December 6, 2007MINUTES
WEST MEMPHIS CITY COUNCIL
DECEMBER 6, 2007
A regular meeting of the West Memphis City Council was held on Thursday, December 6, 2007 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 Gary
Hair of Calvary Baptist Church. Phillip Para, City Clerk, called the roll. Those present were:
Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and
Councilors, James Holt, Chester Peeples, Phillip Carter, Lorraine Robinson, Clarence Davis,
James Pulliaum, Ramona Taylor, Herman Coleman, Marco McClendon, and Helen Harris.
Quorum being present, Mayor Johnson proceeded with the meeting.
BIQ OPENINGS
1. Community Development Agency -Demolition
2. 2008 Material Supply Contracts
Peeples moved, seconded by Taylor to accept the bids and refer the CDA demolition bids to the
Community Development Agency and the 2008 supplies to the Public Works Committee for final
disposition. Motion carried by unanimous vote. (Copies attached)
MINUTES
Councilor Hams moved, seconded by Councilor Davis to dispense with the reading of the
minutes of November 15, 2007, and approve them as submitted. Upon voice vote, the voting was
unanimous.
OLD,BUSINESS
3'd Reading An Ordinance to amend Section 2.51.030 of the West Memphis Municipal Code
establishing the salary for the position of City Attomey, and for other purposes.
Councilor Coleman made a motion to amend the orciinance adding to the ordinance to reveal
Ordinance 1208 of 1985 and increase the City Council salaries to $10.500.OOper near which
tracks the ordinance already on the aoenda. Councilor Carter seconded the motion. Roll call:
AYES: Carter, Robinson, Pulliaum, Taylor, Coleman, McClendon and Harris
NOES: Hoft, Peeples and Davis
The motion carved. Councilor Hams moved, seconded by Taylor to approve the Ordinance as
amended. City Attomey Peeples read the title of the OMinance for the third and final time.
Discussion was held on adding the title of Ordinance O-3, which is on the agenda today, to the
final reading of this ordinance. City Attorney Peeples read the title "An Ordinance to amend
Section 2.51.030 of the West Memphis Municipal Code establishing the salary for the position of
City Attomey and an ordinance to establish compensation for AldeRnen for the City of West
Memphis and for other purposes. Roll call vote was held on the Ordinance and the amendment.
AYES: Holt, Peeples, Carter, Davis, Pulliam, Taylor, Coleman, and Harris
NOES: Robinson and McClendon
The motion carried. The Ordinance was assigned No. 2168.
2"d Reading An Ordinance to amend Section 4.2 of the City of Personnel Manual of the City of
West Memphis, Arkansas regarding sick leave for newly hired employees and for other purposes.
City Attorney Peeples read the Ordinance for the SECOND time. Taylor moved, seconded by
Pulliaum to suspend the rules and the Ordinance be placed on its third reading. Motion carried.
City Attorney Peeples read the Ordinance for the third and final time. Harris moved, seconded
by Davis to approve the Ordinance. Motion carried by unanimous vote. Mayor Johnson stated
this Ordinance does not affect any current employees and will only affect those hired after the
Ordinance goes into effect January 8th, 2008.The Ordinance was approved and assigned No.
2169.
NEW BUSINESS
Mayor Johnson presented the 2005 State of the City Message to correct the 2006 audit. (See
attached)
Robinson moved, seconded by Taylor to suspend the rules and the titles of R-1, R-2, and O-1
and O-2 only be read. The motion carried.
R-1 A Resolution of the City of West Memphis, Arkansas to enter into an agreement with CGI
Communications, Inc. for enhancement of the website.
City Attomey Peeples read the Resolution. Peeples moved, seconded by Robinson to approve.
The motion carried by unanimous vote. The Resolution was approved and assigned No. 1879.
Mayor Johnson advised the presenter of the Resolution (R-2) and Ordinance (O-2) requested it
be tabled and removed from the agenda and placed back on in two weeks. This will give all
those who are opposed an opportunity to meet with the presenter and resolve any issues.
R-2 A Resolution to change the City of West Memphis Comprehensive Plan for C-V-E,
Conservation Extraterritorial, to I-E, Industrial Extraterritorial, for certain described property
located at 2597 Wavery Road
Coleman moved, seconded by Carter, to table the Resolution until the next City Council meeting.
The motion carried.
