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,
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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.
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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
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41cf,
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• 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
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IWEHCD MEDIA, INC.
Account#,: ADC6022566
Company: WEST MEMPHIS UTILITIES
Ad number#: 311412
PO#:
Matter of: The West Memphis Utilities invites inter
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AFFIDAVIT•STATE OF ARKANSAS • COUNTY OF PULASKI
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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
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Gazetty tr ,� A i i68 ';NWA nwaonline.con %c Sri '„ry":O,IG►Slr73i 7
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Finance Director
OFFICIAL SEAL - #1 2347408
NOTARY PUBLIC-ARKANSAS
PULASKI COUNTY
NOTARY PUBLIC MY COMMISSION EXPIRES;03-30-26