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May 17 2012 MINUTES WEST MEMPHIS CITY COUNCIL MAY 17, 2012 A regular meeting of the West Memphis City Council was held on Thursday, May 17, 2012 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding,West Memphis, Arkansas. Invocation was given by Alderman Herman Coleman. Mayor Johnson called the meeting to order at 1:30 p.m. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, and Councilors, Marco McClendon, James Holt, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, and Herman Coleman. Absent were: City Treasurer Frank Martin and Councilmen: Willis Mondy, Taz Tyrone and Phillip Carter. Quorum being present, Mayor Johnson proceeded with the meeting. PROCLAMATION &PRESENTATIONS Mayor Johnson turned the floor over to Alderwoman Lorraine Robinson. She read a Proclamation from Mayor Johnson to Ms. Ora Breckenridge who is retiring after 44 years in education. Mayor Johnson proclaimed Friday, June 29 2012 as Ora Breckenridge Day in West Memphis. Alderwoman Robinson, who spearheaded the Great West Memphis Clean-Up Blitz held on May 5th said it was a great success and issued Certificates of Appreciation to those that came out and helped. Next, Mr. Terry Rawlings, District Director for Centerpoint Energy came forward and presented a check in the amount of$2,000 to the West Memphis Fire Department. Mr. Rawlings explained the Fire Department is one of the recipients of the Centerpoint Energy's Community Partnership Grant. Fire Chief Wayne Gately accepted the check. MINUTES Councilman Pulliaum made a motion, seconded by Councilman Catt to dispense with the reading of the minutes of the May 3, 2012 City Council Meeting and approve them as submitted. Upon voice vote,the voting was unanimous to approve. OLD BUSINESS 2nd Reading AN ORDINANCE TO AMEND ZONING ORDINANCE 1988, AS AMENDED, IN REGARDS TO PERMITTED USES IN A C-2, COMMERCIAL DISTRICTS,ARTICLE III,SECTION 2, PARAGRAPH B, NUMBER(2) INDUSTRIAL USES PERMITTED IN A C-2 COMMERCIAL DISTRICT,AND PARAGRAPH C, LOT, YARD, AND HEIGHT REGULATIONS, FOOTNOTE(b) ,AND FOR OTHER PURPOSES City Attorney Peeples read the Ordinance for the SECOND time. NEW BUSINESS Councilman Pulliaum made a motion, seconded by Councilwoman Taylor to suspend the rules and read the title only of R-1. Upon voice vote, the voting was unanimous to approve. R-1 A RESOLUTION APPROVING THE SETTLEMENT OF AN ACTION STYLED JACOB B.YOUNG V. WEST MEMPHIS UTILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT AND TO TAKE SUCH OTHER ACTIONS AS MAY BE NECESSARY TO EFFECTUATE THE SETTLEMENT, AND FOR OTHER PURPOSES City Attorney Peeples read the Resolution. Councilman Catt made a motion, seconded by Councilwoman Robinson to approve the Resolution. Upon voice vote, the voting was unanimous to approve. The Resolution was adopted and assigned No. 2005. PERMISSION REQUESTS Inspector Shelton of the West Memphis Police Department requested approval of the City Emergency Response Plan,Annex D Revisions. Councilwoman Taylor made a motion, seconded by Councilwoman Taylor to approve the revisions as presented. Upon voice vote, the voting was unanimous to approve. Councilwoman Taylor made a motion, seconded by Councilman Catt to approve payment of$160,000.00 to Metro Mechanical for work performed for the Energy Upgrade Grant. Upon voice vote,the voting was unanimous Lto approve. Councilwoman Taylor made a motion, seconded by Councilman Catt to give permission for Mayor Johnson to sign a Memorandum of Understanding for the 2012 Edward Byrne Memorial Justice Assistance Grant. Upon voice vote, the voting was unanimous to approve. COMMITTEE REPORTS Airport Commission -Councilwoman Lorraine Robinson reported construction is completed on Phase I Taxiway "A" Project. FAA is decreasing their participation in Airport Improvement Projects from 95% to 90%. This will severely impact the West Memphis Airport if the State Department of Aeronautics does not increase their match from 5%to 10%. The 2011 independent audit is underway. City Attorney Peeples, Airport Manager Lynda Avery, and Commissioners Lehr and Bearden are working on a ground lease and property management standards which will complement the existing Airport Operations Manual. Police Commission—Councilwoman Robinson reported on the meeting held April 26th. Chief Oakes presented a curfew ordinance from Springdale, AR for commissioners to review. They are hoping to have a new curfew ordinance in place by the end of