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June 3, 2004MINUTES WEST MEMPHIS CITY COUNCIL JUNE 3, 2004 A regular meeting of the West Memphis City Council was held on Thursday, June 3, 2004 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor William H. Johnson presided. Mayor Johnson called the meeting to order at 1:35 p.m. Reverend Gary Hair of Calvary Baptist Church offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples and Treasurer Frank Martin, Councilors: James Pulliaum, Lorraine Robinson, Clarence Davis, Ramona Taylor, AI Felton, Marco McClendon, Herman Coleman, James Holt, and Harold Thomas. Absent: Councilor Gheric Bruce. Mayor Johnson declared a quorum present and proceeded with the agenda. BID OPENINGS Bids for the Street Department- one portable air compressor and West Memphis Utility Commission -office building exterior painting were opened at 1:00 p.m. and copies of the bid tabulations were given to the council. Councilor Pulliaum moved, seconded by Councilor Thomas to approve the Street Department bids and refer them to the Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. Councilor Taylor moved, seconded by Councilor Davis to add the Utility Commission bids to the agenda and refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) MINUTES Councilor Davis moved, seconded by Councilor Taylor to dispense with the reading of the minutes of May 20, 2004 and approve as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd Reading: An Ordinance to change the terms for Aldermen from two years to four years and to provide that the Aldermen from each ward shall serve staggered terms and for other purposes. City Attorney Peeples read the Ordinance for the THIRD AND FINAL time. Councilor Pulliaum moved, seconded by Councilor Holt to approve the Ordinance and set the election to be held at the next general election. Upon voice vote the voting was unanimous. The Orciinance was approved and assigned No. 2095. Mayor Johnson stated this will have to be approved by the voters before it would become in effect. Councilor Coleman stated that if it is approved at the next election, it would be two years after that before the four year terms would begin. NEW BUSINES Councilor Pulliaum moved, seconded by Councilor Robinson to suspend the rules and the titles only be read of R-1, and O-1 thru O-5. Upon voice vote, the voting was unanimous. R-1 A Resolution requiring the Director of Police internal Afifairs to present in person before the West Memphis Police Commission, Fire Commission, or any applicable commission all completed investigative reports of citizen complaints and for other purposes. City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Councilor McClendon to approve. Councilor Pulliaum asked for the City Attorney's opinion. City Attorney Peeples stated he had two concerns, one being that the scope of the investigative powers of the Internal Affairs Officer is set up for police department affairs and if open to other departments, that person would need to be trained to conduct investigations for that particular department. His second concern was that investigations of personnel matters are to be made public record when that investigation results in any suspension or termination of an employee, however, any thing short suspension or termination of an employee, the matters that are investigated are not made public information and would be in violation of FOI. Lengthy discussion continued. Councilor Pulliaum moved, seconded by Councilor Davis to table the ordinance. Upon roll call vote, the voting was: AYES: Pulliaum, Davis, Taylor, Felton, and Holt NAYS: Robinson, McClendon, Coleman, and Thomas The motion FAILED Roll call vote was held on the motion to approve the Resolution: AYES: Pulliaum, Robinson, Felton, McClendon, and Coleman NAYS: Davis, Taylor, HoR and Thomas The motion FAILED. O-1 An Ordinance to amend Section 257.080 of the West Memphis Municipal Code regarding the maximum number of policemen authorized for the City of West Memphis, Arkansas, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. Page 2 City Council Minutes June 3, 2004 O-2 An Ordinance for the adoption of the IntemationaJ Fire Code, 2002 Edition, Volumes 1, ll, and lll, and for other purposes. City Attorney Peeples read the Orclinance for the FIRST time. O-3 An Ordinance adopting by reference the Arkansas Mechanical Code 2003 Edition with all amendments and revisions thereof, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. O-4 