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February 5, 2004MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 5, 2004 A regular meeting of the West Memphis City Coundl was held on February 5, 2004 at 1:30 p.m. in the City Coundl Chambers at City HaN, 205 S. Redding, West Memphis, Arkansas. Mayor William H. Johnson presided over the meeting. Mayor Johnson called the meeting to osier at 1:30 p.m. Rev. Lawrence Vaughn, who is also a lieutenant with the West Memphis Police Department, offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor Johnson, City Attorney David Peeples, and Treasurer Frank Martin, Councilors: Clarence Davis, Ghent Bruce, Ramona Taykx, A/ Felton, Marro McClendon, Rev. Herman Coleman, James Holt, Harold Thomas, James Pulliaum, and Lorraine Robinson. Mayor Johnson declared a quorum present and proceeded with the agenda. In honor of Black History Month, Mayor Johnson honored several African Americans who have made contributions to the City of West Memphis over the years. Mayor Johnson said that Councilor Lorraine Robinson worked hard to come up with the list and she assisted Mayor Johnson with the presentations. Mayor presented a Proclamation to Leo Chitman who was the first African American mayor in West Memphis, proclaiming Thursday, February 5, 2004 as Leo Chitman Day in West Memphis. Coundlor Lorraine Robinson presented framed Certificates of Appreciation to the following African Americans whom she referred to as "trail blazers": Lee Switzer -1 ~ African American Police Officer. Received by his son, Hercules Switzer. Ora Brecken-idge - 1~ female prindpal at Wonder Elementary. sc~9'~ Rev. Norman McDonald -for his many achievements ~~~lo Dr. Marian Barr- local physidan ~ ; y y~ ~,, ~ ~ssl~ Holbrook -Civil rights leader who lived to be 100 years old. Received by his daughter. ~,., y' Mr. LR Jackson -1 ~ graduating Bass from Wonder Jr. High in 1953. Received by his son. James Hightower-1 African American City Council member ~h ' r'`~ Maggie Hall -Civil rights activist James Norris -1 ~ African American Fire Chief. Received by present Fire Chief Arburt Robinson. Mehrin Guy -1 ~ African American Fire Fighter who was tragically killed by a drunk driver. CeRficate was received by his sister. Tommy Parker-1 ~ African American newspaper reporter in West Memphis at the Daily Sun. Roberta Jackson -1~ female African American City Coundlman and served 24 consecutive years. She was also the first female, African American Vice-Mayor. 8 J Yarbrough -Civil rights activist and past president of the NAACP in the 1950's. Berry Brown -Civil rights activist Chester Donley -1 ~ African American soil conservationist Rev. Ernest Coleman - for his many achievements and dedication and hard work in getting the r Martin Luther King, Jr. Monument and Panic in West Memphis. Johnnie Sparkman -one of the 1~ African American Police Officers. Received by his niece. BID OPENINGS Bids for West Memphis Utilities - (1) Mini Backyard Digger Derrick, (2) 72 ft. hydraulic articulating non-over center aerial device with telescopic upper boom were opened at 1:00 p.m. and bid tabulation sheets were given to the City Coundl. Coundlor Taylor moved, seconded by Coundlor Davis to approve the bids and refer them to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) MINUTES Coundlor Pulliaum moved, seconded by Coundlor Bruce to dispense with the reading of the minutes of January 15, 2004 and approve as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS None NEW BUSINESS Distribution of dog track funds Coundlor Pulliaum moved, seconded by Coundlor Holt to distribute $136,115.18 divided four ways to LR Jackson Girls Club, JW Rich Giris Club, Wonder Boys Club and West Memphis Boys Club. Upon voice vote, the voting was unanimous. Coundlor Pulliaum moved, seconded by Coundlor Taylor to distribute $18,763.00 from (4) Disaster Relief Days to the Good Neighbor Center. Upon voice vote, the voting was unanimous, Coundlor Pulliaum moved, seconded by Coundlor Taybr to distribute three Charity Days checks totaling $14,031.20 eleven ways which will be 7 ~ $1,275.56 and 4 ~ $1,275.57. Upon voice vote, the voting was unanimous. (See attached) Next, Mayor Johnson gave his State of the City message. (Copy attached) PERMISSION REQUESTS Coundlor McClendon moved, seconded by Coundlor Felton to approve the destruction of 1998 dty records in Finance Department and appoint Coundlor Davis to witness the destruction. Upon voice vote, the voting was unanimous. Page 2 Ciiy Counci! Minutes February 5, 2004 Councilor Taylor moved, seconded uy Councilor McClendon to give permission to pay OMI $58,310.00 for the month of February. COMMITTEE REPORTS Councilor Coleman reported the Insurance Committee had a very productive meeting and guests attending included Counclor Holt and Dr. Scott Ferguson. Councilor Holt reported Park Commission narrowed applicants for the Director's position to four, and will interview at the next meeting on the 11~'. He also reported the Budget Committee met and the following items were discussed: James Holt elected as Chairman, a car allowance of $4,800 per year for the mayor was discussed. Mayor Johnson stated if approved, he would lower a line item in the budget of maintenance of flower beds in the same amount. It was a recommendation of the Budget Committee that the City Council approve this item. Discussion of other