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February 5, 1976204 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON FEBRUARY 5, 1976. The City Council of the City of West Memphis, xrkansas, met in regular session at the Council Chamber, City Hall in West Memphis, Arkansas, at 1:30 o'clock p.m. on the 5th day of February, 1976. The following were present; Mayor Joyce Ferguson presiding; and Aldermen: J. E. Hightower, A. 0. Holt, Pritchard Horton, J. C. King, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, and W. L. Harris, and City Attorney Robert L. Smith. Absent: None. Rev. W. P. Fiser, Pastor of Rosewood Methodist Church, gave the invocation. Mr. Henry H. Hancock, Attorney for West Memphis Cable T.V. requested permission to speak prior to approval of minutes of Council Meetings. Alderman King, seconded by Alderman Cosgrove moved to permit Mr. Hancock to speak to reconsider. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, King, Rodgers, and Cosgrove. Nay: Aldermen: Horton, Bentley, Dickerson, Grimsley, and Harris. In order to break the tie-vote, Mayor Ferguson voted Aye. The motion carried. Motion was made by Alderman King, seconded by Alderman Cosgrove to amend the Minutes. Upon roll call vote, the voting was as follows: Aye: Aldermen; Hightower, King, Rodgers, Cosgrove. Nay: Aldermen: Holt, Horton, Bentley, Dickerson, Grimsley, and Harris. The motion failed. City Attorney Smith requested a two minute recess. Mayor Ferguson called the meeting to order, and Mr. Henry H. Hancock was granted permission to speak. Mr. Hancock requested reconsider motion on calling of the West Memphis Cable T.V. bond, and give the company a period of six months to come up with a program or plan that would meet the satisfaction of the Council. Mr. Hancock elaborated on previous action as to granting the franchise, interest rates, litigation pertaining to the bond, 80~ of stock owned by A~ 20~ owned by Charles Riggan, sale of 80~ of stock to local people for $1..00, assistance to a local company, value of the Federal Communications Certificate of Compliance, programming, action being taken in Memphis, plans for the next six months. Thereupon, motion was made by Alderman~King, seconded by Alderman Harris that the Minutes be approved as read. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: Alderman Rodgers. The Mayor announced the motion carried, the Minutes approved as included in the packet. 205 Distinguished Service Award was presented to Mrs. L. H. Polk for service of twenty years on the Library Board and devotion to the community. Mayor Ferguson requested that the Budget Committee composed of Alderman Bentley, Chairman and Aldermen Rodgers and Dickerson continue serving for 1976. Alderman Bentley inquired as to changing the meetings from days to evenings. Rick Gallagher, the MayorTS Administrative Assistant, presented the following Budget amendments: Transfer $1350.00 from 90.01 Salaries to 90.02 Maintenance for Janitor Services at the Library. Motion was made by Alderman Bentley, seconded by Alderman Cosgrove that the ~ be transferred. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . Library Personnel - F. Juanita Smith from 30 Hrs. to 40 Hrs and 5~ pay raise would be $5,896, Barbara Welch from ~0 Hrs. to 30 Hrs. $4,680.00. Motion was made by Alderman Bentley, seconded by Alderman Cosgrove that the change be made in the Library Budget. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Grimsley. Nay: None . Alderman Harris was not present. Insurance coverage for Barbara Welch, library employee whose employment had been discontinued for 30 days was discussed. Alderman Bentley, seconded by Alderman Rodgers moved that Bookeeping Department be instructed to seek clarification from the Arkansas Municipal League . Upon vote, the voting was as follows: Aye: Aldermen; Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Grimsley. Nay: None . Alderman Harris was not present. Mrs. Shelly Pugh requested permission to keep the Xerox Machine, and was advised as long as within the Library Budget approved would be permissible. Neighborhood Center 61.00 - Amend Account 61.02 from -0- to $150.00 for three fire extinguishers for the Center, total $875.00. Alderman Holt, seconded by Alderman King moved that purchase three fire extinguishers for Neighborhood Center, total budget increase from $725.00 to $875.00. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . Mr. Gallagher informed the Council on February J~th the one year buildor's guaranty will be over, and the City will be charged with all maintenance. Clarification on Ceta employees in Sanitation Department as to raise of base wage was requested. Motion was made by Alderman Holt, seconded by Alderman Grimsley that raise Ceta Employees from $2.20 to $2.50 per hour. During discussion Alderman King, seconded by Alderman Horton moved that amend the E motion to include Utility Department Ceta Employees. Vote on the amendment was as follows: Aye : Aldermen: Hightower, Dickerson, Nay: None. Vote on the main motion ame; Aye: Aldermen: Hightower, Dickerson, Nay: None. Holt, Horton, King, Rodgers, Bentley, Cosgrove, Grimsley, and Harris. nded was as follows: Holt, Horton, King, Rodgers, Bentley, Cosgrove, Grimsley, and Harris. 206 Amending Utility Budget and Shop Budget to pay for uniforms in January was requested. Motion was made by Alderman Holt, seconded by Alderman King to amend Shop Budget $81.60 and Utility Budget $31.58, total $1231$. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris.. Nay: None . Transfer of $300.00 from Account 85l~9 small hand tools of the Utility Budget to Account 9519 was requested. Alderman Bentley, seconded by Alderman Grimsley moved that transfer $300.00 from Utility Account No. 85.9 to 95.9. After consideration, the vote was as follows: dye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. Rick Gallagher brought to the Council's attention the Revenue Sharing Budget distributed approximately two weeks ago. After discussion, Alderman Holt, seconded by Alderman Horton, moved that the Revenue Sharing Budget be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. During consideration of bids for vehicles it was concensus that all vehicles approved in the Budget be pooled for bid purposes. Upon inquiry as to pooling bids w~h the City of Memphis, Tennessee, City Attorney Smith advised would check into the matter. Request for $800.00 item to be added to Revenue Sharing Budget for expenses for the Mayor and another person to attend a Revenue Sharing Conference in Washington, D. C. in March under the auspices of the Arkansas Municipal League. Alderman Bentley, seconded by Alderman Horton, moved that $800.00 be included in the original sheets of Revenue Sharing Budget that was presented two weeks ago. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. The question of payments for cleaning-laundry of Police and Fire Departments uniforms or paying amounts as salary was discussed, and the Chiefs of the Departments instructed to consult with their men and make recommendations to the Police and Fire Commissions. Alderman Cosgrove reported the Insurance Committee has established specifications for the Directors, Officers, and Public Officials Liability Insurance, and bids will be received on March lath. The Committee will meet with representative of Blue Cross Insurance to discuss hospital insurance. Also a recommendation will be made at a later date as to General Liability as the City-has immunity from tort liability, but does have a moral obligation. Recommendation on Workmen~s Compensation will be presented at the next Council Meeting after finalization of information. Alderman King reported the Woodyard Committee will have a recommendation at the next Council Meeting. Alderman Cosgrove requ~~ted Alderman Bentley be appointed as an additional member of the Committee. Mayor Ferguson brought to the Council's attention communication as to payment of overtime to an employee in the Utility~Department. Compensatory time, accumulated time, State and Federal Regulations, inspection of work of a contractor on week-ends or after hours, order ~bertaining to overtime payments by the Mayor, authorization by the Department Head, person in charge if the Department Head is out of the city were considered. Alderman Cosgrove, seconded by Alderman Gr~nsley moved to pay the man his overtime. During discussion it was ascertained the man would be paid one day at time and a half. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, Cosgrove, Dickerson, Grimsley, and Harris. Nay: Alderman Rodgers. Aldermen King and Bentley abstained. The motion carried. 2 0'7 Five Minute recess was requested. Due to the absence of Mayor Ferguson because of illness, Vice-Mayor Dickerson called the meeting to order. Alderman Grimsley was excused from the meeting. Longevity pay for street and sanitation workers was the next order of business. City Attorney Smith presented his ruling as to interpretation of the term t~Municipal Employeet~ referred to in Ordinance No. 5~7 passed in December, 1967 as follows: That hourly employees and salaried employees are Municipal Employees and would be entitled to longevity pay. The phrasing and intent of the ordinance, wages to hourly workers, schedule of raises, employees of the Utility Department, number of persons involved, amount of payments, litigation, lack of clarity in an ordinance of a past administration, were considered. Alderman Harris, seconded by Alderman Hightower moved that Lou look up all Municipal Employees that I think the City might owe longevity pay. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, King, Cosgrove, and Harris. Nay: Aldermen; Horton, Rodgers, Bentley, and Dickerson. City Attorney ruled takes six votes to pass, the motion failed. Alderman King, seconded by Alderman Cosgrove, moved that Joryn Smith be designated as Department Head for the Electric Division of the Utility Department. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. An ordinance pertaining to mandatory retirement for all City Employees who are sixty-five (65) years of age was introduced by Alderman Rodgers and the City Attorney read the ordinance in full. Alderman Holt, seconded by Alderman King, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. During consideration of the ordinance Bill Manning requested permission to speak from the audience, and spoke in opposition to the ordinance. The Vice-Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen; Hightower, Holt, Horton, King, Bentley, Cosgrove, and Harris. Nay: Aldermen Rodgers and Dickerson. Thereupon the Vice-Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Bentley, seconded by Alderman Cosgrove then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Vice-Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Hightower, Holt, King, Bentley, Cosgrove, and Harris. Nay: Aldermen: Horton, Rodgers, and Dickerson. The Vice-Mayor declared that at least two-thirds of all members elected to the Council had not voted in favor of the motion to suspend the rule, the motion did not carry and the rule not suspended. Thereupon, Alderman King announced since he had requested consideration of the ordinance he was withdrawing the ordinance. 