An Ordinance adopting the International Building Code providing for regulations governing the construcfron, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures. City Attorney Peeples read the Ordinance for the FIRST time. O-5 An Ordinance adopfrng the /ntemational Residential Code Providing for regulations and governing residential design, construction, quality of materials, enaction, installation, alteration, repair, location, relocation, replacement, addition fo, removal, demolition, use or maintenance of one-and-two-family dwellings and townhouses and providing for fhe issuance of permits and collection of fees. City Attorney Peeples read the Ordinance for the FIRST time. Mayor Johnson asked Eddie Brawley to explain the changes in the MPO Contrail. Mr. Brawley explained due to the air quality issues, they will have to update the Transportation Plan within the next year and establish a budget projecting emissions through 2030. Counrilor Taylor moved, seconded by Councilor Holt to give permission for Mayor Johnson to sign MPO contrails. Upon voice vote, the voting was unanimous. Coundlor Coleman moved, seconded by Councilor Taylor to approve payment to Sauggs Equipment Company in the amount of $92,585 fora 2005 International Trash Truck. Upon voice vote, the voting was unanimous. OMMITTEE REPOR Councilor Taylor reported A8P met and approved $10,000 for a baseball complex feasibility study, approved a budget revision of $1,000 for A8P to join the Hospitality Association, and approved the position of summer intern. Mayor Johnson said he needed to know what to do now because the study was to cost $15,000 to $20,000 and they only approved $10,000. Due to not all of the members of the A&P Commission being at the meeting, Coundlor Thomas moved, seconded by Councilor Coleman to request Mayor Johnson approach the A8~P Commission again for the entire amount needed for the study. Upon voice vote, the voting was unanimous. Councilor Davis reported the Police Commission met and discussed the 1971 ordinance that reads there are to be 69 officers and the ordinance read today increases that number to 100. They discussed the grant for three school officers and whether they would be able to keep them after the three year period. A derision has to be made 90 days from May 12~' so a sperial session might have to be called. Discussed pun°.hasing 10 laser/taser guns with grant funds. Chief Paudert discussed appointing an acrident review board to discuss accidents police officers have. There is a shortage of vehides in the police department and they are looking at remedying this. They are looking at the budget for funds and also the possibility of leasing vehides. Counrilor Thomas reported that the Utility Commission will meet next Thursday at 8:30 am and Public Works will meet next Thursday at noon. Counrilor Coleman reported that the Insurance Committee is looking at other carriers for next year. CITIZENS REQUESTS None ANNOUNCEMENTS Mayor Johnson reminded everyone, due to the Arkansas Muniripal League Conference being held on the next regular scheduled City Council meeting, the meeting was rescheduled for June 24, 2004. Counrilor Pulliaum expressed concerns that the approval of the summer intern position approved at the last counril meeting was not on the agenda. City Attorney Peeples it was voted on and whether or not it was properly before the council to ail on could be remedied by a resolution ratifying the ailions and adding it to the agenda and voting. City Attorney Peeples to prepare a resolution. Page 3 City Council Minutes June 3, 2004 Having no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Holt, to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:30 p.m. PASSED and APPROVED this °? ~~ day of June, 2004. WILLIAM H. JOHN ON, MAYOR ATTEST: PH ARA, CITY CLERK Minutes Prepared By: Cindy Green od, Sr. Deputy City Clerk CITY OF WEST MEMPHIS 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 CITY OF WEST MEMPHIS STREET DEPT. ONE PORTABLE AIR COMPRESSOR BIDDER NES RENTALS UNITED EQUIPMENT INC. WILLIAMS EQUIPMENT CO. BIDDER TOTALS $ 10, 5 S~. v a $ /Uo ~,; d $ 11,IQl.o~ An Equal Opportunity Employer ~~ ~~ ~~ Via. ~ ~ ~~ ~ o ~ ~~ b ~~. ~~ ~ ~ ~ ~~ ~ O ~ ~ o N w w` ..1 ~' ` V 0 ~ 1 ~ bd d O H b ~ ~ ~ H ~ b x ~ N Q ~ H ~ro S ~ Q rt b ~ yC ~ NVN W o O a V Q A ` 3' W .+. .r ~ ~ V v ~ a ~° b 7d 3~ r ~ :: ~ ~~~ t?i CHI ~ ~~c ~~„~ der r~iy ~xy ro ~°z ~~o Gd ~ ~°~z boo ~oo Cy ~ ~ ~P N O z 0 d c!!