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March 17, 2011MINUTES WEST MEMPHIS CITY COUNCIL MARCH 17, 2011 A regular meeting of the West Memphis City Council was held on Thursday, March 17, 2011 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:30 p.m. Invocation was given by Councilor Phillip Carter. Phillip Para, City Clerk, called the roll. Those present were: Mayor lMlliam H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin, and Councilors, Phillip Carter, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, Marco McClendon, Willis Mondy, James Holt and Taz Tyrone. Absent: Councilor Herman Coleman. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS Bids for GRASS CUTTING -Municipal Properties, Mid America Industrial Park and Airport and GRASS SPRAYING -Municipal Properties were opened at 1:00 p.m. and copies of the bid tally sheet were given to the City Council. Councilor Pulliaum made a motion, seconded by Councilor McClendon to accept the bids and refer the grass cutting bids for: Municipal properties and Mid America Industrial Park and the grass spraying bids for Municipal Properties to Administration and the Airport grass cutting bids to the Airport Commission for final disposition. Upon voice vote, the voting was unanimous. (See attached) MINUTES Councilor Pulliaum moved, seconded by Councilor Taylor to dispense with the reading of the minutes of March 3, 2011 City Council meeting, and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 3~d Reading AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 530 SOUTH 7T" STREET. ALLOWING A GROUP HOME FOR FOSTER CHILDREN IN A R-4, RESIDENTIAL DISTRICT City Attorney Peeples read the Ordinance for the third and final time. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve. Upon roll call vote, the voting was: AYES: None NAYS: Carter, Catt, Pulliaum, Taylor, Holt and Tyrone PASS: Robinson, McClendon, and Mondy The motion to approve FAILED. NEW BUSINESS Councilor Pulliaum made a motion, seconded by Councilor Taylor to suspend the rules and read the title only of O-1. Upon voice vote, the voting was unanimous. O-1 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF A NEW FIRE TRUCK City Attorney Peeples read the Ordinance for the first time. Councilor Taylor made a motion, seconded by Councilor Catt to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the second time. Councilor Taylor made a motion seconded by Councilor Catt to further suspend the rules and place the Ordinance on the third reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the third and final time. Councilor Taylor made a motion, seconded by Councilor Catt to approve. Discussion was held. Councilor McClendon asked where the money was coming from. Mayor Johnson said West Memphis Utility was financing the $275,000 for 1 % interest over what the current CD rates are. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2272. PERMISSION REQUESTS Councilor Catt made a motion, seconded by Councilor Taylor to amend page four of the Final Statement/Annual Action Plan for 2011 CDBG Funds adding the language "$20,000 in CDBG funds is expended" in place of the previous document which read "$20,000 is expended" and approve as amended. Upon voice vote, the voting was unanimous. (See attached) Councilor Taylor made a motion, seconded by Councilor Catt to approve the CDBG Five Year Consolidated Plan 2011 - 2016 as presented. Upon voice vote, the voting was unanimous. (See attached) Councilor Taylor made a motion, seconded by Councilor Catt to give permission to shred 2005 financial records with Alderman Carter to witness the destruction. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve a loan with Fidelity National Bank for $300,000.00 to purchase 10 police cars including cameras. The interest rate is 4% for three years with one annual payment. Mayor Johnson said we have eight police cars financed now and we will make the final payment on them this year and our first note for these ten will not be due until next year. Upon voice vote, the voting was unanimous. Councilor Pulliaum made a motion, seconded by Councilor Taylor to approve payment of $58,560.00 to Arkansas Municipal League for automobile insurance. Upon voice vote, the voting was unanimous. Southland Charity Dav Funds: Councilor McClendon - $326.20 to NAACP and $400.00 to Dears Low Income Tax Mayor Johnson - $400.00 to Centurions for Christ, $200.00 to Young Life, and $126.20 to Boy Scouts Councilor Taylor made a motion, seconded by Councilor Pulliaum to approve the allocations. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS A&P COMMISSION -Councilor Taylor said the staff reported on recent activities. She and Councilor Pulliaum complemented the staff and business owners who participated in the Governors Conference on Tourism. West Memphis will be hosting the conference next year. , FIRE COMMISSION - Councilor Catt said they approved and made a recommendation the City Council approve the purchase of the fire truck. He also reported they had been looking into purchasing a washing machine that would handle the turnouts and it was going to cost around $10,000. Valero in Memphis gave the WMFD one that was only two years old and in fantastic condition at no cost. He asked that if they had a opportunity to thank them to do so because they have been very kind to our fire department. We also received about $5,000 worth of hazmat material from the Pine Bluff Arsenal at no cost. We just had to go pick it up. AIRPORT COMMISSION- Councilor Robinson gave a report for February and March's meeting. Airport Engineer Stacey Morris reported AIP #22 (the design phase of Taxiway A rehabilitation) is on schedule for a March 28~h bid date. Work began on the drainage project on the west side of Hangar 1 last month. The Airport greatly appreciates City Engineer Phillip Sorrell working with Commissioner Mel Bearden on this project. McClelland Consulting Engineers will be providing an Independent Fee Review of consulting fees for the construction phase of the Taxiway Rehab Project. Fee reviews are an FAA requirement and eligible for reimbursement through the AIP grant. City Attorney Peeples advised that no response has been received from ADEQ regarding the city's opposition to expansion of the landfill. POLICE COMMISSION -Councilor Robinson reported they discussed the concerns with the police officers bringing out their assault rifles that are visible to the public during routine traffic stops. Chief Oakes explained that there were two separate policies with minor wording differences where one contained and one did not contain "routine traffic stops. The WMPD has been following the stricter of the two. However, after numerous complaints, WMPD has decided to allow the primary responding officer to signal the secondary officer if help and the rifle is needed. Chief Oakes said that proper procedure had been followed and that this change will take 2-3 weeks to implement. Chief Oakes said that trying to legislate police tactics is not good and said that the WMPD could come up with recommendations for policy specific changes that need to be made as to wording of barrel lengths and a few other items. These changes will be presented to the Police Commission for review and then passed on to the City Council. Chief Oakes reported the WMPD has lost federal funding for cleaning up meth labs. The average cost of a cleanup is $1,500 - $2,500. They are in the process of getting estimates from private companies and other avenues of paying for the cleanup. ANNOUNCEMENTS Councilor Robinson said she received a letter from a very concerned citizen regarding several complaints he had within the city. Councilor Mondy announced they are having a Town Hall meeting at City Hall on March 24t" at 6:00 p.m. He asked that the City Council and all citizens to attend. CITIZENS REQUESTS Shabaka Afrika -Crittenden County NAACP President - 812 E. Broadway -Announced that this Monday at the NAACP Meeting County Judge Melton Holt will be the guest speaker in their series of "meet your community leaders." He said he would probably be asking some of the council and the mayor to come and speak. He also wanted to address the controversy regarding the NAACP President election and the former president Willie Catha Jones. He said the Evening Times quoted him by saying that that they had received some items including the checkbook, minutes, etc. from Ms. Jones, but he said they have not received these items. He also addressed the vitriol in the paper and community regarding Councilman Marco McClendon and said we needed to stop that. He said he wanted to work with everybody and that his phone number is 735-1212, cell 901-378-6743 and wants to us to work together for the betterment of the community. Harry Peace - He said he was representing himself to ask questions ambiguous to him regarding the Animal Shelter. He said they adopted