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April 19, 2001MINUTES WEST MEMPHIS CITY COUNCIL APRIL 19, 2001 A regular meeting of the West Memphis City Council was held on April 19, 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 1:40 p.m. Reverend Herman Coleman 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: Harold Thomas, James Pulliaum, Lorraine Robinson, Gheric Bruce, Al Felton, Hubert Bass, Herman Coleman and James Holt. Absent: Councilors Tracy Catt and Dr. C. W. Peeples. Mayor Johnson declared a quorum was present and proceeded with the agenda. BID OPENINGS 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 Thomas moved, seconded by Councilor Coleman 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 Geraldine Barlow - 326 S. 16th-addressed the City Council regarding her high utility and gas bills. She wanted to know why they are so high and how to get help. Mayor Johnson said he had talked to West Memphis Utilities and they were working with Ms. Barlow, she has been making payments and assured him they were not going to cut her off. Alan Weysinger - 725 Pleasant Woods, Marion, AR -employee of Schneider Truck Lines at 800 N. Airport Rd. He was present to request a variance to allow a parking lot sale at Schneider the first Saturday in May to raise funds for the American Cancer Society Relay For Life. Deputy Clerk Cindy Greenwood advised the current ordinance specifies yard sales are to be in residential areas only. Pulliaum moved, seconded by Felton to grant a variance and allow the sate. Upon voice vote, the voting was unanimous. Raymond Shields -Came before the City Council as President of the Delta Neighborhood Action Council with concerns of citizens of West Memphis being burdened with high utility bills. He asked that we make sure the meters are being read and are fair. He asked these issues be addressed on a serious basis. He stated they had over three hundred signatures of people burdened with high utility bills. Mayor Johnson stated he would refer this to the Utility Commission. Daniel Cates - 401 Balfour -Requested an extension of 90 days to clean up his property. Bids were opened today for the city to have it done. After discussion, Thomas moved, seconded by Pulliaum to allow an extension until May 17, 2001 and if a significant improvement has not been made to the property at 401 Balfour the city will proceed with the clean up as bid. Planning & Development to determine whether or not significant progress has been made. Upon voice vote, the voting was unanimous. MINUTES Councilor Bass moved, seconded by Councilor Robinson to approve the minutes of April 5, 2001 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd 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 THIRD AND FINAL TIME. Thomas moved, seconded by Holt to approve. Lengthy discussion was held. Robinson stated she could not vote for the ordinance because that area is already blighted and she felt like a truck and trailer business would depreciate the property. Pulliaum agreed. Felton addressed the applicant concerning them moving in trailers on the property without council approval and told him the unsightly green drapery they put up is a total eyesore. Roll call vote was as follows: AYES: None NAYS: Thomas, Pulliaum, Robinson, Bruce, Felton, Bass, Coleman and Holt The motion FAILED. 3rd reading of an ordinance waiving competitive bidding for the purchase of five hundred 90- gallon sanitation carts. City Attorney Peeples read the Ordinance for the third and final time. Robinson moved, seconded by Coleman to approve. Felton asked the Chairman of Public Works Committee, Councilor Coleman, what the resolution was that came out of the meeting regarding curbside service on that end of town. Councilor Coleman stated their consensus was to buy the containers but not go permanent in that area and keep operating on a pilot basis. Councilor Felton stated the ordinance would need amending stating that. Councilor Felton also said the council agreed to operate the first area on a 90 day trial basis and then an ordinance was adopted making the service permanent. Now, the second trial area has been done and he did not agree with having a permanent curb side service in one area of the city and backyard service in other parts of the city. Councilor Coleman moved, seconded by Holt to amend the ordinance replacing the word "permanent" to "temporary". Upon roll call vote, the voting was: AYES: Thomas, Pulliaum, Robinson, Felton, Bass, Coleman, and Holt NAYS: Bruce The motion carried. Discussion continued. Robinson reported that Mr. Moten, Sanitation Supt. reported to the Public Works Committee the people in the two pilot program areas really liked the curbside program and wanted it to continue. She also said if we take the carts away, the people will be upset. Felton said the people were aware it was a pilot program for 90 days and until we decide to make it a permanent program, the carts should be cleaned up and sent back. Coleman moved, seconded by Robinson to approve the ordinance as amended. Bruce stated the program has worked well in the areas it is in, but there are a lot of issues that need to be looked at. Felton stated he felt we don't need to spend the $29,000 making it curbside in another area until Public Works makes a recommendation to the City Council to go curbside in all areas of West Memphis. Councilor Thomas stated he felt it should be felt up to the Aldermen in their wards because where they wanted the pilot programs, it is working well in those wards. However not all the wards want it. Upon roll call vote, the voting was: AYES: Thomas, Robinson, Coleman, and Holt NAYS: Bruce, Felton, and Bass Councilor Pulliaum abstained from the vote. The motion FAILED. The carts are to be cleaned up and sent back. NEW BUSINESS R 1 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. Pulliaum moved, seconded by Coleman to table until May 17, 2001. Upon voice vote, the voting was unanimous. Pulliaum moved, seconded by Thomas to add O-1 to the agenda. Upon voice vote, the voting was unanimous.. O-7 An ordinance to waive competitive bidding for the purchase of an electrical distribution line from Entergy, and for other purposes. Pulliaum moved, seconded by Felton to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the FIRST time. Felton moved, seconded by Holt to suspend the rules and the ordinance be placed on its second reading. Upon roll call vote, the voting was: AYES: Thomas, Pulliaum, Robinson, Bruce, Felton, Bass, and Holt NAYS: Coleman The motion carried. City Attorney Peeples read the Ordinance for the SECOND time. Councilor Pulliaum moved, seconded by Councilor Felton to further suspend the rules and the ordinance be placed on its third and final reading. Upon roll call vote, the voting was: AYES: Thomas, Pulliaum, Robinson, Bruce, Felton, Bass, Coleman and Holt NAYS: None The motion carved. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Felton moved, seconded by Pulliaum to approve. Upon voice vote, the voting was unanimous. The ordinance was approved and assigned No. 1984. PERMISSION REQUESTS Mayor Johnson asked City Attorney Peeples to explain the transfer agreement with FAA. City Attorney Peeples explained this was an agreement that has been pending before the Airport Commission from the FAA to the City of West Memphis concerning the tower structure that is on the airport property. The tower properly is currently held by the FAA pursuant to a lease agreement that the federal government can walk away from and abandon the property to the city or we can sign the agreement, either way the city will have to take it. The Airport Commission recommends the city sign the transfer agreement. Councilor Thomas moved, seconded by Felton to approve the signing of the transfer agreement. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Counei~r Robinson reported on several thing's going on at the airport and announced the ribbon cutting for the new terminal building will be next Thursday at 10:00 a.m. Councilor Pulliaum passed out changes in the Fire Department Policy and Procedures sections 17.13 through 17.16 and moved that the Mayor and City Council accept the changes as recommended. Felton seconded the motion. Lengthy discussion was held. Councilor Thomas asked City Attorney Peeples his opinion. City Attorney Peeples stated he just received a copy and had not had a chance to review it however, he asked if there were other changes other than the sections mentioned. Pulliaum stated not other that 17.13 - 17.16. City Attorney Peeples said Section 17.04 says an outside agency will administer the test and he thought that was different. He expressed concerns about it not being clear who would administer the tests. Councilor Holt asked when the new policy would be effective. Pulliaum stated it would be when the next test is given again which is in August. City Attorney Peeples stated from a legal stand point, when the next tests are given would be the safest route because you have some people who have already complied with the term for the promotional criteria that is in place now that extends until the next one is given. Councilor Bruce asked if the Fire Department gives regular reviews during the year. Mr. Dennis Brewer who is a firefighter that was in the audience stated they did not. Bruce stated he had a problem with points being taken away at promotion time, it should be done during an evaluation. Discussion continued. Councilor Robinson moved, seconded by Councilor Coleman to table this until they have time to study it more thoroughly. Upon roll call vote, the voting was: AYES: Thomas, Robinson, Felton, and Coleman NAYS: Pulliaum, Bruce, Bass and Holt The motion to table FAILED. Discussion continued. Pulliaum moved to amend his motion by adding these changes will go into effect in August when the next tests are given. City Attorney Peeples advised Mayor Johnson the proper procedure of adopting the changes should be in Resolution form. Pulliaum withdrew his motion and Felton withdrew his second. Pulliaum moved, seconded by Thomas to recommend to the Mayor the changes to tfie Policy and Procedures for the Fire Department and that the Mayor prepare a Resolution for the next agenda. Bruce recommended the part that says points are taken away be scratched. Mayor Johnson stated he would take that recommendation and visit with the Chairman of the Fire Commission about it. Upon voice vote, the voting was unanimous. Councilor Robinson asked people not to take their garbage to the curb on a holiday week. Councilor Thomas reported Utility Commission will meet the second Thursday at 8:30.a.m. Councilor Holt reported for the Park Commission that baseball season starts tonight. Councilor Coleman reported Fire Commission will meet the fourth Thursday at 12:00. Councilor Robinson recognized her three brothers in the audience. Councilor Felton asked Mayor Johnson to consider setting up a clean up week in West Memphis and allow the Sanitation Department to pick up anything residents take to the curb. He also suggested making the Saturday of that as a clean up day where civic groups can clean up all over the city and get sponsors to furnish bags. Mayor to schedule in May. Councilor Pulliaum suggested we contact the Governor and ask for help with this. ANNOUNCEMENTS Mayor Johnson announced the Chamber of Commerce has requested a meeting with elected officials and the business community to discuss the proposed sales tax increase and so they can discuss how desperately we need the sales tax money. The meeting is scheduled for May 1st at 6:30 p.m. in the Council Chambers. Councilor Felton moved, seconded by Councilor Robinson to adjourn. The motion carried. The meeting adjourned at 3:00 p.m. PASSED and APPROVED this ~~ day of May, 2001. ,~~ WILLIAM H. JOHNSO ,MAYOR ATTEST: PH ,CITY CLERK PL;4~91~791~G A~1~I3 D~MEL(3PA~91~7 D~~OLI~I~B~33 Bid ~ate:.~ riC19, 2001 .401 B~etfour Critchfie~d Demo. ~ Z,soo.oo Vilittiams Diesel $ 3,000.00 h 17.00 Tested positions will be for: Driver Lieutenant Captain 17.01 Promotional tests will be given once per year. Test scores will expire two years from date given. 17.02 To be eligible for any promotion to a higher position, you must meet requirements of eligibility as outlined in current job description for that position at time of promotion. 17.03 Test times and location of test site will be announced and posted at each station thirty days prior to test date. 17.04 Test will be designed and written by the Arkansas Fire Academy. An outside agency will administer the test. 17.05 Entry to the test site will be restricted after the scheduled test time. No one will be admitted after start time for any reason. Admirustenng Agency will determine official time. 17.06 Official posted test date will be the only time promotional test will be given. There will be no additional tests given, unless all parties fail. In such event, there will be a six-month period before another testis administered. 17.07 Calculators will be permitted for all tests. 17.08 Administering Agency may request identification. If requested, it must be produced, if not produced at time requested, you will not be admitted to test site. Once test starts, no one may exit room for any reason unless approved by ~" Administering Agency Representative. 17.09 Time limit will be two hours. 17.10 Any challenges to test questions must be filed in writing to the Administering Agency within 14 days of test date. Any challenges past 14 days will not be accepted. The Administering Agency will forward challenges to the Arkansas Fire Academy for determination and their determination will be final. E 17.11 There will be no review of tests past the initial 14-day period. 17.12 When leaving test site all scratch pads/paper/pencils will be turned in to the a Administering Agency Representative. j 1 ~..~ ~~ ...-...~ i ~, ~r i I 7.13 Passing score will be 70% on promotional exam. Any candidate with a score below 70% on the promotional exam will not be considered for promotion. 17.14 Scores of candidates will be evaluated by the following and a final score will be a compilation of these figures: • Test Score Actual test score will be awarded the candidate. A maximum of 100 points is available. • Seniority 1 point will be added for each complete year of service, up to maximum of 20 points. • Absences/Discipline 5 points will be deducted for each written reprimand or suspension within the last year of employment from the date of test. 1 point will be deducted for each absence event not excused by a doctor. An absence event is a separate occurrence of an absence. 17.15 Total available score possible is 120 points. 17.16 In case of a tie, the deciding factor will be the highest test score. 17.16 Candidates may take the promotional test yearly. The latest test score will be the score used. i 17.16 Candidate with highest accumulated point score will be promoted in order of scores. 2 MINUTES WEST MEMPHIS CITY COUNCIL APRIL 23, 2001 A special-called meeting of the West Memphis City Council was held on Monday, April 23, 2001 at 4:30 p.m. in the Mayor's Conference Room at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor William H. Johnson presided. Mayor Johnson called the meeting to order at 4:40 p.m. City Clerk Phillip Para called the roll. Those present were: Mayor Bill Johnson, City Clerk Phillip Para, City Attorney David Peeples, City Treasurer Frank Martin, Councilors: James Pulliaum, Lorraine Robinson (late), Tracy Catt, Gheric Bruce (late), Al Felton, Hubert Bass, Herman Coleman, James Holt, and Harold Thomas. Absent: Councilor C. W. Peeples. Mayor Johnson declared a quorum present and stated the reason for the special called meeting was at the request of Alderman Pulliaum to bring back before the council an ordinance waiving competitive bidding for the purchase of five hundred 90-gallon sanitation carts. City Attorney advised the ordinance presented is the same ordinance presented at the last council meeting which was amended at that meeting changing the wording from permanent to temporary service but failed on the third reading.. (Councilor Bruce arrived) Councilor Thomas moved, seconded by Councilor Coleman to suspend the rules and the title only be read. Upon voice vote, the voting was unanimous. Councilor Coleman moved, seconded by Councilor Catt to amend the ordinance changing the word permanent to temporary service. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the FIRST time as amended. Councilor Bruce moved, seconded by Councilor Thomas to suspend the rules and the ordinance be placed on its second reading. Upon voice vote, the voting was unanimous. City Attorney read the ordinance for the SECOND time. Councilor Bruce moved, seconded by Councilor Thomas 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 AND FINAL time. Councilor Catt moved, seconded by Thomas to approve the ordinance as amended. (Councilor Robinson arrived) Lengthy discussion was held regarding going curbside citywide. Upon roll call vote on the motion to adopt the ordinance as amended was as follows: AYES: Pulliaum, Robinson, Catt, Bruce, Felton, Bass, Coleman, Holt, and Thomas NAYS: None The motion carried. The ordinance was adopted and assigned No. 1985. Councilor Coleman moved, seconded by Councilor Catt to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 5:03 p.m. PASSED and APPROVED this ~3~ day of May, 2001. MAYOR WILLIAM H. JO SON ATTEST: PHILLIP PARA