July 3, 1986 -91-
MINUTES
WEST MEMPHIS CITY COUNCIL
JULY 3, 1986
The regular meeting of the West Memphis City Council was held Thursday,
July 3, 1986 at 1:30 p.m. in the City Council Chambers, 205 S. Redding, West
Memphis, Arkansas with Mayor Leo Chitman presiding.
City Clerk Dan Craft called the roll and the following persons were
present:
Mayor Leo Chitman
City Attorney Robert Smith
diw City Clerk Dan Craft
Aldermen:
Pritchard Horton
Roberta Jackson
Doug Morris
Roger Sumpter
Joe Brasfield
Bill Burnett
James Cooper
Al Boals
Clarence Guin
Absent:
Larry Shelton
Prayer was offered by Reverend James Cooper, Beautiful Zion M.B. Church,
West Memphis, AR.
The first item on the agenda was presentations.
Attorney Jim Richey, representing Builders Transport Company requested
the City Council adopt a Resolution for redemption of bonds for Builders
Transport. The Resolution was introduced and read by City Attorney Robert Smith.
ift0Alderman Morris made a motion, seconded by Alderman Burnett to adopt the
Resolution. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
Cooper, Boals, Guin
Nays: Aldermen: None
The motion carried. The Resolution was assigned No. 1055. (Copy on file in
the City Clerk's Office. )
The next presentation was Mr. Michael Drake representing Arkansas
Governmental Advisory Services, Little Rock, Arkansas. He asked the Council
for permission to defease the outstanding Single Family Mortgage Revenue Bonds
issued by the West Memphis Residential Housing Facilities Board entitled the
1979 A Series Single Family Mortgage Revenue Bonds. There was a lengthy
discussion concerning this presentation. During the discussion, Alderman Cooper
made a motion, seconded by Alderman Sumpter to pass a tentative agreement for
ninety (90) days to allow Mr. Drake permission to do the defease study for
West Memphis and after that time come back with fact finding research and the
Council will decide whether to reject or accept the plan. Upon roll call vote
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the voting was as follows:
AYES: Aldermen: Jackson, Morris, Sumpter, Burnett, Cooper, Boals, Guin
NAYS: Aldermen Horton, Brasfield
The motion carried.
During the discussion, Mr. Drake informed the Council that if the Council
accepts the data, all expenses for the data to be paid for by the City and
if not, the City will not be liable for any expenses incurred.
Next Mayor Chitman requested permission to sign a contract for a copy
machine to be used at City Hall. Representative from Corporate Copy who
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sells Ricoh Copiers was present and handed information about their
copier to the City Council. Alderman Boals made a motion, seconded by
Alderman Guin to authorize Mayor Chitman to negotiate a contract for a
copy machine.
Alderman Sumpter made a motion, seconded by Alderman Brasfield to amend
the motion recommending Mayor Chitman sign the contract with Ricoh. Upon
roll call vote of the amendment, the voting was as follows:
AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Cooper,
Boals, Guin
NAYS: Aldermen: None
PASS: Aldermen: Burnett
The motion carried. Next roll call vote was taken on the original motion
with the amendment:
AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Cooper,
Boals, Guin
NAYS: Aldermen; None
PASS: Aldermen: Burnett
The motion carried.
CITIZENS REQUESTS
Bert McElroy was present to inform the Council of his intention of
opening a business at 1115 E. Broadway to provide young people of our
community a total entertainment center specifically designed to create a
controlled atmosphere of entertainment and social value. City Council
informed Mr. McElroy that as long as he met all codes they had no
problem with his intentions.
Next item on the agenda was the correction or approval of the
minutes of the June 19, 1986 City Council meeting. Alderman Morris
made a motion, seconded by Alderman Boals to approve the June 19th, 1986
minutes. Upon voice vote of the council, the voting was unanimous.
OLD BUSINESS
First item under Old Business was the third reading of an Ordinance
providing for levy of a local sales and use tax of 1% of the retail sales
within the City of West Memphis, Arkansas. City Attorney Smith stated
Bill Fleming, Chief Council of Municipal League suggested we postpone
voting on the sales tax at the General Election and have a Special Election
on December 2nd, 1986. Discussion. City Attorney stated there were changes
needed on the Sales Tax Ordinance. The following amendments were made to
the Ordinance:
1. In the heading after the word "Arkansas", the following is deleted:
"PROVIDING FOR THE REBATE OF TAXES IN EXCESS OF TWENTY-FIVE DOLLARS
($25.00) PAID TO THE CITY OF WEST MEMPHIS ON A SINGLE TRANSACTION"
2. In the second paragraph in the WHEREAS Clause, the words--"As
Amended" are inserted in the second line after the numbers -- 1981.
3. In the paragraph marked SECTION 1" -- the words-- "As Amended"
are inserted after the numbers -- 1981.
4. In the same Section 1, there is added the following:
"subject to the maximum of $25.00 for a single transaction."
5. Regarding Section 2, delete the entire paragraph.
Alderman Cooper made a motion, seconded by Alderman Burnett to consider
the Ordinance as amended. Upon roll call vote, the voting was as follows:
AYES: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
Cooper, Boals, Guin
Nays: Aldermen: None
The Motion carried.
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City Attorney Smith read the Ordinance as amended for the third and
final time. Discussion.
Alderman Cooper made a motion, seconded by Alderman Burnett to
adopt the Ordinance as amended on its third and final reading. Upon roll
call vote, the voting was as follows:
AYES: Aldermen; Jackson, Morris, Burnett, Cooper, Boals
NAYS: Aldermen: Horton, Sumpter, Brasfield, Guin
Mayor Chitman voted AYE at this time. The motion PASSED. Ordinance was
assigned No. 1253. Copy on file in the City Clerk's Office.
