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November 20, 1975155 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON NOVEMBER 20, 1975• The City Council of the City of West Memphis, Arkansas met in regular session at the Council Chamber, City Hall in West Memphis, Arkansas, at 1:30 o~clock p.m. on the 20th day of November, 1975. The following were present: Mayor Joyce Ferguson presiding; and Aldermen: J. C. King, Tilden Rodgers, R. T. Bentley, R. 5. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, A. 0. Holt, and Pritchard Horton. Absent: None. Alderman Rodgers offered prayer. Alderman Grimsley, seconded by Alderman. King moved that accept minutes of November 6, 1975, as included in the packet. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay : None . Alderman Dickerson, Chairman of the Sanitation Committee, reported rails are being placed on sanitation trucks on the sides to assist the men in staying on trucks and protection in case of an accident, also safety meetings are to be held once a month. Alderman Bentley, Chairman of the Budget Committee, advised an oversight had been made in pay scale in 1967 and adjustment of $2,298.07 should be made. After consideration, Alderman Bentley, seconded by Alderman Cosgrove, moved that amend this years budget $2,298.07. Upon vote, the voting was as follows : - - Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, ~i.ckerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None. ~derman Bentley, Chairman of the City Hall Building Committee, reported plans are being made with the assistance of several civic organizations for landscaping of the civic complex, and information for bidding on the project will be presented at the next Council Meeting. Also, $00.00 had been spent for plants, fixtures, and decorations of the $3,000.00 City Hall miscellaneous expense fund. Budget Committee meeting was announced for 5:00 p.m. November 25, 1975• City Attorney Smith read a resolution pertaining to the Council going on record as favoring the granting of authority to the Arkansas Racing Commission to authorize seventy (70) additional racing days to franchise holders and the Legislative Delegation, representing Crittenden County, and the Governor of the State of Arkansas requested to take such action as may be necessary to obtain the passage and approval of Ser~ete Bill ~.l~9. Alderman ~osgrp~'e, .se~cond~c~~by -. ~d~-~a~ ~ ~~.~,-_ ~to~ned ~t~ -tie r~so~i~it~an~ bed°a~d~~;d;i ~. ,~.de_~r~r~.~:;r RQ;~~~ . .~ . _, r!~~e~e~,:~i,~~ ~p~~~ : tw.~=. adoptr~' ® ~~ ~~L~ , ~~;c~- ~Po~= ~n :c~,tyni~~cing mod. tie problsmay involved, and moved to table the resolution. The motion to table was seconded by Alderman Rodgers. The question was put by the Mayor on the adoption of the motion to table the resolution, and the roll being called, the following voted: Aye: .Aldermen: King, Rodgers, Bentley, Hightower, Holt. Nay: Aldermen: Cosgrove, Dickerson, Grimsley, Harris, and Horton. City Attorney Smith announced the motion did not pass as required six votes to pass. A recess was requested by the City Attorney to confer with the Ma~ror. The Mayor called the meeting to order, and announced the City Attorney had ruled the Mayor must break the tie vote. Thereupon the Mayor voted Nay to the motion to table . 156 Consideration of the motion to adopt the resolution was as follows: Mr. Lloyd Britt, 1911 Scottwood, spoke in opposition to the resolution. Mr. Curtis Shatley, 608 Arlington, presented Petition signed by 212 citizens of the city. The Petition stated; "We, the undersigned, do hereby object to any additional Southland .Greyhound Racing Days, and i.n fact, would be in favor of a referendum or other legal means to abolish pars-mutuel gambling in the city of West Memphis. It is our feeling that God, not money, is our Authority and respectf~il.ly request that our governing body and citizens submit themselves to 2 Chronicles ?:1.1.~ - "If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.~~ (Petitions filed} Mr.. Harry W. Lesco, 81? Pryor, spoke in opposition to the resolution. Upon inquiry as to additional revenue from the ?O additional days, the president of Southland, Mr. Aubrey Spear, estimated approximately $200,000. There being no farther discussion, the question was put by the Mayor on the adoption of the resolution and the roll being called, the following voted: ~: Aldermen; King, Cosgrove, Dickerson, Grimsley, Harris, and Horton. Nay: Aldermen: Rodgers, Bentley, Hightower, and Holt. Upon the question of conflict of interest as to Alderman Horton voting on the matter, the City Attorney ruled if anybody is merely an employee not working as an executive would not be a conflict of interest. The Mayor announced the resolution passed, the resolution given No. 551 read as follows: RESOLUTION N0. 551 WHEREAS, the City Council of the City of West Memphis has heretofore adopted Resolutions concerning Senate Bill 1l~9 sponsored by Senator W. K. Ingram; and. WHEREAS, after further consideration, it appears that the Bill is permissive in nature and does not mandatorily require the extension of the present greyhound racing dates, but leaves that determination to the Arkansas Racing Commission; and WHEREAS, if the Arkansas Racing Commission makes the determination that greyhound racing should be p®rmitted over an extended period, it will increase revenues to the City of West Memphis and the State of Arkansas and further add stimulus to the economy of West Memphis; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of West Memphis hereby goes on record as favoring the granting of authority to the Arkansas Racing Commission to authorize seventy (?0) additional racing days to franchise holders. BE IT FURTH~ R RESOLVED, that the Legislative Delegation representing Crittenden County, and the Governor of the State of Axkansas is hereby requested to take such action as may be necessary to obtain the passage and approval of Senate Bill 1~9 by Senator Ingram during the extended session of the Arkansas General Assembly which is to convene in January, 1976. BE IT FURTHER RESOLVED that a copy of this Resolution be-delivered to each member of the Crittenden County delegation and the Office of the Governor of the State of Arkansas. Alderman Rodgers moved that record the vote when copies of resolution sent. The motion died for lack of a second. 15'7 Mayor Ferguson presented recommendation of the Housing Authority that William G. Thomas be reappointed. Motion was made by Alderman King, and seconded that William G. Thomas be appointed as a member of the Housing Authority. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay : None . Permission to advertise for bids for janitor service at the City Hall was requested. Alderman King, seconded by Alderman Cosgrove, moved that advertise for bids for janitor service at the City Hall. Upon vote, the voting was as follows : i Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None. Mayor Ferguson appointed a committee of Aldermen Dickerson, Horton, and Harris to prepare specifications for the bid. Request to advertise for bids for the Airport Park Development was presented. Alderman Rodgers seconded by Alderman Cosgrove, moved that advertise for bids for Airport Park Development. During consideration of the motion Lee Cramer advised the bids would be for phase 1. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None. Request for permission to waive bids to purchase record cabinets for the Utility Department was discussed with P. G. Para, who informed the Council used cabinets had been found. Alderman Bentley, seconded by Alderman Grimsley, moved that postpone purchase. Upon vote, the voting was as follows; ape: Aldermen: King, Rodgers, Bentley, Cosgrove, 'Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None . Mayor Ferguson brought to the Councilis attention a resolution pertaining to General Revenue Sharing that had been discussed at the Arkansas Municipal League Convention was not on the agenda. Alderman Holt, seconded by Alderman King, moved. the rule be waived and the resolution considered.--Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None . City Attorney Smith read the resolution. Alderman Rodgers, seconded by Alderman Holt, moved that the resolution be adopted. Upon roll call vote, the voting was as follows: aye: Aldermen: King, Rodgers, Bentley, Cosgrove, ~.ckerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None. The resolution read as follows: i ~g . :ION NO. 552 G~NF.RAL REVENUE BRAKING WHEREAS, General Revenue Sharing was enacted as a 5-year program and will expire December 31, 1976; and WHEREAS, the reenactment of General Revenue Sharing is necessary to allow the towns and cities of Arkansas to continue ftiirnishing necessary and essential public services; and, ' S, General Revenue Sharing should be reenacted as soon as possible so that towns and cities can have adequate time to properly prepare their budgets in order that Revenue Sharing and other public funds can be wisely spent, NOW, THEREFORE, BE ~;T SOLVED BY THE WEST N~+IPHIS CITY COUNCIL That the spirit of the Federal Revenue Sharing Program, encompassing as it does the idea that decision making on public expenditure programs on local matters can best be handled by local officials and taxpayers, is healthy. For that reason, the City Council endorses continuation of the Federal Revenue Sharing program. We believe that it should be a continuous program. However, upon reenactment, we would urge Congress to consider changing the definition of ('local tax effort" to more accurately reflect true "local effort" by broaden- ing the definition of the local effort factor to include service charges, user fees and other types of mandatory contributions from local citizens which are used to finance public services but are technically not defined as "taxes". That Arkansas' two Senators and four Congressmen need to hear from the towns and cities of Arkansas on Revenue Sharing regarding the following matters: 1. How revenue sharing funds., are being expended in your community. 2. How decisions are made regarding the expenditures of revenue sharing funds . 3. How revenue sharing funds have affected the economic vitality of your community. ~. How revenue sharing funds have been successfully administered with a minimum of federal bureaucratic red tape. 5. How your community will be affected if the revenue sharing program is discontinued after 1976. -~; Maxtor Ferguson announced the East Arkansas Community College at Forrest City will sponsor a lecture by Earl Knightingale November 25, 1975• The Mayor announced Friday after Thanksgiving would be a holiday for city employees. Mr. S. E. Holbrook, 228 S. 12th, requested if actnn had been taken on an option to purchase property from Wm. L. Johnson Company for a site for the Wonder City Boys Club. Lit,~gation in Federal Court pertaining to funds from Southland Race hack, action of the steering committee, charier of the Wonder City Boys Club, and steps to have the option dates open were discussed. Mrs. Gilbert Jay, who had resigned as Bicentennial Chairman, introduced } Mrs. Tommy Sims, the recently appointed chairman, and requested the Council inform the Bicentennial Committee they are under obligation to honor commitments to the Arkansas State Bicentennial Commission to match state and federal grant of X5,000.00 for the Esperanza Trail at the time the money is received from the Commission due to the promise having been made and the project given priority. Mrs. Jay explained procedure where donations would not be designated for projects, designation of projects approved by the City, matching funds received and a special gift for the musesum, however, if not built will have to be returned. Mrs. Sims elaborated on action taken by the present committee. Mrs. H. D. Holland, treasurer of the committee, reported on funds received. After lengthy discussion of commitments, grants, jeopardizing projects, maintenance of the Esperanza Trail, designation of donations, Alderman Holt, seconded by Alderman Rodgers, moved the limit debate. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Rodger4lr Bentley, Cosgrove, ~i.ckerson, Grimsley, Harris, Hightower, Hot, Horton. N ~y: None . ~, ~, ~i 159 Alderman Bentley, seconded by Alderman Rodgers, moved that the Council go on record reconfirming the support of the three projects that were initially voted on, the City Hall project, the Esperanza Trail, and the museum; and the money be made available for these projects as comes in especially to meet matching funds. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley,-Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, and Horton. Nay: None. - I4ayor Ferguson appointed a committee to work with the Bicentennial Committee on fund matching as follows: Aldermen King, Cosgrove, and Rodgers. Mr. Jan Thomas invited the ~dermen to participate in a walkathon Friday, November 28th sponsored by the Bdy Scouts for funds for Esperanza Trail. Mrs. E. B. Hicks inquired as to future funds being sent to Bicentennial Committees and was informed the first priority was matching of ftulds received from grants. Mr. Cy Bond appeared on behalf of the Commissioners of Drainage District No. 6 who are requesting support of the Council in increasing the tax levy from 6~ to 10~ for a 3 year period. Mr. Bond elaborated on taxes under assessment of benefits 1917, increase costs, raising revenue available, 56 miles of ditches in district, drainage problems, funds spent in West Memphis, and meeting to be held November 2~, 1975• Alderman Bentley announced Utility Commmittee meeting after adjourn:ae~it. Alderman Cosgrove complimented City Engineer Brawley on following-up items presented at Council meetings. No further business being presented, the meeting was adjourned. ATTEST CITY C' ~~ MAYOR APPROVED: DECEMBER !~, 1975