208 Alderman Horton introduced an ordinance to repeal Ordinance No. 702, and the City Attorney read the ordinance in full. Alderman Hightower, seconded by Alderman Harris, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Vice-Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye; Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Harris. Nay: None . Thereupon the 3~ice-Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Cosgrove, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Vice- Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Harris. Nay: None . The Oice-Mayor declared that at least two-thirds of all members elec#ed to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman ~tg, seconded by Berman Holt, moved that the ordinance be adopted. The question was put by the ~r on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen; Hightower, Holt, Horton, King,. Rodgers, Bentley, Cosgrove, Dickerson, and Harris. Nay: None . Alderman Rodgers, seconded by Alderman Holt, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Harris. Nay: None. The Vice-Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 856 and read as follows: ORDINANCE N0. 856 BE IT ORDAINED BY THE CITY COUNCII. OF THE CITY OF WEST MEMPHIS, A~iKANSAS: Section 1. Ordinance No. 702 of the City of West Memphis, Arkansas, dated November ~., 1971, is hereby repealed, it being the intent of this ordinance that all electric lines built without charge by the City to the property lines of said developments or subdivisions for the purpose of having all-electric homes will no longer be in effect. Section 2. Ordinance No. 682, pertaining to SUBDIVISIONS shall remain in full force and effect. Section 3. It having been determined by the City Council of the City of West Memphis, Arkansas that the costs of building without charge for electrical lines to the property lines of the developers is no longer economically feasible, an emergency is hereby declared to exist and this ordinance being necessary to protect the peace, safety, health and welfare of the citizens of West Memphis, Arkansas, shall become effective immediately after its passage and approval. ~~ 209 Alderman Hightower introduced an ordinance adjusting the salary of an Alderman to $250.00 a month, and the City Attorney read the ordinance in full. Alderman Harris, seconded by Alderman Cosgrove, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Vice-Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye : A,1.dermen : Hightower, Holt, ~in~y<r:$e~~~, ~;'=~EQagrove, - .and >~i~.rris -~ Nay: Aldermen : Hort®n < Rodgers:, and Dickerson . Thereupon the Vice-Mayor declared that at least two-thirds of all members of the Council did not vote in favor of the motion to suspend the rule, the motion did not carry and the rule was not suspended. Alderman Harris, seconded by Alderman Hightower then moved to strike the emergency clause - Section 3 from the ordinance. The Vice-Mayor put the question on the adoption of the motion and the roll being called the following voted: ire: Aldermen: Hightower, Holt, King, Cosgrove, and Harris. Nay: Aldermen: Horton, Rodgers, Bentley, and Dickerson. City Attorney Smith ruled takes six votes for passage, the motion failed. Vice-Mayor Dickerson brought to the Council's attention recommendation of Mayor Ferguson that Mrs. R. K. Bollinger be reappointed to the Library Board. Alderman Holt, seconded by Alderman King, moved that the reappointment of Mrs. R. K. Bollinger to Library Board be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Rodgers, Bentley, Cosgrove, I3ickerson, and Harris . Nay: None . Mr. S. E. Holbrook read the following: Option Memo July 31, 197. To: Samuel E. Holbrook, chairman, Board of Trustees Wonder City Boys Club, Inc. Chester S. burley, Board Member William L. Johnson Co., Inc., hereby grants an option to Wonder City Boys Club for a period of 6 months from date to purchase Lot 1, Block 188, Kendal Addition (200' X 175' ) for $60.00 per front foot and/or Lot 2, Block 188 (228' X 175' ) for $75 _,per front foot. William L. Johnson Co., Inc. /S/ by Abbott Widdicombe .cam..: Mr. Holbrook reviewed action of the Council on September 19, 197I~, and inquired as to what action is being taken on the matter to provide a place for recreation for the Boys Club. Pending litigation, action of the Committee, offer of land at the S. 1l~th Street swimming pool, and construction of the L. R. Jackson Civic Center in accordance with Boys Clubs' specifications were discussed. The matter was referred to the Boys Club Committee for recommendation. Alderman Horton advised complaints had been received as to the inter-city buses stopping in a lane of traffic to pick up passengers. Chief of Police Keen was requested to write Mr. W. H. Smythe, Jr. about the matter. Alderman Bentley announced Fire Commission Meeting after Council meeting. 210 Alderman Holt presented in West Memphis that he stickers: R&B Tobacco Co. Wonder Potato Chips Lay Potato Chip Little Debbie Cookies Jack's Cookies KAS Potato Chip Snack Mobile Malone & Hyde Housewares Bluff City News the following list of businesses operating trucks had been informed do not have privilege license West Memphis Fire Ext. Co. Mama Cookies Guys Potato Chips Golden Flake Chips Murray's Cookies Dolly Madison Cakes Famou Pies Happy Ha11 Toys Jackson Cookies Tony's Pizza Ingram's Snack Food Cordon's Potato Chips !' Alderman Bentley, seconded by Alderman Cosgrove, moved that Alderman Holt turn over to the Inspector's Office the list to work with the Police Department on checking privilege license. Upon vote, the voting was as follows : Aye: Aldermen; Hight~r, Holt, Horton, Rodgers, Bentley, Cosgrove, King, Dickerson, and Harris. Nay: None. No further business being presented Alderman Rodgers seconded by Alderman King, moved to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, Rodgers, Bentley, Cosgrofe, King, Dickerson, and Harris. Nay; None. A T: -- CITY O~ MAYOR APPROVED: FEBRUARY 19, 1976