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.
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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
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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.
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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
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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 .
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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 .
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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
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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 .
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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 :
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Da ,
City Clerk