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August 21, 2003MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 21, 2003 A regular meeting of the West Memphis City Council was held on August 21, 2003 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Due to the illness of Mayor William H. Johnson, Councilor Davis moved, seconded by Councilor Pulliaum to elect Councilor AI Felton to preside over the meeting. Upon voice vote, the voting was unanimous. Councilor Felton called the meeting to order at 1:40 p.m. Sidney Runnels, Director of Economic Development offered prayer. Cindy Greenwood, Senior Deputy City Clerk called the roll. Those present were: City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Ramona ~; Taylor, Al Felton, Marco McClendon, James Holt, Harold Thomas, James Pulliaum, Lorraine Robinson, and Clarence Davis. City Clerk Phillip Para and Councilors Gheric Bruce and Herman Coleman were absent. Councilor Felton deGared a quorum present and proceeded with the agenda. BID OPENINGS Councilor Taylor moved, seconded by Pulliaum to add Community Development Demolition Bids to the agenda. Upon voice vote, the voting was unanimous. Bids for the West Memphis Utility Commission 1- 3,000 KVA padmount transformer and new roof, Planning & Development demolition, and CDBG demolition were opened at 1:00 and copies of the bid tabulations were given to the City Council. Councilor Davis moved, seconded by Councilor Pulliaum to accept the bids and refer to the Utility Commission and Planning 8~ Development for final disposition. Upon voice vote, the voting was unanimous. (bid sheets attached) MINUTES Councilor Pulliaum moved, seconded by Councilor Thomas to dispense with the reading of the minutes of August 7, 2003 and approve as submitted. Upon voice vote, the voting was unanimous. The motion carried. OLD BUSINESS 2nd reading of an ordinance to repeal section 5.24.030 of fhe West Memphis Municipal Code and for other purposes. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Pulliaum moved, seconded by Councilor McClendon to suspend the rules and the ordinance be placed on its third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor McClendon moved, seconded by Councilor Thomas to approve. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2074. NEW BUSINESS Councilor Thomas, seconded by Councilor Pulliaum to suspend the rules and O-1 be read by title only. Upon voice vote, the voting was unanimous. O-1 An Ordinance to waive competitive bidding for the purchase of computer equipment and soti'ware for the West Memphis District Court, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST TIME. Councilor Taylor moved, seconded by Councilor Pulliaum to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Taylor moved, seconded by Councilor Pulliaum to further suspend the rules and the ordinance be placed on its thirti reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Taylor moved, seconded by Councilor Pulliaum to approve. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2075. Councilor Pulliaum moved, seconded by Councilor Taylor to add O-2 to the agenda. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Councilor Thomas to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. O-2 An Ordinance to waive competitive bidding for the purchase of paratactical body armor needed for the West Memphis Police Department, declaring an emergency and for other purposes. Page 2 Minutes August 21, 3003 City Council Meeting City Attomey Peeples read the Ordinance for the FIRST TIME. Taylor moved, seconded by Pulliaum to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the ordinance for the SECOND time. Councilor Pulliaum moved, seconded by Taylor to further suspend the rules and the ordinance be placed on its third and final reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the THIRD time. Councilor Pulliaum moved, seconded by Thomas to approve. Upon voice vote, the voting was unanimous. The Ondinance was adopted and assigned No. 2076. Councilor Taylor moved, seconded by Pulliaum to adopt the emergency Gause, section 2. Upon voice vote, the voting was unanimous. PERMISSION REQUESTS Councilor Thomas moved, seconded by Councilor Holt to deny the appeal request from Bridgett Tumer regarding the Police Commission's decision not to pay the claim. Lengthy discussion was held. Councilor Robinson said she could not tell in the pictures Lt. Vaughn provided, whether Ms. Turner's teeth were in or not, because her mouth was closed. Councilor Taylor asked City Attomey Peeples to clarify tort immunity. City Attomey Peeples stated the claim was