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November 21, 1985 -276- MINUTES WEST MEMPHIS CITY COUNCIL NOVEMBER 21, 1985 The regular meeting of the West Memphis City Council was held on Thursday, November 21, 1985 at 1:30 p.m. in the City Council Chambers at the West Memphis City Hall, 205 S. Redding with Mayor Leo Chitman presiding. Mayor Chitman calked the meeting to order at 1:41 p.m. lir Prayer was offered by Reverend Whitfield of the Beautiful Zion Church. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Joe Brasfield William Burnett James Cooper Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter The first item on the agenda was bid openings. The bids for the West Memphis Utility Department were opened by David Goacher and read by City Attorney Robert Smith. HALF TON PICK-UP TRUCK lbw Hudson-Rook Oldsmobile GMC-1986 Trade-In NET PRICE', West Memphis, AR $8,005.00 $ 600.00 $7,405.00' Tom Gibson Ford $8,114.27 $1,200.00 $6,914.27', Alderman Horton made a motion, seconded by Alderman Cooper to accept the', bids and refer them to the West Memphis Utility Commission for review and disposition. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. Next demolition bids for the Community Development Agency were opened by T. Gardner and read by City Attorney Robert Smith. CONTRACTOR 216 S. 9th 206 S. 12th 107 S. 15th A&B Construction Co. $1,400.00 $645.00 $575.00 Wallace Construction Co. $1,650.00 $500.00 $400.00 Don Rodgers $1,975.00 $500.00 $475.00 Johnnie Motley $1,700.00 $500.00 $500.80 116, Mitchell Construction Co. $1,750.00 $975.00 $550.80 Sturch Construction Co. $1,680.00 $600.00 $400.00 Alderman Morris made a motion, seconded by Alderman Brasfield to accept the bids and refer them to the Community Development Agency for review and disposition. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. City Attorney Robert Smith Reported that David White, Attorney with -277- the Arkansas Municipal League was present at Pre-Council to discuss the lawsuits with The Meadows (concerning McCarley & Rainer) and Tony Miller (Police Department), and that a motion had been filed in Federal Court for dismissal. Next Mayor Chitman reported on the presentation of Mr. Timothy White Section 8-Housing which was made at Pre-Council. Alderman Cooper made a motion, seconded by Alderman Jackson to authorize the Mayor to respond to Mr. Suskie with HUD concerning their report on the Section 8-Housing Program in West Memphis. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen; None The motion PASSED. CITIZENS REQUESTS Lillian B. Hodges, 2007 E. Madison spoke representing the Crittenden County Chapter of the NAACP concerning the Sanitation issue. Ms. Hodges asked the City Council several questions concerning going to a private contractor and stated that they were against going to a private contractor. Larry Bishop, 403 Tulane requested permission from the City Council for the "Weeblo's" to hold a sale and car-bash at the parking lot at Food-4-Less. Alderman Morris made a motion, seconded by Alderman Guin to grant this permission. Upon voice vote of the Council, the voting was unanimous. The motion PASSED. Thomas Oliver, 516 S. 11th stated he was on fixed income and was in favor of the Sanitation staying like it is. Leona Ware, 302 N. 11th stated satisfied with present Sanitation Department. Geraldine Balbo, 405 N. 11th, stated she was against a Private Contractor. Alderman Burnett read a Press Release at this time which stated he was against going to a Private Contractor and his reasons. Various lengthy discussion was held by the Aldermen concerning the present Sanitation Department and budget. Alderman Morris made a motion, seconded by Alderman Cooper that there be a ten (10) minute recess at this time. Upon voice vote of the Council, the voting was unanimous. The meeting recessed at 2:56 p.m. and resumed at 2:56. Citizens Requests continued. Reverend Booker T. Cooper, 323 S. 17th read letter stating he felt the problem in this community was racial disharmony. Lucy Burnett, 616 S. 12th, requested to keep our Sanitation Department even if it meant paying more money. Joanna Stokes, 304 N. 11th, stated against Private Contractor. Charles McCaa, 311 N. 9th, in favor of keeping money in West Memphis. Ms. Ray Rowland, 503 Oakdale Cove, stated she didn't care if we went to a private contractor or stayed with our present Sanitation Department as long as her garbage would start being picked up more than every 10-14 days. Linda Swan, 513 Oakdale Cove, stated she just wanted good garbage pick up and for West Memphis to quit "squabbling". Next Alderman Jackson requested the agenda be changed and bring up Ordinance 01 and 02 for action at this time. Being no objections from the City Council, the order or the agenda was changed and the City Attorney read Ordinance 01 to provide for private contracting, to collect and dispose of garbage and trash, repealing ordinance no 180, and all amendments thereto, setting fees and declaring an emergency. -278- Alderman Shelton made a motion, seconded by Alderman Dalton to adopt the ordinance on its first reading only. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Dalton, Guin, Horton, Morris, Shelton, Sumpter, NAYS: Aldermen: Burnett, Jackson Alderman Cooper abstained from the vote. The Ordinance PASSED on its first reading. Next City Attorney Smith read Ordinance 0-2 an ordinance to waive ibr competitive bidding establishing an emergency to award Browning Ferris an exclusive franchise to collect and dispose of garbage. Alderman Dalton made a motion, seconded by Alderman Morris to table Ordinance 0-2 until the next meeting. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Dalton, Guin, Horton, Morris, Shelton NAYS: Aldermen: Burnett, Cooper, Jackson, Sumpter The motion PASSED. Ordinance to be placed on next City Council Meetings agenda. Next City Attorney Smith reported ACORN had contacted him and requested permission to canvass West Memphis. Discussion. Alderman Guin made a motion, seconded by Alderman Jackson to grant any organization for profit a 2-3 day permit excluding Sundays and Holidays. Discussion. Upon roll call vote of the council the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Morris, Sumpter NAYS: Aldermen; Cooper, Jackson The motion PASSED. Alderman Shelton was absent from the vote. Alderman Horton made a motion, seconded by Alderman Burnett to amend the motion to add a $25.00 permit fee. Discussion. Upon roll call vote the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Morris, Sumpter NAYS: Aldermen: Cooper, Jackson The motion PASSED. Alderman Shelton was absent from the vote. Alderman Brasfield made a motion, seconded by Alderman Morris to add to the amendment that the solicitation time be from 9:00 a.m. to 5:00 p.m. for two (2) days only excluding Sunday's and Holiday's and that only one permit be issued each year by the City Clerk's Office. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Morris, Sumpter NAYS: Aldermen: Jackson, Shelton The motion PASSED. Next item on the agenda was the correction or approval of the minutes of the November 7, 1985 City Council meeting. Alderman Sumpter made a motion, seconded by Alderman Morris to approve the minutes as presented. Upon voice vote, the voting was unanimous. The motion PASSED. OLD BUSINESS Next was the second reading of an Ordinance to waive competitive bidding establishing an emergency and for other purposes on employee health and dental life insurance. City Attorney Smith read the ordinance for the second time. Alderman Dalton made a motion, seconded by Alderman Cooper to adopt the Ordinance for the second time . Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin,Horton, Jackson, Morris, 1110€et=: NAYS: Aldermen; None The motion PASSED. Alderman Shelton was absent from the vote. -279- Alderman Morris made a motion, seconded by Alderman Burnett to suspend the rules and place the Ordinance on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Sumpter NAYS: Aldermen: None Alderman Shelton was absent from the vote at this time. City Attorney Smith read the Ordinance for the third and final time. Discussion. Mayor Chitman asked, "Shall the Ordinance Pass?" Alderman Dalton made a motion, seconded by Alderman Jackson to adopt the Ordinance for the third and final time. Upon roll call vote, the via voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter The motion PASSED. Mayor Chitman called for a motion to adopt the emergency clause, Section II. Alderman Guin made a motion, seconded by Alderman Burnett to adopt the Emergency clause Section II. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The Ordinance PASSED. The Ordinanfle;was assigned number 1232. Copy on file in the Ordinance book in the City Clerk's Office. NEW BUSINESS First item on the agenda under New Business was a Resolution (R-1) concerning ten women organizations in thier efforts to clean Broadway. Alderman Burnett made a motion, seconded by Alderman Guin, to table the Resolution until the next City Council meeting. Upon voice vote, the voting was unanimous. Resolution to be put on the next City Council meeting agenda. Next item was a Resolution for annual City Tax levy; for general purposes, 1.8 mills; for debt service,l.8 mills; and, public City Library, .4 mill. City Attorney Smith read the Resolution. Alderman Morris made a motion, seconded by Alderman Cooper to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. The Resolution was assigned number 1032. Copy on file in the Resolution book in the City Clerk's Office. Next item was a Resolution for annual tax levy for Firemen's Pension and relief fund. City Attorney Smith read the Resolution. Alderman Guin made a motion, seconded by Alderman Burnett, to adopt the Resolution. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, %di Morris, Shelton, Zumpter NAYS: Aldermen; None. The motion PASSED. The Resolution wasassignednumber 1033. Resolution on file in the Resolution book in the City Clerk's Office. Next item was a Resolution for annual tax levy for Policemen's pension and relief fund. City Attorney Smith read the Resolution. Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Ordinance. Upon roll call vote, the voting was as follows: -280- AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The Resolution PASSED and was assigned number 1034. Copy on file in the Resolution book in the City Clerk's Office. PERMISSION REQUESTS Mayor Chitman announced Rich Road opens officially at 4:00 p.m. on November 27, 1985. Mayor Chitman announced a request from the West Memphis Public School District for assistance in paying the asphalt driveway at Bragg Elementary School and West Jr. High School. He stated the City has assisted in the past with the School District furnishing the materials and the City furnishing the labor. Alderman Horton made a motion, seconded by Alderman Guin for the City to continue with the agreement with the School District. Upon voice vote of the Council, the voting was unanimous. The motion PASSED. Mayor Chitman announced the Arkansas Highway and Transportation Department requested the use of the Council Chambers in December for a Public Hearing. Alderman Horton asked if there had been any progress concerning the annexation of the Port. City Attorney Smith to have a full report at the next City Council meeting. COMMITTEE REPORTS Lease Committee - Alderman Morris reported the Lease Committee had met and he presented a plat with the survey of the property at the LR Jackson Community Center property. Alderman Morris made a motion, seconded by Alderman Burnett, to give the Mayor and City Clerk permission to execute in its present form, the contract, bill of sale, and the deed or ground lease subject to the final closing. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None Alderman Cooper abstained from the vote. The motion PASSED. Budget Committee - Alderman Morris reported the Budget Committee had met and recommended the following budget changes: PARKS AND RECREATION ADMINISTRATION Workers Comp. Ins. AC#151-408-10 Increase $450.00 Gas Permits AC#100-134-60 Increase $450.00 Alderman Morrris made a motion, seconded by Alderman Guin to approve the budget changes in the Parks & Recreation Administration Department. Upon roll call vote, the voting was as follows; AYES: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Cooper, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. PARKS AND RECREATION MAINTENANCE Workers Comp. Ins AC#152-408-10 Increase $ 925.00 Maint. Mach&Equip. AC#152-504-00 Increase $1,100.00 Binding/Printing AC#152-510-00 Increase $ 100.00 Act 9 Adm. Fees AC#100-311-50 Increase $4,150.00 Alderman Morris made a motion, seconded by Alderman Burnett to approve the budget changes in the Parks & Recreation Department. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Dalton, Guin, Horton, Cooper, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. -281- STREET DEPARTMENT Worker's Comp. Ins. AC#211-408-10 Increase $12,800.00 Maint. Building Imp. AC#211-503-00 Increase $ 3,400.00 Building Printing AC#211-510-00 Increase $ 124.00 Clothing&Linen Sup. AC#211-516-00 Increase $ 250.00 Alderman Morris made a motion, seconded by Alderman Cooper to approve the budget changes in the Street Department. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen; None The motion PASSED. Small Claims Committee - Alderman Cooper reported the Small Claims Committee had a claim from Clarence Stevenson for damages to a go-cart picked up by the Sanitation Department. The claim was first for $175.00 and then later changed to 475.00 then changed to $500.00. Alderman Cooper made a motion, seconded by Alderman Shelton, to deny this claim. Upon roll call vote the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. Sanitation Committee - Alderman Shelton reported there would be a Sanitation Committee meeting Monday November 25, 1985 at 5:30 p.m. at City Hall. Next was a lengthy discussion concerning the City Street Sweeper and the bad condition of the streets. Next Mayor Chitman announced the Christmas Parade would be December 3rd. Mayor Chitman requested the meeting be recessed until November 27, 1985 at 4:30 p.m. Wyman Morgan requested the City Council's approval to add a position in the City pay scale for a meter man for the installation, repair and maintenance of all types of electrical metering apparatus. Alderman Morris made a motion, seconded by Alderman Dalton to create a position of meterman at the 20 slot on the pay scale with the starting salary at $16,668 and topping out at $21,228.00. Discussion. Upon roll call vote, the voting was as follows: AYES: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter NAYS: Aldermen: None The motion PASSED. Alderman Morris made a motion, seconded by Alderman Horton to recess the meeting until November 27, 1985 at 4:30 p.m. Upon voice the voting was unanimous. Meeting recessed at 4:21 p.m. PASSED and APPROVED THE 5 day of 40111111111 , 198 " PPP.Leo C itman, Mayor ATTEST: r Dan r. , C. Clerk -282- Minutes West Memphis City Council November 27 , 1985 A recessed meeting of the regular November 21 , 1985 West Memphis City Council was held on Wednesday , November 27 , 1985 at 4 : 30 p . m . in West Memphis , Arkansas at City Hall , 205 S . Redding in the Council Chambers with Mayor Leo Chitman presiding . The following persons were present : Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen : William Burnett James Cooper Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter The following persons were absent : Joe Brasfield Curtis Dalton Mayor Chitman called the meeting to order at 4 : 32 p .m. Mayor Chitman stated the reason for the recessed meeting was to present the 1986 proposed budget to the City Council. After the council received the proposed budget Alderman Shelton made a motion, seconded by Alderman Morris to adjourn. Upon roll call vote, the voting was as follows: AYES: Aldermen: Burnett, Cooper, Guin,Horton, Jackson, Morris, Shelton Sumpter NAYS: Aldermen: None The motion PASSED. The meeting adjourned at 4:39 p.m. PASSED and APPROVED the .5.44t,, day %f , 1985. 444* L-. _ or ATTEST: 7 .,�r�� Dan Cr:f , C' • Clerk I