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February 17, 1977~~ MINUTES WEST MEMPHIS CITY COUNCIL FEBRUARY 17, 197 7 A regular meeting of the West Memphis City Council was held on February 17, 1977, in the council chamber at West Memphis City Hall at 1:30 p. m. Present were: MAYOR Joyce T. Ferguson CITY ATTORNEY Robert Smith ALDERMEN: Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton ~, R. S. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower being a quorum. After a hearing on the Delta Case Bond issue, the Mayor called the meeting to order. Prayer was offered by Revenend S. J. Parker. The Mayor called for a motion to approve or correct the minutes of February 3, 1977. Alderman Grimsley made a motion to approve the minutes of February 3, 1977. Alderman Morris seconded the motion. Mayor Ferguson asked that the signature line be corrected to show "Vice" Mayor instead of "Mayor; " also to insert the words "copy of ordinance follows" for Ordinance 880. Upon voting, the minutes were unanimously approved as corrected. Mayor Ferguson asked for Committee reports, the first being from the Ordinance Committee. Alderman Shelton reported that the Ordinance Committee had met and had decided although he personally opposed the ordinance, to submit the ordinance establishing a new Utility Committee for a vote. Alderman Spencer reported from the Budget Committee that on the matter of money for the Highway Safety Program approved by the council for the Police Department, the Budget Committee feels the money can be obtained by reworking the Police Department Budget. ~, ;. ~~ The law suit of Eliza Williams was discussed. City Attorney Smith explained the manner of settlement and the expense involved by not settling. The Mayor asked for a motion to refer the matter back to the Budget Committee. Alderman Spencer made a motion to refer the matter back to the Budget Committee. Alderman Hightower asked that he be notified of the Budget Committee meeting so he could offer some facts on the Eliza Williams case. Upon vote, it was unanimously (E. Williams RESOLVED, That the matter of the (E. Williams lawsuit) Williams lawsuit be refered back to lawsuit- the Budget Committee. Budget Comb Committee reports were interrupted so that Mr. Jan Thomas could make an announcement regarding the LaSalle: Expedition II. This expedition will arrive in West Memphis Sunday, February 27 and asked the Mayor and City Council to be present at 1:00 p, m. , Sunday to receive the voyagers and see the first presentation they have. On other action from the Budget Committee, Alderman Spencer ~.ade ~. ~no~tio~ to:e~d-v.~r~tise-:fare adclitioraail.bidsl on::: est. ''#~ p-, control- Alderman Jackson seconded the motion. Upon vote, it was unanimously (pest RESOLVED, That the city advertise for control) additional bids on pest control. Alderman Spencer made a motion that the city extend the tire contract from last year. Upon motion being duly seconded and voice vote, it was unanimously (tire RESOLVED, That the present tire contract contract) be extended. Chairman of the Utility Committee, Alderman Grimsley made a motion to start negotiations with AP&L for a new sub- station in the vicinity of Dover Road. Alderman Hampton seconded the motion. During discussion, Alderman Hampton asked Joryn Smith to give some facts regarding utility bills and the department. Alderman Spencer requested that P. G. Para and Dick Tidwell docu- (pest control) k'"~ d ~~ - ment from the Utility books all facts pertaining to the $719, 000 from the AP&L settlement for positive proof on how much money the city absorbed before the rate increases were passed on to the customers, how much in attorney fees, etc. Other Aldermen agreed to get figures from Mr. Tidwell to become