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June 3, 1976r~ (~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST PHIS, ARKANSAS, HAD AND HELD ON JUNE 3, 19'6. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 otclock p.m. on the 3rd day. of June, 1976. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: W. L. Harris, J. ~. Hightower, Pritchard Horton, J. C. King, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, and Thomas Dickerson; and City Attorney R. L. Smith. Absent: Alderman D. M. Grimsley. Mayor Ferguson gave the invocation. It being determined a quorum was present, the following proceedings were had to wi. t : Mayor Ferguson inquired as to motions for reconsideration of ar~y matters before the minutes of the last Council meeting are approved. City Attorney Smith explained procedure for reconsideration. City Attorney Smith ruled since Alderman Harris was not present at the May 20th meeting he was not eligible to make the motion. Alderman Horton, seconded by Alderman Bentley, moved that minutes included in the packet be approved. Alderman Cosgrove requested correction bottom of page 70 from Mr. Spencer to Mr. Spence. .Vote on motion to approve Minutes of May 20th as corrected and May 2~, 1976 was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. Nay: None. Bids for Utility Department 167 Transformers and 750 KVA Transformer were opened and read by City Attorney Smith. Bids were received from the following: 167. 750 Arkansas Industrial Electric $1.,370.00 $5,855. Sesco 1,380.00 7,125.00 Wesco 1,260.00 ?x,789.00 Po~re~ & Telephone Supply 1,812.00 5,9?9.00 National Electric Supply 1,369.7? x.,967.00 General Electric Supply 1, 258.00 5,l~09.00 Graybar electric 1, 266.00 5,l~l~2.00 Tvesco 1,337.00 5,805.00 Diversified Electric 1,273.00 l~,839.00 Delta Electric l,l~,12.00 5, 228.00 Delta-Electric 1,173.00 5,610.00 Alderman Bentley, seconded by Alderman King, moved to turn bids over to the Utility Department for consideration and come back with .recommendations today. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. Nay: None. ~? ~, Mayor Ferguson announced bids for materials for construction of a radio room for the Police Department would be opened by City Attorney ~.i.th. Bids were received from: { West Memphis Lumber Co. $2, 02.12 2,231.46 Manning Lumber Compar~r Motion was made by Alderman Bentley, seconded by Alderman King, to refer bids to the Police Commission to award to lowest and best bidder. Upon vote, the voting was as follows: ley®: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. ~ Nay: None. a Mayor Ferguson presented Distinguished Service Awards to: J. Craig Tennison, Airport Commissioner Tony Herring, Auditorium Commissioner Fred Owen, Former City Treasurer Mr. Donald E. Wiseman, Treasurer, Langston Companies, Inc., presented information pertaining to letter dated June 1st to Mayor Ferguson and the Council relating to payments in lieu of taxes due to the City in amount of $1.3,989.32, and request of the Company that $3,1t1.~6.60 be paid in December 1976, and spread $10,5l~2.72 payments in arrears over the next twelve years. After consideration of request, interest, a shorter term than twelve years, Alderman Bentley, seconded by Alderman King, moved that a committee be appointed to work with Mr. Wiseman, and bring back to the Council ~heircrecommendation. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. Nay: None . Mayor Ferguson appointed:the following committee: Alderman Rodgers, Chairman, and Aldermen Dickerson and Bentley. Alderman Bentley reported efforts being made to obtain the State Audit Division for the City's year end audit. Alderman Bentley advised damage to garbage trucks have necessitated more repairs than budgeted, however, exact figures will be presented at later date. Institution of policy for responsibility of employee for damages was discussed. Request for transfer of funds in Library Budget was explained by Alderman Bentley, who moved that transfer from 90.10 Utility Account to 90.03 Office Account $225.00. Motion was seconded by Alderman Rodgers. After discussion of amount being for entire year, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. Nay : None . Motion was made by Alderman Bentley, seconded by Alderman Horton that allow the City Attorney up to $50.00 per hour for obtaining legal counsel for our latest lawsuit, selection to be at discretion of the City Attorney. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, ~osgrove, and Dickerson. Nay: None. Alderman Harris reported the Sarnta,tion Committee had extended bid of Hawkins Equipment for ten additional containers. Also, Committee is looking for a used truck to pick up containers, and information on increase of commercial garbage rates will be presented at the next Council meeting. ~ y Alderman Bentley reported the Budget Committee had been requested to consider use of Revenue Sharing Funds for concrete foundation for log cabin to be used for the Museum. Alderman Cosgrove, seconded by Alderman Dickerson, moved that allocate not to exceed $999.99 to the Committee at the discretion of Alderman Cosgrove to check into the concrete foundation for the Museum. Upon vote, the voting was as follows : Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. Nay: None. Mayor Ferguson brought to the Council t s attention letter .~'to ~ Mr. Order .~~ ~Wa~.ason, ~ecutive Director, Housing Authority, from Mr. Robert E. Moore, Area Counsel of Department of Housing and Urban Development, Little Rock Area Office, pertaining to expiration dates of Commissioners James Cage and William Guy Thomas both expiring November, 1980. Excerpts from Minutes of February 6, 1975, were read, thereupon, Alderman Rodgers, seconded by Alderman Cosgrove, moved that Mr. James Cage's appointment to the West Memphis Housing Authority expire in November, 19?9. Upon vote, the voting was as follows: dye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. No : done . excerpts from Minutes of Council Meeting on March ?, 197., were read. In order to clarify term of appointment, Alderman Bentley, seconded by Alderman King, moved that Mr. W. A. Crenshawts term read until November, 1976 on the Housing Authority. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. No: None. Bill Pollard, a Summer Intern for the City, presented a rough draft of a proposed personnel manual. The ~~de. were requested to report suggestions to Alderman Dickerson, Chairman of the Committee, who will refer to Bill Pollard, Jay Woods, and Rick Gallagher the suggestions and revisions. After discussion with department heads, the manual will be resubmitted to the Aldermen. Suggestions were requested by next Council meeting. Pay periods, mandatory retirement, requirement for physical examinations prior to employment were discussed. l~~ir a~ ~y,~ Fe~g'uson announced the next order of business would be appointment of an alderman for Ward 3. Alderman Bentley on behalf of Alderman Grimsley, the other Alderman 3~i~Ward 3 who could not be present, $n~1~ed Doug Morris. After presenting resume, Alderman Bentley moved Doug Morris fill the vacancy in Ward 3 due to the resignation of Alderman Holt. The motion was seconded by Alderman King. Alderman Cosgrove, seconded by Alderman Horton, moved that nominations-cease and elect by acclamation. Roll call vote on the motion Doug Morris fill the vacancy as Alderman in Ward 3, was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, and Dickerson. No : None . Oath of Office was administered to Mr. Doug Morris, Alderman Ward 3. Mayor Ferguson nominated Mr. Hobie Ball to fill the vacancy on the Airport Commission. Alderman King, seconded by Alderman Bentley moved that Hobie Ball be appointed as Airport Commissioner for five years. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove,. Dickerson, and Morris. No : None . 75 The Mayor announced the Auditorium Commissioner appointment will be presented at the next Council meeting. Mayor Ferguson appointed Alderman Tilden Rodgers chairman of the Street Co:nmi.ttee due to the vacancy caused by Alderman Holt's resignation. The annual tax resolutions were read by City Attorney Smith. Alderman Rodgers, seconded by Alderman Dickerson, moved that the resolution for general purposes, debt service, and public city library be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: Alderman: Hightower. The motion carried. The resolution read as follows: RESOLUTION N0. 559 BE IT RESOLVED BY THE_CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of five (5) mills upon the dollar for general purposes, five (5) mills upon the dollar for debt service, and one (1) mill upon the dollar for public city library upon the assessed value of all real and personal property within the limits of the City of West Memphis, Arkansas, be and the same are hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1976. ~~~ Alderman Cosgrove, seconded by Alderman King, moved for a five minute recess. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No : None . (RECESS) Mayor Ferguson called the meeting to order. City Attorney Smith read the resolution pertaining to Firemen's Relief and Pension Fund. Alderman King, seconded by Alderman Harris, moved to adopt the resolution. Upon vote, the voting was as follows: - Aye: Aldermen: Harris Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No : None . The resolution read as follows: RESOLUTION NO. 560 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax~of one {1} mill upon the dollar for Firemen's Relief and Pension Fund upon the assessed value of all real and personal property within the 'ts of the City of West Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1976. ~~ C~ City Attorney Smith read the tax resolution for Policeman~s Pension and Relief Fund. Alderman Cosgrove, seconded by Alderman King, .moved to adopt the resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: None. The resolution read as follows: RESOLUTION No. 561 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of one (l) mill upon the dollar for Policeman~s Pension and Relief Fund upon the assessed value of all real and personal property within the 'ts of the City of West Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1976. Alderman Bentley commented on Utility Department's need for switching gear for the hospital complex and removing lines in front of the City Hall. After consideration, motion was made by Alderman Bentley, seconded by Alderman King, permission be granted to advertise for bids for automatic switching gear and materials. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: None. Alderman Bentley, seconded by Alderman Dickerson, moved give permission to advertise for bids for outfall line for Holiday Gardens and Westwood Acres. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No : None . Alderman Bentley reported Albert Switzer & Associates, Inc. and the staff of Utility Department had canvassed the water treai~ent plant bids, and coymended awarding contract No. 1 to Gulpha Constructors, Inc. $62?,100 and contract No. 2 to Chicago Bridge & Iron Co. $96,7.0; also performance bonds will be required. After discussion, Alderman Bentley, seconded by Alderman Cosgrove, moved that authorize the Mayor to award contract to low bidders for the water treatment plant. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: None. The Council was informed City Attorney Smith ruled the property in question for the location of museum was under jurisdiction of the Library Board and as Board was meeting on June 3rd no action to be taken on the matter at this time. Mayor Ferguson announced tentative plans for Bicentennial ad.ebration rQri~.~~ on July 3rd. City Attorney Stni.th read Proclamation signed by the Mayor proclaiming June 1.l~. to July l~, 19?6, Salute To Honor A~aerica, and a special Bicentennial message from the President of the United States to the City of West Memphis. The Mayor recognized the City Beautiful Commission for their special design and planting of a Bicentennial Garden at the City Hall complex. t ! Mayor Ferguson inquired as to date for meeting with Utility Workers, and concensus was the Mayor write Utility Workers to suggest another date to meet with the Utility Committee. The Mayor appointed Alderman Morris to serve on the Police Commission. Alderman King reported on interview of four applicants for Finance Director, and moved that hire Richard L. Tidwell from Fort Smith at a salary $18,905 and $150.00 a month car expense as Department Head. The motion was seconded by Alderman Cosgrove. During discussion of determination if Finance Director needed, ~signation of Miss Lou Huntley of Bookkeping Department, applicants interviewed, suggestions of auditors, duties of a Finance Director, and qualifications of applica~e~~~ motion-was made by Alderman Bentley, seconded by Alderman King to recess for five minutes. ..Upon vote on motion to recess for five minutes, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No : None . FIVE MINUTE RECESS -Mayor Ferguson called the meeting to order.- Alderman King withdrew motion to employ Richard L. Tidwell, Alderman Cosgrove withdrew his second of the motion. Thereupon, Alderman King, seconded by Alderman Rodgers, moved to_waive the rule and put the item on the agenda. Upon roll call vote, the voting was as follows: Aye: Aldermen: H~crris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No; None. Alderman King moved that hire Richard L. Tidwell at salary of $18,960 per year, $150.00 a month car allowance expense as Finance Director, City of West Memphis, and if this man does not perform in six months he will be subject to removal. The motion was seconded by Alderman Bentley. After discussion of M~.ss Huntley's salary, car allowance, number of employees in Bookkeeping Departmen , the roll call vote on the motion was as follows; Aye: Aldermen; Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No; None. Alderman Bentley announced recommendation of P. G. Para and Joryn Smith of the Utility Department to accept bids of Wesco for the 167 and 750 transformers. Wesco being the low bidder for the 750 KVA and would have the earliest delivery date for the three 167 transformers even though two bids were lower. Differences in bids, anticipation of completion of construction at Scottish Inn, and advance planning of work and materials needed by the Utility Department were discussed. Alderman Bentley, seconded by Alderman Harris, moved to award bids for 750 KVA transformer and three 167 transformers to Wesco. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: None. Mayor Ferguson announced the Bicentennial Committee would like to have a city celebration on July 3rd, raising of flag, turning on fountain, parade and other events to be planned. Alderman Cosgrove, seconded by Alderman Dickerson moved to support the Bicentennial Committee celebration on July 3rd. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No : None . "l8 Alderman Bentley inquired as to construction date for paving S. Avalon, and City Engineer Brawley advised equipment is being moved i.n. Alderman Hightower commented on a meeting at the City Hall on Tuesday evening, and solving o~ some problems of the City. Alderman Horton brought to the Councils attention the eyesore caused by burning of rubber tires and cars between the city limits and bridge. Mrs. Dorothy Ward elaborated on efforts of-the Press Scimitar to eliminate the problem. The Mayor was requested to write the County Judge or the Sheriff about the matter. Bob White aerator of Paramount Janitorial Services, 2202 Broadway stated he had submitted bid for janitorial services for City Hall, but had not been notified who received the bid. - Mr. White was advised the contras was awarded to the lowest bidder. Mr. White asked if citizens receive a copy of the Council Agenda, and was informed would be impossible to do so, however, information is in the Evening Times on Wednesday and a copy of the agenda will be posted on the bulletin board in City Hall on Wednesday. Alderman Dickerson announced a Fire Commission meeting five minutes after Council adjournment . Alderman King; seconded by Alderman Rodgers,-moved to adjourn. Upon vote, the voting .was as follows: Aye: Aldermen: Harris, Hightower, Horton, King, Rodgers, Bentley, Cosgrove, Dickerson, and Morris. No: None. _ ~ ATTEST ^~..~.~-~` ., "" CITY CLERK ~. ~ ~-- IiAYOR APPROVED: