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December 18, 1986 -161- MINUTES WEST MEMPHIS CITY COUNCIL DECEMBER 18, 1986 A regular meeting of the West Memphis City Council was held on Thursday, December 18, 1986 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Mayor Leo Chitman presided. Mayor Chitman called the meeting to order at 1:35 p.m. City Clerk Dan Craft called the roll. Those present were: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Aldermen: Doug Morris Mike Hardage Roger Sumpter Joe Brasfield Bill Burnett James Cooper Al Boals Clarence Guin Pritchard Horton Roberta Jackson First item on the agenda was Bid Openings. Bids for the Administration Building for the Sewage Treatment Plant were opened by Pat Magruder, Jr. and read by City Attorney Smith. BIDDER BASE BID TIME OF COMPLETION Burnett Construction Wynne, AR $170,000 180 Days Heath & House Construction West memphis, AR $158,500 180 Days Roeder Construction Earle, AR $176,000 180 Days James Taylor & Son Crawfordsville, AR $148,700 180 Days Alderman Morris 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 voice vote of the City Council, the voting was unanimous. Next, bids for the Dental Insurance for the City of West Memphis were opened by Wyman Morgan and read by City Attorney Smith. BIDDER EMP. COV. DEPENDENT COV. FAMILY COV. Delta Dental Plan of Ark. $ 8.40 $21.50 $29.90 Little Rock, AR Milton Godwin Ins. Agency $11.16 $24.77 $35.93 Deer Park, TX Blue Cross Blue Shield $11.72 $26.05 $37.77 Little Rock, AR tow Alderman Boals made a motion, seconded by Alderman Burnett to accept the bids and refer them to the Insurance Committee for review and disposition. Upon voice vote of the Council, the voting as unanimous. Next prayer was offered by Reverend Norman McDonald. At this time pictures of the City Council were made by Don Christian. Next on the agenda was a presentation from Mr. Bill Johnson concerning entering into a contract with AP&L to purchase peakage power. Alderman Moris made a motion, seconded by Alderman Burnett to enter into the contract with P&L and authorize the Mayor to sign the contract. Upon roll call vote, the voti g was: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: None -162- The motion carried. CITIZENS REQUESTS James Hightower directed a civil disagreement between he and Alderman Cooper. Next on the agenda was the correction or approval of the minutes of the City Council meeting of December 4, 1986. Alderman Burnett made a motion, seconded by Alderman Guin to accept the minutes as presented. Upon voice vote of the Council, the voting was unanimous. OLD BUSINESS First item under Old Business was a Resolution that the car allowance and salary for the Fire Chief be combined. Alderman Burnett made a motion, seconded by Alderman Guin to remove this Resolution from the agenda. Upon voice vote, the voting was unanimous. Next item under Old Business was an Ordinance to combine the car allowance and salary for the City Treasurer, Aubrey Holt on the emergency clause. Alderman Jackson made a motion, seconded by Alderman Morris to accept the Ordinance. City Attorney read the Ordinance. Alderman Morris made a motion seconded by Alderman Jackson to accept the Ordinance on its first reading. Upon roll call vote the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Guin, Jackson NAYS: Aldermen: Boals Alderman Horton was absent from the vote. The motion carried. Alderman Hardage made a motion, seconded by Alderman Cooper to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper Guin, Jackson NAYS: Aldermen: Boals Alderman Horton was absent from the vote. The motion carried. City Attorney Smith read the Ordinance for the second time. Alderman Morris made a motion, seconded by Alderman Hardage to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Guin, Jackson NAYS: Aldermen: Boals Alderman Horton was absent from the vote. The motion carried. City Attorney Smith read the Ordinance for the third and final time. Discussion. Alderman Boals stated he felt if the City Council does this for one person they should do it for all. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Cooper made a wji motion, seconded by Alderman Guin to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Guin, Jackson NAYS: Aldermen: Boals Alderman Horton was absent from the vote. Alderman Morris made a motion, seconded by Alderman Cooper, that the Emergency Clause, Section 3 be adopted. Upon roll call vote the voting was as follows: 163- AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Guin, Jackson NAYS: Aldermen: Boals Alderman Horton was absent from the vote. The motion carried. Ordinance was assigned No. 1271.(Car allowance,treasurerl Next was a permission request from Mayor Chitman for a financial audit o the City's business transactions for the year 1986. Discussion. Alderman Horton made a motion, seconded by Alderman Morris to continue to use the State audit but request that the state conduct their audit as early as possible. (Letter imp of request from the Mayor to the City Council attached) Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: None The motion carried. Next Mayor Chitman announced three appointments to the Parks and Recreation Commission which replaced the terms of Boals, Boyce and Dorsey. The appointm-nts were: Mrs. Shirley Higgins, 605 S. 11th, Mr. Arthur Jackson, 202 S. 11th, an. Mr. Robert Smith. Alderman Burnett stated for the record that this commission meet as regulated by ordinance and that Mayor-elect Ingram appoint a liason between the Park Commission and the City Council. Alderman Burnett made a motion, seconded by Alderman Guin to approve the appointment of the three members to the Park Commission. Discussion. Alderman Burnett called from the question. Voice ote was held to end disucssion. The voting was unanimous. Roll call vote to approve the appointments was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, liw Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: None Next Mayor Chitman appointed the following members to the Auditorium Co ission: Ella Leigh Fairley, Willie Bruce, Sarah Joplin, and Gloria McCain. Alderman Guin made a motion, seconded by Alderman Jackson to approve the appointments. Up.n roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: None The motion carried. NEW BUSINESS First item under New Business was an Ordinance amending Ordinance No. 1 62, by increasing the monthly sanitation rates, effective January 1, 1987 for ap.rtment buildings, central pick-up, each apartments, and dumpsters; repealing all ordinances in conflict, declaring an emergency and for other purposes. City Attorney Smith read the Ordinance. Alderman Guin made a motion, s: conded by Alderman Horton to approve the Ordinance on its first reading. Upon roll call vote, the voting was as follows: AYES: ALDERMEN: Hardage, Sumpter, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: Brasfield Aldermen Morris and Burnett were absent from the vote. The motion carried. Alderman Hardage made a motion, seconded by Alderman Boals that the rules be suspended and the Ordinance be placed on its second reading. Upon roll call vote the voting was as follows: -164- AYES: Aldermen: Hardage, Sumpter, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: Brasfield Aldermen Morris and Burnett were absent from the vote. City Attorney Smith read the Ordinance for the second time. Alderman Cooper made a motion, seconded by Alderman Jackson to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: ALDERMEN: Hardage, Sumpter, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: Brasfield Aldermen Morris and Burnett were absent from the vote. ujiCity Attorney Smith read the Ordinance for the third and final time. Discussion. Alderman Guin stated for the record there needed to be additional work on the Ordinance and asked that the incoming Sanitation Committee come up with a rate not as inequitable. Alderman Horton requested that this be done within (90) days and asked for a verbal commitment from the Aldermen that will be returning 1987. A show of hands showed their commitment. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Cooper made a motion, seconded by Alderman Burnett to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: Brasfield Alderman Morris made a motion, seconded by Alderman Burnett that the emergency clause, Section 3 be adopted. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: Brasfield The motion carried. Ordinance was assigned No. 1272. (Garbage commercial rates) Next item under New Business was an Ordinance to amend Ordinance No. 202, Section two, duties of the City Attorney, declaring an emergency and for other purposes. City Attorney Smith read the Ordinance. Alderman Burnett made a motion, seconded by Alderman Morris to accept the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Burnett, Cooper, Boals, Horton, Jackson NAYS: Aldermen: None Alderman Guin was absent from the vote. Alderman Burnett made a motion, seconded by Alderman Boals to suspend the rules and the Ordinance be placed on its second reading. Upon roll call vote the voting was : AYES: Aldermen: Morris, Hardage, Sumpter, Burnett, Cooper, Boals, Horton, Jackson NAYS: Aldermen; None Alderman Guin was absent from the vote. City Attorney Smith read the Ordinance for the second time. Alderman Burnett made a motion, seconded by Alderman Boals to further suspend the rules and the Ordinance be placed on its third and final reading. Upon roll call vote, the voting was as follows: AYES: Aldermen; Morris, Hardage, Sumpter, Burnett, Cooper, Boals, Horton, Jackson NAYS: Aldermen: None Alderman Guin was absent from the vote. City Attorney Smith read the Ordinance for the third and final time. -165- Discussion. Mayor Chitman asked "Shall the Ordinance Pass?" Alderman Burnett made a motion, seconded by Alderman Boals to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Guin, Horton, Jackson NAYS: Aldermen: None Alderman Morris made a motion, seconded by Alderman Boals to adopt the emergency clause, Section 3. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Guin, Horton, Jackson ther NAYS: Aldermen: None The motion carried. Ordinance was assigned No. 1273. (Duties of City Attorne ) City Council requested Ms. Early, Secretary send copy to the new City Attorney. Next item under New Business was a Resolution drafting a Bill for an Act to be entitled "An Act to permit Aldermen, City Clerks, and Clerk/Treasurers to retire at age 60 after 10 or more years of service; and, for other purposes. City Attorney Smith read the Resolution. Alderman Burnett made a motion, seconded by Alderman Jackson to adopt the Resolution. Discussion. Upon voic• vote, the voting was unanimous. Resolution was assigned No. 1087. Ms. Early to send copy to State Legislators. PERMISSION REQUESTS Mayor Chitman requested permission to pay a bill in the amount of $52,29. .00 to Choctaw, Inc. for a bucket truck. Alderman Burnett made a motion, seconde. by Alderman Morris to authorize this payment. Upon voice vote, the voting was unanimous. Mayor Chitman requested permission to pay a bill in the amount of $34,604.73 ikto to Cameron Construction Company. Alderman Guin made a motion, seconded by Alderman Burnett to authorize this payment. Upon voice vote, the voting was unanimou . Alderman Guin publicly thanked the people in Ward One for their cooperation in his term as Councilman. Mayor Chitman asked that the out-going Aldermen and City Attorney be pr:sent at the next City Q.ouncil meeting for a special presentation. Alderman Burnett made a motion, seconded by Alderman Jackson that the n:xt formal City Council meeting of January 1, 1987 be moved to the following Thuisday, January 8, 1987 . Discussion. Alderman Burnett withdrew his motion, Alderma Jackson withdrew her second. COMMITTEE REPORTS Alderman Morris stated the Budget Commits had met and had the followin: budget requests : Fire Department ACCOUNT ACCOUNT NO. INCREASE/DECREASE AMOUNT Maintenance- 142-503-00 X $1,300.00 Act 9 -Adm. Fees- 100-311-50 X $1,300.00 Alderman Morris made a motion, seconded by Alderman Burnett to approve the budget request for a gas heater at Fire Station No. 4. Upon voice vote, the voting was unanimous. Alderman Guin asked to be excused at this time. 1 City Attorney ACCOUNT ACCOUNT NO. INCREASE/DECREASE AMOUNT Workers Comp. Ins. 114-408-10 X $ 7 .00 Communications 114-501-00 X $1,75 .00 Office Supplies 114-512-00 X $ 75 .00 Real & PP Taxes-Current 100-311-10 X $2,57 .00 -166- Alderman Morris made a motion, seconded by Alderman Burnett to approve the budget change in the City Attorney's Office. Upon voice vote, the voting was unanimous. Alderman Burnett stated there would be a Public Works Committee meeting immediately following the City Council meeting and asked all members of the City Council to attend. Mayor Chitman stated the 180 day dead-line from EPA was the end of December. Ald. Burnett made a motion, seconded by Alderman Jackson to authorize Mayor Chitman to request for a 180 day extension of disposing of solid waste to the Arkansas Department of Pollution Control & Ecology. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Horton, Jackson. NAYS: Aldermen: None The motion carried. Alderman Sumpter reported he had written a letter to Congressman Alexander concerning a request for Federal funding to clean out the 10 and 15 Mile Bayous. Mayor Chitman stated he had received requests from City Employees for the Christmas holiday to be changed from December 24th and 25th to December 25th and 26th so that they would be off on Thursday and Friday instead of Wednesday and Thursday. City Council agreed the Personnel manual would have to be amended due to holidays being set up by Ordinance. Alderman Morris made a motion, seconded by Alderman Burnett to adjourn. Upon roll call vote, the voting was as follows: AYES: Aldermen: Morris, Hardage, Sumpter, Brasfield, Burnett, Cooper, Boals, Horton, Jackson NAYS: Aldermen: None The motion carried. The meeting adjourned at 3:45 p.m. PASSED and APPROVED this day of Jit 1987. 9 AA MAYO' KEIT INGRAM ATTEST: i / / / 'I' v i C 'Y - - :,,,DAN CRAFT City of ' V Elt ��£I"I2/2I J c.9fff:c. o f EfiE 205 ,Sout/ e�£ddEn — est e/l'�em��ZLs, c.42kansas 72301 (5D1) 735-2720 4 K •-'y� V\ �K`Moy 1'coaitman MEMORANDUM �ayo2 TO: WEST MEMPHIS CITY COUN'IL MEMBE'S FROM: MAYOR L'S CHITMAN DATE: DECEMBE' 18, 19:. e RE: FINANCIAL AUDIT The Mayor request the West Memphis City Council appropriate sufficient funds and have conducted a Certified Public Audit of the City's business transactions for the year, 1986, in order to ascertain that financial trans- actions of the City of West Memphis have been carried out in an appropriate manner as related to accounting principles as submitted by the Mayor. This request serves as a matter of clearance for the Mayor whose term has expired as well as a beginning for the Mayor-Elect. 4 Shpvon E9ua1 CD121aoatuntty EmlaLoyet