out some 70 animals to some organizations. He heard from the Humane Society of the United Stated and they knew nothing about it. He said he heard that the Animal Shelter sold these animals to a laboratory for experiments. He asked the council if they knew anything about this and asked for any assistance they could provide. Kheka Sparks -Roberta Jackson Neighborhood Center Director, - 708 Stanford -She said she wanted to state one correction from the last meeting that it was Planning & Development that put the funds into the Roberta Jackson Neighborhood Center, not Economic Development. She also reported that the parts needed to fix the doors were in and will be fixed Monday morning. Councilor Robinson said she was in there the other night and it was exceptionally clean. 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 2:16 p.m. PASSED and APPROVED this ~_ day of April, 2011. ~~~~ ~ J WILLIAM H. JOHN N, MAYOR ATTEST: ~rr -~ - PHILLI A, CITY CLERK Minutes prepared by: Cindy Greenwood, Sr. Deputy City Clerk ~ w••• r• **t ''. s u i CI'T'Y Off' ~T~c~'T M~MpI~Ic~ 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULAITION SHEET CITY OF WEST MEMPHIS MUNICIPAL GRASS SPRAYING MARCH 17, 2011 BIDDER BID PRICE T.C. Lawn Care Pro-Turf Management Treemendous $ io+ g5G .6~ An Equal Opportunity Employer t ATTACH BANK DRAFT, BANK CASHIER'S CHECK, LETTER OF CREDIT ISSUED BY ANY NATIONAL BANK OR CERTIFICATE OF DEPOSIT THEREIN, DULY ASSIGNED, APPROVED BID BOND OR CERTIFICATE CHECK HERE. 10. The undersigned submits herewith his proposal covering the work to be performed under the contract; he understands that he must show in the schedule the unit prices for which he proposes to perform the item of work, all blank spaces for bid items must be filled in, in ink or typewritten, in both words and figures which in case of discrepancy the amount shown in words will govern, and that the extension must be made by him, and if not so done his proposal may be rejected as irregular. The City of West Memphis reserves the right to refuse any and/or all bids and to select such bids that would best serve his interest. BASE BID The Bidder agrees to perform all of the services for the "2011 Airport Mowing Contract for the West Memphis Municipal Airport" as herein specified and described for the per mowing sum of TYPE OF UNIT BID (per mowing) MOWING WORDS FIGURES FINISH (34O2acres) I ~ ~a~ X I~ ~ ~~ ~25 D~ $ ~ ROUGH MOWING (144 4 acres) ~ _ Q(a I ~ f ~ ~~ ~ $ ~0 ~ ~ ~~ . , TOTAL ~ ~ ~ ~ ~ ~ $ ~ Any single mowing may consist of finish mowing or rough mowing, or both, as determined and directed by the Commission. The award of this contract shall be based upon the total bid for fifteen (15) finish mowings and seven (7) rough mowings. The actual number of finish and/or rough mowings may vary. IF AN INDIVIDUAL: SIGNATURE OF BIDDER: FIRM NAME: BY: BUSINESS ADDRESS: NAME AND ADDRESS OF ALL MEMBERS OF FIRM BUSINESS ADDRESS: IF A CO-PARTNERSHIP: 3 r ATTACH BANK DRAFT, BANK CASHIER'S CHECK, LETTER OF CREDIT ISSUED BY ANY NATIONAL BANK OR CERTIFICATE OF DEPOSIT THER€NV; f3Ui.Y ASSIGNED, APPROVED BID BOND OR CERTIFICATE CHECK H>=RE. 10. The undersigned submits herewith his proposal covering the work to be performed under the contract; he understands that he must show in the schedule the unit prices for which he proposes to perform the item of work, all blank spaces for bid items must be filled in, in ink or typewritten, in both words and figures which in case of discrepancy the amount shown in words will govern, and that the extension must be made by him, and if not so done his proposal may be rejected as irregular. The City of West Memphis reserves the right to refuse any and/or all bids and to select such bids that would best serve his interest. BASE BID ~~ l ~~ The Bidder agrees to perform all of the services for the "2011 Airport Mowing Contract for the West Memphis Municipal Airport" as herein specified and described for the per mowing sum of TYPE OF UNIT BID (per mowing) MOWING WORDS FIGURES FINISH MOWING 34 2 )C ~ J '~ ~ ~~ ~~ $ /~ ~~ . acres) ( (J ROUGH MOWING 144 4 ~ ~ ~ = ~ ~ ~ $ ~/ 5 V ( . acres) TOTAL I ~ ~ ~° $ a ~L~ ~ Any single mowing may consist of finish mowing or rough mowing, or both, as determined and directed by the Commission. The award of this contract shall be based upon the total bid for fifteen (15) finish mowings and seven (7) rough mowings. The actual number of finish and/or rough mowings may vary. IF AN INDIVIDUAL: SIGNATURE OF BIDDER: BUSINESS ADDRESS: IF A CO-PARTNERSHIP: FIRM NAME: BY: BUSINESS ADDRESS: NAME AND ADDRESS OF ALL MEMBERS OF FIRM r CITY OF WEST MEMPtIIcS 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULATION SHEET MARCH 17, 2011 MID-AMERICA INDUSTRIAL PARKGRASS CUTTING AND MAINTENANCE OF TREES AND BED5 BIDDER T.C. Lawn care $ $~' I~Maintenance $ I q Bid for the year Pro-Turf Management O'Neal Cut Grass BID PRICE $~~~Per cut (14) ~ ~'`~~~' $ Per cut (14) I ~~ ~~ $ Maintenance $ G~ Bid for the year $ Per cut (14) Maintenance $ An Equal Opportunity Employer Bid for the year 1` .' Treemendous Landscape $ Per cut (14) & Garden Center $ Maintenance $ Bid for the Year ~j~, $ Per cut (14) $ Maintenance $ Bid for the year $ Per cut (14) $ Maintenance $ Bid for the year a CITY OF WEbT MEMPHIb 205 S. Redding • PO. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 SID TABULATION SHEET MARCH 17,2011 MUNICIPAL PROPERTIES GRASS CUTTING BIDDER BID PRICE 06 T.C Lawn Caze $ ~ a,']~ ~ Per cut (22) a~ $ ~~ D50 Bid for the year Pro-Turf-Management $ ~ ~ ~ ~ °~ Per cut (22) $ al( y~~,°~ Bid for the year O'neal Cut Grass $ Per cut (22) $ Bid for the year Treemendous landscape $ Per cut (22) &Garden Center $ Bid for the year An Equal Opportunity Emp.~oyer R & R Lawn Care $ Per cut (22) $ Bid for the year R.C. Landscaping $ Per cut (22} $ Bid for the year Marshall Parker $ Per cut (22) $ Bid for the year $ ~ ,110 Per cut (22) o~ $ ~y. y~_Bid for the year $ Per cut (22) $ Bid for the year WEST MEMPHIS, ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS B-2011-MC-OS-0009 Introduction: The U. S Department of Housing and Urban Development (HUD) has designated the City of West Memphis, Arkansas as an Entitlement City under the Community Development Block Grant (CDBG) Program as authorized by the Housing and Community Development Act of 1974, as amended. As an Entitlement City, West Memphis will receive a specified amount of funds annually for use in carrying out a variety of auspices of the CDBG Program. West Memphis will be entitled to receive the annual grant so long as its performance is in accordance with statutory and regulatory requirements of the CDBG Program and HUD. This Final Statement of Community Development Objectives and Projected Use of Funds has been prepared by and is subject to modification through a process which affords maximum public accountability and citizen participation. The Community Development Agency of West Memphis conducted a public hearing on January 18, 2011 to receive citizen recommendations on the scope of the CDBG Program. A second public hearing was held on February 8, 2011 to allow citizens the opportunity to respond to the requests for funding. The Final Statement was prepared and made available to the public prior to its being submitted to the Little Rock Area Office of the U. S. Department of Housing and Urban Development. The City Council approved the content of the Final Program at its regular meeting on 2011. Moreover, copies of this Final Statement and any modifications thereto will be available at the offices of the Community Development Agency of West Memphis, 205 South Redding Street, during normal business hours, Monday through Friday. The City of West Memphis looks forward to the Community Development Block Grant Entitlement Program and hopes to continue providing meaningful site improvements and various community development activities that are essential to revitalizing our neighborhoods and providing benefits primarily for low and moderate income persons within the community. The City recognizes that there are needs for community development and public improvements in many parts of West Memphis and that there are not sufficient funds available to satisfy all, or even a majority of these acknowledged needs. The City continues to strive toward implementation of a well conceived community development program that truly maximizes benefits for low and moderate income persons and/or eliminates slum and blight and prevents the recurrence of blighting influences. Statement of Community Development Objectives: The following community development objectives will be addressed through implementation of the CDBG Entitlement Program. 1. To improve housing conditions available in the community, especially those which provide housing for low and moderate income persons. 