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December 19, 2002MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 19, 2002 A regular meeting of West Memphis City Council was held on December 19, 2002 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor William Johnson presided. Mayor William Johnson called the meeting to order at 1:30 p.m. Pastor David Moose of Rosewood United Methodist Church, 2303 E. Barton Avenue, West Memphis, Arkansas gave prayer. City Clerk Phillip Para called the roll. Those present were: Mayor William Johnson, City Attorney David Peeples, City Treasurer Frank Martin, Councilor James Holt, Councilor Harold Thomas, Councilor James Pulliaum, Councilor Lorraine Robinson, Councilor Tracy Catt, Councilor Dr. Chester Peeples, Councilor Al Felton and Councilor Rev. Herman Coleman. Absent: Councilor Gheric Bruce and Councilor Hubert Bass. Mayor Johnson declared a quorum present and proceeded with the agenda BID OPENINGS Bids for Public Works -Broadway Revitalization Phase IV - Brawley Engineers were opened at 1:00 p.m. and copies of the tabulation sheet were given to the City Council. Councilor James Pulliaum moved seconded by Councilor Tracy Catt to accept the bids and refer to Administration for final disposition. Upon voice vote, the voting was unanimous. The motion. carried.. (See attached) Eddie Brawley went into a lengthy discussion about the Ozone. We are not up to standard. Early Action compact can bring us into attainment status. We have until December 31, 2002 to enter in Early Action compact. A letter of corporation from the County Judge in Marion, a letter from the Mayor of Marion, and a letter from the Mayor of West Memphis is what is needed to let them. know that we will cooperate with them. Tennessee recommended that we enter into this Early Action Compact. City Attorney David Peeples quoted that it was not a legal problem to just write a letter giving support to the County. Councilor James Pulliaum moved seconded by Councilor Dr. Chester Peeples to approve. Upon voice vote, the voting was unanimous. MINUTES Councilor Dr. Chester Peeples moved seconded by Councilor Tracy Catt to approve the minutes of December 5, 2002 as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS Trinity Trailer Sales Services VS. West Memphis Utilities- The City Council voted. to table this matter until the December 19, 2002 Council Meeting and also requested they get a map of the area to review. City Attorney David Peeples explained to the City Council what options they have to make a decision from. Those options were to uphold what the Utility Commission did, Over Rule what the Utility Commission did, or modify what the Utility Commission did or do nothing. I suppose doing nothing would not be a course of conduct that you would want. You would want to dispose of it one way or the other. Councilor Dr. Chester Peeples moved seconded by Councilor Harold Thomas to uphold what the Utility Commission did. Councilor Rev. Herman Coleman discussed that he looked over his information. carefully and he did not agree that they were at fault. He stated that he commend our Utility Department for taking a strong stand to keep things under control for our city. Councilor James Pulliaum was interested in what was going on because he was not at the December 5, 2002 meeting when. the presentation was presented by Trinity Trailer Sales Service. City Attorney David Peeples explained to Councilor James Pulliaum that Trinity Trailers was appealing a decision that was made by the Utility Commission to charge them for some samples that were taken and the results revealed no harm had been done and his client does not feel they should bare the burden of the $2095.00 cost of the samples taken. Mr. Elton Rieves from Trinity Trailers stated for Councilor Pulliaum's benefit the result from the lab show that they were in complaince. This drainage problem caused water to backup on our property and there were several similar chemicals found upstream. We did not call for the test and we do not feel that we should be access at least for all of the expense for the test. Councilor Dr. Chester Peeples moved seconded by Councilor Harold Thomas to uphold the Utility Commission. Roll call vote was held on the motion. AYES: Councilor James Holt, Councilor Harold Thomas, Councilor Lorraine Robinson, and Councilor Dr. Chester Peeples. NOES: Councilor Tracy Catt, Councilor Al Felton, and. Councilor Rev. Herman Coleman. PASSED: Councilor James Pulliaum. The motion to uphold the Utility Commission FAILED. Councilor Tracy Catt did not feel that the Utility Commission proved there point. He faults all three businesses for not controlling their water to be it can drain properly. He mention that there was an Ordinance on the book that stated that you would retain your water on your property until our system can. accept it. He mention that if this problem occurred in the future that he suggest that all three businesses be fined and they could fight it out amongst each other. City Attorney David Peeples stated the vote speaks for itself. NEW BUSINESS Councilor Dr. Chester Peeples moved seconded by Councilor Lorraine Robinson to read title only for the following Resolution. Upon voice vote, the voting was unanimous. R-1 A Resolution certifying the amounts of Liens imposed on certain properties for grass cutting contracted by the City of West Memphis pursuant to Ordinance 1385. City Clerk Phillip Para read the Resolution. Councilor Dr. Chester Peeples moved seconded by Councilor Tracy Catt to approve. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1757. Councilor Al Felton moved seconded by Councilor Lorraine Robinson to add 3 Resolutions to the Agenda. Upon voice vote, the voting was unanimous. A Resolution commending Tracy Catt for his service on the West Memphis City Council. City Attorney David Peeples read the Resolution. Councilor James Pulliaum moved seconded by Councilor Dr. Chester Peeples to approve. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1.758. A Resolution commending Hubert Bass for his service on the West Memphis City Council. City Attorney David ,Peeples read the Resolution. Councilor James Pulliaum moved seconded by Councilor Al Felton to approve. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1759. A Resolution commendin~,~. C. W. Peeples for his service on the West Memphis City Council. City Attorney David Peep-1'es mad the Resolution. Councilor Rev. Herman Coleman moved seconded by Councilor Al Felton to approve. Upon voice vote, the voting was unanimous. The Resolution was assigned No. 1.760. PEItNIISSIO~T ~?~EST Mayor William H. Johnson asked permission to sign contract between the City~of West Memphis and Sorrell consulting erlginee~-s for Bettis Street dram-.and met improvements. Councilor Lorraine Robinson mov+~d ttrfcl`ed by Councilor erm~~oleman to approve. Upon voice vote, the voting was unar~ithous. Mayor William H. Johnson ached permission to pay Tayler Made A~ribulances $65,305.00. Councilor Al Felton moved s~corided by Councilor James Holt to approve. Upon voice vote, the votir~-was unanimous. Mayor William H. Johnson asked. permission to pay APAC of Tennessee $310,642.59 for the 2002 Asphalt overlay program. Councilor Al Felton moved seconded by Councilor James Holt to approve. Councilor Rev. Herman Coleman had concerns about 19th, 20th and 21St Streets. He did not agree to pay APAC for the 2002 Asphalt overlay program. Councilor Lorraine Robinson wanted to know how we are going to rectify the problem. Roll call vote was held on the motion. AYES: Councilor James Holt, Councilor Harold Thomas, Councilor Tracy Catt, and Councilor Al Felton. NOES: Councilor James Pulliaum, Councilor Lorraine Robinson, Councilor Dr. Chester Peeples, and Councilor Rev. Herman Coleman. The motion to pay for the 2002 Asphalt Overlay Program FAILED until further discussion. CONIlVIITTEE REPORTS Councilor Tracy Catt stated that the Insurance Committee met about increase in insurance cost. They have several more meetings scheduled to discuss the cost of insurance cost. Councilor Lorraine Robinson. stated the Airport Commission met this morning the highlights of the meeting were the deterioration of Hangar 1 & 2 and also inadequate lighting in Hangar 2. She also thanked. everyone that participated in helping with the sidewalks in front of Weaver School. Councilor Rev. Herman Coleman stated the Personnel Committee met and discussed a 3% raise possibly 2% and allow l % to go into Retirement Pension. We also talked about the pay period being changed from 15th & 30th to BI-weekly. There was not enough. support so we decided to leave the pay period like it is. ANNOUNCEMENTS Mayor William H. Johnson stated that Councilor Lorraine Robinson was named the Lion Club Communitarian of the year on December 17, 2002. Mayor William H. Johnson stated that all West Memphis elected officials will be sworn into office on Wednesday, January 1, 2003 at 10:00 a.m. at the City Hall Council Chambers. ~r Please call Dorothy Wallace by December 30th to let her know how many friends and family will be coming to the ceremony. There being no further business to come before the City Council, Councilor James Pulliaum moved seconded by Councilor Al Felton to adjourn. Motion carried unanimously. Meeting adjourn at 2.20 p. m. PASSED and APPROVED this oZ~ day of , 200 ir.~- / K WILLIAM H. JOHN N, MAYOR ATTEST: PHIL ,CITY CLERK Minutes prepared by: } -1. ~ ~(.J~-~ Ti D. L ckland, Jr. Deputy Clerk