part of the minutes of next council meeting because citizens want to know if .they are due any of the money back. Upon motion duly made, seconded and roll call vote, it was unanimously RESOLVED, That the city begin negotiations (new sub- with AP&L for a new substation in the vicinity st A1,&L) of Dover Road. Alderman Grimsley made a motion to grant permission for the Utility Department to advertise for bids for the following Capacitors, hangers and switches. These 6, 600 KVAR capacitors are recommended by Allen & Hoshall in .their report. They would improve the power factor to approximately 97% and reduce $34, 500. 00 in line losses to $25, 200. 00, a saving of $9, 300. 00 annually. These are immediate savings and will start as soon as installed. The cost of these units, including labor cost, were estimated at $24, 000. 00. The ~~Y savings of $9, 300. 00 would pay for them in less than 31 months. These savings amount to $775. 00 per month and should be installed as soon as possible. Alderman Horton seconded the motion to grant permission to advertise for bids and upon roll call vote, it was unanimously RESOLVED, That the Utility Department (Utility be and hereby is given permission to ad- Dept. permi~ vertise for bids for capacitors, hangers Sion to adv. and switches. for bids) Alderman Hampton reported from the Street Committee that bids were advertised for on February 2 and February 16 for the Asphalt Distributor and Cab and Chassis and Mrs. Wheeler had worked bids up where there should be no conflict in having two separate bids. City will be working on stop signs after next meeting. t~ ~-~ ~-_ ~~ Alderman Woodell reported from the Higher Education Com- mittee that Dr. Spencer+would be here from the State Board of Higher Education Monday for the purpose of reviewing some of the things in. the application. Mayor Ferguson recognized Vernon Turk from the Auditorium Commission who spoke against increasing the membership of the com- mission from five to seven members. (Aud~rium The Mayor advised the first item of old business was the Com. increase fails) ordinance on increasing the Auditorium Commission from five to seven members. City Attorney Robert Smith read the ordinance for the third and final time. Alderman Shelton made a motion to adopt the ordinance on the third reading. Alderman Jackson seconded the motion and upon roll call vote, it was defeated. Those voting against the ordinance were: ~,~~.~~:e~r Aldermen Horton, Morris, c~.,~'~r, Woodell, Grimsley. Those voting Sh eitc~ for the ordinance were: Aldermen Jackson, Ray~.~e~e~e~, Hightower. Alderman Hampton abstained. The Mayor announced the next items under old business' were the ordinances setting city officials salary. City Attorney Robert Smith read for the third and final time an ordinance to establish compensation for the Mayor of the City of West Memphis. Alderman Grimsley made a motion to adopt the ordinance on the third reading. Alderman Hampton seconded the motion. Upon roll call vote, it was unanimously (Mayor's RESOLVED, That the ordinance be adopted on salary the third reading stating that effective January 1, ord.) 19??, the salary of the Mayor of the City of West #882 Memphis, Arkansas, shall be Twelve Thousand Dollars ($12, 000. 00) annually, with an additional Four Thousand Dollars ~4, 000. 00} for expense. Ordinance No. 882 ~. ~~a, a '~ ~, ORDINANCE N0. U V AN ORDINANCE TO ESTABLISH COMPENSATIAO~ ASTHE MAYOR OF THE C.~TY OF WEST MEMPHIS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST ' MEMPHIS, ARKANSAS® Section 1 a Effective January ~.,~ 1.977, the salary. of the Mayor of the City of West Memphis, Aransas, shall be _ _ __.._ Twelve Thousand Dollars ($12,000©00) ~~ually, with an additional. Four Thousand Dollars ($~-, 000.00) for expense _~~~,~~:. Section 2. All ordinances and resolutions or parts~of ordinances and .resolutions in conflict herewith are hereby repealed.. ~~ ~~~~ PASSED AND APPROVED this ~ / .day of ~ , .. 