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January 19, 1978MINUTES WEST MEMPHIS CITY COUNCIL JANUARY 19, 1978 A regular meeting of the West Memphis City Council was held on January 19, 1978, in the Council Chamber of City Hall in West Memphis, Arkansas. Present were: Vice-Mayor Pritchard Horton City Attorney Robert Smith Aldermen: Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley being a quorum. The meeting was called to order by Vice-Mayor Pritchard Horton. Prayer was offered by Reve rend Hurst of the First Presbyterian Church. Minutes of January 5, 1978, were approved. ~~ Mayor Horton asked if there were Citizens Requests. Grant Waters, 605 Oxford Street, appeared before the council to state that he had presented a proposal for Blue Cross Blue Shield hospitalization insurance to the city for city employees and had not been given an answer to the proposal. Mr. Waters wanted to know why he had not been advised whether or not a decision had been made. Alderman Horton recognized IJick Tidwell who said the insurance committee had met with Mr. Waters; that Mr. Waters had talked with Mr. Holt and to him. Mr. Tidwell said the Blue Cross Blue Shield plan w ould cost the employees more money than the plan offered through the Municipal League. During discussion, Alderman Ray made a motion that the matter be taken under advisement by the hospitalization and pension committee. Alderman Morris seconded the motion and upon voice vote, all aldermen voted "Aye'' and it was unanimously =~~Motion to approve made by Alderman Grimsley, seconded by Alderman Ray. (Hosp. & Pension) RESOLVED, That the Blue Cross Blue Shield proposal presented by Mr. V~Taters is hereby referred to the Hospitalization and Pension Committee . Vice-Mayor Horton appointed Alderman Woodell as vice-chair- man of the Hospitalization and Pension Committee since Alderman Bill Spencer is the chairman of the committee and Mr. Spencer is resigning from the City Council as of January 31, 1978. Vice-Mayor Horton announced the first order of business to be a resolution commending Dale McCrosky for his gift of the showing of "New York, New York" to city officials. City Attorney Smith read the resolution. Alderman Morris made a motion to adopt the resolution. Alderman Spencer seconded the motion and upon voice vote, all alder- men voted "Aye" and the resolution was unanimously adopted and given number 615. A copy of the resolution follows. RESOLUTION N0. ~-' / RESOLUTION TO COMMEND DALE F. McCROSKY, JR., ~""'' A LEADING CITIZEN OF WEST MEr1PHI S , ARKANSAS . WHEREAS, DALE F. McCROSKY, JR., a leading citizen of the City of West Memphis, Arkansas, was host to the West Memphis elected officials and friends for a movie entitled, "NEW YORK, NEW YORK", which was enjoyed by all who attended, and WHEREAS, DALE F. McCROSKY, JR., has demonstrated a spirit of cooperation with the city officials of West Memphis, Arkansas, to further a better undex'standing bet~?een the elected officials and citizens, and WHEREAS, the West Memphis City Council is appreciative of the efforts of DALE F. McCROSKY, JR., THEREFORE, BE IT RESOLVED BY THE CITY COUidCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that they wish to coirnnend DALE F. McCROSKY, JR., for the courtesies extended. the elected officials and friends of West Memphis, Arkansas, and being host to the movie entitled, "NEW YORK., NEW YORK", and wish him a successful year in 1978. ~:~ PASSED AND APPROVED this ; day of v +ti __- .~ 1 i ATTEST: ;--~ <. CITY CLERK _~. - / ,,~. - ~- ~T.~~ VICE~'IAYOR The next item of business was a resolution commending James Cage for his participation with the Energy Conservation Committee. City_ Attorney Robert Smith read tY~e resolution. Alderman Grimsley made a motion to adopt the resolution. Alderman ' Jackson seconded the motion. Upon voice vote, all aldermen voted ~ - "Aye" and the resolution was unanimously adopted and given number 616. ~, r s A d RESOLUTION . NO . ~,' , ~;; RESOLUTION TO COMMEND JAMES CAGE FOR HIS EFFORTS WITH THE ENERGY CONSERVATION COMMITTEE WHEREAS, JAMES CAGE has served diligently on the ENERGY CONSERVATION COMMITTEE, and has instituted several energy-saving devices while a member of the ENERGY CONSERVATION COMMITTEE; and, WHEREAS, he continues to serve on this Committee, and has been rendering meritorious service; and, WHEREAS, the City Council of the City of West Plemphis, Arkansas, is appreciative of the efforts of JAMES CAGE on this Committee; THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, wishes to commend JAMES CAGE for his achievements as a member of the ENER-GY COrdSErVATION COMMITTEE, and expresses a desire for continued success in his endeavors on this Committee. PASSED AND APPROVED this 'j~ ~~' ~~! ~ .^ day o f __ - - F , . -J ~,`,- r,,~. + '~ • ~ '~~ vice -MAYOR ATTEST: ~, ,,_ _ ~ _w_-~ ~ ~,_- C .~ -. _ - _ _ __ ___,-- __-- - _ __- _ _- ~ T_T~ _sT .rT,~~_._ _- -~ _ ~ _.._ __ _. _ -_ _- ~ _- ~___ _____ __ __~__..__ __. ,__- _ _. _ ~.4._-_ _ __ ~ ___ .~ The next item of busine s s was a resolution commending Joryn Smith for his accomplishments in energy conservation and work Y with the committee. City Attorney Smith read t.Yfe resolution. Alder- . man Hampton made a motion to adopt the resolution. Alderman Grimsley seconded the motion. Upon voice vote, all aldermen voted "Aye' ` and the s resolution was unanimously adopted and given number 617. A copy follows. RESOLUTION N0. ~~~ RESOLUTION TO COMMEND JORYN SMITH FOR HIS EFFORTS WITH THE ENERGY CONSERVATION COMMITTEE WHEREAS, JORYN SMITH has been a member of the ENERGY CONSERVATION COMMITTEE of the City of West Memphis, Arkansas, since its formation; and WHEREAS, JORYN SMITH has single-handedl~j~ promoted a demonstration procedure in the West Memphis Civic Auditorium which was acclaimed as a hugh success; and WHEREAS, JORYN SMITH, still maintains his interest in conserving energy for the City of West Memphis, Arkansas; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that JORYN SMITH be commended for his untiring efforts in recommending energy- saving devices to lessen utility bills for the citizens of West Memphis, Arkansas, which, in turn, lessen the price of electricity purchased from the Arkansas Power and Light Company. PASSED AND APPROVED this 'f day of _.~ ,, 1 VICEMAYOR ATTEST: ~,~" ', ~-~ ~ ~. ,~ ,~ The next item of business was an ordinance amending the plumbers license ordinance, Ordinance No. 890, changing the word "at" to ''for" making it mandatory to have a telephone for a plumbing business. City Attorney Smith read the ordinance the first time. Alderman Woodell Y made a motion to suspend the rules requiring the reading of an ordinance on three different days. Alderman Hampton seconded the motion. Upon roll call vote, all aldermen voted "Aye" and the rule was suspended. City Attorney Smith read the ordinance the second time. Alderman Morris made a motion to further suspend the rules requiring the reading .. in full of an ordinance on three different days. Alderman Shelton seconded the motion. Upon roll call vote, all aldermen voted "Aye" and the rules were further suspended. City Attorney Smith read the ordinance the third and final time. Alderman Ray made a motion to adopt the ordinance. Alderman Jackson seconded the motion and upon roll call vote, all aldermen voted -"Aye': Alderman Hightower made a motion that Section 3, the emergency clause be adopted.. Alderman Spencer seconded the. motion and upon roll call vote, all aldermen voted "Aye". . The vice.-mayor declared the ordinance and the emergency clause adopted. The ordinance was given number 926. A copy of the ordinance follows. ~ a; f-i lf. ! ~ OF.DINANCE NO . ~ `~__.~...~ ~ ~~ AN ORDINA.jCE TO AMEND OIZDINA'i1CE NO . 890 , SECTION Oiv'E OF `AID OP.DINANCE , AtiD FOR OTHER PliRPOSES. BE IT ORDAINED BY THE CITY COt'i1CIL OF THE CITY OF WEST r~I%~iPHI S , AP.KA~ISAS ~Ff"rTnV I. Ordinance No. 890, Section One (1), shall be amended to read as follows: "i3o license shall be issued to any plumber unless such plu~nh~,r_ shall have and maintain an established place of ~,„sint~ss within the City I,irlits of West Memphis , Arkansas ; and, hrZVe displ~~yed in a prominent location, his business name, and. shall intai_n a telephone FOR the business. A field Office located ma within the. city Lir.~its shall not be considered as an esrablisi:ed place of ~~usii~ess . SECTT_Oi~ II. If any section, sub-section, sentence, clause ~e of this Ordinance is far any reason held to be or phra., nconstitutional or ot~lerwise invalid, such unconstitutionality u or invalidity shall not affec~: the remainder of this Ordinance, nd al? Ordinances or. parts of Orc~inanceJ in conflict herewith a are hereby repeale~a. ~' TIO'1 III. F~mer ency Clause. It being found and determined SL,C _..~ ~- that th~_s Ordinance is ilecessar.y for the inunediate preservation of. the ublyc peace, health and safety of t~~e inhabitants of P fit of West Memphis, Arkansas, an emergency is hereby declared the ~ y to exist and this Ordinance shall ':e in full force and effect from its passage .and approval. ,., VED this '~ day of '~ ~ ~ .. f, PASSED ANn APPRO _..__ _- - ~` 1978. The next item of business was a resolution regarding the Civil Service lawsuit. The City Attorney read the resolution. Alderman Ray made a motion the resolution be adopted. Alderman Shelton seconded the resolution. A correction was made in the resolution adding the words "and other elected officials" and initialed by the City Attorney. During discussion, Alderman Spencer made and withdrew a motion to change the word "dissension" to "disagreement. " Alder- man Woodell made a motion to delete the second paragraph of the resolution. Alderman Ray seconded the motion and upon voice vote, all aldermen voted "Aye" and the second paragraph was deleted and initialed by the City Attorney. Upon voice vote on passing the resolution, all aldermen voted "Aye" .and the resolution was unanimously adopted and given number 618. A. copy follows. e ~ RESOLUTION N0. %~ ;`% CIVIL SERVICE LAWSUIT WHEREAS, GEORGE CRAIG, and others, filed a lawsuit in behalf of some of the Policemen of the City of West Memphis , ~'=~-~-~5~ ,•;' ~v ~ ,: ~ ;t ~' r Arkansas , against the Alderman and Mayor cf West Memphis , ~.--, , ,, ~_ „ _ r_ n Arkansas, alleging that the Civil Service Act as it applies `~ ~`~~ ~r-?.' $ j to West Memphis, Arkansas, is unconstitutional; and, bd~~-EAS ;~~~h~~--h-a-s---~~e~---s-©m~---d i s s en s i om-°arr~n t-~ ...__ g,.w. _ ;~--G~n~.~n?P~.t an.r~ th.A ~iuis~ ---~ese --Commi~s3nrr~:~n~d; !"'...-c_ WHEREAS, some decision should be made for the continuance or abolishment of the Civil Service Commission; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the City Attorney be instructed to answer this lawsuit and let the courts decide the issue on constitutionality of the Civil Service Law. /~ ~ O PASSED AND APPROVED this / ~` da of Y ;' . ~ , MAYOR ATTEST: l_: ~~ r CITY CLERK ~~ The next item of business was a resolution on Act 9 bond issues. City Attorney Smith read the resolution making a correction by adding the words "and any other items the City Council may direct. " Mr. Smith initialed the correction. Alderman Hampton made a motion a to adopt the resolution. Alderman Grimsley seconded the motion. Upon voice vote, all aldermen voted "Aye" and the resolution was unanimously adopted and given number 619. A copy follows. /~ ~, M RESOLUTION N0. ~. . CONSIDERATION OF ACT NINE (9) BOND ISSUES WHEREAS, the Act Nine (9) Bond Issue is a stimulus to the economy of West Memphis, Arkansas; and, WHEREAS, certain action is necessary by the City Council before an Act Nine (9) Bond Issue is approved; and, WHEREAS, there are considerable problems involved which should be discussed prior to the enactment of an Ordinance. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that on all Act Nine (9) Bond Issues, special meetings of the City Council shall be called to discuss the following F;r 3` j-' ~ `'t `~{ ~~~~"f'..~ ~ '~~ ~~' ~`' S 1. Payment of money in lieu of taxes ; ~. .._.r.._._w___.~ 2. Whether to let the contract on a negotiated basis or a bid basis. 3. To determine whether a bond has been made to protect the City of West Memphis from labor and mechanics liens; 4. To determine whether bidding of the bonds is in the best interest of the City of West Memphis, Arkansas; ~' ~ 5. To determine whether Arkansas contractors and sub- contractors have been considered as to the preference allowed by statutory law. ~'ASSED AND APPROVED this / ~.- f `` day of . f __ l _ -- ~ _ i ,i ;- , ,, r ., ~., „, i //~ ~ ~ ~/ i~ MAYOR ATTEST: f,/~ _.~-- --.-...... \ ~ f f,-' ~ ,.ter' ~/:~ ,/ ~ t Alderman Ray made a motion to refer Act 9 requests to a committee appointed by the mayor before the request is brought to the council. Upon motion being duly seconded and unanimously carried, it was thereby (Act 9) RESOLVED, That all Act 9 requests are to be referred to a committee to be appointed by the mayor for study before the request is brought before the council. Vice -mayor Horton read a letter from Mayor Ferguson requesting permission to instruct Jay Woods to make application for any additional Section 8 rental houses available for the West. Memphis program. Alderman Shelton made a motion to grant permission. Alderman Spencer seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously (Section 8 RESOLVED, That the Mayor is hereby housing) permitted by the West Memphis City Council to instruct Jay Woods to secure any additional Section 8 rental houses available for the West Memphis program. Vice -Mayor Horton stated he would at this time like to hear a report from the Utility Commission liaison and recognized Alderman Grimsley. Alderman Grimsley reported that bids had been taken on a front-end loader and that they failed to meet specifications. The Utility Commission voted to reject all bids. Mr. James Southard, 1010 Clement Road, was recognized by Mr. Horton to appear before the council. Mr. Southard stated that his company had submitted the low bid, told the council of the time and effort put into preparing bids, and felt his price was right, being over $5000 lower than the next low bid. The council was concerned that the matter was brought before them in that the Utility Commission had the right to reject the bids and to carry on the business of the Utility Department. The City Attorney explained the council had by ordinance delegated that authority to a Utility Commission. During a lengthy discussion, Alderman Shelton made a motion to refer the matter back to the Utility Commission with the request that Alderman Grimsley ask the Commission to hear the matter Mr. Southard had brought before the council with Mr. Southard and Mr. Buck Taylor present. Alderman Ray seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously RESOLVED, That the matter of Mr. Southards protest to the City Council $~ - be referred back to the Utility Commission with the request that they hear the matter with ,,, Mr. Southard and Mr. Buck Taylor present for discussion. Alderman Shelton made a motion for afive-minute recess. (Utility Commission) Alderman Morris seconded the motion and upon motion being unanimously carried by voice vote, the vice-mayor recessed the meeting. The meeting was called back to order by the vice-mayor at 2:55 p. m. Alderman Ray stated he had read the letter from Mr. Woodworth advising Mr. McCaa that the Civil Service didn't need his services for January and February. Mr. Ray's wishes were for the council to go on record to say that the Civil Service doesn't name the attorney and request that Mr. Woodworth's letter be ignored. Mr. Ray requested that a letter be sent to Mr. Woodworth to notify him that Civil Service does not employ attorneys at will. Alderman Hampton seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously RESOLVED, That Mr. Woodworth be notified by letter that the Civil Service • does not employ attorneys at will. Alderman Hampton, Chairman of the Shop Committee, asked for a voice resolution directed to the Airport Commission, stating that in selecting the location of the shop on Jackson instead of using the airport building, the council did not imply they were not behind the Airport Commission 100%. The City Council wants the Airport Com- (civil service) mission to know they are behind them 100%. Alderman Shelton seconded the motion and upon voice vote, all aldermen voted "Aye'' and it was unanimously RESOLVED, That the West Memphis City Council does stand behind the Airport Commission 100% and the fact that the new city shop is to be located at the Jackson Avenue site does not mean the council is not behind the Commission. (Airport Com.; Vice-mayor Horton stated that his committee had met with Mr. Carey Walker who had requested a bus franchise to operate in West Memphis. Mr. Horton asked Jerry Riddle to report to the council the findings of the committee. Mr. Riddle came before the council and stated that the information Mr. Walker had given the committee had been researched and had been found vague and not valid. Mr. Riddle stated the committee felt it was improbable that this company could operate in a city this size and that it was the consensus of the committee that Mr. Walker's proposal was not feasible. After discussion, Alderman Shelton made a motion to reject the proposal. Alderman Spencer seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously (bus franchise) RESOLVED, That Mr. Walker be denied notified that his request for a franchise for operating a bus line in West Memphis is hereby denied. Vice-Mayor Horton stated he had been contacted Tuesday night by Mr. Bi11 Kessinger regarding the garbage collection rates for the School District. Mr. Kessinger stated ~'Zey would like to defer pay- ment of the increased rates until the amount could be budgeted for in September. Mayor Horton appointed Alderman Doug Morris as chairman of a committee of Alderman Morris, Alderman Grimsley and Councilwoman Robert Jackson to take the matter up with the School District; for the committee to set a time and date for meeting and notify the school board. Alderman Jackson suggested writing a letter to get on the agenda for the school board meeting. Alderman Morris said he would contact them. Alderman Grimsley asked permission of the council for the City Advertising and Promotion Committee to have a heater replaced in the Eugene Woods Civic Center and made a motion that the council grant permission to advertise for bids for a new heater. Alderman Shelton seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously i` ~.. `..! RESOLVED, That permission is (Advertising hereby granted for advertising for and Promotion) bids for a new heater for the Eugene Woods Civic Center. Alderman Woodell, Chairman of the Higher Education Com- mittee, stated his committee will be meeting and made a motion that the Vice-Mayor appoint Councilwoman Roberta Jackson to the Higher Education Committee. The Vice -Mayor appointed Mrs. Jackson to the committee and the council