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