197 7. O~G~ AYOR ' ATTEST: ~~ ~ CITY CLERK f -~ ~~~ compensation for the City Clerk for ;the City of West Memp~ris, Arkansas. Alderman Grimsley made a motion. to adopt the ordinance on the third reading. Alderman Ray seconded the emotion.' Upon roll call vote, it was unanimously _ (Clerk's RESOLVED, That the ordinance be ado ted salar p Y ~ on the third reading stating that effective Ord. No. -883) January 1, 1977, the salary of the City Clerk r of the City of West Memphis shall be Three :. ~ Thousand Dollars ($3, 000. 00) annually,-.with- - - ~ an add~`tional One Thousand Two Hundred Dollars ($1, 200. 00) for expense.. ORDINANCE N0. AN ORDINANCE TO ESTABLISH COMPENSATION FOR THE CITY CLERK OF THE CITY. OF WEST MEMPHIS,, .ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHISs ARKANSAS: Section 1. Effective January 1, 197?, the .salary of the City Clerk of the City of West Memphis,,. Arkansas shall be Three Thousand Dollars (3,' 000. 00) annually, with an additional One Thousand Two Hundred Dollars. {$1, 200.00) for expense. ......r... ~.... ._.._.~ Section 2. .All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed PASSED AND APPROVED this 197. day. of _ #" ~~~ v''~G~'J ~~~,. ~~ ~~ MAYOR .T ATTEST . _.- , ~~ .~--~ . CITY CLERK ~~ - City Attorney Robert Smith read an ordinance to establish om ensation for the City Attorney for .the City of West Memphis, c p nsas. U on motion being made by Alderman Grimsley and Arka - p ded b Alderman Spencer and roll call vote, it was ~xnanimously secon y RESOLVED, That the ordinance be adopted on the third reading stating that effective January 1, '' 197?, the salary of the City Attorney of the City '~ of West Memphis shall be Twelve Thousand Dollars ($12, 000. 00) annually with an additional - Two Thousand Four Hundred Dollars ($2, 400. 00) annually for- expenses. ORDINANCE N0. ._.~~ (C-ity Atty. salary Ord. 884) AN ORDINANCE TO ESTABLISH COMPENSATION FOR THE CITY ATTORNEY OF THE CITY OF WEST MEMPHIS, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-WEST ME'~MP~ISx ARKANSAS: Section 1. Effective January 1, 1977, the salary of the City Attorney of the City of West Memphis,. Arkansas shall be Twelve Thousand Dollars ($12,000.00} annually with an additional .. Two Thousand Four Hundred Dollars ($2,00.00} annually for expense Section 2. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. ' da of f ~~ ~ ~ ~ /~ PASSED AND APPROVED th. i s y „~, , _~~ 1977. ~~ MAYOR ATTEST o ~ „~-, ~,,.~ ~~~ r` ~- CITY CLERK ~~ - ~ ~~ ~~~ .,~ _ -_-.~ _. y._ ~_ 40 City Attorney Robert Smith read an ordinance to establish compensation for the Treasurer for the Cit~r of West 1V~emphis, - Arkansas. Upon motion being made by Alderman Hampton and seconded by Alderman Grimsley and upon roll call vote, i't was unanimously (Treasurer salary Ord. 885) s ..f RESOLVED, That- the ordinance be :adopted on the third reading stating that effective January 1; 1977, the salary of the Treasurer.of the City of West Memphis shall be Two Thousand Four Hundred Dollars ($2, 400. 00) annually, with an additional One Thousand -Eight Hundred Dollars ($1, 800.00) for expenses. - :~ . ORDINANCE N0. AN ORDINANCE TO ESTABLISH COMPENSATION FOR THE. CITY TREASURER OF THE CI'T'Y OF WEST .MEMPHIS ~ ARKANSAS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,. ARKANSAS: Section 1. Effective January 1, 1977, the salary of the City Treasurer of the City of West Memphis, Arkansas shall be T a Fur Hundred Dollars 2 x-00 00 annuall with an ' 0 T E' H D a 1 800 0o se4. Section 20 All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this ~ day. of ~ ~ ~ .G~ ~ ~ ~ ~`,,,~'~ ~,_..o.,~,..