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Feburary 21, 1985-46- MINUTES WEST MEMPHIS CITY COUNCIL Febrrary 21, 1985 The regular meeting of the West Memphis City Council was held on Thursday, February 21, 1985 at 1:30 p.m., in West Memphis, Arkansas, at City Hall, 205 South Redding, in the Council Chambers with Mayor Leo Chitman presiding. Prayer was offered by Reverend Bill Connell, First United Methodist Church. Mayor Chitman requested City Clerk Craft to call the roll. The following persons were present: Mayor Leo Chitman City Attorney Robert Smith City Clerk Dan Craft Alderrnen: Curtis Dalton Clarence Guin Pritchard Horton Roberta Jackson Doug Morris Larry Shelton Roger Sumpter Joe Brasfield William Burnett James Cooper Mayor Chitman declared a quorum. The first item of business on the agenda was bid opening. City Attorney Smith read the following bids for the Fire Department. FIRE DEPARTMENT CAR: Tom Gibson Ford 1 LTD 4/D Sedan $9,615.00 API6ULANCE Mid-South Ambulance Coaches Memphis, TN Type II $26,592.00 Excellence Huntsville, ALA CRS Corporation McAllister, OKLA Mobile Medical Div. Collins Mansfield, TX Muster Assc. Calhoun, KT Bridges Coach North Little Rock, AR N/B 1985 Type II $23,982.00 1985 Type II $28,261.00 1985 Type I Walk Through $40,679.00 1985 Type I $29,554.50 1985 Type I Walk Through $43,230.50 1985 Type II $27,795.00 1985 TYPE II $24,925.00 1985 TYPE I Walk Through $39,495.00 1984 Type I Walk Through $33,925.00 1985 Type II $25,100.00 1985 Type I Walk Through $42,515.00 1984 Type I Walk Through $34,000.00 Request 5°o AR Preference -47- Alderman Burnett made the motion, seconded by Alderman Morris, to accept the bids and refer then to the Fire Commission for review and disposition. Discussion. Alderman L. Shelton made the motion, seconded by Alderman Burnett, to amend the motion, to exclude the Fire Department car until a later date. Upon roll call vote to amend the motion., the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: Morris. The motion passed. Upon roll call vote on the amended motion, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: None. The motion passed. City Attorney Smith opened and read the following bids for the Sanitation Department: CAB & CHASSIS ( To Carry 20 YD Rear Loader) Tri-State Mack $52,558.00 (Mack Truck & Dumpster Pkg.) Chuck Hutton $33,458.51 3208N CAT Tri-State Mack $36,113.00 6 cyl. diesel Tom Gibson $32,265.00 3208 CAT Delta Ford $32,052.00 3208 CAT Hudson Rook $33,321.00 3208 CAT Mid-America $30,475.00 N1ine 6 CAB & CHASSIS (TO Carry Grapple & 20' Dump Body) Chuck Hutton $29,073.34 3208 T CAT Tom Gibson $28.014.00 3208 N CAT Delta Ford $27,903.00 3208 N CAT Hudson Rook $29,814.00 3208 CAT Mid-America $26,392.67 NLine 6 DT466 TWO 20 CUBIC YARD REAR LOADERS Moody Equipment $42,547.00 (Pkg. 1985 Model) Bucy Sanitation $13,185.00 each Scruggs $15,140.00 12 CUBIC YARD DUMP BODY Scruggs $6,498.00 Memphis Auto Parts $6,742.00 onmental $13,500.00 W. W. Williams $19,375.00 Southern Environmental $17,500.00 (Pkg. Loader & Dump Body) GRAPPLE LOADER Memphis Auto Parts $25,533.29 ~ Southern Envir -48- TANDEM DUMP TRUCK CAB & CHASSIS Chuck Hutton '85 Chev $32,970.02 each 3208N CAT Tom Gibson '85 Ford $32,576.00 LNT 8000 Delta Ford '85 Ford $32,125.00 LNT 8000 & 3208 N CAT Hudson Rook '85 GMC $33,061.00 3208 CAT Mid-America '85 Int'1 $30,501.90 NLine 6 DT466 TRASH DUMP BODY Memphis Auto Parts $7,503.68 each I Scruggs $5,375.00 each Southern Environmental $17,500.00 each (Body & Loader Pkg.) Alderman Shelton made the motion, seconded by Alderman Guin, to accept the bids and turn them over to the Sanitation Commission to review and bring back for final approval. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: None. The motion passed. Alderman Burnett discussed the Commission keeping in mind that we do not need to buy 1985 trucks that 1984 models on trucks and heavy equipment will do. CITIZENS REQUEST: Mayor Chitman stated he had a note from Kate Dickerson and a question was asked as why the new newspaper did not have a privilege license to distribute newspapers. Mayor Chitman requested Dr. Issac Richmond, 656 Uance Ave to reply to the question. Dr. Richmond stated they intended to buy a license when their business built up enough to purchase one. Discussion. City Clerk Dan Craft told Dr. Richmond he was in violation of the law if he continued to distribute and publish without a privilege license. The next item on the agenda was the approval or correction of the Minutes for the February 7, 1985 City Council meeting. Alderperson Jackson made the motion, seconded by Alderman Burnett to approve the Minutes of the February 7, 1985 City Council meeting as presented. Upon voice vote of the Council, the voting was unanimous. At this time Treasurer Aubrey Holt gave the final 1984 Treasurers report. Mr. Holt also gave the Municipal League report. Discussed House Bill 477 and Senate Bill 162, also discussed Senate Bill 365. Lengthy discussion. Discussed Senate Bill 365 on Worker's Compensation . Alderman Guin made the motion, seconded by Alderman Morris, to approve a voice Resolution to oppose Senate Bill 365 on Worker's Compensation and have Attorney City Smith draw up the Resolution in its proper form. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Morris, Shelton, Sumpter, Brasfield, Burnett. N0: Aldermen: Jackson, Cooper. The Resolution passed and was assigned Resolution No. 999, which reads as follows: --4~- RESOLUTION N0. 999 RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the City Council of the City of West Memphis, Arkansas, oppose Senate Bill No. 365 to change the procedures of the Worker's Compensation Law; 2. That a copy of this Resolution be sent to the Crittenden County Legislative Delegation: - Honorable Kent Ingram, Senator, Honorable Lloyd C. McCuiston, Representative, Honorable Jim Stockley, Representative. 3. That a copy of this Resolution be sent to the Arkansas Municipal League, North Little Rock, Arkansas. 4. That this Resolution shall take eff~~ ii ediately. DATE PASSED: February 2J., 1985 ATTEST: CITE CLERK SPONSORED BY: MAYOR L F Ea 2g 118`` a R.~~-' @ ~'~ 3 a~~ -50- Alderman Guin made the motion, seconded by Alderman Morris, to adopt a voice Resolution to support House Bill 477 to allow the cities in Arkansas to have the Sales Tax paid on Utilities returned to the City General Fund, and City Attorney Smith to draw the Resolution up in its proper form. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: None. The Resolution ~uas adopted and the Resolution assigned Resolution No. 1000, which reads as follows: RESOLUTION N0. 1000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Arkansas Legislative Delegation support House Bill No. 477 to allow the cities in Arkansas to have the Sales Tax paid on Utilities returned to the City General Fund; 2. That a copy of this Resolution be sent to the Crittenden County Legislative Delegation as follows: Honorable Kent Ingram, Senator, Honorable Lloyd C. McCuiston, Representative, Honorable Jim Stockley, Representative. 3. That a copy of this Resolution be sent to the Arkansas Municipal League, North Little Rock, Arkansas. 4. That this Resolution shall take effect ediately. DATE PASSED: February 2]., 1985 MAYOR `.. ATTEST : ,<~`~~ -2~~ ~~ ,~ ~, CITY CLERI~„/ -51- The first item under New Bus-mess was the reading of a Resolution from the City Council recommending to the Arkansas Legislation Delegation that Seante Bill No. 162 be given a "No Pass". Alderman Morris made the motion, seconded by Alderman Shelton, to adopt the Resolution. Upon voice vote, the voting was unanimous. The Resolution was assigned Resolution No. 1001, which reads as follows: (On page 52 ) Alderperson Jackson requested a five (5) minute recess. Meeting recessed at 3:20 p.m. Mayor Chitman called the meeting back to order at 3:33 p.m. City Attorney Smith left the meeting at the recess. City Clerk Dan Craft gave his end of the year report. Mr. Craft requested that all Department Heads check with the people they are doing business with to see if they have a city privilege license. Mr. Craft also requested that Mr. Wyman Morgan check to see if the purchase orders or business could be cross checked with privilege license cards to see if they had a privilege license. Alderman Burnett made the motion, seconded by Alderman Guin that the Treasures report and the City Clerks report be accepted and approved. Upon voice vote of the Council, the voting was unanimous. PER(v1ISSI0N REQUEST: Mayor Chitman requested the City Council to made a decision as to whether the Shelton case should be appealed. Discussion. Alderman Guin made the motion, seconded by Alderman Burnett the case should not be appealed. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Jackson, Morris, Shelton, Burnett, Cooper. N0: Aldermen: Horton, Sumpter, Brasfield. The motion passed. Mayor Chitman stated that until the problems with_the Personnel Manual are worked out, no one who has left the employment of the city of West Memphis will be rehired. Mayor Chitman requested permission to send a letter approving the annual contribution, Section 8 Housing to HUD. Alderperson Jackson made the motion, seconded by Alderman Cooper, to approve the Mayors request. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: None. The motion passed. Discussion on the Airport Commission owing the FAA Two Thousand Dollars ($2,000.00) on the $3,000.00 settlement. Mr. Morgan stated the Airport Commission had paid the Two Thousand Dollars ($2,000.00). -52- RESOLUTION N0. WHEREAS, there has been introduced in the Arkansas Legislature, Senate Bill No. 162, which provides for a mandatory Civil Service System within ninety (90) days of the effective date of the act for all First Class Cities and their Police and Fire Departments; and, WHEREAS, the City of West Memphis, Arkansas, a few years past, did have Civil Service for Fire and Police Departments and found it most unsatisfactory; and, WHEREAS, the Chief of the Police Department has expressed an opinion that he is against any Civil Service System in the future; and, the Chief of the Fire Department takes no position, whatsoever; and, WHEREAS, the City Council feels that the expense of the paper work and administration of the Civil Service System will severely curtail the present operation of the Police and Fire Departments; IT IS, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the City Council of the City of West Memphis recommends to the Arkansas Legislative Delegation that Senate Bill No. 162, requiring mandatory Civil Service for all First Class Cities for the Fire and Police Departments be given a- NO PASS; AND, BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Crittenden County Legislative Delegation as follows: Honorable Kent Ingram, Senator -~ Honorable Lloyd C. McCuiston ~s~e~ Honorable Jim Stockley, Re esentative 2. Thart.~h-is Resolution shall t ke fect ' DATE PASSEDw /~" .j'/S ~/~ ~~ ATTEST: tive e ely. k~%£1~rEU GTY Ct~RK'~ FEB lb ~ ---~--r -52- RESOLUTION N0. G' WHEREAS, there has been introduced in the Arkansas Legislature, Senate Bill No. 162, which provides for a mandatory Civil Service System within ninety (90) days of the effective date of the act for all First Class Cities and their Police and Fire Departments; and, WHEREAS, the City of West Memphis, Arkansas, a few years past, did have Civil Service for Fire and Police Departments and found it most unsatisfactory; and, WHEREAS, the Chief of the Police Department has expressed an opinion that he is against any Civil Service System in the future; and, the Chief of the Fire Department takes no position, whatsoever; and, WHEREAS, the City Council feels that the expense of the paper work and administration of the Civil Service System will severely curtail the present operation of the Police and Fire Departments; IT IS, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the City Council of the City of West Memphis recommends to the Arkansas Legislative Delegation that Senate Bill No. 162, requiring mandatory Civil