unanimously granted approval. Alderman Woodell stated he thought we may be asked by petition to establish a curfew and made a motion that the ordinance committee meet to consider the establishing of a curfew. Alderman Shelton seconded the motion. During discussion, City Attorney Robert Smith, stated that the Police Department has been meeting with some people in town and that the council should consider the enforc ing of a curfew. City Attorney Smith also stated that people with part-time jobs on the way home from work should be considered in drawing up an ordinance for a curfew. Mr. Smith suggested that the council proceed with caution. Upon voice vote the motion was unanimously approved. Alderman Jackson asked for permission of the council to put the matter of a petition on January 10 on the agenda. Alderman Jackson made a motion that the matter of a petition concerning payroll for city employees come before the council. Alderman Shelton seconded the motion and upon voice vote, all aldermen voted "Aye" and the vice- mayor declared the matter could be brought up. Alderman Jackson stated she had received a petition signed by sixty city employees asking that city employees be paid every other Friday instead of the first and fifteenth of the month as is stated in the Employee Manual. The manual states every other Friday. During discussion, Alderman Shelton asked how a change would affect the computer and how much extra work it would be. Mayor Horton asked Dick Tidwell, Finance Director, if it would be possible to go to payday every other Friday. Mr. Tidwell replied it would be possible but difficult. He stated they are now being paid tvcrenty-four times a year and it would mean twenty-six paydays a year. Mr. Tidwell stated one week's pay would have to be held back if the system is changed. Mr. Tidwell also stated he had a petition from the Police Department and the Fire Department showing that a majority of the policemen and firemen wanted the pay periods to remain the same as they are. Alderman Shelton made a motion to refer the matter to the Budget Committee. Alderman Ray amended the motion to also refer the matter to Mrs. Wheeler first to confer with the street and sanitation employees about the petition. Alderman Morris seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously (payday) RESOLVED, That the matter of changing payday to every other Friday is hereby refered to Mrs. Wheeler to take up with the street and sanitation employees then to the Budget Committee. It was the feeling of the council to get the consensus of all city employees and not just some of the departments. Alderman Hampton, for the record, directed three questions to Mrs. Wheeler. Mr. Hampton stated he had been confronted by five different persons wanting to know what it cost to repair the oil. diesel engine that was run without~O~Tho is responsible for such things and do you think it could happen again? Mrs. Wheeler replied that we didn't h ave anything to repair because it ran out of oil; that the truck that was repaired has been run many thousands of miles and it cost about $1300 to repair it; it did not run out of oil. Mr. Hampton stated the truck had a diesel engine and it should run two or three hundred thousand miles and asked "for the taxpayers on the street" if that happened. Mrs. Wheeler replied "No, sir, it did n of go out without oil. " Mr. Hampton said he wished she would have it put in the paper so the people would know that it did not. Mrs. Wheeler asked who the people on the street are that are saying it. Mrs. Wheeler said the shop foreman, Cecil Kerley, did not tell her the truck went out without oil in it. It had to be repaired because it had so many miles on it like they all do. The shop foreman did the repair work himself. Alderman Shelton asked if there is a preventive maintenance _ - - -A- - __ _ __ _ y__._ .. _._ , program. Mrs. Wheeler replied, "Yes, every thirty days. " Alderman Grimsley stated he thought each driver checked the oil daily. Alderman Morris stated he wanted to ask about the article in the paper about a request from the public works director about placing garbage cans on the curb; that he had had protests on this. Mrs. Wheeler stated this was just a temporary request; that because of the weather the garbage couldn't be picked up on the regular schedules and it would help get everyone picked up and save a lot of time if people would put their garbage on the curb. There being no further business to come before the council, Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously carried, Vice-Mayor Horton adjourned the meeting at 3 : 3 6 P. M. .~-.. - __ Vice- a or Pritc and Horton ATTEST: ~- ~ --~ City Clerk Charles DeGra Approved: -,/=~ ~'~~, ,;~% - i'~'' ~ ~: y d to J