~.... 1977 ATTEST: `~ MAYOR - CITY CLERK ~~ ~, ~~ . City Attorney Robert Smith read an ordinance to establish om ensation for the Aldermen of the City of West Memphis, Arkansas. c p lderman Hampton made a motion to adopt the ordinance on the third A Alderman Grimsley seconded the motion and upon roll call reading. vote, it w as unanimously } RESOLVED, That the ordinance be adopted. on . the third reading stating that effective January 1, 1977, the salary of Alderman of the City of West Memphis, Arkansas, shall be Two Thousand ` Four Hundred Dollars ($2, 400. 00) annual]-y, with an additional Six Hundred Dollars ($600. 00} ~ annually .. _ _ . for expenses. e - ~ pR,DINANCE N0. ~ ~ AN ORDINANCE TO ESTABLISH COMPENSATION FOR THE ALDERMEN OF THE CITY O F ~TESZ' MEMPHIS , ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST. MEMPHIS, ARKANSASo (Aldermen salaries` Ord. 886) Section 1 e Effective January 1, 1977,_ the salary of each Alderman of the City of West Memphis, Arkansas shall be Two Thousand Four Hundred Dollars ($2,~-00.00 annually, with an additional Six Hundred Dollars $600000 annually for expense ~~ Section 2. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repea~.ed~ A ~ '.-~`~ PASSED AND APPROVED this ~ day of ~ ~ ~~ , 19'~ ~~~ MAYOR ATTEST: /''~ '~ ~ l'~ -_ - s^ ~ CITY CLERK `<~' a~ ~. 2 _ . City Attorney Robert Smith read an ordinance to increase the ` membership of the Library Board of Trustees from five to seven . Alderman Shelton made a motion to adopt the .ordinance. on the thir d reading. Alderman Grimsley seconded the motion and. upon roll call vote, it Was unanimously (Library RESOLVED, That the ordinance to incre Board ase . , the membership of the Library Board of ~. Ord. 88?): Trustees from five to seven members be . ~ and hereby is adopted on„ the third reading. ORDINANCE N0. AN ORDINANCE TO INCREASE AND~OR ENLARGE FROM FIVE (5) MEMBERS TO SEVEN (7} MEMBERS THE NUMBER_OF THE BOARD. OF TRUSTEES OF THE WEST MEMPHIS PUBLIC LIBRARY WHICH WAS CREATED BY ORDINANCE NOe 31~, DATED - FEBRUARY 1~, 1956, AND HEREBY AMENDING. SECTION 1 OF ORDINANCE N0. 31~. BE IT ORDAINED BY THE CITY COUNCIL OF THE CLTY OF WEST .MEMPHIS, ARKANSAS: SECTION 1. That portion of Ordinance No. 31~, Section 1, dated February 16,1956, which reads:.. ('There is hexeby created a Library Board of Trustees for the West Memphis Public Library of five members". o .shall be amended and enla~~ged 'to. read.. « rrThere is hereb~r created a Library Board of Trustees for the West Memphis Public Library of seven members('... SECTION 20 All ordinances or parts of ordinances in conflict herewith are hereby repealed. f`"'.. PASSED AND APPROVED this day of ~r ~13 ~ L~ f~ ~ , l9"?7. MAYOR // ATTEST y..-,,,..,.,..--_ -t -. / ~.~ .; ~, -_.-~ ~~, CITY CLERK i r , . ~.w ~~ Alderman Grimsley made a motion to have a five minute } on motion being duly seconded and unanimously carried, the Mayor Up granted a five minute recess. Mayor Ferguson called the meeting back to order at 3:30 p. m. Mayor Ferguson made the following appointments to the Librar Board with the unanimous approval of the council: Mrs. y Gertrude Walker and Ms. Eula Dorsey. Mayor Ferguson announced the first item of new business to be the ordinance creating a new utility committee being put on the agenda. Alderman Shelton made a motion to waive the rules and put the utility committee ordinance on the agenda. Upon being seconded and roll call vote, it was unanimously RESOLVED, That the ordinance creating a new Utility Committee be put on the agenda. City Attorney Robert Smith read the ordinance for the first time. Alderman Spencer made a motion to adopt the ordinance creating a new Utility Committee on the first