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March 7, 2002MINUTES WEST MEMPHIS CITY COUNCIL March 7, 2002 A regular meeting of the West Memphis City Council was held on March 7, 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 1:32 p.m. Reverend David Moose of Rosewood Methodist 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: Tracy Catt, Gheric Bruce, Dr. C. W. Peeples, A/ Felton, Hubert Bass, Herman Coleman, James Holt, Harold Thomas, James Pulliaum and Lorraine Robinson. Mayor Johnson declared a quorum present and proceeded with the agenda. Bids for West Memphis Utilities for area clearing out the power lines were opened at 1:00 p.m. Copies of the bid tabulation sheet were presented to the city council (copy attached). Councilor Catt moved, seconded by Coleman to refer the bids to Utility Commission. Upon voice vote, the voting was unanimous. CITIZENS REQUESTS Alderman Hubert Bass, 483 N. 28th Street -said that he represents Ward 4 ,position 2. and he was present to address the human and civil rights issue. Wendell King -President of the West Memphis Firefighters Association -present to ask for the council's support of the resolution to authorize a payroll deduction for member union dues on behalf of the West Memphis Firefighters Association. Thomas Malone -District Representative of the International Association of Firefighters. He stated there was an issue of whether the International Association of Firefighters is the organization for these people to belong to and responded by stating it is the only organization that represents the line, field firefighters and they represent over 250,000 firefighters. He stated there are no racial overtones in this union like there seems to be in this city. He stated the only issue today is to whether to allow union dues to be deducted from the members check. Alderman Bass asked if there were no racial overtones, then he wanted to know how the organization is handling a situation that happened at fire station number one. He passed out a picture of a hangman's noose that was hanging in the fire station and that this offended some black firefighters. Wendell King reported they had met last night and will meet again tonight and because of this organization, there will not be law suit and the matter is being dealt with. Mayor Johnson stated that this matter was a personnel matter and there is a thorough investigation going on. MINUTES City Attorney Peeples reported on page 2 of the minutes of February 7, 2002 there was an item listed twice. Councilor Peeples moved, seconded by Councilor Felton to approve the minutes of February 14, 2002 as corrected. Upon voice vote, the voting was unanimous. OLD BUSINESS 3rd reading of an Ordinance attaching and incorporating certain described annexed territory to Ward 5 of the City of West Memphis and for other purposes. Councilor Felton moved, seconded by Councilor Robinson to table until the next meeting. Upon voice vote, the voting was unanimous. 3rd reading of an Ordinance granting a special use permit in a CV, Conservation District, located in the jurisdiction boundary, to allow an adult care facility, at 283 Hinkley Road, Crittenden County Arkansas. City Attorney Peeples read the Ordinance for the Third and FINAL time. Councilor Catt moved, seconded by Peeples to approve. Upon voice vote, the voting was unanimous. The ordinance was adopted and assigned No. 2020. 3rd reading of an Ordinance for the adoption of the National Electric Code, 2002 Edition, providing penalties for violations of such regulation. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Catt moved, seconded by Thomas to approve. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2021. 3rd reading of an Ordinance to amend the Personnel Manual of the City of West Memphis to provide city employees the right of appeal of termination of employment to the West Memphis City Council and for other purposes. City Attorney Peeples read the Ordinance for the THIRD and FINAL time. Councilor Pulliaum moved, seconded by Councilor Bruce to approve. Lengthy discussion was held. Councilor Catt asked the sponsors of the ordinance to amend adding that the Personnel Committee be asked to sit in on the appeal process with the mayor. The sponsors expressed that they did not wish to amend. Discussion continued. Roll call vote: AYES: Bruce, Felton, Bass, Coleman, Pulliaum and Robinson NAYS: Catt, Peeples, Holt and Thomas The motion carried. The ordinance was assigned No. 2022. 2nd reading of an Ordinance to amend Section 6.20.210 of the West Memphis Municipal Code regarding the penalty for violating the anti-litter ordinance and for other purposes. City Attorney Peeples read the Ordinance for the SECOND time. Felton moved, seconded by Robinson to 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. Felton moved, seconded by Robinson to approve. Upon voice vote, the voting was unanimous. The ordinance was assigned No. 2023. R-1 A Resolution to authorize a payroll deduction for the payment of union dues on behalf of members of the West Memphis Fire Fighters Association. (tabled 3-7-02) City Attorney Peeples read the Resolution. Coleman moved, seconded by Pulliaum to approve. Discussion. Roll call vote was as follows: AYES: Bruce, Felton, Bass, Coleman, and Pulliaum NAYS: Catt, Peeples, Holt, Thomas and Robinson The motion FAILED. NEW BUSINESS Councilor Peeples moved, seconded by Catt to suspend the