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April 21, 2005MINUTES WEST MEMPHIS CITY COUNCIL APRIL 21, 2005 A regular meeting of the West Memphis City Council was held on Thursday, April 21, 2005 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 1:30 p.m. Reverend Jim Matson offered prayer. Phillip Para, City Cleric called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors: Rev. Herman Coleman (late), Marco McClendon, Helen Hams, James Holt, Harold Thomas, Joyce Gray, Clarence Davis, Vickie Robertson, and Ramona Taylor, Absent.' Councilor Lorraine Robinson. Councilor Ramona Taylor introduced the West Memphis Chamber of Commerce Junior Leadership Class II who was present for Local Government Day. Megan Crouch was elected "Mayor for the Day". BID OPENINGS Bids for the Police Department -eight (8) pursuit vehicles were opened at 1:00 p.m. and t~id tally sheets were provided for the City Council. Councilor Taylor moved, seconded by Councilor Holt to accept the bids and refer to the Police Commission for disposition. Upon voice vote, the voting was unanimous. (See attached) Bids for the Parks 8 Recreation Department -utility tractor & loader were opened at 1:00 p.m. and bid tally sheets were provided for the City Council. Councilor Davis moved, seconded by Councilor Thomas to accept the bids and refer to the Park Commission for disposition. Upon voice vote, the voting was unanimous. (See attached) M NI UTEg Councilor Taylor moved, seconded by Councilor Davis to dispense with the reading of the minutes of April 7, 2005 and approve as submitted. Upon voice vote, the voting was unanimous. Mayor Johnson noted some grammatical errors in the minutes of the Special Called City Council Meeting April 7, 2005. Fourth paragraph where it says due to conflicting renewal dates "four of the cities" should be changed to "three of the cities", the "four remaining cities" should be changed to "three remaining cities", paragraph five where it says "the City of West Memphis has received a letter of credit" should be changed to "will receive", the next paragraph where it says ~,,,, "to be bill" should be changed to "to be billed" and the last sentence which says, "this contract will carry a 30% wholesale price increase to be spread out over a five year period, the last part, "to be spread out over a five year period" should be struck because it is confusing. Councilor Robertson stated she thought that was correct as is. Mayor Johnson stated some people thought after reading the minutes, that "spread out over a five year period" meant that it would be 6°~ each year and that was not correct. The contrail will be a 30°~ increase the first year, and that amount for the next four years. Lengthy discussion was held regarcling the confusion of the correction. Councilor Taylor moved, seconded by Councilor Holt to approve the minutes of the Special Called meeting as corrected, with the exception of the correction of the last sentence. The last sentence is to be left as is. Upon voice vote, the voting was unanimous. OLD BUSINESS None NEW BUSINESS R-1 A Resolution supporting community development through a plan known as the Arkansas Delta Initiative. City Attorney Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor Holt to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1810. R-2 A Resolution authorizing the Mayor to sign a grant application for improvements at the West Memphis Municipal Airport, and for other purposes. City Attorney Peeples read the Resolution. Councilor Davis moved, seconded by Councilor HoR to approve. Discussion was held. Lynda Avery, Airport Director explained this is fora 100°~ grant and gave a brief presentation of the operations of the West Memphis Municpal Airport. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1811. PERMISSION REQUESTS None Utility Commission -Councilor Thomas reported the low bids were awarded and a presentation was given regarding the water situation at a local hotel. Park Commission -Councilor Holt reported they discussed the upkeep and maintenance of the parks. Police Commission -Councilor Gray reported the Police Commission will meet Thursday, April 28, 2005 at noon in the Chiefs Office. CITIZENS REQUESTS Ron Wilson, Attorney, was present representing Jack Moten in the matter regarding his termination as Sanitation Superintendent. Mr. Wilson questioned whether this matter was to be discussed in the open meeting, or in an executive session. Mr. Wilson said he had advised his client not to attend an executive session if he, as Mr. Moten's legal counsel, was not allowed to attend. City Attomey Peeples advised the law, under the Freedom of Information Act, regarding executive sessions, states only the people listed in the statute are allowed to attend an executive session and he, as City Attomey was not allowed in this executive session. City Attorney Peeples also said that any testimony or statements Attomey Wilson would like to make could be made in public, however he advised any deliberation that the council may choose to have regarciing this matter should be taken up in an executive session. Councilor Robertson requested a copy of that state statute. Mayor Johnson recessed the meeting for five minutes to allow City Attomey Peeples time to go get the state statute. The meeting recessed at 2:05. Mayor Johnson called the meeting back to order at 2:10 p.m. City Attomey Peeples handed out copies of the state law. Mr. wlson requested to make a presentation to the council, whether it is in public or an executive session. Discussion continued. Councilor Coleman moved, seconded by Councilor Robertson to proceed in public forum. Upon roll call vote the voting was: AYES: Coleman, McClendon, Harris, Holt, Thomas, Gray, Davis, Robertson, and Taylor. NAYS: None Mr. Wilson proceeded with his presentation. Mr. Wilson stated they had met with the Mayor and City Attorney to try and resolve this matter but could not; therefore they are coming before the council for consideration. In February Mayor Johnson terminated Mr. Moten as head of the Sanitation Department. Mr. Moten requested a reason for the termination and Mayor Johnson has chosen not to give reason. Mr. Wilson stated that Mr. Moten has been in that position for nine years and had no written reprimands in his personnel file. He asked the City Council to look at Mr. Moten's record as Sanitation Superintendent when they deliberate. Mr. Moten addressed the council and said he has been Sanitation Superintendent since 1996 and never knew there was a problem. He did not know what he did wrong. Lengthy discussion continued. In conclusion, Mr. Wilson asked the City Council to review his record and to consider the reasons, if any, that have been provided concerning his termination from the mayor. Mr. Wilson stated they believe his record will show that he does not deserve to be terminated. City Attomey Peeples advised the City Council that ff they wish to have any discussion or deliberation with regard to this issue, those discussions would be appropriate for an executive session, rather than being conducted publiGy. Discussion continued. Councilor Robertson asked Mayor Johnson for his reason for termination so she could make an objective decision. Mayor Johnson said that this was not a decision that he took lightly, made quickly or made without considerable thought. Mayor Johnson stated he did what he felt was in the best interest of the City of West Memphis. Councilor Gray stated she felt Mayor Johnson owed the council and the people of West Memphis an explanation for this termination. Mayor Johnson stated the law, which was ruled on by the Federal Courts and re-ruled on by the Eighth Circuit Court of Appeals, states very plainly that the mayor has the discretion to hire or remove department heads and does not have make public the reasons, nor allow a hearing. Roll call vote was held on the motion to overturn Mayor Johnson's termination: AYES: Coleman, McClendon, Hams, Gray, and Robertson NAYS: Holt, Thomas, Davis, and Taylor The motion required a two thirds vote, therefore the motion FAILED. ANNOUNCEMENTS 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 2:40 p.m. PASSED and APPROVED this day of May, 2005. ~,~~j . ~ ~l~~ WILLIAM H. JOHNS ,MAYOR ATTEST: PHI ,CITY CLERK Minutes prepared by: Cindy Greenw od, Senior Deputy City Clerk CITY OF WEST MEMPttIS 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULATION SHEET CITY OF WEST MEMPHIS Apri121, 2005 Park DEPARTMENT One Compact Utility Tractor and One Loader BID PRICE $ ~a,°t~$.°~ An Equal Opportunity Employer BIDDER Barton AG Center J. A. Riggs Tractor Heartland Equipment ~ W•T ~1 • **• ~i o • •~ •~~~.M•• CI'~Y O~ ~V~c~'~ M~MpKIc~ 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULATION SHEET CITY OF WEST MEMPHIS Apri121, 2005 POLICE DEPARTMENT EIGHT POLICE PURSUIT VEHICLES BIDDER Ford of West Memphis Ross Ford Steve Jones Chevrolet Machen Ford and Chrysler Landers Ford BID PRICE $ ~ lvg ~~1~ 00 $ ~ l't c~ 3a~ ° ° s 13B as9 too An Equal Opportunity Employer