reading. Alderman Grimsley seconded the motion and upon roll call vote, it was unanimously 1st r. RESOLVED, That the ordinance creating (utility a new Utility Committee be adopted on the committee first reading. ordinance) Alderman Grimsley made a motion to waive the rules to put on the agenda an ordinance. to waive bids for certain equipment for the Utility Department and declared an emergency. Upon motion being duly seconded and roll call vote, it was unanimously RESOLVED, That rules are hereby waived to allow this matter to be on the agenda. (Utility Dept. waive bid) City Attorney Robert Smith read an ordinance to waive the bids on certain equipment for the Utility Department, declaring an emergency. Alderman Spencer moved the rules requiring the reading of the ordinance • in full on three different days be suspended. Alderman Woodell seconded the motion. Roll Call vote unanimously carried. Rules suspended. ~' ~° ~~ ~. City Attorney read .the the ordinance the: second time. Alderman ' Jackson moved the reading of the ordinance on three different - days be further suspended. Alderman Grimsley sectonded the motion. Roll call vote,unanimously carried. ~Ru1ee, suspended.: Cit Attorne - y y read the motion the third and final time. Alderman Ray moved the - ordinance be adopted. Alderman ,Hightower seconded the motion. Upon roll call vote the motion unanimously ...carried. Alderman Ham ton . P moved that Section 2 of the' emergency clause. be adopted.. Alderman I-Iorton seconded the motion.. Roll Call vote.. Motion unanimously .. carried. It was. thereby - ___.... ' RESOLVED, That an or finance to waive bids V is hereb ado ted and t~e Utilit D y p y epartment is authorized to purchase pump and other materials as outlined in ordinance. - ~ - ___ ORDINANCE-NO, g ~ . .. .~ W1iEREA,S~ there are man 1 y' items necessary f'o~ the f ~ where competitive b~.ddin Ci ty s use. g is deemed not feast NOW, THEREF'®1~ b~.e o~ practicaY~ y ~ IT ORDAINED BY THE- CITY CITY 0~ VEST ~IEMp GdUNCI,~ OE ~ THB HIS, ARKANSAS ; ~ ' ~ - ~ ' I~ That competitive b ~ . _ idling be waived for, the ~.tem to be used b ~ ~ following y the City, which is des cribed as ~`ollows f f 1• Pip tbasic) ~ ~ 2• Stagy-mess Steel ,~AISI1~16 Shaft S~ 3• Stainless Steel #AISI~.1.6 Im eaves . ~- Stainless Steel ,#AISI~.16 Casiller Wearing .~i`..n . . 5. Zimmer & Fran.cescon Gr ng Wearing Ring g ease Seal ~ IBM Micro=Klean Filter . Total amount of $8,.142. 40. 2• ~ner~en~T Clause It having been fQUnd and let by the City Council of ermined . the City of West. Memphi s ~ Ar there is an ur ~ kansas that . gent need bar the City of West M dzscribed above a emPhis for the item ~ n emzrgency is hereby decla red to .exist, and ,~ (Utility waive bid s Oxd. 888) ~ O~INANCE TO WAIF CQ ESTABi,ISHZ~ITG . AN EMERG~IJ ~'~ITIVE 13IDDING . C Y AND . FOH OTHER pURpaSES , WHEREAS, Arkansas Sta .. ~ - tut e 19 -~~~~ al Lows wa f viri competitive biddin g of` _ g ~ exceptional situations w is deemed, not feasible or ~ here. such p'rocedt~re ,p~°aCtiCB~ and ~, ~- :~ 45 __ ~_ ,._ ... __.._..wv...__._.._ _._.~ ._,,, _ _._..__. ow.~_.__~_.....__._.__.__..-___.____.___r._ ~__ p ~~ --~ ~ - ~"thisOrdinance being necessary for the preservation of the ubl~~.c ..peace, health9 safety and welfare of the citizens of Wrest Memphis, Ar~ansas9 shall be in full force and effect from and after the I' date of its passage and approval.. . da of f --% !~ ~! ~ ~ ~,I PASSED AND APPPOVED this ~' 19~? - _ . ~` a MAYOR ATTEST: ...