBILE HOMES IN THE AREA,AND FOR OTHER PURPOSES City Attorney Stevenson read the ordinance by title only for the First time.Councilor Catt made the motion,seconded by Councilor Croom,to suspend the rules and place the ordinance on its second reading.Upon voice vote,voting was unanimous.City Attorney Stevenson read the ordinance by title only for the Second time. Councilor Catt made the motion,seconded by Councilor Bruce,to further suspend the rules and place the ordinance on its third reading. Upon voice vote,voting was unanimous.City Attorney Stevenson read the ordinance by title only for the Third and Final time Councilor Croom made the motion, seconded by Councilor Wheeles,to approve.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2642. R-1 AUTHORIZING AND APPROVING EXECUTION OF AN EQUIPMENT-LEASE PURCHASE AGREEMENT WITH CANDENCE EQUIPMENT FINANCE, A DIVISION OF CANDENCE BANK City Attorney Stevenson read the resolution by title only. Councilor Croom made the motion, seconded by Councilor Catt,to approve the resolution. Discussion followed. Mayor McClendon said this is an agreement with Cadence for the One Arm Bandit for the Sanitation Department. Councilor Mondy asked how long it would be before they would get the equipment.City Attorney Stephenson said he was required to do an opinion letter,which he has done,the mayor will need to sign the resolution and some other documents and then they will send the paperwork off.Mayor McClendon said that they have one on the lot and hopefully they will receive it within the next couple of weeks.There being no further discussion. Upon voice vote, voting was unanimous to approve. The resolution was adopted and assigned No. 2288. PERMISSION REQUEST: PERMISSION TO DISTRIBUTE SOUTHLAND CHARITY CONTRIBUTIONS Councilor Catt made the motion,seconded by Councilor Croom to distribute the Southland Charity Day funds in the amount of$10,091.85 each to the West Memphis Boys/Girls Club,JW Rich Girls Club,Wonder City Boys/Girls Club and LR Jackson Girls Club.Upon voice vote, voting was unanimous to approve. COMMITTEE REPORTS: FIRE COMMISSION: Councilor Catt presented a summary of the Fire Commission report. The Fire Commission met on August 15,2023.They are still in the process of writing the specs for the New Aerial Plat Form truck to replace the equipment that has reached its useful life. Fire Station 1 has had some drainage issues that has been addressed and improvements have been made. EMS calls year to date is 2805 and EMS collections year to date is$288,293.20. The Training Facility grand opening will be sometime in September.They are still working on setting the actual date.The Firefighter Junior camp will be coming up shortly.The fire department is working with the school district to be able to participate in reading to the children.The commission also discussed the plans for the new Fire Station# 6 it is currently still in the planning stages. UTILITY COMMISSION: Councilor Catt presented the Utility Commission report. The Utility Commission met on August 10,2023. The main item that the commission focused on was the approval of the Wastewater Facility Bids that the council forwarded to them.Councilor Catt said that they are short on funds for that project,but they are going to look at ways to streamline the cost and try to save 2 to 3 million dollars and the balance of it should be able to be paid for through normal operations.Councilor Catt said no rate increase came up in that conversation at that time.The Economic Development update is the Super site at 147 and Highway 70. Entergy has a project that is upcoming,and they are hoping that it is successful. Fiber Optics update is in the process of being completed.Tier One will be the first customer. Seach Committee:Four candidates have been reviewed,their compensation plans came in higher than what the Utility Commission was anticipating,but they are working through that process.Building Committee:The building committee has presented a plan to the commission for multiple repairs that are necessary,and they are currently working through the process to get bids and working with an architect to make sure that they get everything correct. The mayor added that when they get everything in place it is definitely going to change the City of West Memphis.He said not only Tier One but also the money that the Planning& Development Department got for the West Memphis Housing Authority.The mayor is scheduled to meet with the Housing Authority tomorrow to discuss the logistics of how they can begin to install internet in that area. The mayor said that this will provide high speed internet to seniors that are communicating with their physicians on-line or need to schedule an appointment and in the event of another outbreak students will be able to access the internet to do their schoolwork. INSURANCE COMMITTEE: The insurance committee met August 17,2023,at 1:00 p.m. Councilor Catt Presented the Insurance committee report.They received the claims information from May 1,2022,through April 30,2023.The claims came in at 95%of premiums paid.They plan to request a rate hold they should know by Monday August 21,2023,if that will be approved by Cigna. If it is not approved they will start putting bid packets together and have them ready to go out in September to get them back in October for council to make a decision so that they can start preparing