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August 4, 2005MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 4, 2005 A regular meeting of the West Memphis City Council was held on Thursday, August 4, 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 1:34 p.m. David Young with Ingram Baptist Church offered prayer. Cindy Greenwood, Senior Deputy City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attomey David Peeples, City Treasurer Frank Martin and Councilors: Clarence Davis, Vickie Robertson, Ramona Taylor, Herman Coleman, Marco McClendon, James Holt, Harold Thomas, and Joyce Gray. Absent.• City Clerk Phillip Para and Councilor's Lon'aine Robinson and Helen Harris. BID OPENINGS Bids for the Street Department -One, new model one (1) ton stake bed truck with hydraulic Iltt gate were opened at 1:00 p.m. and copies of the bid tabulations were given to the City Council. Councilor Davis moved, seconded by Councilor Gray to accept the bids and refer them to the Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. (Copies of bid tabulation attached) MINUTES Councilor Taylor moved, seconded by Councilor Thomas to dispense with the reading of the minutes of July 21, 2005 and approve as presented. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd Reading An Ordinance to amend Chapter 3.08 of the West Memphis Municipal Code regarding the competitive bidding requirements for purchases made by the City of West Memphis and for other purposes. City Attorney Peeples read the Ordinance for the THIRD AND FINAL TIME. Councilor Thomas moved, seconded by Councilor Holt to approve the ordinance. Upon roll call vote, the voting was: AYES: Davis, Taylor, Coleman, Holt, and Thomas NOES: Robertson, McClendon, and Gray Mayor Johnson voted "yes". The motion carried. Councilor Robertson asked for a point of information regarding the legality of the mayor voting. She stated it was her understanding that the law says the mayor could only vote to break a tie. City Attomey Peeples stated the law reads the mayor has a vote when it is necessary to pass any measure. Councilor Robertson asked for a copy of that law. City Attorney Peeples to see that she receives a copy. Councilor Coleman asked City Attomey Peeples if he could change his vote. City Attomey Peeples explained the votes had been cast and tallied and he could not go back and change his vote. The Ordinance was assigned No. 2125. NEW BUSINESS Councilor Holt moved, seconded by Councilor Thomas, to suspend the rules and the titles of all Resolution's and Ordinance's be read by title only. Upon voice vote, the voting was unanimous. R-1 A Resolution setting the annual fax levy for the Policemen's Pension and Relief Fund. City Attomey Peeples read the Resolution. Councilor Holt moved, seconded by Councilor Taylor to approve the resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1821. R-2 A Resolution setting the annual tax levy upon the assessed value of all real and personal property within the City of West Memphis, Arkansas, for the Firemen's Pension and Relief Fund. City Attomey Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor Holt to approve the resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1822. R-3 A Resolution setting the annual tax levy for the Public City Library. City Attomey Peeples r ~ read the Resolution. Councilor Taylor moved, seconded by Councilor Davis to approve the ~~` resolution. Upon voice vote, the voting was unanimous. The Resolution was adopted and ltrrr' assigned No. 1823. R-4 A Resolution granting consent to assign and change of control of the local cable television system. City Attorney Peeples read the Resolution. Councilor Thomas moved, seconded by Councilor Holt to approve the resolution. Ms. Linda Brashear's with Time Wamer Cable came forward and explained that Time Wamer and Comcast Cable, which are the largest cable operator in the United States, are clustering their locations geographically so they can better serve their customers and the communities in those areas. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1824. 2 City Council Minutes August 4, 2005 O-1 An Ordinance waiving competitive bidding for custom woric to be provided by Southwestern Bell Telephone, I..P., to accommodate the electrical supply to be provided by Constellation Energy Commodities Group, lnc., declaring an emergency and for other purEwses. City Attomey Peeples read the Ordinance for the FIRST time. Mayor Johnson explained he put an explanation in the council packets and they had gone over this in pre-counal, this was an item that urgently needs to be accomplished in the extremely near future. Mayor Johnson stated our supplier changes January 1, 2006 and this work must be done so we will be able to accept our electrical supply from Constellation. The facilities that are involved can only be worked on by Southwestern Bell, an outside contractor can not do it, and Southwestern Bedl could not contrail with Constellation because we are their customer. Southwestern Bell has to contrail with the City of West Memphis to do this work which is approximately $64,000 which will be refunded by Constellation as soon as the work is completed and we pay Southwestern Bell. Mayor Johnson also explained that we only heats about this last week. Councilor Taylor moved, seconded by Councilor Davis to suspend the rules and place the Ordinance on its second reading. Councilor Robertson asked what was the deadline for this work. Mayor Johnson said it must be completed by January 1~t. City Attomey Peeples added that if they could pass this today, Southwestern Bell needed the check and the signed agreement ovemighted to them, so they could get this work accomplished before the first of the