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April 5, 2001MINUTES WEST MEMPHIS CITY COUNCIL Apri15, 2001 A regular meeting of the West Memphis City Council was held on April 5, 2001 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. Reverend Jim Matson of First Christian Church offered prayer. Phillip Para, City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: James Holt, Harold Thomas, James Pulliaum, Lorraine Robinson, Tracy Catt, Gheric Bruce, Dr. C. W. Peeples, AI Felton, Hubert Bass, and Herman Coleman. Mayor Johnson declared a quorum was present and proceeded with the agenda. Mayor Johnson announced today was Student Government Day and we had thirty five students from West Memphis Senior High School and West Memphis Christian School participating. Sidney Runnels, Economic Development Director introduced each student and presented them with a certificate. Mr. Runnels expressed to the students that "teamwork + partnership =future. Mayor Johnson asked student "Mayor Sy Runnels" to read and present a Proclamation to Reverend Robert Nelson proclaiming the month of April, 2009 as "Fair Housing Month" in West Memphis. BID OPENINGS Bids for the West Memphis Police Department 20 portable radios and microphones were opened and tabulated at 1:00 p.m. with copies of the bids presented to the City Council. Councilor Peeples moved, seconded by Councilor Robinson to accept the bids and refer to the City Attorney first to check the legality of the Arkansas Preference Law and then to the Police Commission for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached bid tabulation) Bids for West Memphis Utilities for the construction of a 50' x 80' x 16'6" equipment shed were opened and tabulated at 1:00 p.m. with copies of the bids presented to the City Council. Councilor Pulliaum moved, seconded by Councilor Felton to accept the bids and refer to the Utility Commission for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached bid tabulation) Bids for West Memphis Broadway Revitalization (Phase lll) from 2nd Street west to 7th Street were opened and tabulated at 1:00 p.m. with copies of the bids presented to the City Council. Councilor Peeples moved, seconded by Councilor Felton to accept the bids and refer to the Main Street Board for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached bid tabulation) Bids for Planning and Development Demolition were opened and tabulated at 1:00 p.m. with copies of the bids presented to the City Council. Councilor Pulliaum moved, seconded by Councilor Robinson to accept the bids and refer to Planning and Development for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached) CITIZENS REQUESTS Mayor Johnson explained that during the Pre-Council session, the City Council agreed to give nine people on the demolition list an extension of approximately 30 days, until the May 3rd City Council meeting to make some progress on bring these houses up to code. if progress has been made at that time, the council will then consider extending their time. Councilor Pulliam moved, seconded by Councilor Robinson to refer the attached list of property owners to Planning and Development to evaluate the progress and bring back to the City Council at the May 3, 2001 City Council meeting. Upon voice vote, the voting was unanimous. Alan Higginbotham - 812 N. Roselawn - A firefighter for the City of West Memphis and a lieutenant as of 2 weeks ago. He expressed his extreme displeased feelings towards certain members of the Fire Commission and the manner in which they have been representing and supporting our fire department and our city. He said he has been a dedicated member of the department for the last 12 1/2 years and applied himself and strived 100% to the citizens of our city. He said he has worked hard to set goals, worked hard to achieve them while working hard helping others achieve their goals as well, including black and white firefighter and both male and females. He stated for the record, on the subject of promotions & politics, he passed the promotional exams five years in a roll and according to the candidates in the same position made the highest score four years in a row. He said he made these highest scores and watched as black people were promoted as well as whites and watched promotional policies changed in the middle of promotions and watched others promoted after still making the higher scores. He said under the present policy which was reviewed and approved by the Fire Commission effective June, 1999 that is said to be so discriminating towards blacks, two blacks have been promoted. He expressed he did not understand how the Fire Commission could now say that the policy and procedures are not fair to a certain individual of a certain race because they did not meet the criteria established, when at the same time other members of the same race are meeting that criteria and being promoted. He said he could not feel joy with his promotion