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July 18, 2002MINUTES WEST MEMPHIS CITY COUNCIL JULY 18, 2002 A regular meeting of the West Memphis City Council was held on July 18, 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 1:35 p.m. City Treasurer Frank Martin offered prayer. Cindy Greenwood, Senior Deputy City Clerk called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, Cify Treasurer Frank Martin, Councilors: Lorraine Robinson, Tracy Catf, Gheric Bruce, Dr. C. W. Peeples, Al Felton, Hubert Bass, James Holt, Harold Thomas, and James Pulliaum. Absent: Councilor Herman Coleman and City Clerk Phillrp Para. Mayor Johnson declared a quorum present and proceeded v-nth the agenda. BID OPENINGS Bids for Planning & Development Demolition of 504-506 E. Broadway were opened at 1:00 p.m. and copies of the tabulation sheet were given to the City Council. Council Peeples moved seconded by Holt to accept the bids and refer to Planning & Development for final disposition. Upon voice vote, the voting was unanimous. The motion carried. (See attached) Bids for Public Works Department Demolition and Clearance of 332 S. 9th Street were opened at 1:00 and copies of the tabulation sheet were given to the City Council. Councilor Catt moved, seconded by Councilor Bruce to accept the bids and refer to Public Works Committee for disposition. Upon voice vote, the voting was unanimous. (See attached) Mayor Johnson asked that members of the Public Works Committee stay immediately following the council meeting to approve this bid so the work could get underway. Bids for State of Arkansas Department of Economic Development grant projects for Water Line Improvements AAction Mulch & Clement 8 Norfleet Industrial Park ADED Project No. EIF 200127 & 200213 and widening project of Kuhn Road ADED Project No. EIF 200213 were opened at 1:00 and copies of the tabulation sheet were given to the City Council. Councilor Felton moved, seconded by Councilor Thomas to accept the bids and refer to Economic Development for disposition. Upon voice vote, the voting was unanimous. (See attached) CITIZENS REQUESTS None MINUTES Councilor Robinson moved, seconded by Councilor Peeples to dispense with the reading of the minutes of July 11, 2002 and approve as submitted. Upon voice vote, the voting was unanimous. The motion carried. OLD BUSINESS None NEW BUSINESS Councilor Catt moved, seconded by Peeples to suspend the rules and R-1, R-2, R-3, and O-1 be read by title only. Upon voice vote, the voting was unanimous. R-1 A Resolution to approve the sale of certain real property to Riverbend Warehouse, LLC. and authorizing the mayor and city clerk to execute the quitclaim deed on behalf of the City of West Memphis. City Attorney Peeples read the Resolution. Pulliaum moved, seconded by Robinson to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1745. R-2 A Resolution for the purpose of recommending to the Mayor of West Memphis, Arkansas by the West Memphis Arkansas City Council, to terminate the employment of Fire Chief Fred Morris of the West Memphis Fire Department. The West Memphis City Council charges the West Memphis Arkansas Fire Chief with the defective performance of his duties in office which has resulted in "internal department unrest" due to the Fire Chief's malfeasance and nonfeasance in office as determined by the City Council of West Memphis, Arkansas. City Attorney Peeples read the Resolution. Councilor Pulliaum moved, seconded by Bass to approve. Councilor Thomas stated the employment and termination of the Fire Chief and Police Chief is strictly a prerogative of the mayor set by state statute and should not even be discussed on the floor and therefore moved to table the resolution indefinitely. Councilor Peeples seconded the motion. Upon roll call vote, the voting was: AYES: Catt, Peeples, Holt and Thomas NAYS: Robinson, Bruce, Felton, Bass and Pulliaum The motion to table FAILED. Discussion continued on the motion to approve the resolution. 