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March 18, 1976236 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MARCH 18, 19?6. 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 1:32 o'clock p.m. on the 18th day of March, 1976. The following were present; Mayor Joyce Ferguson presiding; and Aldermen: J. C. King, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, J. E. Hightower, and Pritchard Horton; and City Attorney R. L. Smith. Absent: Aldermen; W. L. Harris and A. 0. Holt. City Attorney Smith gave the invocation. It being determined a quorum was present, the following proceedings were had to-wit: Alderman Cosgrove advised Minutes of March ~., 19?6, page 226 should be corrected as the Insurance Committee met on March 11th to discuss the Public Official and Employe Legal Liability Insurance rather than Workmen's Compensation. Thereupon motion was made by Alderman Bentley, seconded by Alderman Horton that Minutes of March ~, 1976, be approved as corrected. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Hightower, ~~~ and Horton. Nay : None . Mayor Ferguson announced bids for demolition of dilapidated houses would be received in accordance with Notice published in the Evening Times on March 9th and 16th. The following bids were opened and read by City Attorney R. L. Smith; Lee Weeks $3,000.00 Bid Bond $150.00 Bill Baker 3,800.00 No Bid Bond L. A. Smith 8,600.00 Bid Bond $1.30.00 Jim Eddy 1,000.00 No Bid Bond Wesly Parker 1,950.00 Bid Bond $21.7.50 The Mayor referred the bids to the City Attorney, Budget Committee, and Community Development Director. Thereupon, motion was made by Alderman Bentley, seconded by Alderman King that accept the low bid of $3, 000.00 from Lee Weeks . Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay; None. Bids for Municipal Grade Fire Hose in accordance with Bid Notice published in the Evening Times on March 1 and March 8, 1976 were received as follows: Beaver Welding & Supply, Memphis Casco Industries, Shreveport, La. Peter Pirsch & Sons, Memphis Gordon B. Holloway & Associate, Memphis No Bid 500 Ft. - $2.t~9 Per Ft. 2,000 Ft.-$1.05 Per Ft. 2,000 Ft.-$1.15 Per Ft. 500 Ft. -$2.55 Per Ft. 500 Ft . -$2.1.9 Per Ft . 2,000 Ft.-$1.16 Per Ft. The Mayor announced the bids would be referred to the Fire Commission for awarding the low bid. Alderman Dickerson, Chairman of Fire Commission, announced Commission meeting after Council meeting. 2 3'7 Bids for cleaning of City Hall at 205 S. Redding Street in accordance with Bid Notice published in the Evening Times on February 19 and 26, 1~7b were received as follows: Charles Gladney, West Memphis Per Month $416.67 April 1 through December 31, 1976 $3,750.03 Paramount Janitoral, Truest Memphis General Building Services, Memphis Southern Building Services, ~~1est Memphis Building Maintenance Service, West Memphis The bids were referred to the Budget Committee. Per Month $416.50 Per Month $290.00 Per Month $365.00 Per Month $728.00 Bids for repair of Sanitary Sewer Lines on S. Avalon in accordance with Bid Notice published in the Evening Times on March 5 and l2, 1976 were received as follows: The only bid received - tidoodstock pipeline and Construction Co, Memphis $15,090.2 Alderman Bentley, seconded by Alderman King, moved to refer the bid to the Utility Committee and Engineer to review and present recommendation to the Council for vote. Upon vote on the motion, the voting was as follows : Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Bids for four stage drops in accordance with Bid Notice published in the Evening Times on February 16 and 23rd, 1976, were received as follows: Joseph Interiors, Memphis $1,955.00 United Stage Eqpt. Co., Hartselle, Alabama A $1,165.00 Alternate B $1,565.00 Deliver and Install $185.00 Alderman Bentley, seconded by Alderman King, moved to turn over bids to the Auditorium Commission and return to the Council before released. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Alderman Bentley, Chairman of the Budget Committee, presented recommendation of the Park Commission and Architect pertaining to bids for the West Memphis Recreational Complex Phase 1 (Airport Park). After discussion with the Architect, Cliff Jackson, as to not rebidding and excluding the shrubbery- planting, A~.derman Bentley, seconded by Alderman Grimsley, moved that accept Heath & Scarbrough bid as low bidder. Upon vote, the voting was as follows: ~: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. ' In accordance with recommendation of the Budget Committee as to funds for the park bid being in excess of money designated for the Park, Alderman Bentley, seconded by Alderman Rodgers, moved that designate $66,050.00 from Revenue Sharing Funds in order to award contract for the Park. Upon vote, the voting was as follows: dye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. 238 Alderman Bentley informed the Council of adjustment to be made in the Parks Department s~.ary account of 10¢ an hour for an employee, and moved that transfer $190.00 from the general fund to salary account of Parks Department. The ~ otion was seconded by Alderman Cosgrove, and upon vote the voting was as follows : Aye: Aldermen; King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Alderman Bentley explained request of transfer of funds from Utility Accounts 6536, 7536, and 8536 into account 8136 in the sum of $825.00 being a bookkeeping transfer, and moved that the transfer be made, the motion was seconded by Alderman King. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Alderman Bentley advised had just received packet of information on longevity from Bookkeping Department and needed time to study, and m©ved that the information be referred to Budget Committee for study and recommendation. The motion was seconded by Alderman King. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay ; None . Alderman Bentley reported had received statement from the Auditors for the Utility and City Audits, and the sum is quite a bit more than initially stated. Motion was made by Alderman Bentley, seconded by Alderman Rodgers request that the audit statement be referred to the Budget Committee to talk to Accountants. Upon vote, the voting was as follows: 11ye: aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None . Alderman Bentley, Chairman of the City Hall Building Committee, reported the work on the parking lot is proceeding and hope do not have too much further delay:. Alderman Bentley, seconded by Alderman Grimsley, moved that permission be granted to advertise for lighting material to be placed on the parking area. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay : None . Alderman Bentley announced Utility Committee meeting following Council meeting. P. G. Para of the Utility Department informed the Council the F,hgineer had checked the bid for the repair work on the S. Avalon sanitary sewer lines and the bid met specifications. After consideration, motion was made by Alderman Rodgers, seconded by Alderman King that accept the bid of Woodstock Pipeline and Construction Co. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Alderman Cosgrove reported on an Insurance Committee meeting on March 11, 1976. After consideration of the ramifications of the State Plan, escalation of insurance rates, turn-back funds, personnel to handle claims with insurance expertise, comparison costs for the State Plan and commercial plans, motion was made by Alderman Horton, seconded by Alderman King that we do postpone this for a year. ~cerpts pertaining to the matter were read from February 19th Council meeting. Upon request for ruling on the matter, City Attorney Smith ruled that since the Minutes of February 19, 1976 had been approved it would be irregular, and elaborated on reconsidering matters. Aldermen Horton and King withdrew their motion. Alderman King requested the Insurance Committee reconsider and come back with a recommendation. Members-4~~ the Insurance Committee called by I-~i.ck Gallagher, and members of the two Insurance Committees approved were discussed. 239 Alderman Cosgrove explained a discrepancy had been ascertained in each of the bide;.;; for Public Official and Employe Legal Liability Insurance one company had $2,y~00 deducti~rle instead of $5,000 requested and the other plus ~.~ if applicable which did not give a concrete amount of premium. Recommendation of the Committee to readvertise and a sample policy be submitted also the City Attorney be involved to analyze the bid was presented. After consideration, Alderman Cosgrove, seconded by Alderman Bentley, moved that the City advertise under new specifications for Public Official and Employe Legal Liability Insurance, and permission be given to advertise. Upon vote, the voting was as follows: Aye; Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. City Attorney Smith suggested the Insurance Committees meet monthly and analyze all policies, coverage, and ratings of the companies. Alderman Cosgrove reported on meeting to arbitrate the plumbers problems, and presented recommendation that create a new ordinance to be presented with specifications of 2200 lb test fir sewer pipe, and give plumbers who have inferior type pipe stockpiled~~o get rid of it. The matter was discussed with Bill Manning and Plumbing Inspector Avery. Alderman Dickerson reported the Fire Commission had inspected new Fire Station No. ~, and agreed to accept the station. Alsq the Chief is in process of buying furniture for the station. Comments on the trip to Washington, D. C. on behalf of Revenue Sharing were made by Alderman Dickerson. Alderman Horton brought to the Councils attention physical examinations are not required for persons prior to employment by the Police Department. Requirement that all City ~nployees have physical examination before employment, payment of examinations by the City or the individual, and requirement of the Utility Department as to physical examinations prior to employment were considered. Recommendation of the Police Commission that City pay for examinations was referred to the Personnel Manual Committee to study the requirement for examinations and payment thereof . Alderman Horton inquired as to an eligibility list for Police Department personnel. Mayor Ferguson advised a letter of recommendation from the Police Commission will be required, and the Mayor will then contact the Budget Committee, and when receives a recommendation from the Budget Committee the Mayor will write Civil Service. Due to cut-back in Turn Back Funds the Council was advised the procedure will be used for all Departments, and the Mayor asked the recommendations be in writing. The Police Department was requested to scrutnize personnel when making request for additional employees. Mayor Ferguson requested comments on the Drainage Committee report previously distributed. Alderman Bentley, seconded by Alderman Grimsley, moved that recommend Alderman King be appointed ~o work with the Committee and the City Engineer to follow through with the recommendations of the Committee and report to the Council. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay : None . Mrs. Willie Mae Rowe requested permission to operate a beauty booth at her residence 301 N. 12th Street. The Council was informed the area is zoned single family residence district. After discussion of proximity to commercial area, parking, and City Codes, motion was made by Alderman Dickerson, seconded by Alderman Horton that approve permission to operate a Beauty Shop at 301 N. 12th Street. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Bentley, Dickerson, Grimsley, Hightower, and Horton. Nay: Aldermen: Rodgers and Cosgrove. Motion Carried 240 Permission to advertise for bids for demolishing ten dilapidated houses was requested. After consideration, Alderman King, seconded by Alderman Grimsley, moved that Notice be published for bids for demolishing ten dilapidated houses. Upon vote, the voting was as follows: A,ye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. The Mayor announced an ordinance had been prepared for consideration. Alderman Bentley, seconded by Alderman King, moved that ~r~.3:.~e the rule and the ordinance be put on the agenda. Upon roll call vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. City Attorney Smith read the ordinance entitled ++An Ordinance To Amend Ordinance No. x.03, Electrical Code Of The City Of West Memphis, Arkansas, Declaring An Emergency And For Other Purposes.++ Alderman King, seconded by Alderman Grimsley, 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 Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None . Thereupon the 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 ~,ttorney. Alderman King, 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 Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None . The Mayor declared that at least two-thirds of all members elected 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 Grimsley, seconded by Alderman Horton, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Hortcm.. Nay; None. Alderman Rodgers, seconded by Alderman Dickerson, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. The 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. 860, and read as follows: 241 ORDINANCE N0. 860 AN ORDINANCE TO AMEND ORDINANCE N0. x.03, ELECTRICAL CODE OF THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Section 7 of Ordinance No. 103, dated April 6, 1961, is amended to read as follows: "The Board of Examiners shall have the power and authority.to issue to an individual, company or corporation desiring to do electrical maintenance only, for its own concern, a certificate that will allow said individual, firm or corporation to do maintenance only, for its concern, without complying with the section of this Ordinance as to maintaining an established place of business, provided nothing in this Ordinance shall prohibit the City of West Memphis, Arkansas from performing electrical work on a gratuitous basis on property owned by the City of West Memphis, Arkansas, or a governmental agency located within the City Limits of the City of West Memphis, Arkansas, and further provided such work is approved by the City Council and the Mayor of the City of West Memphis, Arkansas .'~ SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Emergency Clause. It having b8en found and determined by the City Council of the City of Tr.Iest Memphis, Arkansas that there is urgent need to amend the Electrical Code, Ordinance No:'l~03 to perform such services for the City which are vital to the public peace, welfare, safety and health of the citizens of the City of West Memphis, Arkansas an emergency is declared to exist and this Ordinance shall be in full force and effect from and after date of its passage . ,. ,.. . Mayor Ferguson brought to the Councilts attention a film on reorganization of County Goverrunent 7:30 P.M., March 23rd and 25th, High School Bandroom; Bicentennial Wagon Train to be at Holiday Plaza Mall at 3:00 p.m. March 30th, and the Armed Services Caravan on March 31st the time to be announced. Additional remarks to those of Vice-Mayor Dickerson were made by Mayor Ferguson on attendance with approximately 2,000 other city officials in Washington D. C. to lobby for the Revenue Sharing Program. The Mayor related arrangments made by the Arkansas Municipal League, delegation activities, address by President Ford, convention sessions, receptions, meetings with Senators and Representatives from Arkansas and their interest in Revenue Sharing, importance of enactment of Revenue Sharing for the future, and local plans for promoting extension of the Program by Congress. Mr. Dennis Conlee, owner of Razorback Electric Company, presented objections to passage of Ordinance No. 860. City Attorney Smith informed Mr. Conlee of procedure for enactment of an initiative referendum. Alderman Bentley commented on assistance of the Utility Department to the School Districts aid the construction of City street lights by the Utility Department not being covered by the ordinance. Motion was made by Alderman Bentley, seconded by Alderman Horton, that the Utility Department assist the School District in establishment of the facility in the Community at a saving of $25,000.00 by providing assistance in setting poles and light fixtures . The following letter was read: West Memphis School District March 16, 19?6 Mr. Bob Bentley City of West Memphis West Memphis, Arl~ansas 72301 242 Dear Mr. Bentley: The Z~~est Memphis School District is in the process of constructing a stadium at West Memphis High Schools west campus at 501 West Broadway. Th_s stadium will not only be an asset to the school system, but will be of benefit to the entire city. We know that it will draw large numbers of visitors to our city and this will certainly be welcomed by our business community. This project is a major undertaking and is being built at considerable expense to the 1n~ist Memphis School District. Since the City and the schools have always worked together, and reciprocated in the use of facilities to save the taxpayerst money, we are asking for your help through the use of utility department labor. If the '~1est Memphis Utility Commission could install and wire the 90-foot pole lighting system, it would save the school district approximately $25,000.00. The money saved could then be used for walkways, parking areas, public address systems, concession stand and other items that will be needed at the stadium. We understand that if the utility department is allowed to undertake the stadium project, it would be done at their convenience and would not take them away from their primary responsibilities. We appreciate the cooperation we have always received from the city, and thank you for your consideration in this matter. Sincerely, Bill M. Kessinger ~. .-ri Vote on the motion was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, and Horton. Nay: None. Alderman Hightower inquired as to a sick leave policy for City employees, and was advised the policy is included in the Personnel Manual. Jay Woods explained procedure for accumulation of sick leavve time. Alderman Hightower elaborated on problems of a disabled sanitation worker and offers of other employees to donate vacation pay at a Sanitation Department meeting. City Attorney Smith requested the matter be submitted in writing for investigation. Mayor Ferguson requested City Engineer Brawley work with the City Attorney and Personnel Committee on the problem. No further business being presented, motion was made by Alderman Grimsley, seconded by Alderman Rodgers to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: King, Rodgers, Bentley, Cosgrove, Dickerson, Hightower, Grimsley, and Horton. Nay: None . ~ ~ ~/ ~ MAYOR ` AT T : °' C TY CI,Ih~K APPROVED: