January 6, 197711
MINUTES OF A REGULAR MEETING
OF THE WEST MEMPHIS CITY COUNCIL
January 6, 19 7 7
A regular meeting of the West Memphis City Council Was held
on January 6, 197 7 at 1: 3 0 p, m. , in the Council Chamber at City Hall,
West Memphis, Arkansas. Present Were:
Mayor Joyce T. Ferguson
City Attorney Robert L. Smith
Aldermen:
Charles H. Hampton
Roberta Jackson
R. H. Ray
C. D. Shelton
W. R. Spencer
Lloyd J. Woodell
Don Grimsley
James HightoW er
Pritchard Horton
Doug Morris
being a kquorum.
The Mayor called the meeting to order and opened the meeting
With prayer. The Mayor announced a motion Was in order to approve
the minutes of the last meeting as sent in the packets.
Alderman Shelton made a motion that in view of the Four Hundred
Thousand Dollar figure refered to as being left by the old council, he
Would have the minutes refered ~ the Budget Committee to account
for the money and then brought back to council meeting. Roberta
Jackson seconded the motion. Upon voting the motion Was unanimously
carried and the Mayor announced that the minutes are hereby deleted
from this meeting.
Upon request for Committee Reports from the Mayor, Alderman
Grimsley asked permission to Waive the bids on a lift pump because of
an emergency situation, making a motion that the council Waive the rules
and put this item on the agenda. Upon a second to the motion and being
unanimously carried, the item Was put on the agenda. Alderman Grimsley
made a motion to Waive bids on a replacement pump. Alderman Horton
seconded the motion and upon vote, it Was
RESOLVED, That the Council Waive bids on a (lift pump
replacement pump and approve the purchase of purchase)
the pump by the Utility Department.
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There being no further Committee Reports, the Mayor advised
the first matter to come before the Council under old business would
be a Resolution to Amend Resolution No. 526. The City Attorney read
the resolution. Alderman Morris made a motion that the Council
adopt the resolution. Upon the motion being seconded and roll call
vote, it was unanimously
RESOLVED, That Resolution 526 be amended as
follows
~j "'~ _
RESOLUTION N0. / ~J
WHEREAS, the City Council of the City of West Memphis,
Arkansas is concerned with. many important matters of interest to
our City which take considerable thought and time for the Mayor
and City Council, and
WHEREAS, it is believed to be in the best interest. of the
entire City that all of these matters, including Resolutions and
Ordinances be placed in writing at a time that the Council can
consider this business, and
WHEREAS, it is believed that it is advisable to establish
some time as a cut off date to bring these matters before the
Council, and
WHEREAS, it. is -believed that Resolution No. 526-dated April
3, 1975, be amended by adding a Paragraph No. 3 which shall
S L3.te as follows : "Any item to be placed on the- West Memphis City
Council Agenda shall be authorized. by the Mayor or any ti~o (2}
--
M1~.hes~_men.
THEREFORE, BE IT RESOLVED THAT:
1. All Resolutions and Ordinances in writing and matters
to come before the City Council rnust be placed on the Agenda not
later than Noon on the Monday preceding the Council Meetingo
20 Anything that is not placed on the Agenda by Noon on the
~fonda;;t preceding the Council Meeting and hand carried. to the
~je-.t, ~~iezriphis Council Members by 5 pam, on -Tuesday preceding the
~~'}~urs~~ay meeting may not be brought. up ~t the Council Meeting
~~nles,:~ there is a unanimous vote of the. Council l~Jiembers prLsent
t~. ~~, ~~ ~.re such a requi r~~~mpnt .
3
3. Any item to be placed on the ~•Jest Memphis City Council
Agenda shall be authorized by the Mayor or any two (2~ Aldermen.