2 Lengthy discussion was held in regards to the administration of the Fire Department. Councilor Bass stated Chip Heard, a fireman who recently resigned from the Fire Department was seen fighting a fire last weekend and used city equipment when he is no longer a City of West Memphis fireman. Roll call vote on the motion to approve was: AYES: Robinson, Bruce, Felton, Bass and Pulliaum NAYS: Catt, Peeples, Holt and Thomas The motion to approve FAILED. Councilor Robinson moved, seconded by Catt to approve a budget amendment, transfer of funds and payment in the amount of $134,170.00 which is in the form of a loan from West Memphis Utility to pay MATA Bus Service. Alderman Bruce asked when the funds would be paid back. Mayor Johnson stated it would be paid back in the next two to three years. Mayor Johnson said we have some income that we plan on applying to the loan and that it could take up to three years. Councilor Robinson asked that the council consider approving this because the MATA Bus Service is so important to our community. Councilor Felton requested a breakdown on the funds. Mayor Johnson stated we owe MATA $268,340.00 and the Arkansas Highway Department has agreed to put up $134,170.00. Mayor Johnson stated a majority of the council decided that they did not want to take the money from CDBG funds and this loan would be in lieu of using CDBG funds this year. Councilor Catt asked that the council look into earmarking CDBG funds next year for MATA Bus Service. Roll call vote was held on the motion to approve the transfer of funds: AYES: Robinson, Catt, Bruce, Peeples, Bass, Holt, Thomas, and Pulliaum NAYS: None Councilor Felton "passed" . The motion carried. R-4 A Resolution of the City Council of West Memphis, Arkansas, certifying local government endorsement of J.R. Simplot, Company to participate in the Advantage Arkansas Program (also known as the Arkansas Enterprise Zone Program -Act 947 of 1993 as amended) City Attorney Peeples read the Resolution. Pulliaum moved, seconded by Catt to approve. Upon voice vote, the voting was unanimous. The Resolution was adopted and assigned No. 1746. O-1 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 FIRST time. PERMISSION REQUESTS Mayor Johnson informed the council that Ernest English with Vector Disease Control and his associate was present to answer any questions they might have. There were no questions. Councilor Catt moved, seconded by Councilor Robinson to approve a budget amendment in the amount of $120,000 from Narcotics funds to pay the city's cost of the construction of the Police Department Firing Range. Upon voice vote, the voting was unanimous. The motion carried. Councilor Robinson moved, seconded by Councilor Catt to approve the changes to the West Memphis Policy and Procedures Manual. City Attorney Peeples stated several policy changes have been made and this would incorporate all the changes. An updated manual can be picked up at the Police Department. Upon voice vote, the voting was unanimous. APPOINTMENTS Mayor Johnson appointed Suzanne Sorrell and Estella Norris to the Library Board, subject to council approval. Councilor Peeples moved, seconded by Councilor Bruce to approve the appointments. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Catt to add the distribution of Southland Racing funds to the agenda. Upon voice vote, the voting was unanimous. Councilor Pulliaum moved, seconded by Robinson to distribute $119,121.35 from Southland equally between L.R. Jackson Girls Club, J.W. Rich Girls Club, Wonder City Boys Club and West Memphis Boys Club. Upon voice vote, the voting was unanimous. (Councilor Gheric Bruce abstained) Councilor Pulliaum stated in regard to the resolution today, he asked that an investigation be held regarding a fireman getting his vehicle scratched up while he was on duty and said that something needs to be done as soon as possible because things are getting out of hand. Councilor Thomas stated in regard to the resolution, he had no problem with the intent of the resolution when he moved that it be tabled, his concern was that if the majority wanted this done, that the group go to the mayor, one on one, and not conduct business like this on the floor of the City Council. 