rules and the titles only be read of R-2, R-3 and R-4. Upon roll call vote, the voting was: AYES: Catt, Peeples, Felton, Coleman, Holt, Thomas and Robinson NAYS: Bass and Pulliaum Councilor Bruce refused the vote and was "present". The motion carried. R-2 A Resolution appointing Paul Luker as the city's local agent to oversee the hazard mitigation project on Auburn Streef. City Attorney Peeples read the Resolution. Councilor Peeples moved, seconded by Catt to approve. Lengthy discussion was held including concerns with this project interfering with the project currently going on in Ward 5. Paul Luker informed the council that this project would not affect the ongoing project and that it was a totally different program. He also said that they were only applying for this grant and it would be hard to secure. Lengthy discussion continued. Upon roll call vote, the voting was: AYES: Catt, Bruce, Peeples, Felton, Bass, Coleman, Holt, Thomas, Pulliaum and Robinson NAYS: None The Resolution was adopted and assigned No. 1735. R-3 A Resolution adopting a revitalization plan for the East Broadway corridor, West Memphis, Arkansas. City Attorney Peeples read the Resolution. Felton moved, seconded by Catt to approve. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1736. R-4 A Resolution to rescind or bar the West Memphis Police Department and any of its staff from any involvement concerning filing any complaint or petition with the State of Arkansas Judicial and Disability Commission or any other entity against the Arkansas State-Second Judicial District Circuit Court (Division Six (6) of Crittenden County, due to the frivolous nature of such complaint. City Attorney Peeples read the Resolution. Pulliaum moved, seconded by Felton to approve. Discussion was held. City Attorney Peeples was asked to explain the situation. He said that a petition was filed by a member of the WMPD with the Judicial Discipline and Disability Commission regarding action taken by a circuit court judge in the setting of bail bonds for an individual arrested by WMPD. Councilor Bass moved, seconded by Pulliaum to table indefinitely. Upon voice vote, the voting was unanimous. Mayor Johnson announced that he had vetoed ordinance 2018 and the veto and reasons for the veto were included in the packets. Mayor Johnson was asked to read his reasons for the veto. Discussion was then held. Councilor Felton moved, seconded by Bruce to over-ride the veto of ordinance 2018. Discussion continued. Roll call vote to over-ride the veto was: AYES: Bruce, Felton, Bass, Coleman and Pulliaum NAYS: Catt, Peeples, Holt, Thomas and Robinson The motion FAILED. PERMISSION REQUESTS Peeples moved, seconded by Robinson to give permission to pay OMI $54,659.16 for the month of March. Upon voice vote, the voting was unanimous. Catt moved, seconded by Coleman to give permission to distribute the mayor's and city council's share of the dog track funds as follows: Tracy Catt $1,101.07 to Boy Scouts of America, Harold Thomas $500.00 to Boy Scouts of America and $966.00 to Sheltered Workshop, Mayor Johnson $400.00 to 8th Street Mission and $1,000.00 to Boy Scouts of America, Lorraine Robinson $365.53 to Wonder City Boys Club and $1,101.07 to 15th Street Childcare Development Center, James Holt 1/2 to Boys Club of West Memphis and 1/2 to Families in Transition, Herman Coleman $250.00 to Delta Neighborhood Action Council and $851.07 to Wonder City Boys Club, and C.W. Peeples requested all of his portion go to the Ralph Hamilton Scholarship Fund. Upon voice vote, the voting was unanimous. Catt moved, seconded by Felton to give permission to pay Township Builders $156,026.80 for Broadway Revitalization Phase Ill- Estimate #7. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Councilor Peeples reported Advertising & Promotion Commission met and discussed the building aging problems at the Civic Center which is primarily the roof leaking and air-conditioning and the heating system. Pay Magruder is working with them to correct the problems. They also welcomed the new Civic Center Manager Kimberly Hamilton. Councilor Catt reported the Insurance Committee will meet sometime between April 10th and 17th. Budget Committee will meet March 20th at noon and strongly asked everyone to attend that meeting to discuss increasing privilege license fees. ANNOUNCEMENTS Councilor Bass announced that anyone that would like a copy of the Human and Civil Rights Commission could get a copy by calling him at 733-0428. He said he would send them a copy of the ordinance he is proposing to the council. Mayor Johnson announced the house that was to be boarded up immediately had been torn down and only the slab remains. Having no further business to come before the City Council, Councilor Coleman moved, seconded by Councilor Robinson to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:55 p.m. PASSED and APPROVED this oZ ~ ~ day of March, 2002. .~ .L WILLIAM H. JOHNS ,MAYOR ATTEST: ------ - PHILLIP ,CITY CLERK Minutes prepared by: Cindy Green , Sr. Deputy Clerk __ _ _ _ WEST MEMPHIS UTILITY COMMISSION BID OPENING OF AREA CLEARING OUT THE POWER LINES AS MARKED IN BIDS SPECIFICATOINS 03-07-2002 • t NELSON TREE SERVICE, INC ~ y ~ ! J c DAYTON, OHIO ,r'~! o ~ ~ TREES INC. I ~~ HOUSTON, TEXAS ~~ S 1 ~ ~~,~,~ ASPLUNDH TREE EXPERT CO. ~ ~ ~' t `' S~z `" "' ~' ~ ~ 3 1 N. LITTLE ROCK, ARKANSAS rid , ~-- ~., M ; s s~ ~-~-~~ 3 ~ ;~..~-, ~ 2 ~5~.b~ ~ ~: