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December 4, 1975160 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEN~HIS, ARKANSAS, HAD AND HELD ON DECEMBER !~, 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 otclock p.m. on the lath day of December, -1975• The following were present: Mayor Joyce Ferguson presiding; and Aldermen: Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, A. 0. Holt, Pritchard Horton, and J. C. King; and City Attorney R. L. Smith. Absent: None. Mayor Ferguson offered prayer and requested the Council loin in the prayer of St. Francis of Assisi. Alderman Rodgers, seconded by Alderman Grimsley, moved that accept minutes of November 20, 1975, as included in the packet. Upon vote, the voting eras as follows : Aye.: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay : None . An amendment to the budget to include longevity pay for the policemen of approximately $15,901.00 was brought to the Council~s_ attention. City Attorney Smith advised a letter had been received from Mr. Jake Brick, Attorney for the Police Association, pertaining to longevity and overtime, however, he was of the opinion the overtime should be given further study. Alderman King, seconded by Alderman Rodgers, moved that table the matter due to the Aldermen not having all the information need to make a proper decision. During discussion of a certified copy being required, roll call vote on the motion was requested. The roll call vote was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. A resolution regarding the extension of the Service Road going west on the south side of Interstate !t0 from Rich Road to Airport Road was read by City Attorney Smith. Alderman Holt, seconded by Alderman King, moved that the resolution be accepted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. The resolution read as follows: RESOLUTION N0. 553 RESOLUTION REGARDIATG THE EXTENSION OF THE SERVICE ROAD GOING WEST ON THE SOUTH SIDE OF INTERSTATE ~0 FROM RICH ROAD TO AIRPORT ROAD WHEREAS, the view industrial park now being developed by the Missouri-Pacific Improvement Co. will in the near future increase vehicle traffic in that vicinity, AND WHEREAS, it is vital. to the City of West Memphis, Arkansas that planned arteries to expedite traffic flow be developed, AND WHEREAS, it is believed the Service Road on the youth Side of Interstate !~0 going west to Airport Road be extended from Rich Road to Airport Road which would be a big help to alleviate the future traffic flow; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of West Memphis, Arkansas recommends that the Service Road on the youth Side of Interstate 1~0 going west be extended from Rich Road to Airport Road. 3E#3E#3Ht-~# 161 An ordinance to Amend Ordinance No. 681 was presented for consideration. Alderman Rodgers, seconded by Alderman King, moved to table reading of the ordinance until get further in the budget. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. Mayor Ferguson presented the tentative budget for 1976. Alderman Bentley, Chairman of the Budget Commute, advised since all departments have not been completely reviewed would not have a recommendation for approval. After discussion of raises, employees hired, and further study, Alderman Rodgers, seconded by Alderman King, moved to table the tentative budget. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. - Nay : None . Jay Wood explained request to appoint an Airport Masterplan Development Committee after a review of the airport by FAA representatives. During discussion of the Bill before Congress pertaining to funds for a study, obligations of the City as to providing funds, information from MATCOG, and the city's financial situation Alderman Rodgers, seconded by Alderman Grimsley, moved to table until get clarification. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, -Di.ckerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: Rlderman: Cosgrove. Alderman Cosgrove brought to the Council's attention the time element involved Alderman Bentley, seconded by Alderman Harris, moved to reconsider the matter. Upon roll call vote, the voting was as follows: Aye.: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, and Horton. Nay: Aldermen: Rodgers, Harris, Hightower, Holt, and King. Due to tie vote, Mayor Ferguson voted Aye. Mayor Ferguson informed the Council the item of business was appointment of a committee to be known as the Airport Masterplan Development Committee, and recommendation had been made members of the committee have knowledge of airport operations. Alderman Cosgrove, seconded by Alderman Bentley, moved that appoint the Airport Masterplan Development Committee. During discussion Alderman Cosgrove reiterated the Committee would not be committing the City for any funds or obligating the City reaction would be returned to the Council. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None . Thereupon the Mayor appointed the following committee: Craig Tennison, Robert Bentley, Dickie Upton, Eddie Brawley, Willie L. Harris, Kent Rubens, Wallace Caradine, Barbara Keen, Rick Gallagher, Tilden Rodgers, Hazel Waggener, Bob Cosgrove, Don Burnett, R~.chard Kofoed, Roy Strong, and Zeb Freeman. The Council was requested to grant permission for a City Flag to be designed by 1977 as the City will be 50 years old in 1977. The Historical Society will have citizen participation in the designing of the flag, and the City will not be obligated nor will there be a charge. Alderman Dickerson, seconded by Alderman King, moved that grant permission to design a City Flag. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. 162 The Mayor brought to the Council's attention the first Council meeting in January is on January lst, New Year's Day. City Attorney Smith expressed an opinion the Council could omit-the meeting by motion, and if necessary call a special meeting. Thereupon, Alderman Cosgrove, seconded by Alderman Harris, moved that omit the first Council Meeting i.n January, 1976. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley; Harris, Hightower, Holt, Horton, and King. Nay : None . Ma~ror Ferguson announced city employees will have an Open House December 23rd at 3:00 p.m. City Engineer Brawley requested permission to present !t plats recommended by the Planning Commission on the agenda for consideration. Alderman Holt, seconed by Alderman King, moved that wa.i:_ve the rule to put on the agenda consideration of 1~' plats . Upon roll call vote, the voting was as follows : Aye; Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, Horton, and King. Nay: Alderman; Harris. Motion failed due to not being an unanimous vote. Request Ufa n $$~~''~ t ,,~~ ~~ house numbers on street curbs i.n Bicentennial colors~as pre~se~'~ite~~yg~~y~~rigineer Brawley. Alderman Holt seconded b ~ Y Alderman King, moved that waive the rule to consider request of DBS Sorority. Upon roll call vote, the voting was as follows; Aye: Aldermen; Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay; None . Alderman Holt, seconded by Alderman Dickerson, moved that give permission to DBS Sorority to paint house numbers on street curbs in Bicentennial colors. Upon roll call vote, the voting was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay : None . Alderman Horton requested City Engineer Brawley check on unattrative debris at or near East Barton and 10-Mile Bayou crossing. Upon inquiry as to any citizen requests in the audience James Funderburg, an officer of the West Memphis Police Department, spoke on behalf of Chief of Police Harper. Inquiry was made by the Alderman as to Officer Funderburg's knowledge of a matter pertaining to the Chief of Police's conduct, the officer's opinion of the Council, his prior employment, and service with the Department. Alderman Bentley requested a full scale investigation be made into activities of the Police Department and especially the Chief of Police. Thereupon, the City Attorney read the following: NETS RELEASE FROM THE MAYOR DECEMBER 3, 1975 I find the meeting we have had the last eight hours very distasteful. There axe serious questions as to the proper conduct of the Police Chief. I feel like a strict reprimand to a person who has been so dedicated to his job is more appropriate than more severe measures. I therefore am not suspending Chief Robert Harper, but I do intend to reprimand him - - with a copy to the council. While I do not sanction what is being brought to me, I feel like a hearing of matters of this nature should be handled in a confidential manner. It has been brought to the attention of the Mayor's Office that a fall scale police investigation should be made. I do recommend a full scale investigation for the past three years . 163 We have had under Chief Robert Harper without question, in my jud~ent, the fined Police Department in the history of West Memphis, but I cannot condone any city employee's lack of discretion. At the same time, not at~y of us are perfect nor qualified to cast the first stone . It is the duty of the office of the Mayor to discipline department heads while at the same time not destroy the marts career. ~~ After discussion, Mayor Ferguson read the following: To: Chief Robert Harper From: Joyce T. Ferguson, Mayor The embarrassment you have cause the Mayor of this city and the City Council and the employees of the city is inexcusable. I have made a public statement to the fact that I have not and will not suspend you because of the charges made against you at this time. However, I wish to advise you that I will not tolerate any more embarrassment from the Chief of Police. While there may be a possibility of collusion, I still feel that poor judgement was used on your part and that your lack of discretion was and is very harmful to all of us. The Chief of Police should be an example of good conduct. I find it very distasteful to even have to handle such matters. I am most concerned about the families involved. I also am considering your career. You have done a fine job as Chief of Police and while I commend you for that I am dismayed that your position was taken so lightly as to let any reflection be cast upon it by using such poor judgement. ~~~ The Mayor announced it was her decision not to suspend Chief Harper at this time. While discussing objections to the Mayor's decision, request for a full scale investigation of the Police Department, call for adjournment while a motion was on the floor; Alderman Cosgrove, seconded by Alderman Horton moved for a full scale investigation since the first of the year of the Police Department and especially Chief Harper. Mayor Ferguson requested a one minute recess to confer with the City Attorney. Upon ruling of the City Attorney that a motion was on the floor, the motion was amended by Alderman Cosgrove that the investigation be conducted by the entire Council. The question was put by the Mayor on the adoption of the motion: That a full scale investigation since the first of the year of the Police Department and especially Chief Harper be conducted by the entire Council. Upon roll call vote, the voting was as follows : Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. It was concensus that Alderman Bentley, Chairman of the Police Commission, set date of hearing for the investigation, and any citizens or policemen who wish to be heard contact Alderman Bentley. An order that all department heads or their designee appear at Council meetings was discussed. Jerry Hubbard of the Police Department requested information as to how much money is due him for longivity back pay. Alderman Holt, seconded by Alderman King moved that information not be given out until certified. After consideration of the motion and information being received through a department head, vote on the motion was as follows: A,Ye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. 164 The Council was requested to pick-up information from bookkeeping department as leave Council Chamber. Alderman King, seconded by Alderman Bentley, requested a recess for 10 minutes. Vote on the motion was as follows: Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, and King. Nay: None. RECESS The meeting was called to order by the Mayor. No further business being presented the Mayor adjourned the meeting. a '~~:. CTTY CL~1 ~'~i~ ~= MAYOR APPROVED: DECEMBER 18, 1975