O-2 An Ordinance to rezone the property at 2597 Waverly Road, located within the City of
West Memphis one mile extraterritorial jurisdiction boundary, from C-V-E, Conservation
Extraterritorial, to I-1-E, Limited Industrial Extraterritorial
Taylor moved, seconded by Pulliaum to table the Ordinance until the next City Council meeting.
The motion carried.
Taylor moved, seconded by Peeples to table the Planning Commission Recommendations until
the next City Council meeting. The motion carried.
R-3 A Resolution of the City Council of the City of West Memphis, Arkansas, require that
Mayor William H. Johnson request the resignation of Erik C. Sammis and Jimmy M. Evans as law
enforcement officers of the West Memphis Police Department
City Attorney Peeples read the Resolution in its entirety. McClendon moved, seconded by
Coleman to approve the Resolution. Oue to a number of people who signed up to speak
regarrling this matter, Mayor Johnson moved Citizens Requests upon the agenda to allow those
who wished to speak the opportunity before the vote was taken.
CITIZENS REQUE3T3
Leo Chitman, 2506 E. Jackson Ave. -said he was present to support the six council members
who signed the letter in wupport of the Honorable Victor Hill Circuit Judge. (See attached)
Dance Thomas - 914 Mimosa -asked that there will be justice for the police officers who shot a
child.
Pastor Stephen Chitman - 780 W. McAuley -here to support the Resolution asking for the
resignation of Officers Sammis and Evans and requested the City Council write or speak to the
Chief of Police about attacking people verbally and unprofessionally.
Jeweline Andrews -present as a concerned citizen read Scriptures from the Bible.
Vondra Moore - 204 Anna Lane -stated the system in West Memphis has been doing wrong but
should do the right thing when it involves a child and not sweep it under rug and cover up
information.
Maggie Hall - 228 Jackson -spoke in strong support of the Resolution and said the record
of.Officer Sammis speaks for itself and he needs to be tried and convicted and in jail.
Joyce Gray -spoke for equal justice and requested Chief Paudert apologize for the statements
he made.
Verna Mae Farrow -3408 Church -said she was the grandmother of DeAunta Farrow and said
she felt her grandson was murdered in cold blood.
Mayor Plez Lucas -Janette, AR -said he was here to show his concern about this situation.
Brock Weast - 273 ~nchell -said the City Council was suppose to watch over all of us and
wanted peace and justice in the community.
Mayor Johnson acknowledged Mrs. Farrow in the audience and extened our deepest sympathy.
Mayor Johnson then opened the floor for discussion to City Council members on the motion to
approve Resolution R-3.
Councilor McClendon was upset with Chief Paudert for the comments he made and that he
needs to respect the City Council. He said he was not against the Police Department; he was
against the two officers using deadly force. He said the City Council was the voice of the people
they represent and came to the aid of Mrs. Farrow. He said he supported Judge Hill . He said he
was going to present a Resolution that asks Mayor Johnson to ask Chief Paudert come to the
City Council and apologize.
Councilor Robinson said she was appalled at the newspaper article in the Evening Times with
Chief Paudert coming out in such a manner. She said in times past when Department Heads
used such disrespect, the Mayor has reprimanded, suspended, or took some actions against
them. She said for him to get on National TV and talk the way he did, just because they are
African Americans, is most certainly unacceptable. She echoed the sentiments of everyone
today. Councilor Robinson then made a motion to amend the Resolution and add that Mayor
Johnson ask for the resignation of Chief Bob Paudert. Councilor Coleman seconded the motion.
Roll call vote:
AYES: Carter, Robinson, Pulliaum, Coleman, McClendon, and Hams
NOES: Holt, Peeples, Davis, and Taylor
The motion carried. Robinson moved, seconded by Harris to approve the Resolution as
amended. Roll call:
AYES: Carter, Robinson, Pulliaum, Coleman, McClendon, and Hams
NOES: Holt, Peeples, Davis, and Taylor
The motion carried. The Resolution was approved as amended and assigned No. 1880.
Councilor Robinson stated she didn't know what kind of person Mayor Johnson would be if he
voted to veto what they have all asked for today.
Councilor Coleman said he loved West Memphis and has no desire to live anywhere else. He
said voting for the Resolution was not personal, but he felt it was in the best interest of our city
and we need to put certain things behind us and move on.
O-1 An Ordinance granting a Special Use Permit for the property located at 408 S. Avalon, to
allow a flag pole communication tower, 160 feet in height, in a C-1, General Commercial District
City Attorney Peeples read the Ordinance for the FIRST time.