3 COMMITTEE REPORTS James Holt reported Public Works met July 16th and are soliciting bids for a new vacuum style street sweeper. The Sanitation Department's new chipper is in and will soon be in operation. The meeting time has been moved to the 2nd Thursday of the month at noon. The city got the go ahead to proceed with the buy-out project on Auburn and 18 houses have been qualified for the program. He reminded members that there will be a short meeting immediately following this council meeting to approve the bid. Councilor Robinson reported the Airport Commission met this morning and discussed the city has worked to clear up a drainage problem at the airport, a new courtesy vehicle has been purchased for $5,800.00. The field credit card system is in need of repair and needs to be replaced. Lee Catt Construction has completed the south terminal ramp reconstruction project. APAC has completed construction on the airfield pavement rehabilitation. Ramsey Construction has completed work on runway 17 obstruction removal. Councilor Bass stated the majority spoke today even though the resolution did not pass. He asked that an incident be investigated regarding Chip Heard, a fireman that recently resigned from the Fire Department being seen fighting a fire last weekend and using city equipment when he is no longer a City of West Memphis fireman. Mayor Johnson and City Attorney Peeples stated this was the first they had heard about it and he was sure the Fire Department administration would check into the matter. Councilor Catt announced there would be a Budget Committee meeting to go over 2nd Quarter reviews July 25th at noon. ANNOUNCEMENTS Frank Martin announced the West Memphis, Marion, and County Planning Commission's are to meet July 25th at 5:00 at the courthouse so they can all be on the same page together. Having no further business to come before the City Council, Councilor Catt moved, seconded by Councilor Robinson to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:15 p.m. PASSED and APPROVED this day of August, 2002. ~~ ~ ~ WILLIAM H. JOHNSON, AYOR ATTEST: .•~__~ PHILLi A, CITY CLERK Minutes prepared by: Cindy Gree ood, Sr. Deputy Clerk PL~J~I9~G s~D DE~NELOPM~91~7 D~SL(OLI7I091~BID Bid Date 9u~ I8, 2002 504-506 E. Broadway Critchfieid Demo. Williams Diesel ~~/ boa . av A. L. J. Contractors BID TABLTLATION SHEET kUHN ROAD WIDE~tING PROJECT ADED PROJECT NO. EIF 200213 tiVEST l~IE1~IPHIS, ARKAtiSAS BID DATE: i :00 P.Ni. -JULY 18, 2002 TOTAL A~'~iOUNT TOTAL AMOUNT TOTAL Al~IOU~'T CONTR~,CTOR BASE BID ALTERNATE BID BID (BASE BTD LESS ALT. B1D) 1 APAC-TENNESSEE ,~ l~1EMPHIS, TN ~ ~ ~ ~ s ~ ~ ~ ~ ~ J '~' ~ ,.J ~ 2 LEE CATT CONSTRUCTION CO. WEST MEMPffiS, AR ~` _ ~~ Sr ~ $'~ ! ~ ~ / ~ s-U ~ ` ! / r..--- r J ~ , 3 4 BID TABULATION SHEET WATER LINE IMPROVEMENTS AACTION MULCH & CLE~'IENT Sc NORFLEET PlDUSTRIAL P.4RI{ ADED PROJECT NO. EIF 200127 & 200213 WEST NtEVIPHIS, ARKAYSAS BID DATE: 1:00 P.bt. -JULY 18, 2002 CONTRACTOR AMOUNT BID 1 ARGO CONSTRUCTION CORP. / ? `~ s ~ ~ CORDOVA, TN 38018 ( ~ 2 B & B UTILITY CONTRACTORS AR 72364 N ~3 ~ ~ 8 s gay ~- , MARIO 3 C & D ENVIRONMENTAL SRVS. PARAGOULD, AR 72450 4 CRTTTCO CONSTRUCTION -H 173 96~ - Mnxiox, nx n36a 5 - DAVID CLINE CONSTR. C0. ~ ~ ~ BONO, AR 72416 _ . ,_ _. _ _ ~ O 7 7 7O 6 DUNEGAN & EXCAVATION ' g ~-=- ~ 6 Z I ~3 ESVII.LE; AR 72503 BAT , j 7 -- J & R CONTRACTING - PALESTINE, AR 72372 1,86.. g ~o 8 JACK NESLER CONSTR. WYNNE, AR 72396 9 OWENS CONSTRUCTION 'TN 38133 MEMPHIS ~l ~ ~8 9 ~ ~ , ~ 10 SCOTT CONTRACTORS Trr 3sios ME~~s .~ $ O l z3 ~ - --- , . -__-- - _ j __. _ - 11 _ . WATER & WASTEWATER - MARION AR 72364 = - ~/ i' ~ ~ ! 1 ~j 6 3 ~^ - Public Works Department Bld Tabulation Sheet for July 18, 2002 r Demolition and Clearance of 332 South 9`~ Street Bidder's Name Bid 1. S t~ c~ ~ ' $ 2. ~ ~ 3 ~~ D y -~-