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September 18, 2003MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 18, 2003 A regular meeting of the West Memphis City Council was held on September 18, 2003 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor William H. Johnson presided over the meeting. Mayor Johnson called the meeting to order at 1:30 p.m. Assistant Fire Chief Eddie Spears offered prayer. Phillip Para, City Clerk called the roll. Those present were: City Attorney David Peeples, City Treasurer Frank Martin, Councilors: Al Felton, Marco McClendon, Herman Coleman (arrived late), James Holt, Harold Thomas, James Pulliaum, Lorraine Robinson, Clarence Davis, Gheric Bruce, and Ramona Taylor. Mayor Johnson declared a quorum present and proceeded with the agenda. Mayor Johnson took a personal moment to express his appreciation for all of the cards, flowers and prayers he received during his recent illness. He asked that the prayers keep coming because they are working. BID OPENINGS Bids for the Street Department, 2003 Asphalt Overlay Program were opened at 1:00 and copies of the bid tabulations were given to the City Council. Councilor Pulliaum moved, seconded by Councilor Taylor to accept the bids and refer to Administration for final disposition. Upon voice vote, the voting was unanimous. (bid sheet attached) MINUTES Councilor Taylor moved, seconded by Councilor Pulliaum to dispense with the reading of the minutes of September 4, 2003 and approve as submitted. Upon voice vote, the voting was unanimous. The motion carried. OLD BUSINESS None NEW BUSINESS Councilor Pulliaum moved, seconded by Councilor Robinson to suspend the rules and R-1 and O-1 through O-3 be read by title only. Upon voice vote, the voting was unanimous. R-1 A Resolution certifying the condemnation and removal of houses, buildings, and/or structures constituting a nuisance within the City of West Memphis Corporate Limits City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Councilor Taylor to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1774. O-1 An Ordinance waiving competitive bidding for a service agreement between Methodist Health Systems, Inc., and the City of West Memphis, approving the agreement, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Pulliaum moved, seconded by Councilor Robinson 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 Pulliaum moved, seconded by Councilor Bruce to further 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 Pulliaum moved, seconded by Councilor Bruce to approve the Ordinance. Upon voice vote, the voting was unanimous. The Orclinance was adopted and assigned No. 2077. O-2 An Ordinance to amend the Personnel Manual of the City of West Memphis, Arkansas and for other purposes. (Christmas holiday) City Attorney Peeples read the Ordinance for the FIRST time. Councilor Pulliaum moved, seconded by Councilor Robinson 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 Pulliaum moved, seconded by Councilor Robinson to further suspend the rules and the Orciinance be placed on its third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Orclinance for the THIRD AND FINAL time. Councilor Pulliaum moved, seconded by Councilor Bruce to approve the Ordinance. Upon voice vote, the voting was unanimous. This ordinance will be for the 2003 Christmas holiday only. The Ordinance was adopted and assigned No. 2078. O-3 An Ordinance to amend the Personnel Manual of the City of West Memphis, Arkansas and for other purposes. (increasing longevity pay from $5.00 to $10.00) Page 2 City Council Minutes September 18, 2003 City Attomey Peeples read the Ordinance for the FIRST time. Councilor Pulliaum moved, seconded by Councilor Bruce 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. (The Ordinance will be on its third reading at the next meeting). PERMISSION REQUESTS Councilor Pulliaum moved, seconded by Robinson to add two items to Permission Requests. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Councilor Davis to grant a variance and give permission to Delta Christian Association to have a yard sale in a commercial zone at the old Liberty Chevrolet building on the East Service Road on September 27, 2003. Upon voice vote, the voting was unanimous. Councilor Davis moved, seconded by Councilor Thomas to give permission for Mayor Johnson to sign the West Memphis Municipal Airport Settlement Agreement with EPA .Upon voice vote, the voting was unanimous. CITIZENS REQUESTS Charlie Cranbury, Head Start Director for Crowley's Ridge Development Council, present to request additional space for the Head Start Program at 1300 E. Polk. Mayor Johnson appointed a Committee consisting of Councilors: Coleman, Bruce, Pulliaum, and Felton to review the request and make a recommendation to the City Council. Dennis Brewer, 910 Wingate -Stated that he has been with the Fire Department going on sixteen years and was present to bring closure to an orcfeal he is going through. Mr. Brewer stated all he wanted was the City of West Memphis to be what is stated at the bottom of their letter head, "Equal Opportunity Employer". He said this has not existed during his employment. Mr. Brewer stated he was currently suspended by the Fire Chief Robinson for saying degrading and insulting remarks at a public Fire Commission meeting. Mr. Brewer stated he was then "belittled" by the Fire Chief in the Fire Chiefs office in front of his Captain and the Assistant Chief over a grievance form that he gave to the Chiefs secretary. His grievance was for being purposely promoted over several times. When he was called into Chief Robinson's office, Mr. Brewer stated the chief shut and locked the door. He asked for the Chairman of the Fire Commission Gheric Bruce and another Lieutenant to be present but was denied. Chief Robinson then called his wife, Lorraine Robinson and Clarence Davis, who are on the Fire Commission, and the media and the next thing he knew they were having a Fire Commission Meeting. He then stated he had put a letter in each of the council's folder and had not been contacted except for Alderman Pulliaum, Bruce, and McClendon. Mr. Brewer told Mayor Johnson that Chief Robinson was abusing his power with vindictive retatiation. Time was called on Mr. Brewer and Councilor Pulliaum moved, seconded by McClendon to allow him to speak another two minutes. Mayor Johnson allowed two more minutes. Mayor Johnson stated to Mr. Brewer that he had been advised, by mail, on his suspension and that he had the right to appeal to the mayor if filed within ten days. Councilor Coleman asked Mr. Brewer what he meant about being promoted over. Mr. Brewer stated he had seniority and experience over three people Chief Robinson had promoted. He said he had done the job of Fire Marshal for a year and a half without pay. The person that was promoted is in military active duty and gone to Cuba. Since he has been gone he has been promoted twice. Councilor Davis, for a matter of record, said that Chief Robinson had not talked to him and made the comment that there was no place in the Fire Department for Mr. Brewer. Councilor Pulliaum stated although the council did not have anything to do with administrative duties, the track record shows there is a problem and there needs to be Gosure. Mr. Pulliaum stated he had tried to talk to Chief Robinson a couple of times and if there is not closure, he would call for Chief Robinson's resignation. Councilor Robinson stated that she is on the Fire Commission and Chief Robinson is her husband and was her husband before he was ever chief or before she was ever an elected official. She told Mr. Brewer there was no personal vendettas against him and the comment she made was that if you want to be promoted, you have to pass the test whether you are black or white. She also stated that her husband's decisions were his own, not hers. Councilor Taylor stated she felt this was not the appropriate forum for this conversation. Councilor McClendon asked Mr. Brewer if he ever found out why he was not promoted. Mr. Brewer said that Chief Robinson told him that he should have promoted him but said that his promotion would not have gone over well in the public. Councilor Bruce stated as Chairman of the Fire Commission, Mr. Brewer had a right to have his Alderman present and other Fire Commissioners should not have been called. He also stated he felt Councilor Robinson being on the Fire Commission was a conflict of interest. He stated that he did not believe Mr. Brewer had been treated fair, there needs to be consistency, and there were things that needed to be addressed very quickly. City Attorney Peeples stated it would be more appropriate to discuss this at another forum, such as a Committee meeting. Councilor Thomas stated that fairness is a two-way street and being fair to the present Fire Administration, he has heard these same accusations before the four previous Fire Chiefs by the same firefighter. Mayor Johnson stated Mr. Brewer had the right