PASSED AND APPROVED this day of ~A I'Y ~ ~ ~ ,~._,,
197
MAYOR
ATTEST:
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CITY CLERK
The next item of Old Business Was the first reading of an
Ordinance to amend Ordinance 784, pertaining to plumbers license
costs. Alderman Horton made a motion to adopt the Ordinance on the
first reading. Upon being seconded -and roll call vote, it Was unanimously
RESOLVED, That the Ordinance to amend Ordinance (plumbers
784 be adopted on the first reading. license)
Amend 7 84
Mayor Ferguson announced the City Attorney Would read for
the third time an Ordinance to rezone for mini Warehouses . Alderman
Horton, in order to get the matter on the floor, made a motion the council
adopt the Ordinance on the third reading. Alderman Jackson seconded the
motion. After discussion and the presentation of a petition from interested
citizens, Alderman Shelton made a motion to refer the matter back to the
Planning Commission. Alderman Horton seconded the motion and upon
roll call vote it Was unanimously
RESOLVED, That the matter of rezoning certain (rezone for
property for miniWarehouses be refered back to -miniware-
the Planning Commission for further study and houses)
then be brought back to the Council.
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The next item of Old Business to come before the Council was
the second reading of an Ordinance to prohibit meter tampering. After
the second reading by the City Attorney, upon motion duly made,
seconded and roll call vote, it was unanimously
RESOLVED, That an Ordinance to prohibit meter (meter
tampering be and hereby is adopted on the second tampering
reading.
The first item of New Business to come before the Council
was a discussion of discretionary funds of the Community Development
program. After lengthy discussion, with audience participation, the
Mayor called for a motion concerning the discretionary funds. Alder-
man Ray made a motion that this matter be continued for fifteen days
or until the next council meeting. The motion was seconded by
Alderman Jackson. Alderman Horton suggested the Mayor appoint a
committee to work with County and other officials on the matter of
discretionary funds. After more discussion by the council and county
officials and interested citizens, and upon roll call vote, it was
.,
RESOLVED, That a decision on the matter of (discretion-
discretionary funds be delayed for fifteen days. ary funds)
Roll Call voting was as follows:
Alderman Hampton -Aye
Alderman Jackson -Aye
Alderman Ray -Aye
Alderman Shelton -Aye
Alderman Spencer -Aye
Alderman Woodell - No
Alderman Grimsley - No
Alderman Hightower -Aye
Alderman Horton - No
Alderman Morris - No
The Mayor appointed a Committee to work with this and in-
structed the newly appointed committee to come back next Council
meeting. The appointees were as follows:
Alderman Hampton,
Alderman Jackson,
Alderman Horton, Chairman
The next item of New Business was a Resolution to rescind
all present Commission, Committee and Board appointments.
Alderman Horton made a motion to adopt the Resolution. Upon
second and roll call vote, it was unanimously
t~LSC)L,~`I'1.0~~~ ,~~~. ~ ,r' J'~
~~-I~., ~ ~~ ~ ~<,.a.}'y to ~. ~~~ C.:i_i~?. ~~1~ ~. ~~~~o:i.ntm ~n -C,
x~~{A , -~ t i_s n~,cc~~ 1 r
to ~?oa.°ds, Corn-r~L:~.ss'~_orls any ~='01~~~_ 1- ttces :~_r~ ord.f~ ~~ :~ o:~~ the ~f~-:~~yor
off' ~,:e:ie Cit~T off' ~°~est l~-~emph:~_s, A:~~<~~.rl gas to m-~~Le n~~ti-~ ap~~o:i-.nt~~~ent~:~
va~_id;
.l. Al~l_ avpo~.n'cments to Boards, Co.~r~iss~E_o~~~s and Committees
are I~c~:~f~cb~yT. r~sc:i_nded e:f'1 ects_ve this date,
` `_~ ~',
PASSED AND A:~'I'RO~TE<<~ this f%~ e?ay of s..- ~ ,~ " F':: ~ ~•~,
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I`9A Y OR
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RESOLVED, That all Commission, Committee
and Board appointments be and hereby are
rescinded.
