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02.15.24 MINUTES WEST MEMPHIS CITY COUNCIL February 15,2024 A regular meeting of the West Memphis City Council was held on Thursday February 15, 2024, at 5:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding,West Memphis,Arkansas. Invocation was given by Pastor Gary Hair, Calvary Baptist Church followed by the Pledge of Allegiance led by Senior. 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, City Treasurer Charlie Suiter Jr, Council Members:Gheric Bruce, Tracy Catt, Wayne Croom, Helen Harris,James Holt, Melanie Hutchinson, Lorraine Mohammed, Willis Mondy, David Murray, and Charles Wheeless.Also, present was 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. Councilor Catt made the motion, seconded by Councilor Croom to add the Intergovernmental Agreement, Settlement demands to the agenda. Upon voice vote,voting was unanimous to approve. BID OPENING:WEST MEMPHIS UTILITIES FIBER BID FOR WEST MEMPHIS HOUSING AUTHORITY Councilor Catt made the motion,seconded by Councilor Bruce to approve. Upon voice vote, voting was unanimous to approve. Councilor Mohammed made the motion,seconded by Councilor Monday to add Ms. Moriah Slaughter to the agenda for a special presentation. Upon voice vote,voting was unanimous. SPECIAL REQUEST: FOR MS. MARIAH SLAUGHTER TO RECITE BLACK HISTORY SPEECH 111 Eight-year-old Ms. Mariah Slaughter a second-grade student at Maddux Elementary School recited "I am the change" "I am Black History" speech before council. Councilor Mohammed made the motion, seconded by Councilor Croom to move the presentation of the Black History program on the agenda to after the completion of new business. Upon voice vote,voting was unanimous. MINUTES: APPROVE OR CORRECT MINUTES OF FEBRUARY 1, 2024 Councilor Catt made the motion,seconded by Councilor Croom,to dispense with the reading of the ' minutes of February 1, 2024, Council Meeting, and to approve them as submitted. Upon voice vote, • voting was unanimous to approve. - OLD BUSINESS: A RESOLUTION TO APPROVE THE PURCHASE AGREEMENTS BETWEEN THE CITY OF WEST MEMPHIS ARKANSAS,AND JAMES HARRIS,AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS Councilor Croom made the motion, seconded by Councilor Catt to table R-2 and the permission request for the mayor to execute an option to purchase agreement. Upon voice vote,voting was unanimous to table. (Tabled until March 7, 2024.) 3RD READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT KUHN ROAD/SERVICE ROAD, PERMITTING A 125 FOOT MONOPOLE TELECOMMUNICSTIOND TOWER IN AI-1 LIGHT INDUSTRIAL DISTRICT City Attorney Stephenson read the resolution by title only for the THIRD and FINAL time. Mr. Greg Ferris, a representative for Verizon wireless and Tillman Infrastructure came before council to present his reasons for why council should approve the ordinance for the Special Use Permit for the telecommunications tower.Attorney J.B.Smiley of Smiley and Associates and Mr. Michael Harris of Smiley and,Associates came before council to voice their concerns in opposition to approving the ordinance for a Special Use Permit for the telecommunication tower. Mr. Ferris said this was not a legal issue, it was more about if they complied with city ordinance and he believes that they have, as well as the Planning Commission and City Attorney said that they are in compliance with the city ordinance.J.B Smiley's said the question to ask was did this additional tower provide an added.benefit. Mr. Harris' argument is when choosing to build another tower you must ask yourself if there is a gap in coverage and Mr. Harris said that there is no gap in coverage and the reach of the coverage for Verizon does not provide for additional coverage because there are no'residents in that region. Mr. Harris said that brings them back to colocation and seeing if they can make modifications to improve or expand coverage. City Attorney Stephenson said while both parties have presented compelling arguments,there are no legal reasons to deny the application. Councilor Holt questioned the timing behind Smiley and Associates coming before council to object to th,e Special Use Permit. Mr. Smiley responded to Mr. Holt and said that there was no reason for them to address it before because there was no need, because there are no residents in that area. Councilor Catt said if they could provide better coverage in the Industrial Park even though there is not an industry there today, it might be what helps to attract new industry in the future that will help West Memphis to grow.