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June 17, 1976'l~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON JUNE 17, 1976. A regularly scheduled meeting of the West Memphis City Council was held in the Council Chambers of City Hall on June 17, 1976. Present were: Mayor Joyce Ferguson, presiding, and Aldermen: Tommy Dickerson, Tilden Rodgers, Doug Morris, Robert Bentley, Robert Cosgrove, Willie Lee Harris, Pritchard Horton, and Don Grimsley, being a quorum. Absent: Alderman James Hightower Mayor Joyce Ferguson called the meeting to order at 1:30 P. M. Eddie Brawley gave the invocation. Mayor Ferguson called for a motion to approve the minutes of the June 3, 1976 City Council Meeting. Motion was made, seconded and carried. Minutes were approved as sent in the Council packets . Mayor Ferguson announced the opening of bids for the Utility Department. Lid- ding was as follows: West Memphis Water Improvement At Union 76 Contractor L & L Contr ac ting Co . Marion, Arkansas Jack 8L Bore 12" Steel Casing Lump Sum $2, 100.20 Jack & Bore 10" Steel Casing Lump Sum $2, 681.00 Strickland Construction Co . Memphis, Tennessee @ $45.00 $3, 150.00 @ $52.50 $3, 075.00 13th Street Outfall Sewer Schedule A Total Amount Bid Alternate #1 Total Amount Bid MICA Construction Co . Hot Springs, Arkansas Bond Enclosed $2 09, 220.00 D.D. Freeland Construction Co. Memphis, Tennessee Woodstock Pipeline & Const. Co . Memphis, Tennessee Bond Enclosed $212, 997.80 Bond Enclosed $177, 379.41 $274, 540.00 -0- -0- Westwood Outfall Sewer & Force Main Contractor Schedule A Total Amount Lid Alternate #1 Total Amount Bid MICA Construction Co . Hot Springs, Arkansas Bond Enclosed $86, 980.00 $88, 140.00 D.D. Freeland Construction Co. Memphis, Tennessee Woodstock Pipeline & Const. Co. Memphis, Tennessee -0- $69, 097.04 Bond Enclosed $56,255.20 -0- 1) iJ Alderman Lentley made the motion that the bids be turned over to the Con- struction Engineer for study and to bring back a recommendation to the Coun- cil at the next meeting. Jackie King seconded the motion. Motion carried. 1Vlayor Ferguson then asked Robert Smith to conduct a hearing for Leo Chitman. (A separate recording was made on the hearing which is attached hereto and made a part hereof the permanent record. ) Mayor declared a five minute recess upon completion of the hearing for Leo Chitman. Mayor called meeting to order after recess and stated the necessity of dis- cussing the matter of longevity for utility workers . Mayor asked if repre- sentatives for workers had discussed this problem with foremen and asked employees to come to sit on the front row. Lill Catt came forward and stated that he represented the West Memphis Utility Commission on the matter of longevity. Discussion was had on this subject between the Council and utility workers . Mr . Catt asked that they be given a decision one way or another . The Mayor stated that the Council had made a decision to postpone previous meeting. Alderman Lentley stated that the request came through the Mayor's office . He said as Chairman of the Utility Committee he would be glad to see that they got something. COMIILIITTEE REPORTS: Drainage Report: Alderman King reported progress in cleaning up lots--good response from citizens . Personnel 1Vlanual Committee: Alderman Dickerson reported that the Aldermen that called him on the sick leave stated they wanted to cut down the number of sick leave days from 20 to 12; one day per month; could still have 00 days this way. It is up to the Council, whatever their wishes are on it. Employees would have one day per month after the first year up to 60 days. Employees would have nothing the first year . A motion was made and seconded that the personnel manual be revised that each employee receive one day of sick leave per month; to accumulate not more than sixty days. Motion carried. Holiday pay was then discussed. Alderman Dickerson made a motion that we leave number of holidays (8) for City employees as it is . 1Vlotion was seconded and carried. Alderman Dickerson brought up the question of health examinations . After discussion, motion was voted on to have someone set criteria for physical examinations before employment. (No motion was made, but it carried on vote . ) Alderman Dickerson stated that on Page 7 a change was made from allowing one day on funerals to two days . Alderman Rodgers made a motion to give two days leave for immediate family. 1Vlotion was duly seconded and unanimously carried. 1Vlayor Ferguson requested t;~iat Alderman Dickerson s committee go back to department heads then back to the Council with the personnel manual, and, hopefully, will be in print by the end of the year. X31. Sanitation Committee: Chairman Willie Lee Harris advised that rate change schedule had been dis- tributed and approval is needed of schedule . Alderman Cosgrove asked Robert Smith to look into ordinance that pertains to barrels and what we have right now. Mayor asked City Attorney, Robert Smith, to report back at next Council Meeting with findings . Mayor stated motion on the floor to approve report as presented. Motion carried. Alderman Harris stated they also had found a truck and asked Eddie Brawley to give details . Discussion was had on possible purchase of 1968 used Inter- national truck from Bryan, Texas . Budget Committee: Alderman Bentley made a motion to appropriate $5 50.00 out of Revenue Sharing Funds for a check signer . Alderman Grimsley seconded the motion. Motion carried. Utility Committee: Alderman Bentley stated the bids were back from the Utility Committee . The consulting engineer from the Utility Department asked that we award bid on Westwood Outfall Sewer & Force Main to Woodstock Construction Company for the sum of $56, 255.20. Motion was duly made and seconded and unanimously carried. Alderman King made a motion to award bid on 13th Street Outfall Sewer to Woodstock Construction Company for the sum of $177, 379.41 according to consulting engineer's recommendations . Motion was duly made and seconded and unanimously carried. Alderman Bentley made a motion to award bid on jack and bore 16" steel casing to B & B Contracting Company, Marion, Arkansas for the sum of $2, 681.00. The motion was seconded by Alderman King and unanimously carried. The Mayor explained that Sarah Smith has report on privilege licenses-- delinquents have been turned over to Police Department for collection. Alderman Horton asked about employees service pins . Mayor advised that we are working on list and ordering pins. Pins will be awarded soon. Alderman Horton stated there apparently is a misunderstanding on some- one's part about charges by the Utility Department in City. P. G. Para stated that according to an ordinance that was passed about three or four weeks ago, the Utility Department is supposed to make a charge. After discussion, Alderman Bentley made a motion that the matter be referred to the Utility Committee . Motion was duly seconded and unanimously carried. Old Business: Alderman Rodgers stated that he and his committee met with Don Wiseman of Langston Bag Company concerning their proposal on how to pay money in lieu of taxes to the City. Proposal was included in packet. The Com- mittee recommended to accept their proposal. Upon motion duly made, seconded, and unanimously carried, it was decided to accept the Langston Bag Company's proposal as follows 82 L.ANGSTON COMPANIES, INC. Schedule of Payments due the City of West Memphis in lieu of Ad Valorem Taxes Year Payment 1970 $0, 910.49 1977 6, 877.43 1978 6, 845.13 1979 6, 812.83 1980 3, 283.20 1981 3, 251.60 1982 3, 220.12 1983 3,189.34 1984 ,158.50 1985 3,128.16 1980 3, 098.14 1987 3, 068.12 1988 3, 038.80 1989 3, 009.60 1990 2, 980.72 1991 2, 951.84 Appointments Sam Lehr was appointed to the Civil Service Commission to replace Doug Morris. City Attorney Robert Smith read the resolution pertaining to the United States Employee Retirement Income Security Act of 1974. Upon motion duly made, seconded and unanimously carried, Resolution No. 562 was adopted as follows: RESOLUTION NO. 5 62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: WHEREAS, in order to comply with the United States Employee Retirement Income Security Act~of 1974, the City Council of the City of West Memphis, Ark- ansas has determined and found it necessary to institute the following program effective immediately. NOW, THEREFORE, BE IT AND THE SAME IS HEREBY RESOLVED that the City of West Memphis Retirement Program be deemed to include the follow- ing provisions effective June 17, 1976, and be operated and administered accordingly. "FIDUCIARY RESPONSIBILITY PROVISIONS" 1. Resolution No . 505 dated December 19, 1974 is repealed. 2. The West Memphis City Council shall appoint one or more named fiduciaries who jointly and severally shall have the authority to control and manage the operation and administration of the retirement program. Unless and until otherwise changed by action of the West Memphis City Council, such named fiduciaries are: JOYCE FERGUSON AND AUBREY HOLD, MAYOR AND TREASURER, RESPECTIVELY, OF THE CITY OF WEST ~~/IEMPHIS, ARKANSAS. ~~ 3. The fiduciaries designated above shall be jointly and severally responsible for establishing and carrying out a funding policy and method consistent with the objectives of the Employer's Retirement Program and the requirements of Title I of the Act. 4. Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. A named fiduciary (or a fiduciary designated by a named fiduciary) may employ one or more persons to render advice with regard to any responsibility such fiduciary has under the Plan. A person who is a named fiduciary ,~,rith respect to control or management of the assets of the Plan may appoint an investment manager or managers to manage any assets of the Plan. The insurance carrier's liability as a fiduciary is limited to that arising from its management of any assets of the Plan held by the insurance carrier in one or more of its separate accounts . 