year. Upon roll call vote, the voting was: AYES: Davis, Taylor, Coleman, McClendon, Hoft, and Thomas NOES: Robertson and Gray Mayor Johnson voted "yes". The motion carried. City Attomey Peeples read the Ordinance for the SECOND time. Counalor Robertson asked if the Mayor had a vote to suspend the rules if it was not a 5 to 5 tie vote. City Attomey Peeples stated acxording to a recent Attomey General opinion, yes he did. Councilor Thomas moved, seconded by Councilor Taylor to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Davis, Taylor, McClendon, Holt, and Thomas NOES: Robertson, Coleman, and Gray The motion to suspend the rules FAILED. City Attomey Peeples stated they would probably have to come back and address the cost increase in the next orcdinance when ever they can present this again. Todd Pederson, Electrical Engineer for West Memphis Utilities came forward and said this had to be done by September 1~t and if it is not, January 1~t, 2006 we will not have any power for the citizens of West Memphis. Counalor Robertson asked why they waited so long to get this information to them if it had to be done by September 1~t. Mr. Pederson stated they just got the proposal from Southwestern Bell last Thursday and since it was over $10,000, competitive bidding needed to be waived. Mayor Johnson stated the vote had been tallied and it was a dead issue. A Speaal-Called meeting would have to be called because if it is not done and ready to accept it December 31st, when our contrail runs out with Entengy, there will be no eledriaty in the City of West Memphis. Counalor Coleman asked if he could change his vote. Mayor Johnson said the vote had been taken and tallied, therefore no he could not. O-2 An Ordinance to establish new compensation for Alderman of the City of West Memphis, and the City Clerk, and the City Treasurer. Counalor Coleman stated that he and Counalor Hams sponsored this ordinance. Due to there being things that needed to be re-worded, he moved to table the Ordinance indefinitely. The motion was seconded by Counalor Gray. Upon voice vote, the voting was unanimous. The Ordinance was tabled indefinitely. PERMISSION REQUEST8 Mayor Johnson stated he and the City Attomey had to be out of town on August 18th which was the next regulariy scheduled City Counal meeting. He asked the council to reschedule the next meeting until August 25th. Counalor Robertson asked why they couldn't move it up to the 11th since they were going to have to have a spatial-called meeting next week anyway. Discussion continued. Counalor Robertson moved, seconded by Counalor Taylor to change the next scheduled City Counal meeting from August 18"'to August 11th. Mayor Johnson stated this would suffice the spatial-called meeting that was going to be necessary on the Constellation project and the regular meeting. Upon voice vote, the voting was unanimous. Public Works Committee to meet at noon on August 11th and City Counal at 1:30 p.m. with no pre-council meeting. Councilor Coleman moved, seconded by Councilor Taylor to approve the distribution of Southland Rating charity funds in the amount of $111,602.28 to be divided in four equal amounts to West Memphis Boys and Giris Club, Wonder City Boys Club, LR Jaacson Girls Club and JW Rich Girls Club. Upon voice vote, the voting was unanimous. Park Commission -Counalor Holt reported the Park Commission met and discussed holding on to the bid on the new building and transfer the existing building to the other property and save enough money to do other things around that building. Utility Commission -Counalor Thomas reported they will meet next Thursday morning at 8:30 and Public Works Committee will meet next Thursday at noon. 3 City Council Minutes August 4, 2005 Advertising and Promotion -Councilor Taylor handed out two new brochures, one listing the restaurants and lodging in West Memphis, and the other was a Delta Byways brochure. She reported last month over 2000 people used the Civic Center and Auditorium, the Chamber and Visitors Bureau mailed out 47 visitors packets, and they in conjunction with Defta Byways, sponsored a luncheon in North Little Rock for the National Motor Coach network to encourage them to stop in West Memphis. Police Commission -Councilor McClendon reported they discussed having an evidence problem. A representative from Jonesboro is suppose to come to the next meeting at the new sub station and show how they barcode their evidence. They also discussed special training some officers have received, over-time issues, and a request for raises. Councilor McClendon also thanked all the participants in National Night Out. Councilor McClendon asked everyone to keep the families of the victims in the shooting incident last week in their prayers. None Cindy Greenwood announced the third annual West Memphis Main Street Taste of the Town event was to be held tonight at Southland Greyhound Park from 7:00 until 9:30 p.m. There were 16 local restaurants participating along with Budweiser and two Arkansas wineries. Tickets are $20.00 or $25.00 at the door. Councilor Coleman thanked those who supported him during his recent traumatic time. City Treasurer Frank Martin announced the Budget Committee will meet next Tuesday at noon. Having no further business to come before the City Council, Councilor Davis moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:10 p.m. PASSED and APPROVED this I~ day of August, 2005. r `ll- s - t~~ ~ .sr-J WILLIAM H. JOHNSON, MAYOR ATTEST: PHILLIP ,CITY CLERK Minutes prepared by: Cindy Greenwo ,Senior Deputy City Clerk ~rr BID TABULATION SHEET ONE NEW MODEL ONE (1) TON STAKE BED TRUCK WITH HYDRAULIC LIFT GATE AUGUST 4, 2005 DEALER BID ~-/~t ~~ ~/ $ 33 ~a~cb (d C ~EA/1~o27J,~ 3~ p v a .--,