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March 21, 1985 -66- MINUTES WEST MEMPHIS CITY COUNCIL March 21 , 1985 The regular meeting of the West Memphis City Council was held on Thursday , March 21 , 1985 at 1 : 30 p . m. , in West Memphis , Arkansas at City Hall , 205 South Redding , in the Council Chambers with Mayor Leo Chitman presiding . Prayer was offered by Reverend James Cooper . The first item of business on the agenda was bid opening for West Memphis Utilities . Bids opened and read by City Attorney Smith . Bids opened at 1 : 35 p .m. 300 KVA PAD MOUNT TRANSFORMERS : Electric Equipment Company $4 , 859 . 00 Rochester , N . Y . Tennessee Valley Electric $4, 155 .00 Memphis , TN Valtau Standard , Inc . $5 , 335 . 00 Memphis , TN Central Malloney No Bid Pine Bluff , AR Stewart Irby $4 , 060 .00 Little Rock , AR Dowzer Electric $4 , 616 .00 Mount Vernon, ILL AR Electric Co-Op $5 ,006 . 00 low Little Rock , AR Bids closed at 1 : 41 p . m. Alderman Burnett made the motion , seconded by Alderman Dalton , to turn the bids over to the Utility Commission for review and disposition . Upon roll call vote , the voting was as follows : AYE : Aldermen : Horton , Morris , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton . NO : Aldermen : None . The motion passed . City Attorney opened and read the following bids for the Sanitation Department . Bids opened at 1 : 42 p . m. 27 6 YARD DUMPSTERS : Brooks Containers $12 , 555 . 00 Bucy Sales Co . $11 , 745 . 00 Dixie Mfs . Co . $12 , 363 .00 Alderman Morris made the motion , seconded by Alderman Dalton , to turn the bids over to the Sanitation Commission for review and dispostion . Upon roll call vote , the voting was as follows : AYE : , Aldermen : Horton , Jackson , Morris , Shelton , Sumpter , Brasfield, Burnett , Cooper , Dalton . NO : Aldermen : None . The motion passed. -67- City Attorney opened and read the following bids for the City of West Memphis . FLEET INSURANCE : State Farm Ins . City Vehicles: $10 , 399 . 74 State Farm Ins . Utility Vehicles: $ 9 , 183 . 26 Alderman Shelton made the motion, seconded by Alderman Burnett , to turn the bids over to the Insurance Commission for review and disposition . Upon voice vote of the Council , the voting was unanimous . The motion passed. Bids openings were over at 1 : 46 p .m. ,,, Mayor Chitman requested City Clerk Dan Craft to call the roll . The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen : Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin The Mayor declared a quorum present . Next item on the agenda was a presentation by Mr . James Hill - Deferred Compensation Program . Mr . Hill stated he 4-11 was representing the U . S . Conference of Mayors on a program fpr deferred compensation for employees . The program is tax sheltered from state and federal taxes . The program would be set up on the city computors' to be deducted from employees checks . Lengthy discussion . Mr . Hill requested the City Council to pass a Resolution allowing him to present the program to the city employees . Discussion . Alderman Morris made the motion , seconded by Alderman Dalton , to adopt the Resolution enabling the Program of the U . S . Conference of Mayors on Deferred Compensation to be presented to the West Memphis City employees . Discussion . Alderman Morris withdrew his motion , Alderman Dalton withdrew his second. Requested Mr. Hill to come back to the next City Council meeting , which would allow the Aldermen time to study the program. Mayor Chitman requested the City Council to place on the agenda a Resolution to the Arkansas General Assembly . Alderman Cooper made the motion , seconded by Alderman Dalton , to accept the agenda as amended . Upon voice vote , the voting was unanimous . The motion passed. CITIZENS REQUEST : Mr . Lawrence Henry , 1903 McAuley , South , phone number 732-3912 , stated that he had been trying since early December to take the electricans test to get his license . He is going to lose his job if he can ' t Lake the test. -68- Mrs . Renita Rash , Code Enforcement Office , explained that he had come in in December , but did not put his deposit down . They do not have a full board now to give the test . Lengthy discussion . Mayor Chitman asked Mr . Avery , former Code Enforcment officer if he would accept an appointment to the Electrical Board . Mr . Avery stated he would . Mayor Chitman requested the City Council to approve Mr . Avery ' s appointment to the Electrical Board . Alderman Sumpter made the motion , seconded by Alderman Cooper , to approve the appointment of Mr. Calvin Avery to the Electrical Board . Lengthy discussion . Alderman Dalton called for the question , seconded by Alderman Guin . Upon voice vote , the voting was unanimous. Upon roll call vote on the appointment, the voting was as follows : AYE : Aldermen : Horton , Jackson , Morris , Shelton , Sumpter , Brasfield, Burnett , Cooper , Dalton , Guin . NO : Aldermen : None . The motion passed. Discussion on when the test could be given . Mayor