the school year. New officers were elected; Taz Tyrone, Chairman and Lorraine Robinson, Secretary. They are still working on tying the Neighborhood Watch Program with the clean-up program and Stop the Violence Program. They discussed children playing basketball in the streets. The Commission is going to work on finding a place where children can play basketball and keep them off of the streets. A&P Commission -Councilwoman Taylor reported City Channel 17, in cooperation with the Crittenden County Election Commission will be providing up-to-the-minute election results on Comcast Cable Channel 17 starting at 7 pm May 22nd. ANNOUNCEMENTS Mayor Johnson asked for permission to move the City Council Meeting scheduled for June 21, 2012 until June 28, 2012 due to the Arkansas Municipal Convention being held June 20—22nd. Upon voice vote, the voting was unanimous to approve. Alderman McClendon announced that on Mayl9th at Hightower Park from 12 until 5 p.m.there will be a Stop the Violence Rally. He said since 1990 until today,there have been 145 murders in West Memphis and out of those 145, 137 were black on black murders. He asked everyone get involved and address these issues. CITIZENS REQUESTS Tia Handy Dobbins—304 W. Jefferson - She spoke against the censoring of the Citizens Requests portion of the City Council Meeting. She said the voice of the citizens should be heard. She complained that the streets in her area have been dug up and gravel put down and would like them fixed. The NAACP's next meeting will be Monday at 6 pm at the Roberta Jackson Community Center. Justice Hubert Bass will be speaking. Having no further business to come before the City Council, Councilwoman Taylor made a motion, second by Councilman Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:10 p.m. —7 PASSED and APPROVED this / day of June, 2012. WILLIAM H. JOHNSO , MAYOR ATTEST: PH - ° • -A, CITY CLERK Minutes prepared by: Cindy Greenwood, Senior Deputy City Clerk Memorandum of Understanding The State of Arkansas County of Crittenden Known by all these Present Agreement between The City of West Memphis, Arkansas And County of Crittenden, Arkansas 2012 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this day of ,2012, 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$35,962.50 for the JAG award for the 2012 Crittenden County JAG 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 $36,962.50 and the County is to be awarded $35,962.50. The total to be received by both City and County is to be $72,925.00. NOW THEREFORE,THE COUNTY AND CITY AGREE AS FOLLOWS: SECTION 1. City agrees to pay County a total of$35,962.50 of the JAG funds. The City shall receive $36,962.50 in JAG funds for its own 2012 West Memphis Police Department JAG grant program. SECTION 2. County agrees to use $35,962.50 for the 2012 JAG grant program until September 30, 2015. SECTION 3. Nothing in the performance of this Agreement shall impose any liability for claims against Crittenden County other than claims for which liability may be imposed. City of West Memphis,Arkansas—2012-H2464-AR-DJ SECTION 4. Nothing in the performance of this Agreement shall impose any liability for claims against the City of West Memphis other than claims for which liability may be 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. 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 "2012 Edward Byrne Justice Assistance Grant(JAG)program award." City of West Memphis, Arkansas County of Crittenden, Arkansas City Mayor County Judge Attest: Attest: City Clerk County Clerk Approved as to Form *City Attorney *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 contact 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). City of West Memphis,Arkansas—2012-H2464-AR-DJ WEST MEMPHIS, ARKANSAS LAW ENFORCEMENT ANNEX D I PURPOSE This annex is to establish and maintain public order and security during emergencies and disasters occurring in the city of West Memphis. II SITUATION Since West Memphis is subjected to natural and man-caused peacetime emergencies and disasters, the Law Enforcement Service will be taxed to its limits in providing law enforcement services during a large-scale emergency or disaster. Following a disaster/emergency in one or more populated areas of West Memphis, the Law Enforcement Service will be required to provide large-scale traffic and crowd control and security measures in the disaster area. Numerous traffic control points will require an increased number of Law Enforcement Personnel to man traffic control points any time an evacuation is implemented or possible movement to Shelter occurs. Due to confusion and interruption of normal life patterns of West Memphis residents in evacuating, there will be an increase in disorderly or criminal activity. Some normal police activities will be suspended or curtailed. The combination of these problems during a large-scale peacetime emergency or disaster will require an augmented Law Enforcement Organization to cope with the situation. III ASSUMPTIONS B. A. The Law Enforcement Service will be fully organized and trained to perform the necessary emergency functions required in a disaster situation B. Current emergency plans and procedures will be available to Law Enforcement Personnel . C. Local, Law Enforcement Personnel will be supported, by the State Police and other Law Enforcement Agencies in the County (oral and mutual aid agreements) . D 1 Approved by the West Memphis City Council January 17, 2008 D. If it becomes necessary to relocate prisoners from County Jails, the prisoners will be moved to the nearest available Correctional Facility. IV CONCEPT OF OPERATIONS A. Natural Disasters 1 . Preparedness Phase When a severe weather watch/warning has been issued affecting West Memphis, the Law Enforcement Service will assist the warning point in disseminating watch/warning information throughout the City. 2 . Response Phase During the impact of a disaster, Law Enforcement Personnel will keep the EOC informed of the scope of the damage and areas being affected. Law Enforcement Personnel will establish road-blocks and provide traffic control and security in the disaster and assist with any needed evacuations. Activities will be coordinated with other functional areas required for recovery operations. B. Man-Caused Peacetime Disasters/Emergencies 1 . Preparedness Phase Upon receipt of warning of an impending disaster or emergency, the Law Enforcement Service will assist in providing Warnings to the population in the affected areas. In the event an evacuation is necessary, Law Enforcement Personnel will assist with movement and access control, as needed. If an accidental missile launch warning is received and is directed to the West Memphis Warning point, the Law Enforcement Service will assist in providing warnings to the population, then personnel will take shelter "in-place" and begin improvising protection from the effects of blast, fire and initial radiation. 2 . Response Phase Upon impact of a man-caused disaster, the Law Enforcement Service will assist in providing warnings to the population in the affected areas. Activities will be coordinated with other functional areas required for emergency operations. Upon impact and denotation of an accidental missile launch, surviving Law Enforcement Personnel will remain in shelter D 2 Approved by the West Memphis City Council January 17, 2008 and take protective actions from the effects of blast, fire and initial radiation. Following a man-caused peacetime disaster, the Law Enforcement Service will assist in recovery operations by providing crowd and traffic control and support to the Health and Medical Service in the transportation of the sick and injured to Health and Medical Care Facilities . Following a nuclear denotation as a result of an accidental missile launch, Law Enforcement Personnel will assist in recovery operations by providing crowd and traffic control and security in addition to communications support to recovery operations and radiological monitoring of the area. C. War Emergency - Enemy Attack 1 . Preparedness Phase When an increased readiness phase has been declared, the Law Enforcement Service will begin review of emergency plans and procedures and augmenting and training of auxiliary personnel required for implementation of crisis relocation and sheltering of the population in addition to providing security and traffic control . Upon receipt of attack warning, the Law Enforcement Service will provide communication support in disseminating warnings to the population and during movement to shelter, then will move to protective shelter and improvise protection. 