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: Catt, Croom, Holt, Mondy, Murray,Wheeless NO: Bruce ABSTENTION: Harris, Hutchinson, Mohammed ABSENT: None With 6 Yes votes, 1 No vote, 3 Abstention votes and 0 absent votes the ordinance passed the ordinance was adopted and assigned No. 2663 NEW BUSINESS. Councilor Catt made the motion,seconded by Councilor Mohammed to add R-1,R-2,Settlement, and Intergovernmental Agreement to the agenda. Upon voice vote,voting was unanimous to add the items to the agenda. Councilor Mohammed made a motion, seconded by Councilor Croom to read R-1, R-2,0-1,and 0-2 by title only. Upon voice vote,voting was unanimous. R-1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HISTORIC PRESERVATION EASEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS City Attorney Stephenson read the resolution by title only. Councilor Croom made the motion, seconded by Councilor Catt,to table the resolution. Upon voice vote,voting was,unanimous to table. (Tabled until March 7, 2024) R-2 A RESOLUTION AUTHORIZING THE CITY OF WEST MEMPHIS TO SEEK A 2024 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY(RAISE) PLANNING GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION. City Attorney Stephenson read the resolution by title only. Councilor Catt made the motion, seconded by Councilor Croom,to approve the resolution. Discussion followed. Mr. Raymond Whitehead gave the council a packet with some maps prior to council for them to review. Mr.Whiteside said what they are trying to do is apply for a Planning Grant to do some studies,they are looking at the 10-mile Bayou where they are wanting to dredge it out and construct a multi-purpose multi-use pedestrian and bike pathway that would connect to the Big River Trail across the Mississippi River connect and run through the 10-mile Bayou and down Rainer Road.They are also planning to study bike corridors on city streets that would allow for safer bike and pedestrian passageway,they are envisioning some type of barrier along the roadways. He showed a diagram of the locations that could be impacted nine schools, 12 parks, and at least 8 points of interest that would be connected by the 10-mile greenway and corridor. Mr.Whiteside said one of the aspects of this grant is'it needs to focus on areas of persistent poverty and historically disadvantaged communities.They have been working with Consultant,John Youngbeck,for the last several months and MPO, EMO and Planning& Development. Mr. Whiteside said that they have 4 letters of support and are asking for councils consideration.They would not be doing any dirt work; it would be a lot of environmental and engineering studies.This would be the pathway for a Capital Grant. Councilor Croom asked if they would be cleaning out the Bayou and if it would be done in phases. Mr. 17- Whiteside said the plan is to dredge it out and keep it cleaned out by creating access points for the workers to keep it cleaned out and it would be done in phases.There being no further discussion. Upon voice vote,voting was unanimous to approve.The resolution was adopted and assigned No.2296. 0-1 AN ORDINANCE TO AMEND ORDINANCE 2564 ESTABLISHING WATER RATES FOR THE CITY OF WEST MEMPHIS,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the FIRST time. It will be placed back on the March 7,2024,agenda for it second reading. 0-2 AN ORDINANCE TO REPEL CERTAIN ORDINANCES OF THE CITY OF WEST MEMPHIS,ARKANSAS City Attorney Stephenson read the ordinance by title only for the FIRST time.It will be placed back on the March 7,2024,agenda for it second reading. INTRODUCTION OF NEW UTILITY GENERAL MANAGER MR. BOB ATKINS Mayor McClendon introduced the New Utility General Manager, Mr. Bob.Atkins. Mr.Atkins has been in the utility industry for 35 years. Mr.Atkins said that he has a lot of plans for how they can keep the good work being done at the utility department. Mr.Atkins said some of the things that are extremely important to him is reliability, customer experience, and rates and he is looking forward to doing a lot of great work in that area. PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT Councilor Croom made the motion, seconded by Councilor Bruce to approve. Upon voice vote,voting was unanimous. Discussion followed.Councilor Catt said perhaps EMO Director, Dewayne Rose could confirm but his understanding is that the revenue stream is the total