car allowances tabled until further notice. Other special requests for budget changes will be reviewed afterfirst quarterfigures are in. Discussion was held on giving cty employees a 3°~ of their salary bonus on December 31 ~. Councilor Davis reported the Police Commission met and elected Lorraine Robinson as Chairman; they also discussed new police polices and looked at new protective vests. Councilor Coleman reported concern with flooding at 2300 SL Henry at the new apartments that were built. A lady called and reported there has never been flooding there before the apartments were built. Mayor Johnson is to get Street Supt., Odell Slaughter to look at drainage there. Counclor Davis praised the cty workers for keeping the storm drains ceaned out. He reported there was no flooding around WahMart after a 3' rain. None Having no further business to come before the City Council, Councilor Coleman moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:25 p.m. PASSED and APPROVED this day of February, 2004. ~i~ ,~ Lam- WILLIAM H. JOHN ,MAYOR ATTEST: ~- PHI ARA, CITY CLERK Minutes Prepared By: Cindy Greenw od; Sr. Deputy City Clerk ~ West Memphis Utility Commission P.O. Box 1868 • 604 East Cooper (870) 735-3355 • Fax (870) 732-7623 West Memphis, Arkansas 72303 MINI BACKYARD DIGGER DERRICK FEB. 5, 2004 S.D. PITMAN INC. 8649 W. SR 67 REDKEY, IN 47373 '*[ -~ ~~~, ~ ~~ ~ ~ An Equal Opportunity Employer West Memphis Utility Commission P.O. Box 1868 • 604 East Cooper (870) 735-3355 • Fax (870) 732-7623 West Memphis, Arkansas 72303 72 FT. BUCKET TRUCK WITH TELESCOPIC UPPER BOOM FEB. 5, 2004 GLOBAL RENTAL CO. 1730 VANDERBILT ROAD BIRMINGHAM, AL 35234 ALTEC INDUSTRIES 1730 VANDERBILT ROAD BIRMINGHAM, AL 35234 ~ /6 900.00 `IP ~Jr ~ 0 7~- ~ f~ -~_ An Equal Opportunity Employer Distribution of Funds From Southland Racing Corporation Charity Days February 2, 2004 10/14/2003 $ 2,218.75 12/05/2003 $ 2,430.95 1/28/2004 $ 9,381.50 Total . $ 14,031.20 Divided 11 ways = 7 @ $ 1,275.56 4 @ $ 1,275.57 I have attached a copy of the City's Ordinance, 3.24, allowing such payments. Frank Martin City Treasurer ANNUAL PAYMENT ON ACT NINE BOND ISSUES 3.16.010 Established-Amount. There is established a fee of ten dollazs for each conviction on indictment, presentment or information for misdemeanors, violations, infractions, or breach of the peace on all cases filed in the West Memphis municipal court by the city attorney on state laws committed within the corporation limits of West Memphis, Arkansas, and for the violation of ordinanc- es of the city. (Ord. 1044 § 2, 1980.) 3.16.020 Disposition of funds. All fees collected shall be designated to be paid into the general fund of the city. (Ord. 1044 § 3, 1980.) Chapter 3.24 DISTRIBUTION OF FUNDS TO YOUTH ORGANIZATIONS Sections: 3.24.010 Quarterly reports required from recipients. 3.24.020 Quarterly statement required. 3.24.030 Delivery of quarterly reports and statements. 3.24.040 Bond requirement. 3.24.050 Failure to comply-Grounds for withholding and consideration of funds. Chapter 3.20 ANNUAL PAYMENT ON ACT NINE BOND ISSUES Sections: 3.20.010 Imposition. 3.20.020 Payment in lieu of taxes. 3.20.010 Imposition. There is levied, on all industries financed through Act Nine bond issues an annual payment in lieu of taxes that will be negotiated on a case-by-case basis at the time the Act Nine bonds aze approved. The payment in lieu of taxes shall be paid to the school district in which the property is located, Crittenden County, and the city on a prorated basis according to the current tax millage of each of the entities. (Ord. 1722 ~§ 1, 1996: Ord. 1104 § 1, 1982.) 3.20.020 Payment in lieu of taxes. All Act Nine industries approved for bond issues by the city shall pay cash payments in lieu of taxes as outlined above. (Ord. 1104 § 2, 1982.) 3.24.010 Quarterly reports required from recipients. Every youth organization receiving funds distributed by the city for charitable purposes and other organiza- tionsreceiving such funds shall deliver to the mayor, the city clerk and to each member of the city council written quarterly reports containing such information as may be requested by the city council including, but not necessarily limited to, activities provided, average daily attendance, and total membership. (Ord. 1408 § 1, 1989.) 3.24.020 Quarterly statement required. Every youth organization receiving funds distributed by the city for charitable purposes and other organiza- tionsreceiving such funds shall deliver to the mayor, the city clerk and to each member of the city council a written quarterly financial statement of the organiza- tion. (Ord. 1408 § 2, 1989.) 3.24.030 Delivery of quarterly reports and statements. Quarterly reports and financial statements shall be delivered to the mayor, the city clerk and each member of the city council no later than forty-five days after the end of each calendar quarter. (Ord. 1408 § 3, 1989.) 43-5 (West Memphis 3-96) DISTRIBUTION OF FUNDS TO YOUTH ORGANIZATIONS 3.24.040 Bond requirement. All custodians of funds distributed by the city to youth organizations for charitable purposes and other organizations receiving such funds shall be bonded in an amount of not less than ten thousand dollars and a copy of such bond shall be provided to the financial director of the city. (Ord. 1408 § 4, 1989.) 