The next item of New Business was a Resolution recom-
mending possible changes in laws to Legislative Delegation. After
the Resolution was read by the City Attorney, Alderman Woodell
made a motion to substitute paragraph One with " 1. That the
(rescind
appoint-
ments)
West Memphis City Council subject to the approval of the EACC Board
and its administration recognizes that the Director of Higher Educa-
tion in the Governor's Cabinet and the Higher Education Department
of the Arkansas State Board of Education must sanction and approve
a West Memphis Branch of the aforementioned Community College
and hereby goes on record pledging full cooperation and support in
expediting awarding to EACC a West Memphis Branch. " Upon motion
being duly seconded and roll call vote it was unanimously
RESOLVED, That the above paragraph be sub- (change in
s titute d in the Resolution. law change s
resolution}
After questioning on Paragraph 4, Section by
Alderman Spencer, Alderman Shelton made a motion to delete Section
of Paragraph 4. Alderman Spencer seconded the motion and after
further discussion and upon roll call vote,- it was
RESOLVED, That Section e of Paragraph 4 be de- (delete
leted from the Resolution. Sec. e:
para 4)
Roll Call Vote was as follows: Roll Call Vote on Resolution (as amended}
Alderman Hampton - No
Alderman Jackson -Aye
Alderman Ray -Aye
Alderman Shelton -Aye
Alderman Spencer -Aye
Alderman Woodell -Aye
Alderman Grimsley -Aye
Alderman Hightower -Aye
Alderman Horton - No
Alderman Morris - No
Alderman Hampton -Aye
Alderman Jackson -Aye
Alderman Ray -Aye
Alderman Shelton -Aye
Alderman Spencer -Aye
Alderman Woodell -Aye
Alderman Grimsley -Aye
Alderman Hightower -Aye
Alderman Horton -Aye
Alderman Morris -Aye
The City Attorney read an Ordinance to create a new Utility
Committee. Alderman Morris made a motion to adopt the Ordinance
on the first reading. The motion was seconded. Alderman Spencer
made a motion to table the Ordinance for thirty days. Alderman
;~
~' , ° ,.
A.lde.rman Jackson seconded the motion and upon roll call vote it was
RESOLVED, That the Ordinance creating a
new Utility Committee be and hereby is
tabled for thirty days.
Roll call vote was as follows:
Alderman Hampton - No
Alderman Jackson -Aye
Alderman Ray -Aye
Alderman Shelton -Aye
Alderman Spencer -Aye
Alderman Woodell - No
Alderman Grimsley -Aye
Alderman Hightower -Aye
Alderman Horton - No
Alderman Morris - No
(utility comm.
ord. tabled
30 days)
~A.lderman Ray made a motion to refer the above Ordinance to
the Ordinance Committee. Alderman Hampton seconded the motion
and after discussion and upon roll call vote, it was
RESOLVED, That the Ordinance crea ting a
new Utility Committee be and hereby is re-
fered to the Ord~.ance Committee.
Roll Call vote was as follows:
Alderman Hampton -Aye
Alderman Jackson -Aye
Alderman Ray -Aye
Alderman Shelton -Aye
Alderman Spencer -Aye
Alderman Woodell -Aye
Alderman Grimsley - No
Alderman Hightower -Aye
Alderman Horton - No
Alderman Morris - No
(utility ord.
refered to
ord. comm.
Mayor Ferguson then appointed Aldermen: ~rri~ley,.~,t A„1~d~rman Morris
to the Ordinance Committee to increase the number serving to five.
Mayor Ferguson announced the next order of business to be
the request for permission to sign a contract for consulting engineer.
Alderman Grimsley made a motion to table the matter for two weeks.
Alderman Jackson seconded the motion and upon roll call vote, it was
unanimously
RESmLYED, That permission to sign a contract (table eng.
for a consulting engineer be tabled for two weeks. contract
2 weeks)
...~
' Y
R1~;SOLUTION NO. 575
WHEREAS, the West Memphis City Council desires to obtain a
branch of the East Arkansas Community College, and
WHEREAS, the West Mexnphi.s City Council pledges full support
and cooperation to the Board and Administration of the East Arkansas
Community College now operating its main facility at Forrest City,
Arkansas in St. Francis County, and
Wl-1EltiEAS, the West Memphis City Council additionally wishes to
go on record in .fully supporting the Crittenden County Legislative Delega-
tion in pursuit of the desired objective;
THEREFORE, BE XT RESOLVED:
1. That the West Memphis City Council subject tv the approval
of the EACC Board and its administration recognizes that the Director of
Higher Education in the Governor's Cabinet and the Higher Education De-
partment of the Arkansas State Board of Education must sanction and
approve a West Memphis Branch. of the aforementioned Community College
and hereby goes on record pledging full cooperation and support in
expediting awarding to EAr'C a West 1Vlemphis Branch.
