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11/16/2023 • MINUTES WEST MEMPHIS CITY COUNCIL November 16,2023 A regular meeting of the West Memphis City Council was held on Thursday,November 16, 2023,at 5:00 p.m.in the City Council Chambers at City Hall,205 S.Redding,West Memphis, Arkansas. Invocation was given by Mr.Ashley 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,Melanie Hutchinson, Lorraine Mohammed, Willis Mondy,David Murray. and Charles Wheeless.Absent was City Treasurer,Charlie Suiter Jr.,and Councilor James Holt.Also,present Finance Director,Tori Perry. Evening Times Reporter Donald Wilburn was notified but was not in attendance. Quorum being present Mayor McClendon,proceeded with the meeting. BID OPENING: NONE MINUTES: APPROVE OR CORRECT MINUTES OF NOVEMBER 2,2023 ' Councilor Catt made the motion,seconded by Councilor Croom to dispense with the reading of the minutes of November 2,2023,Council Meeting,and to approve them as submitted.Upon voice vote,voting was unanimous to approve. OLD BUSINESS: 3RD READING OF AN ORDINANCE TO AMEND SECTION 5 OF ORDINANCE NO. 1588 ESTABLISHING THE MOSQUITO CONTROL SERVICES PROVIDING FUNDING,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the THIRD AND FINAL time. Councilor Croom made the motion,seconded by Councilor Bruce,to approve.Upon voice vote, voting was unanimous to approve.The ordinance was adopted and assigned No.2652. 3RD READING OF AN ORDINANCE TO AMEND ORDINANCE NO.2504 AND SECTION 34-30 OF THE WEST MEMPHIS MUNICIPAL CODE,TO SET GARBAGE COLLECTION FEES AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the THIRD AND FINAL time. • Councilor Catt made the motion,seconded by Councilor Mondy to approve. Discussion followed.Mayor McClendon said that they are raising the fees to help the Sanitation department operate more efficiently. The fee is being increased from$17.75 to$18.50.The citizens will receive notification of their increase in their utility bill and on the cities social media page. The mayor said that on Mondays the Sanitation Department will pick up trash,and curbside,and the street sweepers,grapple trucks,and the litter department will all be in Ward 1,on Tuesdays they will all be in Ward 2,on Wednesdays they will all be in Ward 3,on Thursday they will all be in Ward 4 and on Friday they will all be in Ward 5. He also said that the Sanitation supervisors will be riding through the areas to check and see if anything was not picked up. He is asking the citizens to make sure that they place their garbage cans out on the curb facing the right direction and have a distance of at least a 4-foot between trash cans and curbside trash so that the grapple truck can pick it up. Councilor Harris asked about the holidays.Mayor McClendon said that the Sanitation Department post the holiday schedule on social media to inform the citizens of the holiday pickup schedule.Mayor McClendon said they just received the New Rear End loader and that should certainly help to improve things and they will continue to work towards improving the process.There being no further discussion. Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2653.The ordinance will be published in the Evening Times by the City Clerk's Office on December 6,2023. 3RD READING OF AN ORDINANCE TO AMEND SECTION 10 OF ORDINANCE NO 2472 TO INCREASE FEES AND ADD TRADES,BUSINESSES PROFESSIONS,VOCATIONS AND/OR CALLINGS FOR WHICH A PRIVILEGE LICENSE SHALL BE PAYABLE,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the THIRD AND FINAL time. Councilor Catt made the motion,seconded by Councilor Murray,to approve.Discussion followed: Councilor Mohammed asked if the ordinance had been published to notify the citizens before the fees are imposed.Mayor McClendon explained that the fees do not go into effect until January and the,ordinance had to be adopted first by council and then the clerk's office would publish it. Councilor Catt said it would be published in the newspaper and or posted in 5 public places to notify the citizens before fees take effect.There being no further discussion.Upon voice vote,voting was unanimous to approve. The ordinance was adopted and assigned No.2654. The ordinance will be published in the Evening Times on December 6, 2023,by the City Clerk's office. NEW BUSINESS: Councilor Mohammed made the motion,seconded by Councilor Catt to read R-1,0-1,0-2,0-3, 0-4,0-5 and 0-6 by title only.Upon voice vote,voting was unanimous. R-1 A RESOLUTION CERTIFYING THE CONDEMNATION AND REMOVAL OF HOUSES,BUILDINGS,AND/OR RESIDENTIAL STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CITY OF WEST MEMPHIS CORPORATE LIMITS City Attorney Stephenson read the resolution by title only. Councilor Croom made the motion, seconded by Councilor Wheeless to approve.Discussion followed. Councilor Catt said he submitted a new attachment A for the record.There being no further discussion.Upon voice vote,voting was unanimous to approve The resolution was adopted and assigned No.2292. 