3.24.050 Failure to comply-Grounds for withholding and consideration of funds. The failure of any youth organization or other organization receiving such funds to comply with the provisions of this shall be sufficient grounds towith- holddistribution of funds allocated for such organiza- tion until such time as such organization has complied with the provisions of this chapter. In addition, the failure of any such organization to comply with the provisions of this chapter shall be sufficient grounds for consideration of the amount of money, if any, to be distributed in the future. (Ord. 1408 § 5,1989.) 43-6 (West Memphis 3-96) STATE OF THE CITY MESSAGE In 2003, much was accomplished that will benefit our City in the future. 1) In the Main Street District, the final phase of Broadway Revitalization was initiated. This project, from Second Street west, to the intersection of Rhodes, is being funded with Arkansas Highway Department grant money and funds allocated from a pervious sales tax issue. These improvements are in excess of $600,000. I have received many positive comments regarding the appearance of Broadway, particularly from those that travel this area at night. 2) The reconstruction of Bettis Street was paid for with Community Development Block Grant money. The project included water and sewer repairs, improved drainage, new curbs, gutters, and sidewalks, and a new concrete street surface. The contract was in excess of $500,000. CO1~~IlVIUNITY DEVELOPMENT 1) Community Development Block Grant funds provided for rehabilitation and repairs on 65 houses for low-income elderly. 2) Demolition of 17 substandard houses has improved the aesthetic appearance of our neighborhoods. Arkansas Department of Environmental Quality regulations regarding asbestos removal limited the number of structures removed. CONIMERCIAL AND RESIDENTIAL New construction has progressed at an excellent pace. Single family residential has improved with 141 new permits issued. 22 multifamily permits were issued, and 10 new commercial permits were issued in 2003. In addition to the above, 83 permits were issued for remodeling of single family dwellings; 15 permits were issued for apartment remodeling; and 30 permits were issued for commercial remodeling. These approvals not only helped in providing housing for our citizens, but the economic impact helps all our businesses. PUBLIC SERVICE The MATA bus service continues to assist our citizens to access many services in our city, including medical, shopping, employment, and education. The City Council wisely increased the A&P tax to fund 50% of the cost, with the balance being provided through a grant. This action was challenged in court; and at this time, the only ruling brought forth was in favor of the City - so the buses continue to roll. DISASTER PLANNING 1) We completed the Auburn Street buyout to remove flooding problems in that area. We have now targeted the Pearce and Oliver Street area as the most critical area of our City and have allocated funds to mitigate this problem in 2004. The 14~' Street bridge was replaced with Arkansas Highway Department funds, plus local matching funds. We continue to move forward with the Project Impact Program. Fire Station #2 retrofit has been completed; the Bragg school project is complete with approximately $800,000 invested in the safety of our children. Other projects are under consideration at this time. POLICE & FIRE Our new communication system is now in place and operating very effectively. This system is state of the art and the finest technology available in this area. The Police Department reported only 3 homicides in our City for 2003, as compared to a high of 14 homicides in 1996. This did not happen by accident, but through excellent police work. Our Police Department handled 7 hostage and armed barricade situations in 2003. All were resolved with no injuries to hostages, officers or the criminal; and all were resolved with no shots being fired. This is outstanding work, as one of the barricade situations lasted in excess of 24 hours. Our Fire Department continues to extinguish fires in an outstanding fashion. We have new leadership in our Fire Department, and numerous changes have been initiated. As expected, change brings concern to all involved, but we are working together to resolve the internal problems that exist. To the credit of all involved, none of these concerns have affected our ability to provide the services our community deserves. Our Fire Department has been awarded several sizeable grants in 2003 and for 2004. OFFICE OF ECONOMIC DEVELOPMENT The Economic Development Office is proud of the expansions and openings of the following: 1) Warren Unilube (formerly Coastal Unilube) 2) Contract Freighters, Inc. 3) Ciba Specialty Chemicals 4) IdleAire Technologies 5) River Bend Cotton Warehouse Port of West Memphis has a new floating dock that was completed for use by Global Materials to help recruit new industries and to improve service to our local businesses. Construction on the Airport Road interchange should begin in the spring 2004 season to redesign the interchange for more effective and safer use. The Office of Economic Development continues an excellent working relationship with all government entities to continue to strive for a better quality of life for the citizens of West Memphis, and to ask that we stay focused not only to be a better community, but to be the best community.