of appeal. Councilor Pulliaum stated he was talked about the injustice and finding resolution. Mayor Johnson stated he would meet with some of the parties before the next council meeting, with Councilor Pulliaum and Bruce included, and if they proved there had been unfairness to him, then he would look into it. Page 3 City Council Meeting September 18, 2003 COMMITTEE REPORTS Councilor Felton reported Public Works Committee met and approved the asphalt program and reviewed a claim for damage received from the grapple truck. He also reported there were measures in place to safeguard against further claims. Councilor Taylor reported Advertising & Promotion Commission met and reviewed adds, reported future special events inGude the Lions Club Rodeo October 3-4th, Main Street Fall Festival October 4th, Christmas Tree lighting ceremony December 1 ~ and Christmas Parade December 4th. She also reported West Memphis has been nominated for five state awards, Commission requested state legislators define the term "prepared foods° and Commission requested a letter to be sent to City Clerk asking how they ensure all those who should be paying A&P taxes are doing so. Councilor Robinson reported Airport Commission met and said all projects were on schedule and new sweeper is now in use and is to be tagged. Councilor Thomas reported the Utility Commission met and approved three bids and approved the bad debt charge-off list. Councilor Holt reported Personnel Committee met and approved the two Personnel Ordinances that were on the agenda today. Councilor Coleman said that he had asked City Attomey Peeples to write a Resolution in honor of the fallen police officer Michael Waters and wanted to know why it was not on the agenda. Mr. Peeples stated he was asked to write a Proclamation to be read at the funeral but knew nothing about a Resolution. Mayor asked City Attomey Peeples to read a letter from Fire Chief Robinson to Police Chief Paudert regarcling the life saving efforts of police officers Joe Brasfield and Lynn Chamberlain. (copy attached). Councilor Pulliaum reported the Fire Department now has a training officer and a training program had been put into place. He also asked about the progress in building a new fire station on the west end of town. Mayor Johnson stated $200,000 was set aside in the 2003 budget and hopefully $200,000 will be put in next years budget and along with grant money, they hope to build soon. ii~~.. Councilor Coleman said he was continuing to pray for Mayor Johnson. Mayor Johnson thanked Rev. Coleman and said he would appreciate all continued prayers. Having no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:15 p.m. PASSED and APPROVED this ~ day of October, 2003. 7 WILLIAM H. JOHNS N, MAYOR ATTEST: PHILLIP ,CITY CLERK Minutes prepared by: E ~, a,r,r N CITY OF WEST MEMPHIS FIRE DEPARTMENT 200 NORTH SEVENTH STREET * WEST MEMPHIS, ARKANSAS 72301 * (870) 732-7570 September 17, 2003 To: Chief R. Paudert West Memphis Police Department From: Chief A. Robinson West Memphis Fire Department Re: Saving a Life On this date the fire call came in at 07:58am -report of a house fire at 301 N. 1 D`'' with possible entrapment. The report of "entrapment" starts energies and personnel to flow. Police officers responded to the scene also. With fire bellowing from the front door and l:eavy smoke throughout the structure, local citizens Earl Palmer and J.T. Joyce assisted in the rescue efforts. The life saving rescue was done by Officer Joe Brasfield (268), who initially tried to kick in the back door -blocked by a refrigerator, then going around the house to the north side window, and rescued a male, 97 year old, Myles Cannady, who had possible became dis-oriented due to the dense smoke. Assisting in the rescue of Mr. Cannady was Officer Lynn Chamberlain(294). EMT Medical Paramedic Unit assisted another occupant Lilly Robinson, 81 year-old female. Ms. Lilly had gone outside and returned to the structure to be encountered by the fire and smoke at the front entrance. Both occupants were taken to the hospital for observations. The cause of the fire was an arc from an electrical source. Commendation for the Fire and Police working together for the citizens and the betterment of the City of West Memphis. C!Piie~ CLr.~cyct J~aBwus an f \. WEST MEMPHIS 2003 ASPHALT OVERLAY PROGRAM West Memphis, Arkansas Bid opening September 18, 2003 1:00 p.m. Name & Address of Bidder Base Bid APAC-TN ,~ P.O. Box 13427 ~ ~~~~ 3 7~ Memphis, TN 38113-0427 ,`t.