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January 19, 2006MINUTES WEST MEMPHIS CITY COUNCIL JANUARY 18, 2006 A regular meeting of the West Memphis City Council was held on Thursday, January 19, 2006 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:30 p.m. Invocation was given by Reverend Tommy Stacey of Cornerstone Baptist Church. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attomey David Peeples, and Councilors: Clarence Davis, Vickie Robertson, Ramona Taylor, Herman Coleman, Helen Harris (late), James Holt, Harold Thomas, Joyce Gray and Lorraine Robinson. Absent: City Treasurer Frank Martin and Councilor Marko McClendon. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS None MINUTES Councilor Davis moved, seconded by Councilor Taylor to dispense with the reading of the minutes of January 5, 2006 and approve as submitted. Upon voice vote, the voting was unanimous. OLD BU8INESS None NEW BUSINESS Councilor Robinson moved, seconded by Holt to suspend the rules and R-1 and O-1 through O-9 be read by title only. Upon voice vote, the voting was unanimous. (Councilor Hams arrived) R-1 A Resolution certifying the amounts of liens imposed on certain properties for demolition contracted by the City of West Memphis pursuant to Ordinance 1141. City Attomey Peeples read the Resolution. Councilor Taylor moved, seconded by Councilor Robinson to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1829. R-2 A Resolution to acknowledge January 27 of each year as "Firefighter Recognition Day°. City Attomey Peeples read the Resolution in its entirety. Counalor Thomas moved, seconded by Councilor Hams to approve. Upon roll call vote, the voting was: AYES: Davis, Robertson, Taylor, Coleman, Hams, HoR, Thomas, Gray, and Robinson NOES: None The Resolution was adopted and assigned No. 1830. Chief Robinson thanked those who presented the Resolution and asked for prayers for the firefighters. Mayor Johnson thanked the firefighters for being there and said that he appreciated what they do for the City of West Memphis. O-1 An Ordinance to waive competitive bidding for economic development services, approving a contrail between the City of West Memphis and the West Memphis Chamber of Commerce, and for other purposes. City Attomey Peeples read the Ordinance for the FIRST time. O-2 An Ordinance waiving competitive bidding on dental insurance and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. O-3 An Orclinance waiving competitive bidding on life insurance for city employees with MetLife, and for other purposes. City Attomey Peeples read the Ordinance for the FIRST time. O-4 An Ordinance to waive competitive tHdding for the purchase of motor fuel, and for other purposes. City Attomey Peeples read the Orcfinance for the FIRST time. O-5 An Ordinance waiving competitive bidding for the professional consulting services in regulatory and other matters to be provided by David Wilson, and for other purposes. City Attomey Peeples read the Ordinance for the FIRST time. O-6 An Ordinance waiving competitive bidding for the professional consulting services in regulatory and other matters to be provided by A. J. Rowe and Associates, Inc., and other purposes. City Attomey Peeples read the Ordinance for the FIRST time. 0-7 An Ordinance to waive competitive bidding on professional accounting services, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. O-8 An Ordinance waiving competitive bidding for aerial spraying, ground spraying and other mosquito control efforts, and for other purposes. City Attorney Peeples read the Ordinance for the FIRST time. O-9 An Ordinance to waive competitive bidding for uniform and laundry service to be provided by G8~K Services, and for other purposes. City Attomey Peeples read the Ordinance for the FIRST time. Councilor Taylor moved, seconded by Councilor Thomas to approve payment of $315,688.06 to APAC for the 2005 Asphalt Overlay Program. Upon voice vote, the voting was unanimous. , COMMITTEE REPORT8 Utility Commission -Councilor Thomas reported they heard a complaint from a customer on S. Roselawn, awarcJed the low bid on tree trimming, and approved going to paper statements so that individuals will be about to contribute to a fund to assist people with utility bills Park Commission -Councilor Holt reported the lake at Tilden Rogers Park was stocked with trout again, several tournaments are set, and they are working on other parks. Personnel Committee -Councilor Holt reported they discussed raises for 2006. They will not know anything until February or March. Advertising 8 Promotion -Councilor Taylor reported on the events held at the Civic Center and Auditorium. They made the following appointments to the Advertising 8 Promotion Commission: Gary Gamblin from Super 8 to fill a vacancy, the re-appointment of Frank Waggener for the °at large position°, and the 2nd term appointment of Mike Patel from Comfort Inn. Councilor Taylor moved, seconded by Councilor Hams to confirm the appointments of the Advertising 8 Promotion Commission. Upon voice vote, the voting was unanimous. Airport -Councilor Robinson reported the AIP punch list began January 6d' with six items and four items have been completed; the remaining two items to be completed when weather allows. Core samples are being done on the runways to access the strength. An emergency plan meeting was held with representatives from the Corps of Engineers and City Officals to see how the City and Airport plans could be incorporated. Mayor Johnson added that the meeting was very informative and our earthquake preparedness plan is being revised and the Airport will develop an emergency preparedness plan and incorporate into the City of West Memphis plan, the City will incorporate their plan with the county, and the county will incorporate their plan into the state's plan and the state will incorporate their plan into FEMA's. Mayor Johnson reported that he had met with Marion officals on two occasions regarding the annexation dispute and asked the city attorney to bring them up to date on the meetings. City Attomey Peeples said that he and the Mayor met with the Mayor and City Attomey from Marion and the positions that were presented by them was, we could litigate this and if we win we keep what we already have, and if we lose, we could lose everything that is involved in that election, which is over 3000 acres. Their only proposal was not acceptable and they would not negotiate. After discussion Councilor Coleman moved, seconded by Councilor Thomas to proceed with the litigation and approve the hiring of an attorney to assist with the litigation that has done some work with the Municpal League and represented us before. The cost will be $2,000 retainer fee, plus an houriy rate. Councilor Robertson asked if we would be able to recover our legal fees if we win. City Attomey Peeples said he would look into that and if we can, we will. Upon voice vote; the voting was unanimous. Mayor Johnson stated he had put a copy of a letter from the Arkansas Department of Finance and Administration that informed the cty that we would have to refund sales taxes that were erroneously reported and paid to the city/county totaling $51,724.27. In order to reduce the impact on our monthly local tax distribution, the refund will be deducted from our monthly sales and use tax distribution in eighteen monthly deductions of $2,874.00 beginning February, 2006. APPOINTMENTS Mayor Johnson handed out the 2006 Committee Appointments. (Copy attached) CITIZENS REQUESTS Charles Smith, 619 Johnson Drive - Mr. Smith said that he was wrongly fired while off on medical leave. He had requested a medical leave of absence from his supervisor Leroy Turner. He then received a letter of termination due to not being eligible for the Family Medical Leave Ad. After discussion, City Attorney Peeples explained since Mr. Smith had not been employed with the city one year, he had no sick leave or vacation time. Since Mr. Smith has not been released from his dodor to go back to work, he has no other eligibility for leave, he is unable to pertorm the duties he was hired to do, and there is no other category to put him in, his employment was terminated. He was notified that he has the right to reapply for a position when he becomes physically able to do that. Mayor Johnson said that they were being consistent with the personnel policies and had no other choice but to terminate him. Having no further business to come before the City Council, Councilor Taylor moved, seconded by Councilor Holt to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:20 p.m. PASSED and APPROVED this oZh day of February, 2005. WILLIAM H. JOHNSO YOR ATTEST: PHIL ,CITY CLERK Minutes prepared by: Cindy Greenw od, Senior Deputy City Clerk 2006 COMMITTEE APPOINTMENTS FIRE COMMISSION POLICE COMMISSION Marco McClendon Lorraine Robinson James Holt Clarence Davis Ramona Taylor Hazold Thomas Joyce Gray Vickie Robertson Helen Harris: Herman Coleman PUBLIC WORKS COMIVIISSION BUDGET COMIVIISSION Ramona Taylor Hazold Thomas Marco McClendon James Holt Clazence Davis Herman Coleman Joyce Gray Vickie Robertson Herman Coleman Lorraine Robinson INSURANCE COMMITTEE PERSONNEL CONEVIITTEE Frank Martin James Holt Judy Moore Ramona Taylor Ramona Taylor Marco McClendon Hazold Thomas Herman Coleman LIA_ UTILITY COMMISSION -- Harold Thomas AIRPORT COMMISSION -- Lorraine Robinson PARKS & RECREATION -- James Holt DESIGN REVIEW COMMISSION -Marco McClendon