the budget for next year.They had 23 claims that totaled almost 1.6 million dollars and it is a small number of people but a large amount of claims. Councilor Catt said it is a driving cost hard to manage. PERSONAL COMMITTEE: Councilor Hutchinson presented the Personal report. The Personal Committee met on August 9,2023.Human Resource Director,Janice Coleman gave them an II update on the Employee of the Year Award. The committee discussed the criteria for the selection process and discussed making it a formal event in the upcoming year.Councilor Hutchinson commended the Personal Committee for the amazing job that they did organizing the event and recognizing the city's employees.Ms. Coleman also confirmed the city's open positions and encouraged everyone to look at the city's website for detailed information regarding each position's job description and qualification requirements. Finance Director,Tori Perry gave the Personal Committee a synostosis of some of the ways Mayor McClendon and she had discussed to provide some incentives to city employees within this current budget to retain employees and attract future employees.Ms. Perry emphasized that the idea is to be able to create incentives that would not have to come before council for their approval.The Health Fair is scheduled for October 26,2023,at the Eugene Woods Civic Center from 11:00 a.m. to 2:00 p.m. they will provide health and wellness checks,which would consist of the flu shot,blood pressure checks,cholesterol level checks and in addition to that will be fitness activities and a martial arts self-defense demonstration,jump rope contest and door prices and food. POLICE COMMISSION: Councilor Mohammed presented the Police Commission report. The Police Commission met Monday August 7,2023,at 12:00 p.m.Chief Robert Campbell presented a spreadsheet documenting the number of staff employed at the West Memphis Police Department. 7 recruits were hired under a 3-year grant and are scheduled to start the academy in Camden,Arkansas on September 10,2023.That will bring the number of police officers up to 82. Chief Campbell and the commission discussed the new law that was passed in Arkansas regarding concealed carry weapons. Councilor Bruce said that he would like to see the city council to consider putting something in place that would protect police officers and the citizens from the concealed carry law.City Attorney Stephenson provided an explanation of the change to Act 777. City Attorney Stephenson said the only change with regard to the concealed open carry law is reciprocity,which means if you have a concealed carry license in another State then you do not have to get one for the State of Arkansas if you are coming to Arkansas.The State Legislature sets the laws to qualify to carry a concealed weapon.City Attorney Stephenson said that an establishment can post that weapons are not permitted. AIRPORT COMMISSION: Councilor Croom presented the Airport Commission report.The Airport Commission met August 17,2023.Garver Engineering reported that the opening bid for the North Apron Rehab Project was opened on August 2,2023.Crisp Contractors won the lowest bid,and they won the lowest bid for additive alternative for the North Apron.The FAA also released additional funds that the Airport would be eligible for,and the Airport Commissioners are in discussion with the FAA. CHAMBER REPORT: The Chamber is in a joint venture with the West Memphis Rotary Club to host a golf tournament. It will be Friday August 25,2023,. at the Meadowbrook Country Club. If interested in signing up to play in the tournament you can contact the West Memphis Chamber of Commerce.The funds collected will be used in the community for scholarships APPOINTMENTS: NONE PRESENTATIONS: Mayor McClendon recognized Parks and Recreation Director, Lorenzo Parker,and thanked him for his nearly 20 years of dedicated service to the City of West Memphis.Mr. Paker has accepted a position with the West Memphis School District. Mayor McClendon said that he is confident that Mr.Parker will bring the same dedication and commitment to his new role and thanked Mr. Parker for his years of service. SPECIAL PRESENTATION BY WEST MEMPHIS FIRE DEPARTMENT Chief Ealy and Chief Mabe recognized the West Memphis Firefighters who in a moment of uncertainty and hopelessness answered the call to provide mutual aid to the City of Wynne, Arkansas and choosing to serving others above themselves that were impacted by a F3 Tornado on March 31,2023. Battalion Chief Kevin Catt.Captains James Allensworth and Zackery Bailey, Lieutenants Drake Holt,Mark Johnson,Garret Taylor. Firefighters Stoney Burns,Adam Fields, Harvey Flowers,Ernest Seard,Robert Thornton,Tyler Walls.Captain Mabe recognized two firefighter for their work in rescuing a man that was trapped for several hours in his home pinned down by a tree that had fallen on top of him. Firefighters Nicholas Cupples and Noah Holt. ANNOUNCEMENTS: Mayor McClendon announced that MATA has informed him that they have gotten their ready app together. This is the App that will allow people to schedule transportation pickups to be able get to the doctors,store,school,and other appointments. The cost to use the service will be$2.00.Mayor McClendon said that service is something that the community desperately needs,he also wanted everyone to know that the delay in launching this service was not