~- C TY CLERK Mayor Ferguson announced the next order of business of be that of ~, resolution requesting the changing of the wording of the . Civil Service law. City Attorney Robert Smith read the resolution. Alderman Horton made a motion to adopt the re solution.. Alderman _ _. Hampton seconded the motion. Alderman Ray asked for a point of order, that five of the rr~em'bers of the council had considered this resolution at the Ordinance Committee meeting and decided not to bring this resolu- tion up at this time. Mayor Ferguson stated this should not have .been considered by the Ordinance Committee since it was a resolution and ' not an ordinance. During discussion a letter from Manpower Council __ was discussed regarding CETA employees. After considerable dis- cussion comparing CETA employees and regular -city employees, Alderman Hampton made a mot~can to limit debate. Alderman Horton seconded the motion. Upon motion being carried and roll _c all vote on the resolution resulting in .a tie, the resolution was adopted by the Mayor's deciding vote of "Aye". Voting was as follows: Those voting for the resolution were: Aldermen Horton, Morris, Woodell, ~Grimsley, and Hampton. Those voting against the resolution were: Aldermen Jackson, Ray, Shelton, Spencer and Hightower. ~ was .thereby RESOLVED, That a resolution to request ..~ s }::_ .,,::, . _ :: ..~ ~V ~clvll service change request) --Res. 582.... a change in the wording of the present Civil Service Iaw from "shall to "may" be sent to the legislators. .RESOLUTION NO. WHEREAS,. the present Civil Service Act pertaining to the City of West Memphis9 Arkansas states that the -City of West Njemphis "shall" enact a Civil Service Law, an3 WHEREAS, the City Council of the City of West Mem his feels p that the word, "shall'°9 should be changed to .read, "may", in order that the Civil Service Act may have greater flexibility, and ~5, the CETA employees who are nit considered City employees under the Civil Service System have been discriminated against as the ,promotional. tests have been refused to this type of employee; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: le That the Arkansas General Assembly now in se"ssian amend the present Civil Service Law pertaining to "~ West Memphis, to hatre the act reads "may", instead of °° shall" . 2. That a copy of this 1?esolution be sent to the following legislators : °~~ Senator W. Ko "Ball" Ingram. Representative Lloyd McCuiston Representative James Stockley 1977. Representative Kent Rubins __.- PASSED AND APPROVED this day of ~~ ~~` ~ ~' Ma~- ATTEST: ..- ~ ~ f'' "",. :~~' CITY CLEIt'~{ / ~~ ~/ Mayor Ferguson stated that the City Beautiful Commission re uests permission to name the garden in front of the Police Station Iq q "'Memorial Park'' : Alderman Ray made a motion that the City Beautiful be granted permission to name the park. Upon motion being duly seconded and unanimously carried, it was RESOLVED, That the City Beautiful Commission be and hereby are granted permission to name the garden in from of the Police Station g Memorial Park. Mayor Ferguson made the following appointments to the Board of Review and requested council approval: Jim Brogdon - Ward Four; Loretta Williams -Ward Five; Julia Loftin -Ward One. The council unanimously approved the appointments. ~~i~,.~cr~i dY~ rn ~1r~~sr~S 6 ~ ~n~ Mayor Ferguson reappointed Phil Ford to the Park Commission. The council unanimously approved the appointment. Mayor Ferguson made the following announcement: Legislators' meeting at 9:00 A. M. Saturday at Wonder City. From the audience John Peacock appeared before the council concerning a bid on two-way radio service and was refered by the Mayor to the Budget Committee and was told they would notify him when he could appear before the Budget Committee. After comments from the Aldermen, there being no further business to come before the council, Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously approved, the meeting adjourned at 4:50 p. m. ~~ ~. Mayor ATTEST: City Clerk ~~- ti'9