2. To provide for public facilities improvements including street projects, drainage projects and neighborhood facilities in areas that are concentrated with low and moderate income persons. To minimize displacement of site occupants through the carrying out of projects and activities, recognizing that should displacement occur, technical and financial assistance to relocate the displacee in replacement housing within his/her economic means will be provided in accordance with the stipulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. Projected Use of Funds: The City of West Memphis will receive approximately $420,000 under the FY2011 Year CDBG Entitlement Program. If less than this amount is received, the costs and scope of the projects described herein will be adjusted accordingly. An alternative would be to eliminate all or part of one or more projects from the proposed program. If more than this amount is received, the additional funds will be added proportionately to the line items described herein where such funds will remain until or unless they are required for another project activity. The following activities have been designed and will be implemented within the proposed FY2011 Program by the Community Development Agency based upon previously approved and planned activities and citizen involvement. It is understood that these activities may be revised in the future by the City Council of West Memphis, Arkansas as a result of the continuing citizen participation planning process. FY2011 Proposed Activities Public Facilities and Improvements: Polk Street -Phase I: Street reconstruction Location: South 15~' Street to South 18~' Street Regulatory Citations: Eligibility: 24 CFR 570.201(c) National Objectives: 24 CFR 570.208(a)(1) Funding: $ 106,000 Economic Development: Design and development of businesslkitchen incubator and/or facade improvements and/or farmers market Location: to be determined Regulatory Citations: Eligibility: 24 CFR 570.203 National Objectives: 24 CFR 570.208(4) Funding: $ 50,000 * NOTE: If either of the above designated projects fail to get underway in a timely manner, these funds may be re-allocated by the City Council to the ongoing activities of housing rehabilitation, demolition and/or public facilities. Housing Rehabilitation: Continuation of the housing rehabilitation program in which a maximum of $20,000 in CDBG funds is expended on the rehabilitation for elderly/handicapped low and moderate income homeowners Location: city wide Regulatory Citations: Eligibility: 24 CFR 570.202 National Objectives: 24 CFR 570.208(a)(3) Funding: $ 100,000 Demolition and Clearance: Demolition of vacant dilapidated structures and clearance of structure and lot Location: city-wide Regulatory Citations: Eligibility: 24 CFR 570.201(d) National Objectives: 24 CFR 570.208(b)(2) Funding: $ 80,000 Program Administration and Planning: Administrative costs related to planning, oversight, management and implementation of the program Location: not applicable Regulatory Citations: Eligibility: 24 CFR 570.206 National Objectives: not applicable Funding: $ 81,000 i Fair Housing: Contribution to the Community Housing Resources Board to further fair housing efforts within the City Location: city wide Regulatory Citations: Eligibility: 24 CFR 570.206(c) National Objective: not applicable Funding: $ 3,000 Total FY2011 CDBG Program: $ 420,000 Effectiveness: The Final Statement of Community Development Objectives and Projected Use of Funds has been prepared in light of the previous public hearings and input from members of the West Memphis City Council. Citizens are invited to comment on this Statement by sending their comments to the Community Development Agency of West Memphis, 205 South Redding Street, West Memphis, Arkansas 72301. Copies of the Final Statement are available for public inspection and review during normal business hours, Monday through Friday, in the Community Development Agency offices. Various recommendations and comments or suggestions that are made as a result of citizen review of this statement as appearing in the West Memphis Evening Times will be forwarded to the City Council for the Council's consideration. The Final Statement will remain in full force and effect for the duration of the CDBG Program, or until it is modified or amended by the City Council. As with previous Community Development Block Grant Programs, the Community Development Agency of West Memphis will administer the CDBG Program on behalf of the City of West Memphis.