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05/27/2010MINUTES WEST MEMPHIS CITY COUNCIL May 27, 2010 A rescheduled regular meeting of the West Memphis City Council was held on Thursday, May 27, 2010, at 1:30 p.m. in the City Council Chambers at City Hall, 205 South Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:35 p.m. Invocation was given by Rev. Gary Hair, Calvary Baptist Church. Rhonda Standridge, Jr. Deputy City Clerk, called the roll. Those present were: Mayor Wi//iam H. Johnson, City Attorney David Peep/es, City Treasurer Frank Martin and Counci/ors, Taz Tyrone, Phi//ip Carter, Lorraine Robinson, Tracy Catt, James Pul/iaum, Ramona Tay/or, Marco McC/endon, Wi/lis Monday and James Ho/t. Absent. Counci/or Herman Co%man. Quorum being present, Mayor Johnson proceeded with the meeting. Brief Moment of Silence BID OPENING MINUTES Councilor Robinson moved, seconded by Councilor Mondy to dispense with the reading of the minutes of May 6, 2010, and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS O-1 An Ordinance to amend the West Memphis Land Subdivision and Development Code in regards to fire hydrants. City Attorney Peeples read the ordinance for the SECOND time. Councilor Tyrone made a motion to suspend the rules and place it on its third and final reading. Motion was seconded by Councilor Catt. Upon voice vote the motion was unanimous. City Attorney Peeples read the ordinance for the THIRD and FINAL time. Councilor Catt explained that this ordinance was to correct a small flaw in the existing ordinance to be sure that fire hydrants are placed within 1000' of any improvements on undeveloped land. Councilor Catt moved, seconded by Councilor Robinson to approve. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2248. NEW BUSINESS Councilor Robinson made a motion to read the items in new business by title only, motion was seconded by Councilor Pulliaum. Upon voice vote, the voting was unanimous. O-1 An Ordinance waiving competitive bidding to replace a 24° sewer main and repair manhole at Jefferson Avenue and Woods Street. City Attorney Peeples read the ordinance for the FIRST time. Councilor Pulliaum made a motion to suspend the rules and place it on its second reading. Motion was seconded by Councilor Taylor. Upon voice vote the motion was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Councilor Taylor made a motion to suspend the rules and place it on its third and final reading. Motion was seconded by Councilor Holt. Upon voice vote the motion was unanimous. City Attorney Peeples read the ordinance for the THIRD and FINAL time. Mayor Johnson explained that this is to repair a sinkhole located adjacent to a sewer treatment plant before the sewer pump station was affected. Councilor Taylor moved, seconded by Councilor Catt to approve. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2249. O-2 An Ordinance requiring all contractors, carpenters, workmen, repairmen, etc. who offer services for the construction, reconstruction, remodeling and roofing work in the City Of West Memphis, Arkansas, to meet certain criteria before being authorized to perform work in the City. City Attorney Peeples read the Ordinance for the FIRST time. Mayor Johnson suggested a work session be scheduled to discuss this ordinance. Councilor Pulliaum suggested that contractors get involved in the work session. O-3 An Ordinance waiving competitive bidding for repairs of flooded ultra violet units at the sewer treatment plant, declaring an emergency. City Attorney Peeples read the ordinance for the FIRST time. Councilor Tyrone made a motion to suspend the rules and place it on its second reading. Motion was seconded by Councilor Holt. Upon voice vote the motion was unanimous. City Attorney Peeples read the ordinance for the SECOND time. Councilor Pulliaum made a motion to suspend the rules and place it on its third and final reading. Motion was seconded by Councilor Taylor. Upon voice vote the motion was unanimous. City Attorney Peeples read the ordinance for the THIRD and FINAL time. Mayor Johnson explained that this is to repair the ultra violet lights that were damaged during flooding. Councilor Taylor moved, seconded by Councilor Pulliaum to approve. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2250. Councilor Catt moved seconded by Councilor Taylor to pass the Emergency Clause Section 3. Upon voice vote motion passes. R-1 A Resolution approving a memorandum of understanding regarding the Arkansas HUD Entitlement Cities Consortium and contract for the City of West Memphis and other Arkansas cities to combine resources to conduct an analysis of impediments to fair housing choice and authorizing the Mayor to execute said documents. Councilor Pulliaum motioned, seconded by Councilor Taylor. Councilor Catt voiced his opposition on this ordinance. City Attorney Peeples explained that this was an evaluation of empediments by a third party. Overall cost is expected to be less than $7,000. Upon roll call vote, the motion passed. Resolution was assigned No. 1958. Ayes: Tyrone, Carter, Pulliaum, Taylor, Mondy, Holt Nays: Robinson, Catt, McClendon R-2 A Resolution approving the transfer of certain real properties from the City of West Memphis to the Good Neighbor Center for the use in the HOPE-3 Program and authorizing the Mayor and City Clerk to execute the deeds. Councilor Taylor moved, seconded by Councilor Mondy to approve the resolution. Mayor Johnson explained what the HOPE-3 Program was. Upon voice vote, the voting was unanimous." Resolution was assigned No. 1959. PERMISSION REQUESTS ~ ,# Mayor Johnson needs permission to sign a memorandum of understanding for a Justice Assistance Grant. The County will receive approximately $12,000 and the City will receive approximately $82,000. A public notice was run in the paper. Mayor Johnson opened a public hearing asking if anyone was present to speak on the subject. After hearing no one speak up, the Mayor closed the public hearing. Councilor Taylor made a motion to approve, motion was seconded by Councilor Robinson. Upon voice voting, motion was unanimous. Mayor Johnson asked permission to sign a contract with Brawley Consulting Engineers, Inc. for engineering services for the Martin Luther King Jr. Dr. -West (Southland Drive) Project -Job No. 110530. This project is funded 80% by the Metropolitan Planning Association and 20% by the West Memphis Street Department. The City is also responsible for the preliminary engineering fees. This project is estimated at 1,500,000. Councilor Robinson made a motion to approve, motion was seconded by Councilor Taylor. Upon voice voting, motion was unanimous. COMMITTEE REPORTS A & P Commission- Councilor Taylor reported that City Planning Director, Paul Luker came to speak to the Commission about the opportunities for enhancement grants through the Arkansas Highway Department. The Commission agreed to pay for a study for enhancements at various overpasses in the City. Uti/ity Commission- Councilor Tyrone reported that bids were rewarded on the Rehab of Sewage Pump Station #9. The commission also discussed the repairs on the collapsed sewer pipe on Woods and the flood damaged UV System at the Sewage Treatment Plant both jobs were emergency situations. The UV System cost repairs were turned into FEMA for reimbursement. Airport Commission- Councilor Robinson reported that Santek had requested a letter of support for a landfill expansion. After discussing the Commission agreed to deny the request. The minimum standard policy was updated at the meeting. Park Commission -Councilor Holt reported on the many tournaments being held at Tilden Rodgers Park, bringing in visitors from Tennessee, Mississippi and surrounding counties in Arkansas. Concessions has taken in $27,099.88, Field Rentals $3150.00 and Pavillion Rentals $850.00. A restricted smoking policy at Tilden Rodgers Park was also discussed. He congratulated the High School Baseball and Softball teams for going to State. He also announced two upcoming events being held at the Park. On June 4th, Relay for Life will be having an event and on June 5th the 40th Annual Fishing Rodeo will be at the Park. ANNOUNCEMENTS City Treasurer Martin asked for permission to shred 2004 financial records. Councilor Tyrone was appointed to observe the shredding. Councilor Taylor moved, seconded by Councilor Mondy to approve. Upon voice vote, the voting was unanimous. The following distributions were made from Charity Days' funds from Southland Racing. Taz Tyrone- Boy Scouts-$100; Girl Scouts $ 100; Boys and Girls Club $100; 8th Street Mission $100; MainStreet $100; Familes in Transition $100; St Michael's Church $283.04; Crittenden Regional Hospital Foundation $200 Lorraine Robinson - made a change to her previous distributions. She is changing the donation to the Roberta Jackson Neighborhood Center for $200 to the 8th Street Mission. Councilor Taylor made a motion to accept the distributions as presented, motion was seconded by Councilor Mondy. Upon voice vote motion was unanimous. City Engineer Phillip Sorrell spoke on the status of FEMA and flooding. He wanted everyone to know that we received notification from the Arkansas Department of Emergency Management that the Governor has declared ten counties a disaster area and is offering assistance to the victims. Flyers have been distributed throughout the affected areas as well as the Post Office and grocery stores. Flyers can also be picked up at City Hall. Councilor 3 Tyrone asked about whether or not businesses could apply. Mr. Sorrell said that he believes that there is a provision for low or no interest loans for businesses. Mr. Sorrell reported that we have not received an official notification from FEMA that we were denied assistance. The request had to go through the County to the Governor, so our contact would be with the county. CITIZENS REQUESTS Before closing the Mayor wanted to express condolences and sympathy to the families of the two officers that lost their lives this past week. Having no further business to come before the City Council, Councilor Taylor moved, seconded by Councilor Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:05 p.m. PASSED and APPROVED this ~ rdt- day of June, 2010. l / !~~ WILLIAM H. JOHNS91 ,MAYOR ATTES PHILLI R, CITY CLERK Minutes prepared by Rhonda Standridge, Jr. Deputy City Clerk Memorandum of Understanding The State Of Arkansas County of Crittenden Know By All These Present Agreement Between The City of West Memphis, Arkansas and County Of Crittenden, Arkansas 2010 Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this Day of , 2010, by and between The County of Crittenden, acting by and through its governing body, the Crittenden County Quorum Court, hereinafter referred to as County, and The City of West Memphis, acting by and through its governing body, the City Council, hereinafter referred to as City, both of Crittenden County, State of Arkansas, witnesseth: Whereas, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and Whereas, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and Whereas, the City agrees to provide the County $12,016 from the JAG award for the 2010 Crittenden County JAG Equipment and Technology Grant Program, and, Whereas, the City and County believe it to be in their best interests to allocate the Jag Funds as originally formula based in that the City is to be awarded $80,152 and the County is to be awarded $12,016. The total amount to be received by both City and County is to be $92,168. Page 1 of 3 NOW THEREFORE, THE COUNTY AND CITY AGREE AS FOLLOWS: SECTION 1. City agrees to pay County a total of $12,016 of JAG funds. The City shall receive $80,152 in JAG funds for its own 2010 West Memphis Police Department JAG Equipment and Technology Grant Program. SECTION 2. County Agrees to use $12,016 for the 2010 JAG Equipment and Technology Grant Program until , 2014. SECTION 3. Nothing in the performance of this Agreement shall impose any liability for claims against Crittenden County other than claims for which liability maybe imposed. SECTION 4. Nothing in the performance of this Agreement shall impose any liability for claims against City of West Memphis other than claims for which liability maybe imposed. SECTION 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. SECTION 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this agreement. SECTION 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 SECTION 8. Each party to this Agreement agrees to use said funds in due regard to the rules as set forth in the application as to the proper purchases and use of funds in the instructions to the "2010 Byrne Justice Assistance Grant (JAG) Program Award." City of West Memphis, Arkansas City Mayor County of Crittenden, Arkansas County Judge Attest: Approved as to Form City Att e Attest County Clerk *By law, the City Attorney's Office may only advise or approve contracts or legal documents on behalf of its client. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 3 of 3