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06/03/2010MINUTES WEST MEMPHIS CITY COUNCIL JUNE 3, 2010 A regular meeting of the West Memphis City Coundl was held on Thursday, June 3, 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 1:30 p.m. Invocation was given by Rev. David Moose. Phillip Para, City Clerk, called the roll. Those present were: Mayor l~lliam H. Johnson, City Attorney David Peeples, and Councilors, Phillip Carter, Tracy Catt, James Pulliaum, Ramona Taylor, Herman Coleman, Marco McClendon, Willis Monday, James Holt, and Taz Tyrone. Absent: Councilor Lorraine Robinson. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENING West Memphis Utilities - SCADA Svstem Water Ucx~rade and a 2000 KVA Padmount Transformer Bids were opened at 1:00 p.m. and copies of the bid sheets were given to the council. Coundlor Taylor moved, seconded by Councilor Tyrone to accept the bids and refer to the UtilRy Commission for disposition. Motion carried by a unanimous vote. Fire Station No. 1.2010 Reroofing Bids were opened at 1:00 p.m. and copies of the tHd sheets were given to the council. Coundlor Taylor moved, seconded by Councilor Tyrone to accept the bids and refer to the Fire Commission for disposition. Motion carried by a unanimous vote. MINUTES Councilor Taylor moved, seconded by Councilor Mondy to dispense with the reading of the minutes of May 27, 2010, and approve them as submitted. Upon voice vote, the voting was unanimous. PROCLAMATION Mayor Johnson read a Proclamation prodaiming the month of June as National Home Ownership Month in West Memphis. Brenda Harris, F~cecutive Director of the Good Neighbor Center accepted the Prodamation. OLD BUSINESS 2"d Reading 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 pertorm work in the City. City Attorney Peeples read the Ordinance for the 2"d time. The City Council is to schedule a work session to discuss this orclinance before the next meeting, which will be three weeks from today. NEW BUSINESS Councilor Pulliaum made a motion to read the items in new business by title only, motion was seconded by Councilor Taylor. Upon voice vote, the voting was unanimous. O-1 An Ordinance granting a Special Use Permit for the property located at 620 South 16"' Street, allowing a home day care facility in a R-2 Residential District. City Attorney Peeples read the Ordinance for the FIRST time. O-2 An Ordinance granting a Special Use Permit for the property located at 2301 East Broadway, allowing an auction in a C-2, Commercial District. City Attorney Peeples read the ordinance for the FIRST time. R-1 A Resolution approving a license agreement between the City of West Memphis and Kentucky Data Link, Inc., to construct, install and maintain an above ground and underground fiber optic cable network in certain city right-of ways for the purpose of connecting the schools and facilities of the West Memphis School District City Attorney read the Resolution. Councilor Taylor moved, seconded by Councilor Catt to approve the Resolution. The motion carried by a unanimous vote. The Resolution was adopted and assigned No. 1960. PERMISSION REQUESTS Councilor Taylor moved, seconded by Councilor Catt to approve the Planning Commission Recommendations as presented. Motion carried by a unanimous vote. (See attached) COMMITTEE REPORTS Publ/c Works Committee -- Counalor Taylor reported they approved bids, discussed the flooding issue and asked that all dtizens to not put their grass clippings loose on the curbside. Flre Commissfon-Councilor Catt reported that the fire department received a grant from Homeland Security (through the County Emergency Management Agency) to purchase new extraction equipment. Counclor Catt thanked Ronnie Rogers, Director of the County Emergency Management. The oki equipment wilt be transferred to Station 3 for Engine 3 which covers the interstate. The City Shop is servicng the WMFD Army trucks after use in the recent flooding. Approximately 80 people were evacuated. A Command Center was set up at Station 1 to respond to the flooding. Two firefighters have been certified as Train the Trainers for rappelling. The WMFD participated in the Emergency Management System drill today at Crittenden Regional Hospital. EMS collections to date are $178,359. There were no dismissals, promotions, hiring's, or ctizens complaints for the last month. There was one suspension. Councilors Catt reported he and the Chief were working on hiring a consultant to develop a long range plan for building needs. ANNOUNCEMENTS Mayor Johnson announced that Fire Chief Eddie Spears was going to retire at the end of this month. Mayor Johnson said how much he appreciated his service to the City of West Memphis. ` hland Racin The following distributions were made from Chanty Days funds from Sout g James Pulliaum- Boy Scouts-$100; Wonder City Boys and Girls Club $200; LR Jackson Girls Club $200; Families in Transition $200; Grow 8 Show Garden Ctub $100.00; Northside Redevelopment Corp. $150.00; and the VFW $133.04 Tracy Catt -Families in Transition $1083.04 Councilor Taylor made a motion to accept the distributions as presented, motion was seconded by Councilor Coleman. Upon voice vote motion was unanimous. City Engineer Phillip Sorrell gave an update on the status of FEMA and flooding. He reported he had met with local representatives. To apply for assistance the following information is needed: Primary homeowners and renter's information, damage address, phone number, email address, type and date of damages and insurance information. He said to apply through the State Disaster Assistance Hotline at 888-683-2336. The hours of operation were Monday through Friday, 8:00 am - 4:00 pm. The application period was May 27 -June 10, 2010, excuding Memorial Day Monday, May 31~t. Councilor McClendon announced he and Councilor Robinson were hosting a Town Hall Meeting, Thursday June 10 at Maddox Elementary School at 6:30 p.m. He invited all City Officals and said one of the topics they were going to discuss was crime prevention and neighbofiood watch. He also announced there was to be a Funfair Carnival on June Stn at 2301 E. Broadway. CITIZENS REQUE Rev. S. J. Parker - 528 S. Stn Street -His church received a donation of some property and the property has a grass lien of approximately $872.00 attached. He said the lot is only a 25' lot and it is located at 607 S 12tH Street. He asked the councl to spare the Church this unnecessary burden and forgive the lien. Rev. David Moose - 824 Pryor - He said this would be his final visit as Pastor of Rosewood Methodist Church, but would still like to be involved in the community. He asked the City Council to let him know what he could to help the community. Councilor Coleman thanked Reverend Moose for all of his efforts. Having no further business to come before the City Council, Councilor Pulliaum moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:08 p.m. PASSED and APPROVED this a 3 ~ day of June, 2010. WILLIAM H. JOHN ,MAYOR ATTEST: ..--°'_ PHILLIP ARA, CITY CLERK Minutes prepared by Cindy Greenwood, Sr. Deputy City Clerk ' WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES Heading Rifle Policy Chapter Seven Effective Date 11/15/07 Section Five Issued Date 11/29/07 Number of pages Two Revision Approval West Memphis City Council Approved Date 11/15/07 PURPOSE: The purpose of this directive is to create guidelines and procedures for the specifications, qualification and deployment of the West Memphis Police Department Rifle. BACKGROUND: Nationwide, criminals are becoming increasingly violent and prone to use high power, high capacity assault weapons. To combat this threat, police departments are deploying rifles as a defensive tactical weapon. The assigned rifle will provide a greater ability to respond and react to this deadly threat. POLICY: Officers desiring to carry the carbine rifle must submit a request through their chain of command to the office of the Chief of Police for approval. Once approved, an officer must complete the Basic Carbine Rifle training course conducted by the West Memphis Police Department Training Division. Officers must have one year of service with the West Memphis Department and the officer must have scored at least 80% on their first attempt on their previous handgun 50 round qualification courses. A: Specifications of Rifle Carbine Rifles must be AR-15 style weapons, .223 caliber or 5.56 NAT0,16 inch barrels, and configured for semi-automatic use only. The rifle and all accessories must be black in color. • Officers desiring to carry a rifle must purchase only departmentally approved weapons. • Minimum trigger pull weight must be no less than 5.5 pounds. No set triggers or two stage triggers will be allowed. WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES The maximum magazine capacity is 30 rounds for the carbine rifle. All carbine rifle magazines will be loaded two rounds short of the maximum capacity of the magazine. Spare magazines will be carried in a bag, pocket, or on a belt when deployed. When the Officer deploys a bag or belt, it must not cover the uniform or the identifying police apparel so the Officer is readily identified as such. • All carbine rifles will be equipped with front and rear iron sights. An electronic sighting system must be approved by the West Memphis Police Department. The electronic sight must be mounted in such a manner that it allows fora "co-witnessing" sight picture when viewed through the iron sights. The sight picture shall be considered co-witnessing if the illuminated dot of the electronic sight is visible and appears positioned on the tip of the front sight when the shooter acquires a proper sight picture through the iron sight. This is required in case the electronic sight fails. No sights with magnification will be allowed on the weapon. Carbine Rifles transported in departmental vehicles must be locked in a rifle rack or stored in a case in the trunk of the vehicle. The interior trunk release must be disabled in order to store the carbine rifle in the trunk. In the case of a specialty vehicle with no trunk, the carbine rifle will be stored in a case in the rear of the vehicle and out of sight. B. Duty Location: While being stored in the vehicle, the weapon will be: 1. On "safe". 2. No round in the chamber 3. The bolt/dust cover closed 4. Loaded magazine inserted into the weapon No loaded rifles will be allowed in any police facility. In order to enter a facility, the rifle will be: 1. On "safe". 