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12/07/2023 MINUTES WEST MEMPHIS:CITY COUNCIL December 7,2023 A regular meeting of the West Memphis City Council was held on Thursday,December 7,2023, at 1:00 p.m.in the City Council Chambers at City Hall,205 S. Redding,West Memphis, Arkansas. Invocation was given by Councilor David Murray followed by the Pledge of Allegiance led by Sr.Deputy City Clerk,Patricia Lane.Mayor Marco McClendon called the meeting to order at 1:00 p.m. City Clerk,Patricia Joplin called the roll.Those present were City Attorney Michael Stephenson,and Council Members: Gheric Bruce,Tracy Catt, Wayne Crown,Helen Harris,James Holt, Melanie Hutchinson,Lorraine Mohammed, Willis Mondy, David Murray. and Charles Wheeless. Absent was City Treasurer, Charlie Suiter Jr. 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 16,2023 Councilor Catt made the motion,seconded by Councilor Croom to dispense with the reading of the minutes of November 16,2023,Council Meeting,and to approve them as submitted.Upon voice vote,voting was unanimous to approve. OLD BUSINESS: NONE • NEW BUSINESS: MAYORS PRESENTATION OF THE 2022 LEGISLATIVE AUDIT REPORT Mayor McClendon presented the Legislative Audit Report findings for Fiscal year 2022 to the Council during the December 7,2023,Council Meeting.Mayor McClendon said that council challenged the administration to be responsible and accurate with the finances of the city.The findings of the audit are the results of this administration taking the necessary steps to implement fiscal responsibility,and spending funds accordingly to what is available and being accountable that ensured the City of West Memphis these results.Mayor McClendon said for the first time in 28 years he is happy to report that the city had zero material reportable findings in the 2022 audit. The mayor said a finding of this sort comes from hard-working,fiscally responsible,and accountable individuals who accepted the challenges of being accountable to take it to the next level.Mayor McClendon recognized Finance Director,Tori Perry,Purchasing Director,Kenneth Johnson,Senior Deputy City Clerk,Patricia Lane,Police Chief Robin Campbell,Grant Writer,Raymond Whiteside,and the MPO Department.Mayor McClendon challenged himself and his administration to continue to strive for zero findings in 2023.He also asked for the council to continue to support the administration and to be the example of what is , expected from the administration in being fiscally responsible when spending the taxpayer's money. Councilor Catt said as Budget Chairperson each council member received a copy of the 2022 Audit report to review and having no questions the audit report will stand as presented.(A copy of the 2022 Legislative Audit report is on file in the Clerk's Office). Councilor Mohammed made the motion,seconded by Councilor Holt to read R-1,R-2,0-1,0-2, 0-3 by title only.Upon voice vote,voting was unanimous to approve R-1 A RESOLUTION ADOPTING A BUDGET FOR THE OPERATION OF THE CITY OF WEST MEMPHIS FOR THE YEAR 2024,AND FOR OTHER PURPOSES City Attorney Stephenson read the resolution by title only. Councilor Croom made the motion, seconded by Councilor Murray,to approve the resolution. Discussion followed:Mayor McClendon said raises will be included within this resolution for all the city employees.Mayor McClendon asked for a roll call vote. City Clerk,Patricia Joplin called the roll.The roll call vote was as follows: • 1 1 r YES: Bruce,Catt,Croom,Harris,Holt,Hutchinson,Mohammed,Mondy, Murray,and Wheeless • NO: None ABSTENTION: None ABSENT None With 10 Yes votes,0 No votes,0 Abstention votes,and 0 absent votes.The resolution was adopted and assigned No.2293. R-2 A RESOLUTION AWARDING "ALL"FULL TIME CITY EMPLOYEES A $1,000.00 DOLLAR HOLIDAY BONUS AND "ALL"PART TIME CITY EMPOYEES A$500.00 DOLLAR HOLIDAY BONUS FROM THE GENERAL FUND. City Attorney Stephenson read the resolution by title only. Councilor Mohammed made the motion,seconded by Councilor Bruce to approve.Discussion followed: Councilor Harris made a motion,seconded by Councilor Mondy to have the bonus come out of the Department Head budget instead of the General Fund Account. Councilor Catt made a motion,seconded by Councilor Mohammed to amend the ordinance to say with the appropriate reimbursement from the Department Heads Budget,to the General Fund.Upon voice vote,voting was unanimous to amend the ordinance.Discussion continued:Councilor Catt questioned if employees that are still in their probationary period if they should be eligible to receive the bonus until at such time they complete their probationary period as well as part time employees. Councilor Mohammed felt that employees that were just hired,or part time employees could probably use the money more. Councilor Catt also questioned if employees that have had personnel write ups put in their personnel files should also be eligible to receive the bonus,and if they should not give that discretion to the administration to decide. Councilor Mohammed felt that it should not exclude them from being eligible.Mayor McClendon said that going forward he would like the council to set some criteria's for employee's to be eligible to receive bonus in. order to be fiscally responsible and to work together in advance to make sound decisions regarding bonuses. Councilor Croom said that he was in agreement with Mayor McClendon and Councilor Catt and going forward he would like them to set some guidelines for receiving the bonuses instead of just pulling it out of the air and there should be some structure when allocating the taxpayers money,although he appreciates all the work that the employees do,but he does have some reservation on how they have done the bonus the previous years. Councilor Holt said the greatest asset the city has is their employee's and that he thinks they deserve the bonus.Councilor Harris said that they are not saying that the employee's do not deserve the bonus what they are saying is that the council needs something in writing to sets some guidelines going forward. Councilor Catt made a motion seconded by Councilor Mohammed to amend the resolution to read to be issued on the second payroll check.Upon voice vote,voting was unanimous to amend the ordinance.Finance Director,Tori Perry said a special payroll will be ran on December 16,2023.Mayor McClendon said to much is given much is required • and asked the employes to continue to work to move West Memphis to the next level and this cannot be done without everyone.There being no further discussion: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,Holt,Hutchinson,Mohammed,Mondy, Murray,and Wheeless NO: None ABSTENTION: None ABSENT None With 10 Yes votes,0 No votes, 0 Abstention votes,0 Absent votes the resolution was adopted and assigned No.2294.Mayor McClendon said that each employee received a bonus and a raise. 0-1 AN ORDINANCE TO AMEND ORDINANCE NO.2537 ADOPTING AN AMENDMENT TO THE TRAVEL POLICY FOR THE CITY EMPLOYEES,ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF WEST MEMPHIS,ARKANSAS,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 Bruce to suspend the rules and place the Audit Report Finding I'm truly thankful for this opportunity.•I want to thank the citizens of West Memphis and the members of this council.Yes,this audit is important to me for many reasons and I'm proud to give you the findings and history of the reasons for this audit. This council challenged this administration to be responsible and accurate with the finances of this city.Excuses and inaccuracy are not acceptable to the standards which we all should expect. 1. The findings of this audit are results of this administration taking the necessary steps to implement oversight,fiscal responsibility, spending funds accordingly to what's available, accountability, card programs and financial etc. that ensured the City of West Memphis,these results. For the 1st time in over 28years the City of West Memphis has 0 MATERIAL Reportable Findings in the 2022 audit.I thank all of our city family members for this finding, highlighting: Mayor,Finance Director,Purchasing Director, Senior Clerk Office,Police, Grant Departient,'MPO A finding of this sort only comes from hard-working, fiscally responsible, and accountable individuals who accepted the challenges of being accountable in finance to take it to the next level.Never in my 16years as a councilman,I never recalled an audit report given to this council. Our goal has always been transparency. This administration received unfair criticism, from some of this,very council. Being accountable for finances is tough enough but when you already must be 3 times as better than your counterparts, the bar is continually raised,you hear the chatters of betrayal added with envy,not giving the fair opportunity,falsely accused and inadequately reported. This can cause frustration and disdain. I thank those council members who are fair and want to work with this administration. I honor and thank all the city family members who were tasked with making sure the city is financially successful. I tell everyone and I continue to echo this, ' IT'S NOT ABOUT ME BUT A GREATER POWER. I DEPEND ON GOD IN ALL MY WAYS AS MAYOR. I SEEK HIS GUIDANCE IN ALL DECISIONS.I PRAY STARTING NOW,THAT YOU WOULD RENDER THE RESPECT TO THIS ADMINISTRATION, AS SAME AS OTHER ADMINISTATIONS HAD BEEN GIVEN. WE ARE ON THE SAME TEAM PUSHING THE SAME GOAL OF SERVING THE PEOPLE TO THE BEST OF OUR ABILITY. THERE ARE NO BIG YOU'S OR LITTLE I'S. WE ARE A GREAT COMMUNTIY WITH A LEADER THAT THE PEOPLE CHOSE TO MOVE WEST MEMPHIS FORWARD,KEEPING US ON A WINNIGSTREAK!!!! Now I challenge myself and our administration to continue 0 material reportable findings for next year as well.I also challenge this council to continue supporting this administration and also live by the direction that you expect from this administration of Fiscal Responsible Spending of the taxpayer's money. THANK YOU! n 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 Croom 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 Bruce made the motion,seconded by Councilor Wheeless to approve.Upon voice vote, voting was unanimous to approve.The ordinance was adopted and assigned No.2659. 0-2 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 308 W. SERVICE RD,PERMITTING VALVOLINE INSTANT OIL CHANGE IN A SC-1 SUBURBAN COMMERCIAL 1 ZONING 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.The records show Councilor Catt abstained from the vote. Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Croom made the motion,seconded by Council Mondy to further suspend the rules and place the ordinance on its third reading. Records show Councilor Catt abstained from the vote. Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor • Bruce made the motion,seconded by Councilor Hutchinson to approve.Discussion followed: Councilor Croom asked for an explanation of the ordinance.Michael Lamberton,a representative for Valvoline explained that they are proposing to build a two-bay oil change facility that will be doing a fifteen-minute oil change where customers will stay in their car, • their primary function is oil change,but they do offer other minor repair services. They will be building it from ground up and there will be ample parking for their employee's and they typically,do not have overnight customer parking,however they do offer a waiting room if customers want to get out of their cars or use the facilities. Councilor Mohammed asked if it would be a convenience store and service station.Mr. Lamberton said it would not be a convenience store or service station it will be a quick fifteen-minute oil change and minor preventative services.The business will be located at 308 W Service Road.There being no further discussion.The records show that Councilor Catt abstained from the vote.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2660. 0-3 AN ORDINANCE TO REZONE LOTS 3-A,3-B,AND 3-C,OF THE DACBRA . SUBDIVISION FROM DOWNTOWN MIXED USE (DTMU-2) TO LIGHT INDUSTRIAL CORE (I-1-C). City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Croom made the motion,seconded by Councilor Wheeless 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 Croom 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 Catt made the motion,seconded by Councilor Wheeless to approve.Planning&Development Director,Chad Bowman said the reason that they are approaching the rezoning is so that they can have some consistency. All of the properties that boarder Broadway are downtown mixed use 1 or 2. This particular property is the storage facility on Broadway and Ingram would like to expand because he owns the property that is landlocked between the Senior living facility and the property that fronts Broadway,so in order for him to develop and do it in accordance to the zoning requirements he will need to have it rezoned for it to fit and the residential area is separated by the Bayou and we have a natural boundary, and we will have a congruent boundary that will not impact anyone. The Senior Living Facility will become non-conforming but they do not expect them to expand,because there is nowhere for them to expand.There being no further discussion Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2661. PERMISSION REQUEST: PERMISSION TO ACCEPT PLANNING COMMISSION RECOMMENDATIONS Councilor Croom made the motion,seconded by Councilor Mohammed to approve the Planning Commission recommendations.Upon voice vote,voting was unanimous to approve. PERMISSION TO ADD CHARITY DAY DISTRIBUTION TOTHE AGENDA Councilor Catt made the motion,seconded by Councilor Croom to add the Charity Day Distribution to the agenda.Upon voice vote,voting was unanimous to approve. Mayro McClendon would like to give$500.00 to Wonder City Boys and Girls Club. Councilor Harris would like to give$1000.00 to the Wonder City Boys &Girls Club. Councilor Hutchinson would like to give her balance of$945.72 to the Wonder City Boys and Girls Club. Upon voice vote,voting was unanimous to approve. POLICE COMMITTEE:Councilor Mohammed presented the Police Committee report.The Police Committee met on December 4,2023,at 12:00 p.m. Chief Campbell reported that " property crime is down by 6%,violent crime is down by 16% and overall crime is down by 12%. Chief Campbell said under his administration crime has been lower than it has been in the previous two years.Portable Sky Cops will be placed throughout the city during the holiday season to help detour and reduce crime. There will be 5 officers graduating from the academy in Camden,Arkansas.After graduating the officers will be attending field training class,where they will be learning about policies and procedures.The Police Department is fully equipped with vehicles. APPOINTMENTS: Mayor McClendon said that he turned in a resume for Mr.Joseph Tucker Jr. for consideration for appointment to the Parks and Recreation Department Committee for the council's approval. Councilor Catt made the motion seconded by Councilor Murray to approve.Upon voice vote,voting was unanimous to approve. BUDGET COMMITTEE: Councilor Catt said council addressed the items earlier with the approval of the 2024 Budget and presentation of the 2022 Legislative Audit Report. ANNOUNCEMENTS: Dr. Gheric Bruce asked the Code Enforcement Officers to address the 100 block of S. 14th where they are having a problem with inoperable vehicles.Mayor McClendon said that Code Enforcement is already aware of the problem, and they are in the process of taking corrective action and he will meet with Councilor Bruce and Councilor Hutchinson to give them an update on the situation. Mayor McClendon said the City has a New Text Dot Gov App that the public can connect to in order to get all the essential information to stay informed.All they have to do is dial 91896 and text West Memphis and select yes to opt in on their phones. He said they will have access to all the information they need regarding weather,road closures,911 alerts,City information and City events. Mayor McClendon commended the Advertising and Promotion team,Chamber of Commerce and all the City Departments and staff that participated in making the 2023 City of West Memphis Christmas Parade a success.Next year his plan is to get the Council Members to participate in the parade as a sign of solidarity. Mayor McClendon announced that the Holiday Sanitation schedule will be posted on the City Website,Face Book,and Channel 17.Also,the New 2024 Sanitation schedule will become effective January 8,2024. On that Monday,all Sanitation crews will be in Ward 1,on Tuesday they will all be in Ward 2,on Wednesday they will all be in Ward 3, on Thursday they will be in Ward 4 and on Friday they will be in Ward 5.Please make sure that your garbage cans are placed on the curb with handles facing the street the night before or by no later than 6:00 a.m. to ensure your can is picked up.Residents should remove their garbage cans from the curb by 7:00 p.m. Curb side trash should be on the curb the same day with at least a 4 feet separation from your garbage cans so that the claw truck can pick it up.Notification of the new sanitation procedures and pickup schedule will be inside each residents utility bill and on all social media. Mayor McClendon asked that everyone be in prayer for our fellow city family member Mr.Joe Akers who recently lost his father. The mayor asked that everyone keep him and his family in their prayers. 4 4 Mayor McClendon spoke on operation Jingle Bell sponsored by the West Memphis Police Department.In an effort to improve community relations between the citizens and the Police Department and to dispel the belief that police officers are always out to get people:The West Memphis police officers will be using discretion in issuing tickets for minor traffic infractions.A police officer will have the discretion of writing a warning rather than a ticket as sign of goodwill. They will also be passing out$25.00 gift cards to spread Holiday Cheer.The gift cards were donated. CITIZENS REQUEST: Angela Lamar,Diane Stafford Lewis,Gregory Sallen,Laquilla Vaughn,Steve Simpson,and Michael Lewis all signed up to speak with council regarding their vehicle's being towed from their properties,but they were not present at December 7,2023.council meeting.Mayor McClendon provided the council with an update regarding this matter. The mayor said that he arranged to have the vehicles returned to the owners if they were able to provide registrations on the vehicle and they were able to start the vehicles and drive them away. The mayor said there was only one vehicle that met those requirements.The mayor said this will be the month to educate the community on the policies for inoperable vehicles,litter and debris and dilapidated houses and the efforts the city is making to help improve the look of the city per city ordinance.In the start of the new year,they will be continuing clean-up efforts. 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 2:00 p.m. PASSED and APPROVED this 21ST day of Dece .er 2023. I ARCO MCCLENDON,MAYOR • ATTEST: r ),„x.L„. PATRICIA JOPLIN,CITY CLERK Minutes prepared by,Patricia Lane,Sr. Deputy City Clerk • •