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NEW BUSINESS
First item under New Business was a resolution of the City Council of
the City Of West Memphis Arkansas, approving the statement of Community
Development objectives and pr.,jected use of funds for the third year
entitlement increment of the Community Development Block (CDBG) Program
making certain required certifications to the U.S. Department of Housing and
Urban Development and authorizing the Mayor to submit the program materials
to the U.S. Department of housing and Urban Development, Little Rock Area Office.
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: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
;Cooper, Boals, Guin
Nays: Aldermen: None
The Motion carried. Resolution was assigned No. 1056. Copy on file in the
City Clerk's Office.
imo Alderman Jackson and Alderman Cooper left the meeting at this time.
Mayor Chitman requested authorization to sign the contract with TVA
concerning the changing out of the Fire Department's radio system. Alderman
Boals made a motion, seconded by Alderman Burnett to grant the request of
Mayor Chitman to sign the contract. Upon voice vote, the voting was unanimous.
Mayor Chitman stated the City Clerk's Office requested City Council
approve the request of permission to destroy records. Alderman Guin
made a motion, seconded by Alderman Burnett to grant authorization to
destroy records with Alderman Brasfield to witness the destruction. Upon voice
vote, the voting was unanimous. (Copy attached)
Next item was a budget request from Municipal Court.
ACCOUNT ACCOUNT NUMBER INCREASE/DECREASE AMOUNT
Regular Salaries 143-401-00 x $1,125.00
Social Security 143-405-00 x $ 100.00
Alderman Burnett made a motion, seconded by Alderman Guin, to grant the
budget request from Municipal Court. Upon voice vote, the voting was unanimous.
Mayor Chitman advised Mr. Cleon Brown, Street Department Supt. , advised
the Street Department was in need of a new pick-up truck. Alderman Burnett
made a motion, seconded by Alderman Horton, to authorize Mayor Chitman advertise
for bids on a new 6 and 8 cylinder truck for the Street Department. Upon voice
vo,e, the voting was unanimous.
Mayor Chitman announced the Planning Commission Public Hearing date would
be July 30, 1986 at 7:30 p.m. at City Hall to discuss the new Comprehensive Plan
and urged all members of the City Council to be present.
Mayor Chitman stated the City had received $68,432.47 from Southland
Racetrack to be distributed to the Girls Club and the Girl Scouts. Alderman
Boals made a motion, seconded by Alderman Morris to distribute the funds
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the sames as last year which was:
L.R. Jackson 46.6
J.W Rich 46.6%
W.M. Girl Scouts 6.8%
Discussion. Upon voice vote, the voting was unanimous. Quarterly reports
were discussed. Alderman Guin made a motion, seconded by Alderman Burnett
to expunge the records of the last motion. Upon voice vote, the voting was
unanimous.
Alderman Guin made a motion, seconded by Alderman Burnett to table the
distribution of funds until the next council meeting to determine whether
uilor not the Ordinance has been complied with by the organizations. Upon voice
vote, the voting was unanimous.
Alderman Horton stated something needed to be done concerning faulty
alarm systems at several locations in the City. Matter referred to the Police
Commission.
COMMITTEE REPORTS
Alderman Guin stated one of the Utility Commission members, Ms. Renfroe,
term had expired and she needs to either be re-appointed or someone else needs
to be appointed in her position at the next City Council meeting.
Alderman Guin, Sanitation Committee Chairman , made a motion, seconded
by Alderman Burnett, the Sanitation Committee recommends the Mayor notify
Judge Williams of our intent to use the County Landfill. Discussion. Upon
voice vote, the voting was unanimous.
Alderman Guin made a motion, seconded by Alderman Burnett the Sanitation
Committee recommends Mayor Chitman make the following changes in the Sanitation
Department on a trial basis, beginning July 7th,Monday- that all rear loader
el/garbage trucks on their regular garbage routes, pick up bagged and boxed trash
on the curb and then Tuesday - Friday return to their regular garbage routes
from 7:00 a.m. - 11:00 a.m. and 12:00 p.m. - 4:00 p.m. and also recommends the
City Shop start repairing commercial dumpsters. Upon voice vote, the
voting was unanimous.
Alderman Sumpter reported on the possibility of the City using a parcel of
land for a Class 4 landfill. He stated EPA was to send an application to us for
a Class 4 Landfill permit.
Alderman Sumpter made a motion, seconded by Alderman Brasfield to put a
freeze on hiring any Sanitation employees until further notice. Discussion.
Upon roll call vote, the voting was as follows:
AYES: Aldermen: Horton, Morris, Sumpter, Burnett, Brasfield
NAYS: Alderman: Boals, Guin
Mayor Chitman voted NAY. The motion FAILED.
Alderman Burnett, Chairman of the Public Works Committee made a motion,
seconded by Alderman Horton, to request Mayor Chitman take bids on selling
the Street Department Parking Lot Sweeper and that the money be put in
capital improvements fund account. Upon voice vote, the voting was unanimous.
Next annexation of the Port property and the Sewer Treatment Plant was
discussed.
Having no further business of the Council, Alderman Sumpter made a motion,
seconded by Alderman Burnett to adjourn. Upon roll call vote, the voting was
as follows:
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AYES: Aldermen: Horton, Morris, Sumpter, Brasfield, Burnett, Boals, Guin
NAYS: Aldermen: None
The motion carried. The meeting adjourned at 5:10 p.m.
PASSED and APPROVED this (/7414 day of ://); , 1986.
IN. 111111111.IP
AYIR LEO CHITMAN
ATTEST:
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CITY RK DAN CRAFT