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01/21/2010MINUTES WEST MEMPHIS CITY COUNCIL January 21, 2010 A regular meeting of the West Memphis City Council was held on Thursday, January 21, 2010 at 1:30 p.m. in the City Council Chambers at City Hall, 205 South Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:30 p.m. Invocation was given by Reverend Herman Coleman. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attomey David Peeples, City Treasurer Frank Martin and Councilors, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, Herman Coleman, Marco McClendon, Willis Mondy, James Holt, Taz Tyrone, and Phillip Carter. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS Bids for ADFA Housing Rehabilitation WM-10-01 were opened at 1:00 p.m. and copies of the bid tabulations were given to the council. Councilor Tyrone moved, seconded by Councilor Mondy to accept the bids and refer to the Community Development Agency for final disposition. Upon voice vote, the voting was unanimous. MINUTES Councilor Taylor moved, seconded by Councilor Tyrone to dispense with the reading of the minutes of January 7, 2010 and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS NEW BUSINESS R-1 A Resolution of the City of West Memphis, Arkansas to support President Barack Obama Health Care Reform that would provide health care for millions of uninsured Americans as well as hundreds of thousands of Arkansans (tabled January 7, 2010) Councilor McClendon moved, seconded by Councilor Taylor to table the Ordinance indefinitely. Upon voice vote., the voting was unanimous. R-2 A Resolution of the City of West Memphis, Arkansas to support President Barack Obama Health Care Reform that would provide health care for millions of uninsured Americans as well as hundreds of thousands of Arkansans Councilor Robinson moved, seconded by Councilor Carter to suspend the rules and read the title only of R-2, R-3 and O-1 - O-9. Upon voice vote, the voting was unanimous. City Attomey read the Resolution. Councilor Robinson moved, seconded by Councilor McClendon to approve the Resolution. After lengthy discussion, a roll call vote was held. AYES: Robinson, Pulliaum, Coleman, McClendon, Mondy, and Carter NAYS: Catt, Taylor Holt and Tyrone The Resolution was approved and was assigned number 1936. R-3 A Resolution of the City Council of West Memphis, Arkansas authorizing the Mayor of West Memphis, Arkansas, to apply for a grant on behalf of the office of Economic Development. City Attomey Peeples read the Resolution. Councilor Tyrone moved, seconded by Councilor Taylor to approve. Mayor Johnson gave a brief explanation to the general public that this Resolution was required to apply for a grant for a study to determine the level of contributions city's and county's are going to be able to make to economic development prospects. Before the state will fund, they require counties and cities to also contribute. The grant is a 100% grant for $20,000. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1937. O-1 An Ordinance waiving competitive bidding for consulting services for the City of West Memphis and West Memphis Economic Development to be provided by Gaskil Strategies, LLC, and for other purposes City Attorney Peeples read the Ordinance forthe FIRST time. Councilor McClendon moved, seconded by Councilor Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. O-2 An Ordinance waiving competitive bidding for consulting services and advertising and promotion for the City of West Memphis and the West Memphis Economic Development to be provided by Red Deluxe, LLC, and for other purposes City Attomey Peeples read the Ordinance for the FIRST time. Councilor McClendon moved, seconded by Councilor Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. O-3 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 for other purposes City Attomey Peeples read the Ordinance for the FIRST time. Councilor McClendon moved, seconded by Councilor Robinson to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. O-4 An Ordinance waiving competitive bidding for aerial spraying, ground spraying, and other mosquito control efforts, and for other purposes City Attomey Peeples read the Ordinance for the FIRST time. Councilor Pulliaum moved, seconded by Councilor Taylor to suspend the rules and place the Ordinance on its second reading. Roll call vote: AYES: Robinson, Catt, Pulliaum, Taylor, McClendon, Mondy, Holt, Tyrone, and Carter NAYS: Coleman The motion carried. City Attomey Peeples read the Ordinance for the SECOND time. O-5 An Ordinance to waive competitive bidding for the purchase of motor fuel, and other purposes City Attomey Peeples read the Ordinance for the FIRST time. Councilor Robinson moved, seconded by Councilor Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. Councilor Robinson moved, seconded by Councilor Pulliaum to further suspend the rules and place the ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the THIRD and FINAL time. Councilor Pulliaum moved, seconded by Councilor Tyrone to adopt the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2237. O-6 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. Councilor Pulliaum moved, seconded by Councilor Robinson to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. O-7 An Ordinance to waive competitive bidding on professional accounting services, and for other purposes City Attomey Peeples read the Ordinance for the FIRST time. Councilor Gatt moved, seconded by Councilor Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. O-8 An Ordinance tv waive competitive bidding for economic development services, approving a contract 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. Councilor Robinson moved, seconded by Councilor Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attomey Peeples read the Ordinance for the SECOND time. Councilor McClendon moved, seconded by Councilor Pulliaum to add Ordinance O-9 to the agenda. Upon voice vote, the voting was unanimous. O-9 An Ordinance approving the hiring of Kevin Catt and Custom Flooring for water removal and repairs to flooring and carpets at the West Memphis District Court, declaring an emergency and for other purposes City Attomey Peeples read the Ordinance for the first time. Councilor Tyrone moved, seconded by Councilor Pulliaum to suspend the rules and place the ordinance on the second reading. Upon voice vote, the voting was unanimous. Councilor Catt abstained from the vote. City Attomey Peeples read the Ordinance for the SECOND time. Councilor Pulliaum moved, seconded by Councilor Tyrone to further suspend the rules and place the Ordinance on the third reading. Upon voice vote, the voting was unanimous. Councilor Catt abstained from the vote. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Pulliaum moved, seconded by Councilor Taylor to approve the Ordinance. Upon voice vote, the voting was unanimous. Councilor Catt abstained from the vote. Councilor Robinson moved, seconded by Councilor Taylor to adopt the emergency clause, section 2. Upon voice vote, the voting was unanimous. Councilor Catt abstained from the vote. The Ordinance and its emergency clause, section 2 was adopted and assigned No. 2238. PERMISSION REQUESTS Councilor Robinson made a motion, seconded by Councilor Taylor to give permission to pay Arkansas Municipal League Worker's Compensation Trust $208,392.40. Upon voice vote, the voting was unanimous. Councilor Taylor made a motion, seconded by Councilor Carter to give permission to pay Arkansas Municipal League $112,640.82 for Membership and Legal Defense Program. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion, seconded by Councilor Tyrone to give permission to transfer up to $4,500 of Community Development Block Grant funds to be used to pay the Director of the Neighborhood Center. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Utility Commission -Councilor Tyrone reported Commissioners were updated on environmental upgrades at the White Bluff Coal Plant and on the Bond Issue. A letter from EPA addressed to the Arkansas Department of Environmental Quality states that emission standards are not stringent enough and not to enforce the permit, therefore the plant upgrades are on hold. ADEQ originally gave the utility until 2013 to comply, but now Federal standards to not exist and we are waiting on the Federal standards. The money with the Bond Issue has to be spent in five years, and the utility are consulting with the Bond Counsel and the Bond Company to see what our options are with the money. The money isn't tied to this one project. Advertising & Promotion Commission -Councilor Taylor reported they heard a report from staff on the recent events held at the Auditorium and the Civic Center. They approved a $10,000 payment to promote the 6A basketball tournament to be held in March for the second year in row. Councilor Robinson asked that Christmas lighting be considered next season at the Neighborhood Center or Hightower Park. She is to submit a letter to the Commission requesting a little something for their consideration next holiday season. Airport Commission -Councilor Robinson reported the Airport Mowing and Cultivation Map is being updated by airport engineer Stacey Moms and should be completed in time to include in the mowing contract bid. The Commission approved the City Attorney prosecute a delinquent account. She also reported that Aircraft Recovery & Maintenance, LLC has been recruited for Hangar 1. ANNOUNCEMENTS Councilor McClendon asked everyone to keep the people of Haiti in their prayers and donate what you can. He also said that West Memphis could be in the same situation being that we are on the New Madrid Fault Line and encouraged everyone to support our local disaster relief provider, the Good Neighbor Center. He said that he was going to make a contribution to them and asked everyone to support them and take food to their pantry and make a monetary donation to support them also. Mayor Johnson announced there would be no Business after Hours tonight. Councilor Taylor announced the Public Hearings for the Community Development Block Grant funds will be January 25th at 5:00 and February 8th at 5:00. She said this will begin the 5 year planning process. CITIZENS REQUESTS Lawrence Brown - 614 Rainer Road - He thanked the City Council for passing the Resolution supporting the National Healthcare Reform. He also thanked Councilor McClendon for sponsoring the Resolution and thanked the Councilmen in his ward, Ward 2, Councilman Carter and Councilman Pulliaum for their support. He said he hopes that we can begin to address serious issues such as adopting aline-item budget and police brutality. He issued a challenge for a serious debate to Police Chief Paudert, Asst. Chief Allen and Evening Times Editor Mike Coulter. Shabaka Africa - 812 E. Broadway - He said over 20 years ago he chaired an organized effort at redistricting Crittenden County after the 1990 Census. He said it is now pleasant to look at the City Council and see a better representation of our citizens and this makes him feel good about him and the late Reginald Robinson's work. However, government works best when there is rational and logical agitation from its citizenry. He said the discussion about healthcare, even though it was largely symbolic, was a healthy discussion and he appreciated those who supported it, and respected the opinion and the right of those who differed because that is what we have in a free and open democracy. He thanked Councilman McClendon and wanted him to know he supports him and thousands of others do too. Councilor McClendon said that he, Councilman Mondy, Councilman Pulliaum and Mayor Johnson attended a Dr. Martin Luther King Jr. Commission on Non Violence Youth Summit at the Holiday Inn this morning. He said they had great speakers and it was a very good thing for the youth in West Memphis. He thanked Mayor Johnson for inviting them to West Memphis and welcoming them. He commended them on their first non violent youth summit. Mayor Johnson said one of the great speakers was a nine year old. Having no further business to come before the City Council, Councilor Taylor moved, seconded by Councilor Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:12 p.m. PASSED and APPROVED this day of February, 2010. WILLIAM H. JOHNSO ,MAYOR ATTEST: ~F! ly ARA, CITY CLERK Minutes prepared by Cindy Greenwood, CMC, Senior Deputy City Clerk ~ ~ ~~ ~ s ~ ~ ~ o n ~ ` ~ ~ ~ ~ o ~ ~ ~ Q ~ ~~ Q ~ ~ o ~ o . ~ ~ -~ ~~ .~ ~ ~ ~ o ~. ~~ ~, ~ ~ ~ o _ .~ .~ ~ ~, ~ ~ _. ~ ~ ~ ~. ~ ~ ~' N ~, ~ \ ~ ~ ~ ~' !: ~ ~ ~ ? ~ ~ ~ ~ '-.~ ~~'' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ap ~' ~ '~ ~ ~ ~ ~ ~ C~ ~ O ~ ~ ~ ~ ~ , ~ ~ ~ D v v x 0 c 3 ca c~ s ~• ~^ !"~` !'rt` ~^ 0 1