because of the City of West Memphis.This project is a MATA project and they had to work out some particulars with the app and hire drivers.The tentative launch date is by the end of the month they will be doing a test run for about 30 day just to work out the bugs,but soon the people of West Memphis will be able to take advantage of the service and he feels that it will be beneficial to the city. Mayor McClendon provided an update on the Rich Road Bridge. He said he has received a letter from James Barr of Hoff Engineers stating that the Rich road project is at 90%complete and he has submitted the plans.The other 10%will be the construction. Mayor McClendon said he and the MPO met with the State and were able to get the Lehr Street bridge on the agenda and will be the next bridge that the State will address slated for the 2024 year,he is hoping that it will not take as long as it took for the Rich Road Bridge. Mayor McClendon announced that EMO Director,Dewayne Rose has gotten another grant for AWIN.The grant amount is$650,201 dollars.It will be a 25/75 matching grant.The city will have to come up with the$200,000 dollars,but he feels that they have that taken care of because they were talking about making 5 big payments and they received to other grants already and are looking into other grants that might be available.The mayor said he is hoping to pay the minimum for the AWIN system.The mayor said that it will be an expense that they will not have to incur for the next couple of years.The grant comes from the Port Security Program through FEMA.The grant is$823,000 dollars,the portion that the Public Security will pay from FEMA will be$650,000 dollars and the city will pay$200,000 dollars Mayor McClendon said that he is happy to announce that the city is turning into a smart city, they spoke on it earlier in the meeting that the city was going to be offering hi-fiber internet for the citizens of West Memphis.Tier One will be the first customers and the Housing Authority will be the second beneficiary. Mayor McClendon said he remembered during a public meeting when a citizen remarked that the city was behind time when it was shared that a employee had to physically be present to monitor and turn on the pumps once the water levels were to high, but with the new interne service the pumping station and water station will be on-line and will be digital,the parks will have wi-fi and eventually all the citizens will be able to take advantage of the service as well. Mayor McClendon said he is trying to get a 3-4-year plan to overlay streets. Broadway and Missouri are already done,and he is asking each council member to give him a list of the street in their wards that are severely damaged that need repair,so that when they meet to go over the budget for next year they can find the money to get the city streets repaired. He is asking them to get him the list by the next council meeting on September 7,2023. Mayor McClendon said he and Purchasing Director,Kenneth Johnson had a meeting earlier in the day regarding the progress at High Tower Park. He also met previously with then Parks Director,Lorenzo Parker and other to express his frustration on how the project was going and made it clear that he was not going to do a bunch of change orders and what his expectations were for completing the project at the cost agreed upon. He said some of the issues were with preserving the trees but after meeting with them earlier they have come to a solution,they will be removing some trees that need to be removed and replanting some trees. He said he believes that all parties involved are on the same page and know what he expects,and they will be moving forward with the project to get it back on schedule. Mayor McClendon said the Sanitation department will be moving into the second phase.The plan is to start with Ward 1 on Mondays having every piece of sanitation equipment in that area to pick up trash and curbside and if someone is missed they will go back and pick it up then on Tuesday they will go to Ward 2,Wednesday Ward 3 and Thursday Ward 4 and Friday Ward 5. This will allow them if need be to go back to any area that was missed. This will also include the grass cutting department as well.This will not start until the first of the year,because they need time to inform the citizens of the changes. Mayor McClendon said that they will be doing National Night Out this year so, any citizen interested in hosting an event at their home should contact the city. Taste of the town will be Tuesday August 22,2023,at Eugene Woods Civic center and asked everyone to come out and support the event. Mayor McClendon asked everyone to be in prayer for Ms. Robbie Amos and her family who recently lost her daughter Dr.Stephanie Amos Crayton. CITIZENS REQUEST: Mr. Omenka Ojii is a resident of 400 North 36th Street in West Memphis Arkansas.Mr. Ojii said he has been dealing with the issue with loud music coming from two address at 309 N 35th Street and 403 N 35th Street he said he has contacted the police department on numerous occasions to report it,but nothing has been done and they are blasting music well into the early mornings.Mayor McClendon explained to Mr. Ojii that the police department must observe that the music is disturbing the peace at the time of their arrival in order to address it. The mayor asked Mr. Ojii had he ever attempted to speak with