2. No round in the chamber 3. The bolt/dust cover locked open 4. No magazine will be in the weapon WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES C: Weapon Accessories: This is a list of the only accessories that are approved to mount on the Carbine Rifle. No laser systems will be allowed • Flashlight system (Required) • Forward grip • Adjustable stock • Night Sights • Charging Handle Extension • Sling (Required) • Battery Assist Device (B.A.D. lever) • Charging Handle Extension • Redimag systems No other accessories will be allowed without the approval of the West Memphis Police Department. Supervisors may carry previously owned department weapons with approval from the Chief of Police. D: Ammunition Only rounds approved by the West Memphis Police Department are permitted. Tracer, explosive, incendiary, orarmor-piercing ammunition are not permitted. The ammunition will be factory loaded. At no time will the Police Department rifles be used with reloaded or hand loaded ammunition. E: Training In order for a sworn member of the West Memphis Police Department to carry a carbine rifle, they must first attend the Basic Rifle Course conducted by the Training Division. Safety, proper technique and accuracy are the goals of the firearms training. Courses include both day and low-light shooting. This course will teach the following skills: 1. Safety 2. Policy 3. Nomenclature 4. Cleaning and Maintenance 5. Limitation of Weapon System 6. Failure Drills 7. Proficiency in shooting WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES The carbine rifle course of fire will have a specific time frame sufficient to simulate a stress situation, which causes the officer to apply fundamental concepts of safety, proper technique, and accuracy in firing and proficiency in reloading the firearm. The course of fire and the passing score will be determined by the Training Division with the approval of the Chief of Police. During any qualification, if anyone does not qualify, they will have the option of individual instruction from a firearms instructor. If after this instruction, they fail to qualify, they will be suspended from carrying a rifle and will be required to attend the Basic Rifle Course again should the Officer desire to carry the carbine rifle. A firearms instructor can recommend to the Chief of Police that an officer not be permitted to carry the carbine rifle because of lack of proficiency, even though the officer has qualified with it. All officers who carry the carbine rifle will be required to qualify two (2) times a year at the Firing Range. The Training Division will set qualification dates. Anyone who misses the set qualifications will contact the Training Officer and coordinate awake-up qualification. Once an Officer attends the carbine rifle school and meets the requirements to carry the rifle, the Training Division will send a memorandum to their Division Commander authorizing that officer to carry the rifle. This memorandum will include the authorized rifle that the officer is allowed to carry. If at anytime, an Officer fails to re-qualify or is not able to carry the carbine rifle for any other reason, the Training Division will notify the officer's Division Commander of the status change. F: Weapon Repair and Maintenance Guidelines All carbine rifles will be inspected semi-annually by an armorer or his designee. • Weapons determined unsafe or to have an unauthorized accessory by a departmental armorer will not be authorized for use in the performance of duty. • Weapons determined unsafe may be re-inspected at a later date by the same armorer if possible, and if found safe may be approved for use in the performance of duty. WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES G: Use of Weapon The carbine rifle is provided as an additional force option for officers when faced with incidents posing a higher degree of danger where along-range weapon or tactical weapon to meet comparable resistance is needed. The carbine rifle is provided as a supplement to the officer's primary weapon. a) Officers shall only deploy the carbine rifle in the following circumstances: 1. At the direction of a supervisor, or 2. When officers can clearly articulate the need for deploying the rifle. Examples of such situations may be but are not limited to: 3. The officer reasonably believes a suspect(s) maybe wearing protective body armor. 4. The officer reasonably believes a suspect(s) may be armed, or may have immediate access to ahigh-powered weapon or to a weapon that exceeds the capability/capacity of the officer's primary weapon. 5. An active shooter is in progress. 6. An armed barricaded suspect. Once SRT has arrived and the officer is relieved on the inner perimeter, the rifle will be secured. b) Use or display of the rifle for routine building searches, routine traffic stops or during any other routine police action is strictly prohibited. Violation of these guidelines may result in disciplinary action and prohibition from carrying the carbine rifle. c) Supervisors will monitor the deployment of the carbine rifle and will take appropriate actions where needed.