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