because his first day of being a lieutenant, he read in the paper which said he was not deserving because he is white. He asked these certain members of the Fire Commission where does discrimination lie and asked them to listen to everyone's point of view. He pleaded to members of the Fire Commission to not look for white firefighters or black firefighters to lead the department, but to look for leaders. He said he was a member of a team, not a white team or a black team, but a team of courageous firefighters. For the record he also stated any policy the Fire Commission recommends, he can meet it and will exceed it. Councilor Bruce asked if everyone at the fire department has received fair and equal treatment. Mr. Higginbotham stated he has not seen any unfair treatment. Councilor Robinson asked if he was ever passed over. He stated no, he had made the highest test scores four years in a row. Councilor Bass asked if he had proof of this. He said if anyone made a higher score they have yet to reveal this to him. Councilor Bruce stated what he wants to see is fairness for everybody over there and there was an investigation he thinks the full council needs a copy of. Mayor Johnson stated he thinks we all support fairness and Lt. Higginbotham was the top qualifier and that is the reason he was promoted. Councilor Holt stated he felt the Fire Commissioners should visit the fire stations. He said he had and visited with both black and white firefighters and they expressed they thought the present policy is fair. Councilor Pulliaum stated as Chairman of the Fire Commission in reference to the comments made by Lt. Higginbotham he feels there are changes that need to be made in the fire department. The issues are not about him getting promoted, the issue is about the Fire Commission recommending no promotions be made until April 10th so they could redo the policy and procedures for the fire department and the promotions were made. MINUTES Councilor Pulliaum moved, seconded by Councilor Coleman to approve the minutes of March 15, 2001 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd reading of an ordinance providing for the levy of a one percent sales and use tax within the City of West Memphis, Arkansas; and prescribing other matters pertaining thereto. Catt moved, seconded by Pulliaum to table until the May 3rd, 2001 city council meeting. Upon voice vote, the voting was unanimous. 2nd reading of an Ordinance granting a special use permit in a C-2, Open Display Commercial District, permitting truck and trailer parking at 2509 East Broadway, West Memphis, Arkansas. City Attorney Peeples read the Ordinance for the SECOND TIME. 2nd reading of an Ordinance fo amend Section 2.30.030 of the West Memphis Municipal Code establishing term limits for the West Memphis Utility Commissioners, and for other purposes. Councilor Holt moved, seconded by Councilor Coleman to table the ordinance indefinitely. Upon voice vote, the voting was unanimous. NEW BUSINESS Catt moved, seconded by Pulliaum to suspend the rules and the title's only be read of R-1, R-2, R-3 and O-1. Upon voice vote, the voting was unanimous. R 1 A Resolution certifying the removal of litter, debris, and unsafe/unsightly structures from private property within the City of West Memphis. (3800 E. Broadway) City Attorney Peeples read R-1. Thomas moved, seconded by Pulliaum to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1690. R-2 A Resolution to rescind promotions made within the West Memphis Fire Department after February 27, 2009, and to suspend the current promotional policy for the West Memphis Fire Department until the Fire Commission sets in place a revised policy to be completed by April 90th, 2009. City Attorney Peeples read the Resolution. Councilor Bass moved, seconded by Councilor Pulliaum to amend the resolution deleting section 2. Lengthy discussion was held regarding the contradictory language of the remaining portion of the Resolution. Upon voice vote on the motion to amend, the voting was unanimous. Discussion continued on the language and the title of the Resolution. Bass moved, seconded by Bruce to amend the title to read " A resolution to suspend the current promotional policy for the West Memphis Fire Department until the Fire Commission recommends a revised policy. More discussion continued. Voice vote on the motion to amend passed by unanimous vote. City Attorney Peeples read the Resolution as amended. Discussion continued. The ques#ion was called. Roll calf vote to adopt as amended was as follows: AYES: Pulfiaum, Bruce, Fetton, Bass and Coleman NAYS: Holt, Thomas. Catt, and Peeples Councilor Robinson abstained from the vote. The motion FAILED. R-3 A Resolution to request the West Memphis School District to take action to bring all property north of the present West Memphis School District boundary and within the West Memphis City Limits within the West Memphis School District Councilor Pulliaum moved, seconded by Councilor