based on negligence for damages that occurred while she was being arrested. If presented as a claim for negligence, the city has tort immunity unless the council chooses to waive that immunity. City Attomey Peeples highly recommended the council not waive their tort immunity. Councilor Holt said the Police Commission denied the claim on two different occasions and he felt like this appeal should be denied. The vote was Garified that a yes vote would be to deny the claim and a no vote would be to not deny the claim. Roll call vote: AYES: Taylor, Holt, Thomas, and Davis NAYS: Felton and Robinson Aldermen McClendon and Pulliaum voted as °present°. The motion failed. Councilor Pulliaum moved, seconded by Councilor Taylor to accept the recommendation of the Public Works Committee for the New Morning Star Outreach Ministry, Inc. to provide all services for the recycling department on a volunteer basis, with them being responsible for all operational procedures; relieving the City of West Memphis of any and all responsibilities; on a six month trial basis. Discussion. Councilor Pulliaum requested a copy of their structure of operation. Councilor Felton to ask for that and have it at the next council meeting. Upon voice vote, the voting was unanimous. The motion carried. Councilor Pulliaum moved, seconded by Councilor Holt to accept the low bid on eight (8) police cars for $164,760.00. Upon voice vote, the voting was unanimous. Councilor Thomas moved, seconded by Councilor Pulliaum to approve payment to P8J Fowler, Inc. in the amount of $131,144.18 for Broadway Revitalization Phase IV. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Robinson reported the Airport Commission met and discussed EPA status, reported the trees are being cleared from the north end, the AIP project to begin Sept. 2nd, and discussed capital improvements being revisited for north abatement study by city engineer. Councilor Thomas reported the Utility Commission met and accepted low bid on interactive voice response system, received charge-off list and had an executive session to discuss employee personnel problem. Councilor Davis reported the Fire Commission met and discussed personnel matters. Councilor Taylor reported the Police Commission met in an emergency meeting and discussed the proposals for the cars and also discussed some revisions to the policy manual which were given to the City Attomey to review. Councilor Felton reported Public Works Committee met and approved two Gaims. One for damage to a mailbox and one for damage to a car made by a garbage cart. Alderman Pulliaum suggested if the Sanitation Department can not get their carts to the garbage containers, they need to leave a tag or something to let the people know they have been there and attempted to collect their garbage. Alderman Felton said that had been approved. CITIZENS REQUESTS None ANNOUNCEMENTS Councilor Felton recognized the 2003 Leadership Crittenden County group who were present today for Local Government Day. Councilor Taylor provided each councilman information on the tobacco settlement money that provides smoking cessation Gasses locally for them to distribute locally and she also reported the city has been asked to do a presentation to the Delta Regional Authority on the transit system and Mr. Luker will be responsible for providing that tomorrow attemoon. Page 3 Minutes August 21, 3003 City Council Meeting Everyone was asked to keep Mayor Johnson and his family in their prayers as he continues in his recuperation. Having no further business to come before the City Council, Councilor Holt moved, seconded by Councilor Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:00 p.m. PASSED and APPROVED this ~_ day of September, 2003. /'~ i ~~ ~-% - `~- ~ ~-~%~--C ~%} Acting Mayor) WILLIAM H. JOHNSON, MAYOR ATTEST: PHILL ,CITY CLERK Minutes prepared by: Cindy Green ood, Sr. Deputy Clerk ~y V ~~ ~ ~ ~ ~ r~+ .. ~ O CD ~ O ~ ~ ~2. ~ ~ ~ ~ ~ ~ ~ ~--~ ~ ~ ~ O ~ o e ~ w ~, ~ ~ ~° ~ ~ d ~ ~ .~' 8 ~ 9J RJ R~ ( ~ .F ~ W U a N ~ -p v RJ U CKuu ) ~ Q W ~ V .S ~ l - ~ //C'~~ V 7J r r? ~ ~~ ~Q j U~r ~ ~ O b U ~ ~: N ~ ~ ~ ~ ~ ~ W ~ ~ Q `~ ~ Q U ~ O W 9~ _ ~ ~ ~ '8 O 01 a ~ N ~ 8 ~ ~ ~ O ~ ~ v ~ ~ o d N ~ ~ ~ d ~ ~ ~ ~ O e W ~ ~ ~ ~ N cn N q W ~ =' ~ ~ O W W ~ ~ ~ ~ ~ N q q,,~ -.--+ '~ 00 ~ _ ~ ~ C/~ ~ d1 O v j 00 ~ o ~ A ~ N o ~ ~ --~ O ~' od ~ ~ .J ~ ~ ~ ~ _ ~l Q 0 ~~ N 0 w 0 N ~•~ 1 w,~s N ~+, ~ N O c~ri O ~ ~ n .r ~ N Q z M ~ ~ ~ ,a o ~aQ ~~~ ~., M ~" a r-1 ~ ~ Q a D, m w. M O O x n O u ~ -Y.,~ ~ 0 V O Er Qi t~ P, Q ~ ~ ~ ; W ~a V~ ~z M ~z xA S z ..~ aQ ~ W d . 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