June 25, 2002MINUTES
WEST MEMPHIS CITY COUNCIL
JUNE 25, 2002
A regular meeting of the West Memphis City Council was held on June 25, 2002 at 1:30 p.m. in
the City Council Chambers at City Hatl, 205 S. Redding, West Memphis, Arkansas. Mayor
William H. Johnson presided.
Mayor Johnson called the meeting to order at 1:35 p.m. Sidney Runnels, Director of Economic
& Development announced that the City of West Memphis is celebrating it's 75th birthday this
year and in conjunction with this year's Freedom Fest held last Friday, a patriotic addition of
honoring our veterans. Mr. Runnels said he has had the honor of interviewing several veterans
who have fought in many different wars and they are being shown on the local cable channel. He
introduced Claude "Shorty" Steele, a veteran of the Korean War and is presently serving as
Crittenden County Veteran's Service Officer. Mr. Steele stated he assist's veterans with filling
out paperwork or admittance to the Veterans Hospital. His office is located in the basement of
the County Courthouse, his hours are 8:00 - 4:30 and his telephone number is 739-4148. Mayor
Johnson recognized Mr. Joe Pierce who is Commander of the local VFW. Sidney Runnels then
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, Tracy Catt, Gheric Bruce (late), Dr. C. W. Peeples, Al Felton,
Hubert Bass, Herman Coleman, and James Holt. Mayor Johnson declared a quorum present
and proceeded with the agenda.
BID OPENINGS
Bids for Fire Department -sixty-four turnout sets were opened at 1:00 p.m. and bid tabulation
sheets were presented to the City Council. Councilor Pulliaum moved, seconded by Thomas to
accept the bids and refer them to the Fire Commission for final disposition. Upon voice vote, the
voting was unanimous. (See attached)
Mayor Johnson read and presented a Proclamation to Kristen Redden, Miss Deaf Arkansas
proclaiming Tuesday, June 25th as "Kristen Redden Day".
CITIZENS REQUESTS
Hubert Bass -signed up for citizens requests but was not present at the time to speak.
MINUTES
Councilor Peeples moved, seconded by Councilor Robinson to dispense with the reading of the
minutes of June 6, 2002 and approve as submitted. Upon voice vote, the voting was
unanimous. The motion carried.
OLD BUSINESS
3rd reading of an Ordinance to amend the Personnel Manual of the City of West Memphis,
Arkansas and for other purposes.
City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Catt moved,
seconded by Peeples to approve. Upon voice vote, the voting was unanimous. The Ordinance
was adopted and assigned No. 2032.
2nd reading of an ordinance to establish a Municipal Civilian Review Commission to review
charges of alleged discrimination and civil rights violations within the city's public municipal
agencies.
City Attorney Peeples read the ordinance for the SECOND time.
2nd reading of an Ordinance to establish a Municipal Human and Civil Rights Commission t
encourage harmony among all city residents. The Human and Civil Rights Commission shall also
serve as an advisory commission to the West Memphis City Council and Mayor and to
investigate, inspect and review charges of alleged discrimination or human and civil rights
violations within the city's public municipal agencies and the provisions or distribution of any city
facilities, services, programs or amenities.
Councilor Catt moved, seconded by Councilor Thomas to amend the ordinance Section 1, Sub
Paragraph A to read instead of "shall consist of seven members" it be amended to read "The
Human and Civil Rights Commission shall consist of seven United States citizens as follows:
one Caucasian, one African American, one of Hispanic descent, one of Asian descent, one of
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Indian descent, one of Native American descent, and one who is physically challenged".
(Alderman Bruce arrived) Upon roll call vote, the voting was:
AYES: Thomas, Robinson, Catt, Peeples, Felton, and Holt
NAYS: Pulliaum, Bass and Coleman
Alderman Bruce voted as "present". The motion carried.
City Attorney Peeples read the Ordinance for the SECOND time as amended.
NEW BUSINESS
Councilor Peeples moved, seconded by Catt to suspend the rules and the titles only be read of
R-1. Upon voice vote the voting was unanimous. The motion carried.
R-1 A Resolution authorizing the removal of a lien for grass cutting services performed by the
City of West Memphis.
City Attorney Peeples read the Resolution. Catt moved, seconded by Peeples to approve. Upon
voice vote of the council the voting was unanimous to approve. The Resolution was adopted
and assigned No. 1744.
Catt moved, seconded by Holt to strike R-2 and R-3 from the agenda. Upon roll call vote, the
voting was:
AYES: Thomas, Catt, Peeples and Holt
NAYS: Pulliaum, Robinson, Bruce, Felton, Bass and Coleman
The motion FAILED.