Coleman to table until the next meeting. Upon voice vote, the voting was unanimous. O-7 An Ordinance waiving competitive bidding for the purchase of five hundred 90-gallon sanitation carts. City Attorney Peeples read the Ordinance for the FIRST time. Councilor Thomas moved, seconded by Councilor Catt to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Catt moved, seconded by Councilor Robinson to further suspend the rules and the Ordinance be placed on its third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the third time. Councilor Felton asked if this recommendation came from Public Works. Mayor Johnson stated it was. Felton stated this all started out on a trial basis and he had a problem buying the carts and until curbside is approved on a permanent basis. Felton requested the ordinance stand on its second reading so they will have some time to address some of the problems and study how to accomplish this. Mayor Johnson stated the invoice was to be paid by the 16th of this month and our next meeting will not be until the 19th. Councilor Holt moved, seconded by Councilor Pulliaum to table until the next meeting where it will be on its third and final reading. Upon voice vote, the voting was unanimous. Public Works to meet the third Tuesday at 4:00 p.m. PERMISSION REQUESTS None COMMITTEE REPORTS Councilor Pulliaum made some remarks in reference to the Fire Department. He said we do have injustices in the city and he ran for office to make the changes that need to be changed. He said we have a great fire department and we need to work together to have a great city. Councilor Robinson stated there will be a Neighborhood Watch Meeting tonight at the West Memphis Police Department Squad Room at 6:00 p.m. and the public is invited. The Manager of the gas company will be present to answer questions regarding high gas bills. She also clarified some issues of concern regarding comments she made at a council meeting about the fire department. She stated she abstained from the vote earlier because her husband is on the fire department. Councilor Catt reported Budget Committee Meeting is set for April 26th. Insurance Committee should have first quarter numbers by next week and a meeting will be called. APPOINTMENTS Mayor Johnson reported two resumes have been submitted for the Utility Commission vacancy, Mr. Carol Holden and Mr. Tee Holmes. Councilor Thomas moved, seconded by Councilor Catt to nominate Mr. Tee Holmes. (Councilor Robinson left the meeting) Roll call vote was as follows: AYES: Holt, Thomas, Cat and Peeples NAYS; Pulliaum, Bruce, Felton, Bass and Coleman The motion FAILED Councilor Coleman moved, seconded by Councilor Pulliaum to nominate Mr. Carl Holden. Upon roll call vote, the voting was: AYES: Pulfiaum, Bruce, Felton, Bass and Coleman NAYS: Holt, Thomas, Cat and Peeples The motion FAf LED Councilor Bass began making comments regarding another councilperson. Mayor Johnson ruled him out of order. Councilor Coleman moved, seconded by Councilor Thomas to adjourn. The motion carried. The meeting adjourned at 2:50 p.m. PASSED and APPROVED this -~~_' day of April, 2001. WILLIAM H. JOHNSON, AYOR ATTEST: ~_ PHIL ,CITY CLERK ~ *** ~~ w s O • • , , Y 4 M ~ '• ~~ M~M~KI~ o~ ~~ CI'~I~Y 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 CITY OF WEST MEMPHIS POLICE DEPARTMENT 20 PORTABLE RADIOS AND MICROPHONES BIDDER COMSERV LEADING EDGE WIRELESS 21ST CENTUREY WIRELESS APRIL 5, 2001 TOTAL ITEM NO. 1 ITEM N0.2 TOTAL S / .~ , ~~~ . ~ ~ $ la,a ~~. u~ $ 1,320 •y~ TOTALS < < r ~~~' ~~ ll 3°S~~' TOTALS I l~ ~ ~ ~ • ~ ~ ~ ~ Te ~ a~- , ~, S~~ ri~ An Equal Opportunity Employer West Memphis Broadway Revitalization (Phase III) Job No. 110339 Federal Aid Project STPE-ENHN{143) (ATEP-98) {S) West Memphis, Arkansas Bid opening April 5, 2001 1:00 p.m. ~- !, Nam & Address of Bidder Bea den ontracting orpo ation P.Ot Box 4545 Memphis TN 38134 Des to C unty Electric, Inc. 229 Nail Road Hor Lak i S , MS 38637 Tov~nshi Builders 111' Film re Little Ro k, AR 72205 Base Bid Deduct No. 1 Base Bid less Deduct No. 1 k " t " ~ ~: _ 1 ~ - Ci r ~ ~ G ~ ~ d _~ ~ ~ ~ ~_` ~ -~ -tn ~ C? -ti ,~. d ~- ~ t° '~ ~~ o~ CITIZENS ~ItEQIIEST WEST MEMPHIS CITY COUNCIL Apri15, X001 1. Benjamin Washington 2. Eugene Hulbert, Jr 3. Alfonz~. Washington 4. B. Sailes S . Eddie Lowe 6. Danny McGuire 7. Steve Lackey 8. Johnny LaBattes 9. Patricia Smothers 227-229 S 11 ~' a ~ l r 6 c ~~ '~ ~ ~ 1905 E Van Bauren ~--~ ° ~ S u ~ N e ~ ~~ ~, v~~ ~/r 4s~ 404 N 11 309 S 9 ,Br~~,vGd /~•~~,~ ~-;.v~oarr( ~'S~i 2401 E Jackson a..l ~ ~- ~-~a ~-~~ r~a~'k~ °~~ ~~ ~ c 725-729 S 8 ~ ~ j l1 ~ •. :... ycc~. ; r b~ ~ (~ o"s~ ,needs ~°` k 7 21 ~ ~^' 9 ~ . 13 S ro~F ,c> e~ dS crjo /' ~~~ ~ 4o8s9 ~~ 5,(~d 1904 E Hamson G~ sc. ~°~ ~! WEST MEMPHIS UTILITIES 50' X 80' X 16' 6" EQUIPMENT SHED 04-05-01 CSE, INC. 4061 E. BROADWAY WEST MEMPHIS, AR WOODS CONSTRUCTION, INC WEST MEMPHIS, AR FRANK A. ROGERS 8~ CO. WEST MEMPHIS, AR 35,~fa~.~o 37, ~~o, a~ 35 /8'S' ~O