them about it.Mr. Ojii said that he had not because they are not the type of people you can have a conversation with.Councilor Mondy said he did not know the individuals personally,but he has spoken with Mr. Ojii concerning the loud music Councilor Mondy said this issue is in his ward and he is willing to try and have a conversation with the two individuals to see if he can resolve the issue.The mayor told Mr. Ojii that the next time the incident occurs to immediately contact the police department and stay on the line until the police arrive,once it is on record and if it is not resolved,he himself will be able to have a discussion with the police department to see why nothing is being resolved,he said he will reach out to Chief Campbell and follow up on the matter. Mr.Joel Little a property owner at 420 E Broadway known as the Red Barn in West Memphis, AR came before council to express his willingness to volunteer and offer his expertise in fund raising. He also wanted to address the issue that due to not having anywhere else to live he was living in his commercial property and was told that he could not live in the commercial • property and could not live in a building without Utilities.Mr. Little said he needs to be able to fix the building to try and sell the property.Mayor McClendon asked had Mr. Little had the opportunity to speak with the Planning Department.Mr. Little said he had only spoken with Ms. Lane. City Attorney Stevenson said the property is zoned commercial which is not residential,and he would be violating the zoning ordinance if he is in living in the building and the answer would be no,according to the zoning ordinance that the city has in place.Mayor McClendon asked Mr. Little to contact Ms. Sandra Cummings in Planning&Development to see what they could do to assist him Ms. Michelle Hensley a resident of 1506 Balfour Rd in West Memphis,Arkansas,said on July 18, 2023,during the thunderstorm as she was going through the stop sign a road closed sign blew up from the Rich Road Bridge and struck her vehicle.Ms.Hensley said she contacted the police department,and they told her they were busy at the time dealing with stop lights being out, they took her phone number and informed her that someone would meet her at her house.Ms. Hensley said she called dispatch 3 times because no one had come to her house and on the third call she was told to go to city hall.Ms.Hensley said she completed a police report and provided pictures of the damage.Ms.Hensley was told to get some estimates of the damage to her vehicle,and she did one from Ford of West Memphis and one from Steve's Auto Body in Marion,Arkansas.Ms.Hensley said she was contacted by Paulina Hensley with the Public Works Department and informed her that the mayor would need to make a decision as to if they were going to pay for the damages to her vehicle.Ms.Hensley said after hearing nothing back she reached out to the mayor who suggested that she bring it before council for their decision.Councilor Catt said as chairman of the Public Works Committee they can only make recommendations,but they have no legal authority to spend money.Also,the damage done to Ms. Hensley car was an act of nature and not as a result of the city employees and there was no responsibility on the cities behalf,so it would solely rely on the mayor to make a decision on how he wanted to handle it.Ms.Hensley said that she understands it was an act of nature, however the sandbags were not attached firmly on the signs which allowed them to blow away. City Attorney Stephenson gave his legal opinion.Governmental Entities in the State of Arkansas have governmental immunity and what that means is the city of West Memphis as a governmental entity cannot be found liable for negligence only gross negligence but in this case There is no gross negligence,the storm was unforeseen and under these circumstances it is considered an act of nature and the city has no liability for negligence. Councilor Mohammed asked if Ms. Hensley had gotten any estimates.Ms. Hensley said she got one from Ford of West Memphis for$3,700 and one from Steve's Auto repair for$3,900 Councilor Mohammed made the motion,seconded by Councilor Holt to pay the lowest quote for 3,700 for Ms. Hensley damages. Discussion followed:City Attorney Stephenson said before they make a decision they should consider who is responsible and asked was the sign a city sign or a state sign. Ms. Hensley said that it was a road closed sign for the Rich Road Bridge.Councilor Catt asked had she filed a claim with her insurance company.Ms.Hensley said she called them,and they advised her to call the city.There being no further discussion.Mayor McClendon asked for a roll call vote.City Clerk,Patricia Joplin called the role.The roll call vote was as follows: YES: Holt Hutchinson,Mohammed,Murray,Wheeless NO: Catt,Croom,Mondy ABSTENTION: None ABSENT: Bruce,Harris With 5 Yes votes,3 No votes,0 abstention,2 Absent votes the motion failed Having no further business to come before the City Council,Councilor Catt made the motion, seconded by Councilor Wheeless,to adjourn.Upon voice vote,the voting was unanimous.The meeting was adjourned at 6:40 p.m. PASSED and APPROVED this 7th DAY OF September 2023. -11(Art-i,47 frt(0,4-4.,,, MARCO MCCLENDON,MAYOR A T: 4 emie PATRICIA JOPLIN,CITY CLER K 1‘°-ej?.i)4A Minutes prepared by,Patricia Lane,Sr. Deputy City Clerk