5. Upon appropriate action by the West 1Vlemphis City Council, there may be allocated fiduciary responsibilities (other than trustee responsibilities) among named fiduciaries and provisions made for named fiduciaries to designate persons other than named fiduciaries to carry out fiduciary responsibilities under the Plan. If any fiduciary responsibility of a named fiduciary is allocated to any person or a person is designated to carry out any such responsibility, then such named fiduciary shall not be liable for an act or omission of such person in carrying out such responsibility except as provided by the Act. " PASSED AND APPROVED this 17th day of June, 176. ~~ YCE FERGUSON ATTEST: CHARLES F. DeGRAFF '~ CITY CLERK Permission was requested by Chief Burkhart to advertise for bids for rescue tools for the Fire Department . A ~_~~.erman Dickerson made a motion to grant permission to advertise for bids . Alderman Cosgrove seconded the motion. Upon vote, the motion carried. Permission was asked to advertise for bids on hose dryer for fire station No . 4. Alderman King made a motion to grant permission. Motion was duly seconded and unanimously carried. A request to waive fee for circus was asked by Robert Starford. Alderman Bentley made a motion to postpone decision until we get proper information from the Fire Department. 1Vlotion was duly seconded and carried. The 11/layor stated the next item on the agenda was to amend the budget to include people over 65. 11/layor asked for a motion to put matter on the agenda. Alderman King stated that this problem should never have been brought up. It was settled when the budget was voted on. Alderman Bentley stated the amount of money involved is $38, 000.00. 1V.Iotion to amend budget to include employees over 65 was duly made, seconded, and upon vote, motion was defeated with all members voting no . Alderman Rodgers made a motion that this item be put on the agenda, to amend the budget to include employees over 65 for one month. Upon roll call vote, it was decided unanimously to put said item on agenda. Alderman Rodgers made a motion to amend the budget to include one more month's salary on these employees until July 31, 1976. Alderman King stated that he would like to see this revised until July 15th. Upon 1VLr . Rodger's motion being duly seconded and roll call vote, it was decided to amend the budget to include salaries for people over 65 until July 31, 1976. Voting was as follows: Ayes: Aldermen: Horton, Morris, Rodgers, Bentley, Dickerson, Harris, Cosgrove, Grimsley No : Alderman King The motion thereupon carried by a vote of eight to one . Announcements Temple Industries sent another $5, 000. Richard Tidwell, our new Finance Director, will be here July 19. Bill Alexander sent a flag that flew over nations Capitol on 11/Iay 14; will be raised over City Hall on July 3rd. Appointed new members to the City Beautiful Commission each for a term of three years as follows: 1V1rs . Oliver W. Larue 413 Tulane West Memphis, Arkansas l~/Irs . William B. Lawlar 822 North Roselawn West Memphis, Arkansas 11/lrs . E F. Wade 403 Tulane West Memphis, Arkansas 1Vlayor stated she wanted to confer with the Auditorium Commission before making appointment to the Auditorium Commission. Mayor stated new member to Civil Service Commission will be considered later . There were no citizen's requests . Alderman Bentley announced a Utility Committee Meeting immediately after the Council 11/leeting in Council Chambers . Alderman Cosgrove commented on 11/luseum using space on the library s property. He commented on Boys Club report; stated necessity in doing something about Don Zimmerman s letter . Eddie Brawley was asked in whose jurisdiction is a large dead tree in the easement. IV1r. Brawley advised this is normally the property owner's responsibility. Alderman Tlarris asked if we have all the equipment for the park on 13th Street. 11L[ayo r : Yes . Alderman Grimsley made a motion that the meeting be adjourned. The motion was duly seconded, and upon vote, the voting was as follows: c-~ Ayes: Aldermen: Harris, Horton, 1Vlorris, Rodgers, Bentley, Dickerson, King, Cosgrove, and Grimsley. No : None . MAYOR ATTEST i CITY CLERK APPROVED: ~J ~~ HEARING June 17, 1976 Robert Smith, City Attorney: I would like for the record to show that the opportunity was given to 1V1r. Turner to present a hearing at this time on June 17, 1.97 6. Samuel Turner identified himself as Attorney for Leo Chitman and declined the offer of a hearing. Mr . Turner stated that Leo Chitman on 11/Iay 21, 1976, was notified by letter by lVLr. Thomas Dickerson, as Vice-Mayor, that he was removed from the Civil Service Roard of Commissioners. 1VIr. Turner further stated that 1V1r . Chitman would like to have answers to the following questions 1. For what specific cause or causes did the West 1Vlemphis City Council remove him from the West 1Vlemphis Civil Service Roard of Commissioners`? 2. Why was he not informed before council action on May 20, 1976? 3. Why was he not given the opportunity to defend himself on such charges before he was removed2 Mr . Turner : At this time, I will entertain any answers to questions and repeated questions as above . Alderman Rodgers: I would like to answer his questions with some questions of my own. I would like to ask his client some questions . Mr . Turner: I am afraid that's not possible or necessary. We are here to get answers to these questions. If we don't get them, we will see otherwise. He has been dismissed from the Civil Service Commission for cause, has right to know what cause . Rodgers: In my question you would get cause he was removed. Mr . Turner: Not allowed, not here . Alderman Rodgers: You asked for a hearing. 1VIr. Turner: I did ask for a hearing. Did you read my letter`? Letter from Samuel Turner is as follows: June 7, 1976 The Honorable Joyce Ferguson, 1Vlayor City of West 1Vlemphis 205 South Redding West 1Vlemphis, Arkansas 72301 Re: West 1Vlemphis City Council Removal ~, of Leo Chitman from the West 1VIe mphis Civil Service Roard of Commissioners Dear Mayor Ferguson: Mr. Leo Chitman has employed me to represent him with respect to the West 1Vlemphis Council's action on May 20th, 1976, to remove him from the 1~Vest 1Vlemphis Civil Service Roard of Commissioners . On May 21, 1976 he received a letter from Vice Mayor, Thomas Dicker- son, informing him that the West Memphis City Council at its regular meeting on Thursday, May 20, 1976 removed him from the West Memphis Civil Ser- vice Board of Commissioners for cause. For what specific causes or reasons did the West Memphis City Council remove Mr. Chitman from the West Mem- phis Civil Service Board of Commissioners`? Why was he not informed of these causes or reasons before the Council's action on May 20, 19762 Why was he not given an opportunity to defend himself against such causes`? I would appreciate your immediate response to the above questions . If I have not heard from you on or before June 14, 1976, I will assume that the West Memphis City Council has no intentions of giving Mr. Chitman any specific reasons for his removal from the West Memphis Civil Service Board of Commissioners. Sincerely yours, Samule Turner, Jr . Attorney At Law Rodgers: Do we have any law that says we have to give notice of removal from the Civil Service Commission? Turner : You have to have removal for cause . Rodgers: Is there any law that says we have to inform the man prior to :.his removal ? Turner: Yes sir . 14th Amendment to the Constitution -due process . A man has a right to know what he is charged with before he is removed from any public office . Right to notice, right to defend himself against the cause he was charged with. Alderman King: Mr . Turner, I thought about last week the Supreme Court, I thought any public servant could be removed without cause . Held up by the Supreme Court in a bonafide decision. Rodgers: Council by atwo-thirds vote may remove any member for cause. Turner: That s your law according to your law, your act, provided that any member of the Civil Service Commission can be removed by atwo-thirds vote for cause . Rodgers: Lack of cooperation. Alderman King: Says we don't have to give cause. Turner: No, it didn't say that. King: Supreme Court did though . Turner: Supreme Court hasn't interpreted this section here yet. Rodgers: Mr. City Attorney, we say cause is lack of cooperation with the City ? Robert Smith, City Attorney: Mr . Turner, as I understand it, the question that you asked the Council was the reason that he was removed for cause and Mr. Rodgers, did you want to answer that specific question2 _ __- ~ Rodgers: Lack of cooperation with the City; conflict of interest. 'Turner: Conflict of interest? In what way? Horton: That answers your question. Turner: That doesn't, it's too broad, too general and could mean anything. Horton: I agree with you and that answers your question. Attorney Smith: Mr . Turner, if the Council says that answers your question, we're not here to bedate the thing. Xou asked specific questions and you make specific answers . Now, I don t think at this point we can determine if we answer questions to satisfy your mind or not; but I feel that in their mind they have answered the questions . I think that is the way it is going to be . Turner : In light of the re wspaper articles that have been printed ? Indicated that Mr. Chitman was removed because he filed suit against the City, HUD, in respect to the Kuhn Road Park, and we, it could mean that conflict of interest could have meant that ? Any other thing, that is what we want to know, what ? Dickerson: I think that was the newspaper article. Turner: Wanted to find out if that was the reason. Dickerson: I think that was the newspaper article . Turner: You're not going to deny or confirm whether it was the cause--he filed suit ? King: We are sitting up here answering your questions, are you going to turn around and answer us now ? Turner: Whatever Mr . Chitman tells me to do . Turner: Mr. Chitman, you shouldn't answer that question. Rodgers: Now law says we had to do that before his removal. «~' Turner: I assume this is the answer from all of you gentlemen?