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January 22, 1970~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKAI4SAS, HELD ON THE 22ND DAY OF JANUARY, 1970. The City Council of the City of West Dtemphis, Arkansas, met in regular session at its regular meeting place i.n West Memphis, Arkansas, at 1:30 P.D1, on the 22nd day of January, 1S70. The following were present: Mayor P,ob Eden, presiding, and Aldermen: F. C. Weis, R. T. Bentley, 1;. C. Bowie, H. R. Dabbs, Pritchard Horton, C. ll. Hutcherson, C. T. Rodgers, and R. L. Smith; and City Attorney R. E. Wallin. Absent: None. The following proceedings Caere had to-wit: Dlinutes of Council Meeting on January 8, 1.970, were approved after correction of vote on the emergency clause of Ordinance ido. 623 to "Aye" by Alderman Bentley. I3r. D1. D. Deneke, Crittenden Cbunty Public Health Officer, appeared to clarify the Health Services position as to offer of Utility Building on S. Second Street for a health department facility. Ur. Deneke informed the Council the Quorum Court had authorized increase of expenditures to $32,000 for 197C, however, the County had spent $21,000 and the City $17,500 in 1964. Inasmuch as the City had not made an appropriation for 1970 due to offer of the building, finances would be needed if the building is used for repairs and providing water for treatment rooms, and additional. personnel. Dr. I~neke stated the Department would like to accept the buildng and maintain scaled-down facilities at Marion, also outlined services needed and plans for assistance to the medically indigent. Mayor Eden advised the Council a $6,000 appropriation could be considered without disturbing ovez•all figures of the Budget adopted. The Budget, an ordinance to establish a West Memphis Health Department, transfer of funds, expansion of services, repairs to the building, State and Federal participation in the health program were discussed, and the matter taken under consideration. I4ayor Eden brought to the Counr_il's attention the vacancy on the West DlenFhis Utility Commission, and requested the City Attorney to read leis opinion on filling vacancies on the Commission. .The letter was as follocas Dlayor City Council City of i~]est I•iemphis West Dtemphis, Arkansas Gentlemen: On Dionday, Jam_iary 19, 1970, I was requested by various members of the West Dtemphis City Counr_i.l, to render a legal opinion on the following, question: 1. Under the ordinances of the City of West Memphis, and specifically Ordinance No. 381, Amending Ordinance No. '292, specifying the procedure for the management and operation of the West Dtemphis Utility Commission and the procedure for selection of members of the West Memphis Utility Commission, what the procedure is for filling, vacancies on said Commission. Urdinance No. 381. of the City of West Memphis provides, in part, that the Utility Commission shall be composed of five citizens who are qualified electors of the City of West Dtemphis; that no member of the Utility Commission appointed by the City Council shall hold any elective or other appointave office under the municipal government while a member of the Commission, nor be a candidate for any elective office, city or county, while a member of the said Commission. Further, upon the expiration of the terms of office of the Commissioners appointed by Ordinance No. 381., then their successors shall be appointed by the City Council for a term of five years. However, Ordinance No. 381 specifically states in Section 2 thereof that "in the event of a vacancy, caused by death, removal or otherwise, the remaining four Commissioners shall recommend a successor to the City Council for approval to fill out the unexpired term". In this situation, it is the opinion of this office that the ordinance means exactly what it says, in that the language of the ordinance requires the Council to either approve or reject the recommen- dation of the Utility Commission. In the event the recommendation of the Commission is approved, the person so recommended and approved would succeed to the remaining unexpired term heretofore mentioned. In the event the person recommended by the Commission is rejected, it would then become incumbent upon the Commission to make another recommendation for approval or rejection by this Council and so on, until the recommendation of the Commission is finally confirmed by the City Council. It might also be noted that Ordinance No. 381 makes no provision for consideration of any person far fillin;,= a vacancy caused by death, removal or otherwise, unless said person is recommended to the City Council by the remaining members of the West Memphis Utility Commission. Very truly yours, /S/ F. I:. "SKIP" WALLIN CITY ATTUI:IdEY Recommendation of the Utility Commission for the appointment of J. 0. (Jimmie) Spotts to fill the unexpired term of P. G. Para was presented. Thereupon, motion was made by Alderman Weis, seconded by Alderman Dabbs: That accept recommendation of Utility Commission and appoint Jimmie Spotts. Upot: roll. call vote, the voting was as follocas: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, lutcherson, Rodgers, and Smith. P1o: None. tiayor Eden summarized the City's progress as to sewer project under construction and the secondary phase to he constructed. After discussion of project deadline, grants available, estimated cost, approximately $100,000 to be available frcnn existing project, and participation of Utility Commission, motion was made by Alderman Smith, seconded by Alderman Dabbs: That the Council. instruct the Mayor to authorize the Engineer to proceed with plans and specifications in compliance with Agreements caith HIJD And Stream Pollution Agency. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. ido: Nerve . The following letter from Arkansas Highway Department was read by City Attorney Wallin: Honorable R, E. (Bob) Eden Taayor City Hall West ttemphis, Arkansas 72301 _ Dear 1"tayor Eden: Please be advised that the Highway Department recently made a study to determine if signalization is warranted at the intersection of Ilighaay 70 (Broadway) and Walker Street in West Memphis. The study included 24-hour machine traffic counts for each approach and vehicular turning movements made from 7:00 to 10:00 a.m. and from 3:00 to 6:OG p.m. The Manual on Uniform 'traffic Control. Devices (adopted by the Arkansas Highway Commission) shows that the minimum volume requirement for the minor street is 75 vehicles per hour for any eight lrours of an average day to warrant signalization. The eighth highest hour occurred from 9:OU to 10:00 a.m., with only 31 vehicles. Traffic volumes do not meet the warrant requirement for signalization. In consideration of these conditions, the Department does not approve operation of a traiffc signal at this location. If: we may he of further service, please feel free to contact us. Yours very truly, Ward Goodman Director of Highways By Otha Hewitt, Chief Traffic Division btayor Eden informed the Council the following letter had been received from New Yorl: Life: December 9, 1969 The Honorable Bob Eden Mayor of the City of West Dlemphis West Memphis, Arkansas 72301 Renewal of Group Insurance Policy G-9435 Dear Mayor Eden: P.ach year we review the claims experience and other features of your plan according to the terms of your contract to help us determine the adequacy of yaur present premium rates. Lle have calculated the revised average billing rates based upon the scale of Life Insurance premium rates shown in your policy and the current age distribution of your insured employees. This revised average rate is $1.04 per monttc per $1,000. You will note that this is a reduction in your premium rate of approximately 2%. You will be pleased to know that we are able to continue your present premium rate for Accidental Death & Dismenberment. During the renecaal period (October 1, 1968 to Uctober 1, 1969) your Medical Care premium was $53,612. Your paid Medical Care claims were $43,7.13. Of course, to determine the adequacy of your rates, we must add to this a margin for expenses and the expected increase in cost of medical. care services during the coming year. As a matter of interest, the hospital semi-private room and board rate at Crittenden Memorial Hospital increased 38% over the past year from $29. to $40. In view of these factors, we find it necessary to increase somewhat the rate for Medical Care coverage. The new Medical Care rates are as follows: Employee $12.91 Dependents 19.77 The net effect of the decrease on Life Insurance and increase on Piedical Care Insurance is approximately 14%. 'f his means that assarning the City continues to pay the employees' insurance cost, the City's share of the premium increase would amount of $375. per month. The increase in premium for the employees who have dependents would be $.60 per week. This increase in rates would become effective February i, 1970. The New York Life has just developed a new benefit which is now available to groups such as yours which the City might want- to consider adding to their. program. I have attached some pages which describe this Accident Aledical Insurance benefit. This benefit would greatly increase the effectiveness and the coverage of your plan on claims as the result of an accident. The premium for this nera benefit would be: Emplc}>ee $.85 per month Dependents $1..40 per month If you have any questions regarding this letter or any aspect of your plan, please let me know. Sincerely, J. Ibuglas Sauls Group Manager Copy to Mr. Fred 41. Owen ~Yi: icy-;::; ~~ After discussion, motion was made by Alderman Weis, seconded by Alderman Dabbs: That City continue with ?dew York Life Hospital Policy as presented. Upon vote, the voting was as follows: Aye: Aldermen: T~~eis, Bentley, Bowie, 1}abUs, ilorton, Hutcherson, Rodgers, and Smith Ilo: None. 1•ir. Earl Bruce requested permission to place a trailer in bacicyarct at house under construction at 27.1 W. Oliver in order that- his son's family might assist him in taking care of his wife, who is iil. Mr. Bruce stated his son lives next door to him at present, but has been unable to find a house in the vicinity of the new location. After discussion, Mr. Bruce was requested to secure written permission from neighbors and present on February 5, 1970. City Attorney Wallin informed the Council subsequent to ruling of Judge John Mosby as to establishing the Wards in West Diemphis an ordinance entitled " An Ordinance To Provide For T'he Election Of Aldermen By Wards According To Act 45 Of The 1969 Acts Of Arkansas; And For Other Purposes" had been prepared £or consideration. The ordinance was read, and upon roll call vote, the voting was as f-oll ows: Aye: Aldermen: Weis and Dabbs. No: Aldermen: Bentley, Bowie, Norton, Hutcherson, kodgers, and Smith. The t2ayor announced the ordinance defeated on first reading. City Attorney Wallin read letter of resignation of Mayor Eden as follows: January 22, 1970 City Council. City of West Memphis West Memphis, Arkansas Gentlemen: With 1970 beginning a new decade, let me take a moment to recall that over the past 20 years, our community has grown from infant to adulthood, from town to city. West Memphis has entered the 70's with an abundance of good people, industry, civic interest, pride and certainly by no means last, stable municipal fiscal policy. Some of us have been fortunate enough to have been a part of this growth and development during this time, and we are proud of our City and the part we have played in helping to build a community where public resources and funds have combined with local government to give us better jobs, better facilities, more public services, lack of racial strife and all of this while living within our means instead of slowly advancing into financial decay as have so many other cities across this country. Quite frankly, I can assure you that in the nearly 2G years that I have participated in local government, and particularly during the years of my administration, these goals have been achieved by long hours, hard work and most essential., the cooperation and efforts of many people working together to build a better place, for us to live in. l+fy point in all this being that in the coming year, with our city on the road of progress, that each of you will give that effort, courage, patience and cooperation in the performance of your job that is essential to continued progress and good government. 1 would like to add that it has been my honor and privilege to have been your Mayor over most of the past decade and to report that most of the programs which I have sponsored during this time have been implemented or at least are underway, but I want to emphasize that without co-operation, those remaining will. never bear fruit. So, It is with an overall feeling of pride and achievement that I now tell you that I am returning to private business and submit to you my official resignation as Mayor of the City of West t•lemphis, effective as of this time. Very truly yours, BOB EDEN Mayor City of West Memphis (A recess coas declared) B EDEN, MAYOR. 1i~W Upnn the Council reconvening, motion was made by Alderman Smith, seconded by Alderman Weis: That Alderman R. C. Bowie be elected President Pro Tempore. Upon roll call vote, the voting was as follows: Aye: Aldermen: Ideis, Bentley, Dabbs, Horton, Hutcherson, Rodgers, and Smith. No: None. Alderman Bowie abstained from voting. Ftotion was made by Alderman Horton, seconded by Alderman Smith: That City Attorney Wallin he requested to draft l:esolution in appreciation l-o Mayor Eden for services to community. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Dabbs, Hortcn, Hutcherson, Rodgers, Smith, and Bowie. No: None. During the discussion of procedures for conducing the City's business and. election of a Mayor, it was consensus of opinion that the President Pro Tempore and City Attorney confer and a Special Fleeting tie called when ttte information is available. (~ /rC~e-s.c.Yc. c__.. P. C. BOW1E, PRESIDENT PRO TEFIPURE J `J~ A EST :~ee.'~~~m`-/'yL'---~z=l~ CITY' ~Rb: APPI20VE1): FEB1;1Jt11~Y 5, 1970