County 911 Fund is roughly $932,000. Budget for the new 911 system which he was in favor of when they built the jail, but it did not happen then, it is roughly 1.4 million dollars,so it might save about a $400,000 deficit. It is his understanding that the way this will be approached is on a per call basis but to his understanding only two communities Marion and West Memphis will be responsible for paying the bills for a county wide system. His concern is there is nothing about a Capital Account, and they know that this equipment is going to be retired,and they will need to start putting money aside now for when the new equipment needs to be updated. Councilor Catt said he would like to meet with the six representatives on the Quorum Court to see what their input is before they actually vote on it. Councilor Catt said that he is always thinking that everyone should pay their fair share. Councilor Croom said the Quorum Court decided that the smaller communities would not be required to pay. Councilor Catt said everyone benefits from the system and it should be fair across the board as far as cost goes. City Attorney Stephenson said he has been at the meetings and what he was told by the County is that the cost is so low based upon the usage in these smaller towns is that it is not worth billing them.The cost will be based upon usage and West Memphis has a larger population and would have a higher usage. West Memphis would get their portion of the money from the State which would be based upon usage. In 2025,the city would be paying their share of the equipment based upon usage. Finance Director,Tori Perry said things might change in the future, but for right now the city has enough money in their Capital Funds. Ms. Perry said it would be West Memphis, Marion and the County paying for it. Councilor Catt said that he did not see that in the agreement, all he saw is where the County would receive the revenue and they were not paying anything out of their general fund. He said the four consoles that they just bought are going to total right at$500,000 dollars with a life expectancy of 10 years and after 20 years possibly having to replace it, as well as a year from now if they needed to go in and replace$600,000 dollars of equipment and one of the two communities could not come up with their share of the money where do they go. Councilor Catt would like them to plan for the unexpected long term.Assistant Chief Presley said that the system is important to the Police Department, and this has been going on since 2018. He said they do not have to combine the communication system but eighter the City is going to get it, or the County is going to get it,the State will make that decision come January 1, 2025. Chief Presley said when he attended the meeting they were told that they probably would not be consolidated by then. He said that they are losing funding between $100,000 and $300,000 dollars a year and it is going to the County,or it is coming here, more than likely the County. Chief Presley said they have to get the radios online and right now it's on hold because the county has to have the agreement. Councilor Croom said that there is a mandate that it has to be done by January 1, 2025. Councilor Catt said that he wanted everyone to be aware that this does not have the proper funding that it needs, and they will have to come back to request more money, and this is not a one-time thing, it will be ongoing, and the budget will change every year and the budget will increase every year. Councilor Catt said once council approves it they would be giving the county the authority to move ahead with it.There being no further discussion.The permission request was approved. PERMISSION FOR THE MAYOR TO EXECUTE AN OPTION TO PURCHASE AGREEMENT Previous action taken under old business(Tabled until March 7,2024.) PRESENTATION:BLACK HISTORY PRESENTATION-COUNCILOR LORRAINE MOHAMMED Presented the Eagle Award to Mayor Marco McClendon. Lifetime Achievement Award to: Mr.Solomon Anthony and Mrs. Cherilyn Minnis. First African American School Superintendent to Dr.Terrence A. Brown, First African American Executive Director of Chamber of Commerce to Ms.Stephanie Jones White. Business of Excellence to Ms. Dorcus Royal Brazil of Royal Designs, Ms. Brittany Williams of Developmental Milestones, LLC, and Mr. Darrin Christley of DC Landscaping.Trailblazer Award to Ms. Mary Meau Toney, Council Member and Youth Empowerment Ministry Award to Pastor Anthony King SETTLEMENT DEMAND:City Attorney Stephenson said that they have been asked to make a settlement demand by a current employee who has sued the city.The demand is for a$250,000-dollar lump sum payment. $40,000 for attorney fees and some other demands that are not being discussed because it would single out the employee.The Municipal League is asking that council reject the settlement offer. Each side has filed motions for summary judgement,which means each case could end without a trial at all if the cities summary judgement is granted and that is why they need to reject it. Councilor Croom made the motion,seconded by Councilor Catt to reject the settlement.There being no discussion. Upon voice vote,voting was unanimous. COMMITTEE REPORTS: NONE ANNOUNCEMENTS: NONE PRESENTATION: PROCLOMATION-NATIONAL CHILDREN'S DENTAL HEALTH MONTH TO DR.SHAUNA TANNER Ms.Tanner was not present at the February 15, 2024, meeting. CITIZENS REQUEST: Attorney Michael Harris, representing J.B.Smiley and Attorney Michael Harris, representing Tillman Enterprises Infrastructure were both present in the council chambers to give their final presentation for council's approval or denial. Ms. Dorothy Broadway a resident of 699 N.Arrington Dr West Memphis,Arkansas 72301 came before' council to hear their decision on her application for a Certificate of Public Convenience to operate a non- emergency medical transportation business located at 130 S. 16th Street in West Memphis,Arkansas 72301. Councilor Bruce made the motion,seconded by Councilor Harris to approve.There being no discussion. Upon voice vote,voting was unanimous to approve. Ms. Irish Jackson a resident of 621 South 15th Street signed up for citizens request but was not present at the council meeting. Having no further business to come before the City Council, Councilor Bruce made the motion,seconded Councilor Murray,to adjourn. Upon voice vote,the voting was unanimous.The meeting was adjourned at 7:00 p.m. PASSED and APPROVED this 7th day of March 2024. MARCO MCCLENDON, MAYOR ATTEST: PATRICIA JOPLIN, CITY CLERK Minutes prepared by, Patricia Lane,Sr. Deputy City Clerk Agenda Item Ward Wimbish <wwimbish@westmemphisar:gov> Fri 2/9/2024 10:07 AM To:Patricia Lane <plane@westmemphisar.gov>: 1 attachments(411 KB) Bid Opening Documents.pdf; Good morning Patricia Please add West Memphis.Housing Authority Fiber Bid Opening to the February 15th City Council agenda, see attached. Thank you , Ward • 41cf, • • Ward Wimbish, P.E. General Manager West Memphis Utilities Office: (870) 702-5103 Cell: (901) 277-9407 RECEIVED JI 8 (IL- BY •/411747ar. . /4a g The West Memphis Utilities In- vites inierested,parlies to submit sealed bids for the installation of i3rerdraps,fiber termination cab- inets,KC%CAT-5 and residential gateriby devices Into approxi- mately 34U residential units.Con- • last Ward Wimbish at r wimbishawestmemphfsatgov fora bid package. 311412f ,Mr WEST MEMPHIS UTILITY COMMISSION 604 East Cooper. Phone: 870-735-3355 West Memphis, AR 72301 Fiber to West Memphis Housing Authority Bid Bidder • Bid Amount - 1 . Grays Power Supply $200,410.00 Form v1.28 Arkaasas to pe v tte • IWEHCD MEDIA, INC. Account#,: ADC6022566 Company: WEST MEMPHIS UTILITIES Ad number#: 311412 PO#: Matter of: The West Memphis Utilities invites inter ;..x f,r ,�:., y�uq=N '$,::r fir... . -s '^3",,,",�t "�"'.".a_,,�'--..s'" p., ' ,..a a.a.r .x- •-rrrsy�.' •�'-r .w"", -^z..at+r -� _ .,:." r .,...:�,;,.9_��>.,,.�r,.�s_._ -'�^, .... ,.:_.-.;,,��..,.. ���•..,-_.,, -:... ^�`t�`::...< u._,.•_ •... -.k..... _-.: a... rs'�`�'�"'.�.�s'"".. r, r"' .� "_.u. .•�.r-..fig...... • AFFIDAVIT•STATE OF ARKANSAS • COUNTY OF PULASKI J t I,Charles A.McNeice Jr., do solemnly swear that I am the Finance Director of the Arkansas Democrat Gazette,a daily newspaper printed and published in said county,State of Arkansas;that I was so'related to this publication at and during the publication of the annexed legal advertisement in the matter of: The West Memphis Utilities invites inter Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Arkansas Democrat Gazette for publication the sum of$40.88. (Includes$0.00 Affidavit Charge). ADG Arkansas Democrat-Gazette t,y44: ,' ��r9I`"#yea �; F' � ', V Y °. NWADenocrat �' ;ADG.cottt"�cy. s. 0 Gazetty tr ,� A i i68 ';NWA nwaonline.con %c Sri '„ry":O,IG►Slr73i 7 ' 7 044,9 a. fit, cp,`- - Finance Director OFFICIAL SEAL - #1 2347408 NOTARY PUBLIC-ARKANSAS PULASKI COUNTY NOTARY PUBLIC MY COMMISSION EXPIRES;03-30-26