Chitman instructed Mrs . Rash to set the test up as soon as possible . Mrs . Lena Henry , 513 North 13th Street , requested the City Council to issue him a temporary license until he could take the test . Alderman Horton made the motion , seconded by Alderman Cooper , to issue him a temporary license . Lengthy discussion . Mayor Chitman stated he would not sign it , it was against the ter, law. Lengthy discussion . Alderman Sumpter requested a roll call vote. Alderman Shelton requested that the Mayor reconsider and allow this exception . Alderman Sumpter made the motion , seconded by Alderman Morris , call for the question . Upon voice vote to end debate , the voting was unanimous . Upon roll call vote to issue a temporary license , the voting was as follows : AYE : Aldermen : Horton , Jackson , Morris , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin . NO : Aldermen: None. The motion passed . Mayor Chitman stated it was the matter of the Chair and respectfully directed Mr . George and others not to issue the permit. That if the board wishes they can issue a temporary permit until the test can be taken . Alderman Dalton asked City Attorney Smith if there was anything else the City Council could do . City Attonrey Smith answered No. Lengthy discussion . Alderman Burnett read a letter from Poole Brothers to the West Memphis Chamber of Commerce . Alderman Burnett stated he did not appreciate the letter and Poole Brothers needed the license and sent Mr . Henry to the City Council to do their work . Alderman Dalton requested a five ( 5) minute recess . Meeting recessed at 3 : 03 p .m . Mayor Chimtan called the meeting back to order at 3 : 23 p . m. Mr . Dillian Scruggs , Jr . , 1940 Channel Ave , Memphis , TN . discussed the bidding on the two packer bodies . Lengthy -69- discussion between Mr . Scruggs , Alderman Shelton and City Council on the bids , specifications , etc . Mayor Chitman said in the future they would be more fair and look at the recommendations from the dealers and be advised . Thanked Mr . Scruggs for being present. Alderperson Jackson ma-de the motion , Miss . Hodges be given permission to speak. Seconded by Alderman Cooper . Upon voice vote, the voting was unanimous . Miss Hodges , 2007 East Madison Avenue , West Memphis , spoke on Keith Lee Day and requested cooperation from the City Council . Mayor Chitman stated the Budget Commission report would be moved up on the agenda and heard at this time . Alderman Morris stated the Budget Committee had approved the following budget change . FIRE DEPARTMENT : Claims/Settlements/Judements A/C # 142-531-00 Increase $14 , 000 . 00 Franchise Tax CATV A/C # 100-312-30 Increase 3 , 600 .00 Reason: Settlement Firemen ' s Lawsuit. Alderman Morris made the motion , seconded by Alderman Burnett, to approve the budget change in the Fire Department . Lengthy discussion . Alderman Dalton called for the question , seconded by Alderman Cooper . Upon voice vote of the question , the voting was unanimous . Upon roll call vote on the budget change , the voting was as follows : AYE : Aldermen : Horton , Jackson , Morris , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin . NO : Aldermen: None . The motion passed . The next item on the agenda was the approval or correction of the Minutes for the City Council March 7 , 1985 meeting . Alderman Shelton made the motion , seconded by Alderman Cooper , to approve the Minutes as presented. Upon voice vote , the voting was unanimous . The motion passed . The first item under old business was second reading of an Ordinance to amend Ordinance No . 1148 . Discussion on the amendments to the Ordinance . City Attorney Smith read the amendments . Lengthy discussion . Alderman Burnett made the motion , seconded by Alderman Brasfield, to approve the amendments , Sections 3 ,4 , 5 and 6 to the Ordinance. Upon roll call vote , the voting was as 14j follows : AYE : Aldermen : Morris , Shelton , Sumpter , Brasfield , Burnett , Dalton . NO : Aldermen : Horton, Jackson , Cooper , Guin . The motion passed . -70- City Attorney Smith read for the second time an amended Ordinance to amend Ordinance No . 1148 , defining the rules and regulations pertaining to the garbage and trash pick-ups ; and for other purposes. Alderman Dalton made the motion , seconded by Alderman Cooper , to approve the Ordinance on its second reading . Lengthy discussion on enforcing the Ordinance . Aldermen spoke pro and con for the Ordinance . Alderman Dalton called for the question , seconded by Alderman Sumpter . Upon voice vote on the question , the voting was unanimous . The motion passed. Upon roll call vote to approve the Ordinance on its second reading , the voting was as follows : AYE : Aldermen : Shelton , Sumpter , Brasfield, Burnett. NO : Aldermen : Horton , Jackson , Morris , Cooper , Dalton , Guin. The motion failed. City Attorney Smith read for the second time a Ordinance to rezone the following described lands : That part of the SIA of Section 7 , Township 6 North , Range 9 East , more particularly described as follows : Beginning at the northeast corner of Lot 6 in Block 11 of M . L . Thompson ' s Second Addition to the city of West Memphis , Arkansas ; thence north 20 degrees 13 minutes east along the extension of the east line of Lot 6 to the north line of the SIA of Section 7 , Township 6 North , Range 9 East ; thence south 89 degrees 34 minutes east along the north line of the Frisco Railroad ; thence south 10 degrees 54 minutes east along the west right of way line of the Frisco Railroad 868 . 0 feet to the northeast corner of Lot 20 , Block 11 ; thence northwesterly along the north and east line of Block 11 to the point of beginning, containing 3 .4 acres , more or less ; and Lots 7 through 20 , both inclusive , in Block 11 of M . L . Thompson ' s Second Addition to the city of West Memphis , Arkansas , containing 2 . 6 acres , more or less . ( 521 Graham, West Memphis , Arkansas. ) Alderman Shelton made the motion , seconded by Alderman Cooper to approve the Ordinance on its second reading. Upon roll call vote, the voting was as follows: AYE : Aldermen : Horton , Jackson , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin . NO : Aldermen : None . ABSTAIN ; Aldermen : Morris . The motion passed. The first item under new business was the first reading of an Ordinance establishing a Wastewater Treatment System for the City of West Memphis , Arkansas . Read for the first time by City Attorney Smith . -71- Alderman Guin made the motion , seconded by Alderman Morris , to approve the Ordinance on its first reading. Upon roll call vote , the voting was as follows : AYE : Aldermen: Horton , Jackson , Morris , Shelton , Sumpter , Brasfield, Burnett , Cooper , Dalton , Guin . NO : Aldermen: None . The motion passed. Mayor Chitman requested the City Council approve a Proclamation for Keith Lee to be presented on Keith Lee Day , April 6 , 1985 . Alderman Cooper made the motion , seconded by Alderman Burnett , to approve the Proclamation. Upon voice vote , the voting was unanimous . City Attorney read a Resolution to the Arkansas General Assembly recommending the Arkansas General Assembly over- ride the veto of the Governor of the State of Arkansas on the Gasoline Tax . Alderman Cooper made the motion , seconded by Alderman Horton , to adopt the Resolution. Lengthy discussion . Upon roll call vote , the voting was as follows: AYE : Aldermen: Horton , Jackson , Morris , Cooper . NO : Aldermen: Shelton , Sumpter , Brasfield, Burnett , Dalton , Guin . The motion failed. PERMISSION REQUEST : Mayor Chitman stated the Utility Commission needed approval for the boring contract under I-55 to G & M Construction Company at a price of $32 , 250.00. Alderman Guin made the motion , seconded by Alderman Cooper , to grant permission . Upon roll call vote , the voting was as follows : AYE : Aldermen : Horton , Jackson , Morris , Shelton , Sumpter , Brasfield , Burnett , Cooper , Dalton , Guin . NO : Aldermen : None . The motion passed. Mayor Chitman requested permission to re-submit for a 1= Dg t& grant. Alderman Morris made the motion , seconded by Alderperson Jackson to grant permission . Upon voice vote , the voting was unanimous . The motion passed. COMMITTEE REPORTS: Alderman Horton stated there would be a Public Works Commission meeting, on Tuesday , March 26 , at 4: 30 p . m. Alderperson Jackson stated there would be a Police Commission meeting , on Tuesday , March 26 , at 8 : 00 a .m. Alderman Dalton stated that selections for the Utility Commission would be coming up in June , and that one member had resigned. Requested the Aldermen submit resume ' for prospective members and the selections would be made at the second City Council meeting in April . -72- Alderman Cooper gave the Small Claims Committee report . Alderman Cooper stated they had a claim from Bernice Lewis in the amount of $75 . 00 for damage to automobile when she hit a pothole in street . The Committee recommends the claim be denied . Discussion . Alderman Cooper made the motion , seconded by Alderman Dalton , to deny the claim. Upon voice vote of the Council , the voting was unanimous. Alderman Brasfield stated the Fire Commission requested that two firemen _be paid $100 . 00/month extra to do small mechanical jobs at the Fire Department . Discussion . These jobs were done during their regular shift hours . Mayor Chitman stated this was in their description "Other Related Duties" , and they should not be paid extra . Discussion . It was the decision of the City Council they not be paid for the work as it was during their regular shift time . Mayor Chitman stated he had appointed Mr . Charles Glen George , as Code Enforcment Officer . Being no other business to come before the City Council at this time , Alderman Morris made the motion , seconded by Alderman Guin , to adjourn . Upon voice vote of the City Council , the voting was unanimous . The meeting adjourned at 5 : 35 p .m. PASSED and APPROVED this "T +h day , of 1985 . eo Chitman Mayor ATTEST : ‹f:21-7 i f7- Da , City Clerk