O-3 An Ordinance to establish compensation for Alderman for the City of West Memphis
Coleman moved, seconded by Robinson to table the Ordinance indefinitely. Upon voice vote,
the voting was unanimous.
PERMISSION REQUESTS
A motion was made by McClendon and seconded by Taylorto give permission to pay: (1) K81
for seats at the Civic Auditorium as approved by state and federal contract for $143,376.85 (2)
APAC Tennessee $128,994.40 for the 2007 municipal improvements, and (3) APAC Tennessee
$158,657.83 for Ross Street reconstruction. Motion was approved by unanimous vote.
COMMITTEE REPORTS
Police Commission -McClendon reported they briefly discussed the Environmental Court, the
possibility of hiring 4-8 Community Police, and changing the policy dealing with surveillance.
Public Works Committee -Robinson reported they met briefly and discussed the problem with
people blowing their leaves into the gutters.
Frank Martin announced budget hearings will begin Monday at 1:00 p.m. at City Hall.
Mayor Johnson announced the Christmas Parade was tonight beginning at 7:OOp.m.
Having no further business to come before the City Council, Councilor Harris moved, seconded
by Councilor Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting
adjourned at 2:30 p.m.
~4hl,t0.ryy~ ~b08
PASSED and APPROVED this 3 r~ day of-Beeembrrr, ;?86~.
WILLIAM H. JOHNSON, YOR
ATTEST:
PHILLI ,CITY CLERK
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MEMORANDUM
T0: All City Council Members:
Mr. James Holt
Mr. Clarence Davis
Mr. James Pulliaum
Mr. Phillip Carter
Mrs. Ramona Taylor
Dr. Chester W. Peeples Jr.
Mrs. Lorraine Robinson
Mr. Marco McClendon
Reverend Herman Coleman
Mrs. Helen Harris
~~
FROM: Mayor William H. Johnson ~'
DATE: December 5, 2007
At the conclusion of the Legislative Audit for 2006, the auditors were unable to locate the
State of the City Message which should have been presented in 2006. I have a copy in
the computer files and they recommended that this be corrected in the near future." This
should close the issue with legislative audit.
205 South Redding West Memphis, Arkansas 72301 (870) 732-7500
2005 STATE OF THE CITY MESSAGE
The 2005 year, a year to remember as one of building for our future. We have three new
city council members and we welcome them to City Government.
In 2005 our Airport continues its steady progress when they received a 100% grant for
approximately $2,500,000.00. Way to go Airport and Airport Commission.
In April the City Attorney was successful in settling a case involving our city that had
been in court for many years. The "Signature Combs" case involved alleged improper
disposal of oil, grease and other items in areas in and around our city. He was able to
settle this case for a nominal amount of money and no adnussion of wrong doings.
Our Parks went through a period of drastic change when the I-40 Interchange
reconstruction was initiated. This interchange had been planned for years and was
desperately needed but in order to construct this project the AHTD was required to
acquire property that included our Park storage facility and our parks shop building and
office space. This was a difficult task since we could not cease our operation during
relocation. We relocated our storage building all constructed new outside storage area
with minimum disruption and all was accomplished with the funds we received from the
AHTD for our property we lost.
Shady Grove Improvements were completed within the budget.
Our City Council approved an ordinance with allowed our citizen to vote on additional
services to be offered by Southland Racing Commission. This was passed by our voters
and we should receive additional revenue by 2007. We are scheduled to receive 1 '/z% of
their revenue on the machines which could be a considerable amount of money.
Infinity pulled the permits to build their first warehouse which is 600,000 square feet and
will produce from 250 to 400 new jobs in West Memphis. This is a tremendous lift to
our economy and is possibly the first of several warehouses this firm will construct. We
created a TIF district which is a tool that will allow Infinity to redirect their property tax
money to infrastructure.
The most significant accomplish this year was the new supply contract the Utility
negotiated with Constellation. This was necessary as a result of a letter we received from
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Entergy, (our present supplier), that they would not renew our contract as of December
31, 2005. Even though this contract did include an increase it was very favorable when
compared to all altennatives. I feel that we will still offer the most attractive rates in this
area even after the increase. This negotiation was long, hard, complicated and expensive
but the results will certainly bring us benefits for the next 5 years.
This has been a good year as each department continues to provide the services our
citizens deserve and we have managed to keep our city financially solvent.
BID TABULATION SHEET FOR
2008 MATERIAL SUPPLY CONTRACTS
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