Robinson moved, seconded by Pulliaum that before Resolution R-2 and R-3 are discussed to go
into executive session to discuss, since they deal with personnel policy. Mayor Johnson asked
for an opinion from the City Attorney. City Attorney Peeples stated that there has been no action
taken on the resolutions yet, therefore discussion in regard to the resolutions would not be
appropriate until a motion and a second is made. Mr. Peeples also stated that the Resolutions
as presented are contrary to the established policy's and procedures of the City of West
Memphis for dealing with personnel issues as such they are improper in the form in which they
are presented and should not be adopted. Alderman Bass read an opinion from the Attorney
General received 6/19/02. Mr. Bass read two questions he submitted to the Attorney General
#1: "May the City Council of a city of the first class terminate the employment of city employees,
non department heads?" #2: "lf the cities personnel manual does not address the issue of City
Council authority to terminate non department head employees, may the City Council pass a
resolution by two-thirds vote to terminate an employee?" The opinion was as follows: "Unless a
municipality has a Civil Service Commission and the employee in question is covered by the
commission the answer is yes." Mr. Bass stated they are the governing body and they have the
authority.
R-2 A Resolution to terminate the employment of "Firefighter" Chip Heard from the West
Memphis Fire Department due to several violations of the "City of West Memphis Fire
Department Procedural Guidelines for Efficient Operations Manual" and for other purposes.
City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Robinson to
go into executive session to discuss Resolution R-2 and R-3 dealing with personnel matters.
Upon voice vote, the voting was unanimous. Mayor Johnson asked City Attorney Peeples who
all is allowed in the executive session. Mr. Peeples said that the firefighters who are subject to
this matter are allowed, their immediate supervisors, and members of this governing body are
the only ones allowed. The meeting adjourned into executive session at 2:00 p.m.
Mayor Johnson called the meeting back to order at 2:45 p.m.
Councilor Pulliaum moved, seconded by Robinson to table R-2 until the July 11th City Council
meeting. Upon roll call vote, the voting was:
AYES: Pulliaum, Robinson, Bruce, and Coleman
NAYS: Thomas, Catt, Peeples, Bass, and Holt '
Councilor Felton voted as "present". The motion to table FAILED.
Councilor Catt moved, seconded by Councilor Holt to table R-2 indefinitely. Upon roll call vote,
the voting was:
AYES: Thomas, Pulliaum, Robinson, Catt, Peeples, Felton, Coleman and Holt
NAYS: Bass
Councilor Bruce voted as "present. The motion to table indefinitely carried.
Councilor Thomas moved, seconded by Councilor Peeples to table R-3 indefinitely. Upon roll call
vote, the voting was:
AYES: Thomas, Pulliaum, Robinson, Catt, Peeples, Felton, Coleman and Holt
NAYS: Bass
Councilor Bruce voted as "present". The motion to table indefinitely carried.
PERMISSION REQUESTS
Peeples moved, seconded by Thomas to give permission to pay OMI $54,659.16 for the month
of July, to pay Arkansas Municipal League $110,085.24 for workers compensation for the months
of July -December, and to pay Ford of West Memphis $79,536 for four police cars. Upon voice
vote, the voting was unanimous.
Peeples moved, seconded by Holt to give permission for Frank Martin to sign an investment
agreement with Morgan Keegan, to give approval for engineering contract for (1) AAction Mulch-
ADEA Project No. EIF 200127 and (2) Guaranty Loan/Infinity - ADEA Project No. EIF 200213,
permission to pay Township Builders $69,928.26 for Broadway Revitalization Phase III and
permission to pay Freeland and Lemm Construction for South 9th Street in the amount of
$62,322.29. Councilor Pulliaum asked if this was the final payment. Mayor Johnson stated it was
the final payment of Broadway Revitalization but not for S. 9th Street. Upon voice vote, the
voting was unanimous
COMMITTEE REPORTS
James Holt reported Personnel Committee met and discussed sick day policy changes and
funeral benefits.
Harold Thomas reported Utility Commission met and awarded bids.
Lorraine Robinson reported the Airport fuel sales were up due to the Tyson -Lewis fight held in
Memphis.
Tracy Catt reported the Insurance Committee met and discussed combining doctor referrals as
one office visit. Catt also moved, seconded by Felton to approve the budget change request for
West Memphis Police Department -Narcotics. Upon voice vote, the voting was unanimous.
(See attached)
ANNOUNCEMENTS
Lorraine Robinson reminded everyone there is a new ordinance pertaining to fireworks
regulations this coming 4th of July.
C. W. Peeples reported the Freedom Fest and celebration of West Memphis 75th anniversary
held at Tilden Rogers Park held last Friday had the greatest attendance ever.
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 3:15 p. m.
PASSED and APPROVED this ~ l ~ day of July, 2002.
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WILLIAM H. JOHNSO A R
ATTEST:
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PHILLIP P CLERK
Minutes prepared by:
Cindy Greenw d, Sr. Deputy Clerk
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205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500
CITY OF WEST MEMPHIS
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An Equal Oppostunity Employs
Request For Budget Change
City Of West Memphis
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HO WOULD EXPENDITURE BE FUNDED?
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APPROVED: ~- -~
CHAIF~MAN.-BUDGET COMM. DATE x MAYOR DATE
I DISAPPROVED:
CHAIRMAN -BUDGET COMM. DATE MAYOR DATE
REMARKS:
1. VNHITE -Accounting 2. PINK -Department 3. YELLOW -Committee Minutes