2. That the present motel tax ~~jhich the Cities of the l~~'irst Class
may pass as a tax on motels be amended to allotiv the revenues derived.
therefrom to be allocated to the General Fund of the Cities of the First Class.
3. 'That th.e present law which reserves tl~e right of the legislature to
allocate surplus funds of municipal utilities be amended to allow this po~~~er
to be placed in the hands of Cities of the First Class, «-hick would amend
Act 2G6, of 1971, of th.e Arkansas General Assembly.
4. rI'hc follo`~~ing are changes requested in the Civil Service Lati~~
No. 29?, as amended by Act G14 oi' 1975, of the General Assembly:
a. Remove px~ollibition on lateral transfer.
b. Define political activity as it, is very restrictive noiv.
c, ti'Vhat may be appealed to Civil Service ? The rate of pay
is a.n issue upon ~,~hich ~~~e especially need lc~islation.
We need specifics on sus~,ensioil. Is this offense
appealable ?
d. Temporary hire -move fror_~ sixty Es0} days to
ninety (90) days.
5. 'That a copy of this Resolution be mailed to:
The I=lonorak~le VV. IL. "13111" Ir~graaz~, State Senator
The Honorable Lloyd McCuiston, State Representative.
The Honorable Kent Rubens, State I~epresentativc
The Honorable James Stockley, State Representative.
PASSED AND APPROVED this r. ~ %~ day of , ,~- -,~;~ ~--~ '' ~
~,
1977.
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Mayor ,
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ATTIw;ST:
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The Mayor announced the next item on the agenda would be the
appointment of a Vice Mayor. Mayor Ferguson appointed Pritchard
Horton as Vice Mayor and asked the Council for voice vote approval.
The appointment of Pritchard Horton as Vice Mayor was unanimously
approved by voice vote of the Council.
Alderman Horton accepted the appointment and expressed his
appreciation of the confidence bestowed and stated that in the absence
of the Mayor the City would be run to the best of his knowledge and
honesty. The Mayor and Vice Mayor expressed confidence in the
new Aldermen and City Council.
Mayor Ferguson called for a motion for approval of list of
Commissions, Committees and Boards. Alderman Jackson requested
that the name of Wally Caradine be removed as he has moved away.
Alderman Jackson also expressed a desire to have the Auditorium
and Library Board enlarged.
Mayor Ferguson stated she was adding Alderman Hampton to
the drainage Committee. Upon motion being duly made, seconded
and unanimously approved, it was
RESOLVED, That the attached list of members (committee
of Commissions, Committees and Boards is list approved)
hereby approved.
Announcements made by Mayor Ferguson were as follows:
Corps of Engineers Public Meeting January 31.
Meeting tentatively set with officials in Little Rock
on zero plus dialing.
General Assembly convenes Monday.
Fire and Police will be using Tabernacle Gym.
City to use new payroll system.
New Shop Manager hired -Cecil Kerley
Alderman Hampton asked what damages ~v.ere on Tabernacle
from burst pipes . City Inspector, Calvin Avery reported damages
to be very small.
Alderman Woodell made a motion that East Arkansas Community
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College be permitted to move from the Civic Center to the small building
adjacent to Tabernacle for the spring semester with rent remaining the same
as it is now. After discussion and upon motion being duly seconded
and unanimously carried, it was
RESOLVED, That East Arkansas Community
College be and hereby is permitted to move from
the Civic Center to the small building adjacent.
to Tabbernacle for the spring semester.
Mayor Ferguson asked that a new agreement be made with
East Arkansas Community College.
Alderman Grimsley made a motion to adjourn at 4:15 p. m.
Upon motion being duly seconded and unanimously approved, the
meeting adjourned at 4:15 p, m.
(college
to move
O/~, ~_
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Mayor
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~~ City Clerk
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