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January 3, 2002MINUTES WEST MEMPHIS CITY COUNCIL JANUARY 3, 2002 A regular meeting of the West Memphis City Council was held on January 3, 2002 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 1:30 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 (late), Tracy Catt, Dr. C. W. Peeples, Al Felton, Hubert Bass, Herman Coleman and James Holt. Absent: Councilor Gheric Bruce. Mayor Johnson declared a quorum present and proceeded with the agenda. Bids for Sanitation Department dumpsters were opened at 1:00 p.m. and copies of the bid tabulation sheet (see attached) were presented to the city council. Councilor Peeples moved, seconded by Catt to refer the bids to Public Works Committee for final disposition. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS None MINUTES Councilor Pulliaum moved, seconded by Councilor Catt to approve the minutes of December 20, 2001 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd reading of an ordinance to redistrict the wards of the City of West Memphis, Arkansas, and for other purposes. Councilor Coleman moved, seconded by Councilor Holt to table the ordinance until the next City Council meeting. Upon voice vote, the voting was unanimous. NEW BUSINESS Councilor Pulliaum moved, seconded by Councilor Thomas to suspend the rules and the title only of R-1 be read. Upon voice vote, the voting was unanimous. R-1 A Resolution to establish the pay scale for the personnel of the West Memphis Police Department and the West Memphis Fire Department, and for other purposes. City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Coleman to table until the next City Council meeting. Upon roll call vote, the voting was: AYES: Pulliaum, Felton, and Coleman NAYS: Thomas, Catt, Peeples, Bass, and Holt The motion to table FAILED. Councilor Thomas moved, seconded by Catt to approve the Resolution. Discussion was held. Roll call vote was: YES: Thomas, Catt, Peeples and Holt NAYS: Pulliaum, Felton, Bass and Coleman Councilor Robinson arrived during the vote and when asked for her vote she passed. The motion to approve FAILED. R-2 A Resolution that shall allow and authorize city employees (non-department heads) the right of appeal of termination of employment by way of the West Memphis, Arkansas City Council. Councilor Bass asked the City Attorney's Office to correct the procedural problems with the resolution and meet the objective of the resolution. Councilor Bass moved, seconded by Pulliaum to table until the next City Council meeting until City Attorney Peeples can correct the resolution and put it in its proper form. Upon voice vote, the voting was unanimous. Approval of the 2002 budget was discussed. Due to the Resolution approving the pay scale for the fire and police departments failing, Councilor Catt expressed concern with approving 1/12th of the 2002 budget as presented with the amendments approved at the last meeting. Mayor Johnson stated a 4% cost of living raise for everyone except fire and police was included in the 2002 budget but not all police and fire department employees would be receiving a 4% cost of living increase and it would be difficult to program the computer to pay retroactive for just the fire and police department. Councilor Catt moved, seconded by Councilor Thomas to approve 1/12th of the 2002 budget which would include the 4% raise. Councilor Coleman stated he was not in favor of anything that the employees did not receive their raise and asked if they approved 1/12th of the 2001 budget, and at the next council meeting approved the 2002 budget could the raises not be given retroactive to January 1st. Mayor stated it would be difficult and asked Robert Gunter, Finance Director. Mr. Gunter stated with 400 employees being paid semi- monthly it would be difficult. Councilor Holt asked if the motion to approve 1/12th of the 2002 budget included raises for the police and fire department. Mayor Johnson said it would not until their pay scale was approved. Councilor Holt said that they asked the voters to approve a 1/2 cent sales tax to give police and fire a raise and now they killed it. Councilor Pulliaum stated they could give them the 4% now and then come back and make an adjustment later. Mayor Johnson stated that they could give everyone a 4% raise, but when you make the adjustment for the police and fire, someone might have to pay back some money. Discussion was held on how to bring back the failed resolution to the floor. City Attorney Peeples stated they would need a motion to set aside the decision of the police and fire department raises. Councilor Catt withdrew his motion to approve 1/12th of the 2002 budget. Councilor Peeples moved, seconded by Councilor Holt to rescind the decision of the pay scale for the police and fire department. Councilor Bass moved, seconded by Councilor Felton to table the motion to rescind the police and fire pay scale. Councilor Felton withdrew his second. The motion was withdrawn. Roll call vote was held on the motion to rescind. AYES: Thomas, Robinson, Catt, Peeples, Felton, Coleman, and Holt NAYS: None Councilors Pulliaum and Bass passed from voting. The motion carried. Councilor Holt moved, seconded by Councilor Thomas to approve R-1. Discussion was held. Councilor Pulliaum stated he agreed with the raises but did not agree with the Resolution. Roll call vote to approve was: AYES: Thomas, Robinson, Catt, Peeples, Coleman, and Holt NAYS: Pulliaum and Bass The motion carried. The Resolution was adopted and assigned No. 1727. Councilor Catt moved, seconded by Councilor Holt to approve 1/12th of the initial 2002 budget as presented with the proposed amendments approved last week and again today in the budget meeting. including a 4% raise for all city employees effective January 1st Councilor Catt advised the amendment was for the three individuals only that were previously approved at a budget meeting by seven aldermen. Roll call vote was as follows: AYES: Thomas, Robinson, Catt, Peeples, Coleman and Holt NAYS: None Councilors Pulliaum, Felton, and Bass abstained . The motion carried. See attachment for the approved amendments. PERMISSION REQUESTS Councilor Peeples moved, seconded by Councilor Thomas to give permission to pay Freeland & Lemm Construction Company $56,527.93 for South 9th Utility-Street Improvements -Phase II - permission request #3. Upon voice vote, the voting was unanimous. Councilor Catt moved, seconded by Councilor Holt to give permission to pay Wholesale Lighting $50,160.00. Upon voice vofe, the voting was unanimous. Councilor Catt moved, seconded by Councilor Robinson to add the distribution of funds from Southland Racing to the agenda. Upon voice vote, the voting was unanimous. Councilor Peeples moved, seconded by Councilor Catt to distribute $6,723.86 from Southland Racing to the Good Neighbor/Love Center. Upon voice vote the voting was unanimous. Councilor Felton asked Mayor Johnson for the information he requested regarding sanitation employees salary's. Mayor Johnson stated if he would tell Robert Gunter, Finance Director specifically what information he wanted he would see that he received it. COMMITTEE REPORTS Councilor Catt reported the next budget meeting would be next Thursday at noon in the Mayor's Conference Room. Insurance Committee will probably meet the third Wednesday of the month. Councilor Thomas reported the Utility Commission will meet next Thursday at 8:30 a.m. Councilor Coleman thanked the citizens of Ward 5 for their phone calls and support and for their vote of confidence. He also reported the Police Commission met January 2nd and discussed burglary problems, an incident with a citizen, and payment schedule for officers. Councilor Pulliaum stated in reference to the Resolution (R-1 ), he worked hard and was for the half cent sales tax increase so the police and firemen could get a raise, but he felt like the resolution was top heavy and the patrolmen need it, not the top administration. Councilor Bass stated he opposed the sales tax increase and he opposed the police department getting a raise at this point simply because he talked with the chief and feels like we should not reward a department that was abusive to our people, has less than 20% black officers with our community being 60% black and also the chief was to provide a racial profile policy and has yet to do that. Councilor Bass asked Councilor Coleman how the situation with Sandra Hepron was resolved. Councilor Coleman stated the chief put some procedural changes into effect that the officers were to abide by and stated he felt like the chief was giving an honest effort to alleviate that problem and was impressed with the attitude of the chief. Having no further business to come before the City Council, Councilor Holt moved, seconded by Councilor Coleman to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:05 p.m. PASSED and APPROVED this ~~~- day of January, 2002. WILLIAM H. JOHNSON, R ATTEST: PHILL ,CITY CLERK Minutes prepared by: Cindy Green , Sr. Deputy Clerk $ ~ ~' o r ~ ~ • ~/Q~ O Q C • ~ M1 • • `' ~- • ~ b0 d0 V s... ~ ~ ~ ti" L ~ . .~. j l N Lim .~. ~ ( }~~ v` ~ ~ ~ ~ ~ W~~ x ~ •= ~ U U U ~ ~ U U U _ ~ ~ U U U _~ ~ N fJ? O O +-~ ~ •- '~ .n ~ N O N O N O ~ U O N o U O 'Q U O U m N O (7 Z Ia, Z N ~ ~ r M c ~ ~~a ~ ~ , ~ °~ -- ~: ~ ~~ Q ~ L t ~ ILL. LLB. ~I ., v _ tQ -v i -v t.. -n L 'o ~ ~ C~ -v t~ -n C~ -n C~ -v CIT W W ~ m a~ ca ~, U ca ~, ~ as ~+ ~ a~ ~, U ~,, U ~., U ~ ~, U ~ U ~- v ~ U U U :n U U U ~ ,~ ~' CD '~ .~ m ~ . • ,' ~ ~ L ~_ V! ~ CV ~ ~ ~ ~ ~ p ~ 6R ~} ~ ~_ '~ ~ ~ `• S" Q~ i... •- ~ t~ ~7 ~ ~` L W ~ ~° {-- G 'C3 ~ Ri x ~ , ° "~ m v s .. u1 p ~ ~ ~ m L- ~ ~ s ~ m ~ -~ cUa -~ ~ -~ ~ a~ v ~ ~ U a~i ~ ~"' Ci o ~ ~ °~ ~ ~ -'Q o 0 0 ~ ° ° ° Q..ZN ~ Z O M V ~ Z Z ~~a~ ._ ~ o~ ~ J ~ ~ ~ M 'W ~ ~ ~ ~ L }~' O 0 ~ .G V ~ ~ W ~ W ~ N ~ ~ ~ T ~ ~' (~ ~ ~ ~ ~ T Q~ T U ~ U ~ U W ~ .~ ~ ~ C11 V -~ U ~ U '~ N (n U ~? 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