2 . Response Phase When a nuclear disaster has occurred and the situation permits the population to emerge from Shelter, the Law Enforcement Service will provide movement and traffic control, re-establish law and order and support other functional areas in recovery operations. V ORGANIZATION AND RESPONSIBILITIES A. Organization The West Memphis Law Enforcement Service includes all paid and auxiliary personnel of the city police department . The West Memphis Police Chief is the Chief Law Enforcement Officer and his assistant serves as the Deputy City Law Enforcement Officer. The Line of Succession for the city of West Memphis Law Enforcement is as follows: (1) Chief of Police (2) Inspector and (3) Whoever the Chief of Police designates. D 3 Approved by the West Memphis City Council January 17, 2008 B. Responsibilities The City Law Enforcement Officer (Chief of Police) will : 1 . Review law enforcement plans and develop procedures that address how Law Enforcement Services will accomplish its assigned tasks and how it will deal with the hazards the jurisdiction faces. 2 . Maintain call down structure to alert and activate Law Enforcement Personnel for emergency operations and establish a work/control/dispatch center to manage organizational resources and response personnel and maintain contact with the EOC during emergency situations, as well as providing a representative to the EOC. 3 . Establish procedures for reporting appropriate information to EOC during disaster operations. 4 . Provide traffic and crowd control and law and order security in the City, as well as security in lodging and feeding facilities, emergency shelters and critical facilities and resources. 5 . Maintain dose records for response personnel, ensure dosimeters are properly utilized, and establish procedures for the decontamination of response personnel, equipment, supplies, instruments and facilities. 6 . Recruit and train auxiliary personnel . 7 . Make efforts to obtain protective equipment, instruments and clothing as appropriate to enable personnel to operate in a hazardous chemical or radiological environment. 8 . Will provide security for critical facilities and resources as identified by Chief Executive. 9. Provide secure parking area in close proximity to the reception areas . 10 . Help evacuees with mechanical vehicle problems and ensure they do not block traffic. 11. Support cleanup and recovery operations during disaster events. *12 . Endeavor to have earthquake resistant structures that house Law Enforcement Personnel and emergency vehicles, supplies and equipment . D4 Approved by the West Memphis City Council January 17, 2008 *13 . Be aware of and maintain a list of existing major City earthquake hazards (e .g. , hazardous materials, storage facilities, levees, dams, riverbanks, etc. ) and be prepared to warn, advise, and/or assist citizens endangered by such hazards . VI ADMINISTRATION Administrative and logistical requirements for Law Enforcement Emergency Operations will be coordinated with the West Memphis Finance Officer. Any records deemed essential for continued government functioning will be stored in a protected environment. ATTACHMENTS: 1. Resources 2 . Law Enforcement Emergency Response Checklist 3 . Emergency Response Plan 4 . School Shooting Response Plan 5 . Silent Bank Alarm Response Plan * Earthquake Specific D 5 Approved by the West Memphis City Council January 17, 2008 Emergency Response Plan Purpose To implement an Emergency Response Plan governing the operation of the Police Department during an incident such as a natural disaster or large scale civil disobedience. The Police Department has an official policy regarding severe emergency situations. This directive is intended to clarify the Police Department's actions during such incidents. Action The Police Department operates on four operational levels. They are: 1. Level One - Normal day to day operations, including holding over shifts during periods of increased activity. 2. Level Two - (Critical Incidents) - An emergency situation of short duration (hours) requiring additional resources from other city departments or specialized units (i.e. , airplane crash, public official emergency, hostage situation, etc.) . Incident Command Post (ICP) will be activated by the primary responders and will be utilized during the Critical Incident. Off duty officers may be called in to assume service call duties. Communications will attempt to notify Reserve Officers to report to duty if such program is in place. The off duty officers and Reserve Officers will assemble in the Squad Room until given instructions. Communications will also notify the Fire Department at a Level Two or higher response. 