Service for all First Class Cities for the Fire and Police Departments be given a- NO PASS; AND, BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Crittenden County Legislative Delegation as follows: Honorable Kent Ingram, Senator __,~ Honorable Lloyd C. McCuiston ~~i Honorable Jim Stockley, Re esentative 2. Thar this Resolution shall t ke fect ' DATE. PASSED /r ~Q 2J ATTEST: tive e ely. k~i;1:4aED CITY Ct~R~'~ ~'~ FEB 15 ~ ~} _ _ - -53- Mayor Chitman stated the Boys and Girls Clubs Quarterly Reports were placed in the packets, Alderman Sumpter discussed Mrs. Tiggs problem with trying to have a sewer hook up to her home. This problem has been going on for thirteen (13) years. Discussion. Alderman Sumpter made the motion, seconded by Alderman Cooper to have the City Attorney take whatever legal action is necessary to get the sewer line hook up. Upon roll call vote, the voting was as follows: AYE: Aldermen: Dalton, Guin, Horton, Jackson, Morris, Shelton, Sumpter, Brasfield, Burnett, Cooper. N0: Aldermen: None. The motion passed. Mayor Chitman stated that the del;ection for a Code Enforcement Officer was down to two applicants and a decision. would be forthcoming. Discussion on the conversation between the Mayor, ljlgwz Dr. ~ and Bond Engineering concerning the $400,000.00 grant that the City had received to determine what type of sewer treatment facility the city would need. That the plan had been changed and the government could request the return of the money. Discussion. It was the decision of the Council to let the Utility Commission and Engineering firm work out the problems. COMMITTEE REPORTS: Alderman Horton gave the Public Works Commission report. Alderperson Jackson gave the Police Commission report. Discussed that the Faulk Elementary School requested that NO PARKING signs be placed on Vanderbilt in front of the school. Discussion. Alderperson Jackson made the motion, seconded by Alderman Cooper, to accept the recommendation. for the "No Parking" signs. Upon voice vote, the voting was 9 "AYE", 1 "NO". The motion passed. Alderpperson Dfl NNC2 Jackson also stated she had had a request that s Street be made one way. Discussion. Referred to the Public Works Commission. Handicapped Parking on parking lots was discussed. Sanitation Commission meeting Monday, February 25, 1985 at 5:30 p.m. Alderman Morris stated the Budget Commission makes the following recommendations: POLICE DEPARTMENT: Small Equipment Increase $79,750.00 Transfer from Education Center Fund Increase $33,000.00 REASON: To purchase radio equipment for Police Department. Alderman Morris made the motion, seconded by Alder~~~son Jackson, to approve the Budget change in the Police Department. Upon voice vote of the Council, the voting was unanimous. J J -54- SANITATION DEPARTMENT: Clothing &Linen Supplies Increase $1,300.00 REASON: Purchase boots and rain suits for employees. Alderman Morris made the motion, seconded by Alderman. Cooper, to approve the budget change in the Sanitation Department budget. Upon voice vote, the voting was unanimous. EDUCATION CENTER FUND: Transfer to General Fund Increase $33,000.00 Reason: To purchase radio equipment for Police Department. Alderman Morris made the motion, seconded by Alderman Shelton, to approve the change in the Education Center Fund. Upon voice vote, the voting was unanimous. PERMISSION REQUEST: Requested that the purchase order for the backhoe for the Utility Department be approved. Alderman Horton made the motion, seconded by Alderman Morris, to approve the request. Upon voice vote, the voting was unanimous. ANNOUNCEMENTS: Mayor Chitman announced that Congressman Bill Alexander would speak at the Public Library for a DAR program. Being no other business to come before the City Council at this time, Alderman Shelton made the motion, seconded by Alderman Burnett to adjourn. Upon voice vote of the Council, the voting was unanimous. The meeting adjourned at 4:47 p.m. PASSED and APPROVED this 1~~ day, of ~(~,~, , 1985. I"layor ATTEST: City Clerk