0-1 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE REPAIR OF FLOOD POND PUMP#2 MOTOR,DECLARING AN EMERGENCY AND FOR OTHER PURPOSES City Attorney Stephenson 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 Stephenson read the ordinance by title only for the SECOND time.Councilor Catt made the motion,seconded by Council Wheeless to further suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD AND FINAL time. Councilor Harris made the motion, seconded by Councilor Mondy to approve.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2655. Councilor Catt made the motion,seconded by Councilor Bruce,to approve the Emergency Clause in Section 2.Upon voice vote,voting was unanimous to approve. 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE REPAIR OF PUMP#1 (100 HP)AND PUMP#2 (400 HP) FOR THE FLOOD PUMP STATION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Catt made the motion,seconded by Councilor Murray to suspend the rules and place the ordinance on its second reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Catt made the motion,seconded by Council Mondy to further suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Catt made the motion, seconded by Councilor Wheeless to approve.Upon voice vote,voting was unanimous to approve. The ordinance was adopted and assigned No.2656.Councilor Catt made the motion, seconded by Councilor Bruce,to approve the Emergency Clause in Section 2.Upon voice vote, voting was unanimous to approve. } 0-3 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE BORING OF CONDUIT TO SERVICE A TRANSFORMER AT SOUTHLAND CASINO,DECLARING AN EMERGENCY AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Catt made the motion,seconded by Councilor Harris to suspend the rules and place the ordinance on its second reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the SECOND time.Councilor Bruce made the motion,seconded by Council Wheeless to further suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Croom made the motion, seconded by Councilor Wheeless to approve.Upon voice vote,voting was unanimous to approve. The ordinance was adopted and assigned No. 2657.Councilor Croom made the motion,seconded by Councilor Bruce,to approve the Emergency Clause in Section 2.Upon voice vote,voting was unanimous to approve. 0-4 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE AND INSTALLATION OF TWO (2)FLYGT 20 HP SUBMERSIBLE PUMPS FOR LIFT SEWER PUMP STATION# 33 (BILL GRILL) DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Croom made the motion,seconded by Councilor Mondy to suspend the rules and place the ordinance on its second reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Harris made the motion,seconded by Council Wheeless to further suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Croom made the motion, seconded by Councilor Bruce to approve.Upon voice vote,voting was unanimous Discussion followed. Councilor Catt said in the Emergency Clause it states Water Well#1 Pump,and it should state Sewer Pump Station 33 (Bill Grill). Councilor Catt made the motion,seconded by Councilor Croom to amend the Emergency Clause in Section 2.Upon voice vote,voting was unanimous to amend the Emergency Clause in Section 2. Councilor Bruce made the motion, seconded by Councilor Mondy to approve the Emergency Clause in Section 2 as amended-. Upon voice vote,voting was unanimous.The ordinance was adopted and assigned No.2658 PERMISSION REQUEST: Mayor McClendon asked council for permission to add City Attorney Stephenson to the Executive.Session and to go into Executive Session to give City Attorney Stephenson the opportunity to discuss a matter with council. Councilor Croom made the motion,seconded by Councilor Catt to add City Attorney Stephenson and to go into Executive Session.Upon voice vote,voting was unanimous. Councilor Mohammed questioned if they were not supposed to let the public know the reason why they were going into Executive Session. City Attorney Stephenson said it is a Personnel matter and when they reconvene is when they will state why they went into Executive Session. November 19,2023,Council Meeting stopped at 5:19 p.m. so that Council could go into • Executive Session. Mayor McClendon stated by law he is required to give the public information as to why the Mayor and Council went into Executive Session.The mayor said it was a Personnel matter involving an employee of the City of West Memphis. Mayor McClendon asked for a motion to reconvene the Council Meeting.Councilor Mohammed made the motion,seconded by Councilor Hutchinson to reconvene.Upon voice vote,voting was unanimous. The November 19,2023,Council Meeting was reconvened at 5:38 p.m. Mayor McClendon asked for a motion to rehire the employee and to accept the settlement offer to the individual that was discussed in Executive Session. Councilor Catt made the motion, seconded by Councilor Mondy to accept.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, Mohammed, Mondy, Murray,Wheeless NO: None ABSTENTION: None • ABSENT: Holt With 9 Yes votes,0 No vofes,0 Abstention votes,and 1 absent the motion to approve passed. ADVERTISING &PROMOTION COMMISSION: Councilor Murray presented the A&P Commission report. The A&P Commission met on Wednesday November 15,2023,at 4:00 p.m.The commission met at the Delta Arts Center.The commission reviewed the financial reports. A&P has purchased another$250,000 CD. They received no funding request.The commission voted to move forward with the bidding process for the renovation of the Civic Center.Planning Director,Chad Bowman,and Mr.Raymond Whiteside discussed the new plan that they have for housing. Mr.Bowman said that West Memphis currently has 57%of people renting and his plan is to reverse that number and have more people opting for home ownership.They have a program to assist people with credit repair,loan qualifications and how to maintain a home. They will be getting information to the citizens about the endeavor in their utility bills.Mr.Bowman said that the community and A&P can get involved by buying, transferring,and constructing and improving properties. Currently there are approximately 7 properties that have been identified near the new Wonder Jr.High school as needing revitalization. Councilor Murray said that Mr. Bowman and Mr.Whiteside did an excellent job in presenting the presentation to the commission.Ms.Amanda Cook of Delta Arts gave the commission an overview of the Delta Arts Activities. PUBLIC WORKS COMMITTEE. Councilor Tracy Catt presented the Public Works Report. Public Works had three items to address. One item was the Hydraulic Equipment vendor that makes all of their tubbing,they are wanting to research finding another vendor that is able to provide them with the right supplies that they need and some better equipment that they need to keep the hoses repaired and replaced on a regular schedule.The second item was the lighting on the facility,they have sent in a request to the Utility Department for assistance.The third item was the two cameras that record the outside area of the facility that are having a hard time keeping operational they are wanting to get the current vendor out to look at the cameras and getting them operational or look into getting another vendor who can,this will be helpful in identifying who is dumping the tires at the facility. AIRPORT COMMISSION: Councilor Croom presented the Airport Commission report. The Airport Commission met on Thursday November 16,2023.North Apron Rehab Project-Garver Engineers is waiting for the certificate of insurance from Crisp Contractors. Once that is received the contract will be ready to sign.The Jet A Rehab Project-Rebel Services is still giving February as the delivery date for receiving the tank. Santa will be at the Airport Saturday December 9th from 2:00 p.m. to 4:00 p.m. CHAMBER COMMITTEE: Councilor Croom presented the Chamber Report.The Chamber met on November 8,2023.They discussed the plans for the 2024 events.The annual Chamber Banquet is February 22,2024.The Chamber will be helping the city with the annual Christmas Tree Lighting at Worthington Park on Tuesday November 21,2023,at 6:00 p.m. and the Christmas Parade scheduled for Tuesday December 5,2023,at 7:00 p.m. • POLICE COMMITTEE:Councilor Mohammed presented the Police Committee report.The Police Commission met on November 8,2023,at 12:00 p.m. at City Hall. One of the main items discussed was loud music.Captain Prestley has been addressing the loud music complaints and sent out an email to the committee outlining how to address the loud music complaints. Citations will be issued after so many complaints about loud music and nuisance. The Police Committee also discussed issues with sky cops and body cameras. Councilor Mondy expressed his concern with a high crime area on Jefferson and Avalon and said he would like to see a sky • cop installed in that area.Currently there are 3 police officers wearing body cameras as a test , and the police department is looking into repairing or obtaining new sky cops and body cameras and will bring it back before council for their approval. . PARKS &RECREATION COMMITTEE: Councilor Mohammed presented the Parks Committee Report.The Parks Committee met on November 14,2023.Parks &Maintenance-The restrooms and concession stands have been delivered to Franklin Park. Barricades are being considered for installation to prevent cars from pulling up in the park.Park Activities-Kickball and Flag Football events have been advertised on Channel 3 news.The I Am A Part Church has considered adopting the kickball team.Next Level Tryouts is interested in taking part in the park's Ball Team Activities.This team will competition from Florida and different areas will generate revenue for the city. Turkey Give-A-Way will be Tuesday November 21st at 2:00 p.m. at Grimsley Park. AKA Sorority will be sponsoring the event,they will also be giving out Kroger gift cards and will deliver the turkeys if necessary. The committee reviewed the 2024 year in a glance calendar. COMMITTEE REPORTS: APPOINTMENTS: Mayor McClendon said that he turned in one resume for Mr.Joseph Tucker Jr. for consideration for appointment to the Parks and Recreation Department Committee for the council to look at and they will make a decision at the next council meeting on December 7,2023. ANNOUNCEMENTS: Street Overlays-Mayor McClendon provided an update on the street overlays on Broadway and Missouri that are being repaired by ARDOT which are State Highways. Broadway.is complete,the streets are being painted and stripped and they are working on completing Missouri street and he is hopeful it will be completed in the next couple of days if the weather permits. . Rich Road Bridge- Mayor McClendon read the text from ARDOT regarding the Rich Road Bridge.It stated that ARDOT has completed their review of the design drawings and has sent comments back to Hoff Engineering and they will need to incorporate the comments.The next step is to obtain the temporary construction easement and then this project will be ready for bid. The mayor said they do not have a time as to when all this be happening,but as soon as they can get the easements,they will be sending it out for bids and can start construction. The mayor is continuing to ask the citizens to be patient. Some of the work the City can do but some of it is ARDOTS responsibility and we are on their schedule. Ingram Blvd- Mayor McClendon said the Ingram viaducts were in disarray but are now repaired.A lot of street work is being done and by next year they will be spending over one million dollars to overlay streets that the council has identified as needing repair in their wards. CITIZENS REQUEST: NONE Mr.Jason Keeling,Field Representative and Ashley Taylor,President of Memphis Machine Works located at 171 Vance Avenue Memphis,TN 38103,came before council to speak on their business.Mr. Taylor is the owner operator of.Memphis Machine Works that is a family-owned business that has been in operation for over 135 years he is the 5th generation owner and they have had the opportunity to work with the City of West Memphis for over 80 years and were just coming before council to reintroduce themselves and the business and would love to continue to work with the city.Mr. Taylor said in listening to the council discuss the work being done at the Sewer station their company actually makes the Pre-Cast Pump Stations and tension ponds along with the sanitary components for the man holes and storm water components and just wanted to come by and say hello and let the mayor and council know that they are there and after seeing all the revitalization going on in the City of West Memphis they would love to be a part of it. Councilor Mohammed made a motion,seconded by Councilor Croom to have two of her constituents in her Ward to be able to be added to the agenda to speak on their cars being towed t, from their property. Councilor Catt said that he would prefer to wait until the next scheduled council meeting on December 7,2023,to allow the citizens to sign up to speak to council as • outlined in the council meeting procedures for citizens request. Councilor Catt said that council had not received any information regarding the matter prior to the council meeting to review in order to make an informed decision.Mayor McClendon asked the City Clerk,Patricia Joplin to call the roll the roll call vote was as follows: YES: Bruce NO: Catt ABSTENTION: ABSENT: The roll call vote ended after Councilor Catt voted no.The motion failed for failure to receive a unanimous vote after Councilor Catt voted No to adding the gentleman to the agenda. The gentleman referred to as Jamie Fox by Councilor Mohammed was not permitted to address council but will be added to the December 7,2023,agenda once he follows the correct procedures of signing up for citizens request to be heard on December 7,2023.The gentleman was later identified after the council meeting by his proper name as being Mr. Steven Simpson. Councilor Mohammed expressed her disappointment at Mr. Simpson not being added to the agenda and despite the request being denied for failure to obtain a unanimous vote to add it to the agenda,Councilor Mohammed choose to speak on behalf of the gentleman's complaint.The gentleman alleges his vehicle was towed from his property without proper notification by the West Memphis Police Department. Councilor Mohammed admitted that there are a number of vehicles on the property in question and that she does not know if they are operable. Councilor Mohammed referred to the ordinance that states code enforcement does have the authority to • remove inoperable vehicles from private property after they are given notice.The gentleman has alleged that he was not given notice.The matter will be addressed at the December 7,2023, Council Meeting if Mr. Simpson follows the procedures of signing up for citizens request. Having no further business to come before the City Council,Councilor Mondy made the motion,seconded by Councilor Bruce,to adjourn.Upon voice vote,the voting was unanimous. The meeting was adjourned at 6:00 p.m. PASSED and APPROVED this 7 day of December 2023. til(A4GP Ate: MARCO MCCLENDON,MAYOR R ATTEST: • ATRICIA JOPLIN, I CLERK Minutes prepared by,Patricia Lane,Sr.Deputy City Clerk