3. Level Three - (Major Incidents) - An emergency situation of an extended or protracted period of time. When a Level Three Response is declared, a partial mobilization of personnel will occur. This shall be authorized by order of the Chief of Police or his/her designate. The declaration of this level of response will result in the cancellation of one or both regular days off, while maintaining regular shifts and hours of operations. It may be necessary for most cars to be manned by two officers. During a Level Three Response, all officers are required to wear their body armor. This level of response shall remain in effect until canceled by the Chief of Police or his/her designate. 4. Level Four - (Major Incidents) - Full mobilization of all police personnel by order of the Chief of Police. The Police Department shall operate on two twelve-hour shifts. The hours Approved by the West Memphis City Council January 17,2008 of operation shall be 0700 until 1900 and 1900 to 0700. Until such mobilization, all benefit days off will be canceled. Full mobilization shall remain in effect until canceled by the Chief of Police or competent authority. The declaration of a Level Four Emergency Response shall activate a "team" concept of call response. Two officers will operate all police units. A team shall consist of a minimum of two police units and a supervisor. The Uniform Patrol Commander shall determine the staffing levels and assignments. At a Level Four operation mode, the Police Department will exercise its mutual agreements with the following agencies by request from the Chief: • Memphis Police Department • Marion Police Department • Crittenden County Sheriffs Department • Forrest City Police Department • Arkansas State Police If circumstances require, the Chief may notify the Mayor that there is a need for the service of the Arkansas National Guard. At that time, the Mayor will request the activation of the Arkansas National Guard by going through proper channels to the Office of the Governor of the State of Arkansas. When a Level Four is declared, a team from the Police Department will make all calls with the Fire Department providing security and serving as an escort. When a Level Four is declared only emergency calls involving threats to life or property will be dispatched to the Police Teams. Non-emergency callers will be instructed to file complaints or reports at the police station, after the Level Four Incident has been canceled. At a declared Level Four operation, the Chief of Police will request that the Mayor of West Memphis implement a dusk to dawn curfew until such time as the Level Four may be lowered to a lower level of operation. Duty Assignments If a Level Four Emergency Response is declared, the following duty assignments shall commence and all personnel will report to duty in uniform: Approved by the West Memphis City Council January 17,2008 0700 - 1900 hours • Chief of Police • Administrative Inspector • Patrol Division Commander • Captain/Administration (I.T. ) • Lieutenant/Day Shift • Senior Sergeant/Afternoon Shift • Day Shift Police Officers • 6 Officers from Afternoon Shift with most Seniority • 3 Detectives • 2 School Resource Officers • 1 Special Response Team Officer 1900 - 0700 hours • Operations Inspector • CID Division Commander • Narcotics Division Commander/SRT • Lieutenant/Night Shift • Junior Sergeant/Afternoon Shift • Night Shift Police Officers • 6 Officers from Afternoon Shift with Least Seniority • 3 Detectives • 3 Reserve Officers • 2 SRT Officers The Police Dog Unit will work shift where most needed. The Detectives will remain at the Police Station during their shifts and maintain security at the Station. The Detectives will also assist citizens seeking help or shelter at the Police Station. SRT Unit Officers shall report to their respective shifts, but remain on alert and be available through telephone or police radio throughout the Level Four. Reserve Officers reporting to duty will assemble in the Squad Room until assigned by the ranking commanding officer. Depending on activity, the Police Teams will be assigned in the following manner: Team One - One Supervisor & 6 Officers - Responsible for assigned areas. Approved by the West Memphis City Council January 17,2008 Team Two - One Supervisor & 6 Officers - Responsible for assigned areas. Team Three - One Supervisor & 6 Officers - Responsible for assigned areas. Each of these cars should be operated by at least two officers when possible. Approved by the West Memphis City Council January 17,2008