12 December 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING DECEMBER 20, 2010
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
December 20, 2010 at City Hall. The meeting was called to order by Mayor Freeman. On roll
call, the following Council members answered as their names were called: Alderman Moore,
Ragsdale, Dodd, Sagely, Swaim, and Parker. City Clerk- Treasurer Barbie Curtis was present.
City Attorney Donald Jenkins was absent. This made a total of eight (8) present. A quorum was
declared.
The invocation was given by Eddie Turner of the Gospel Rescue Mission. There was also
a presentation of a collection of non perishable items to Mr. Turner for the Rescue Mission.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on November 15, 2010. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Aldennan Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. The following voted nay: none.
On the agenda next was to consider an ORDINANCE ESTABLISHING RATES FOR
WATER SERVICES SUPPLIED BY THE CITY OF VAN BUREN AND REPEALING
PRIOR RATES FOR SUCH SERVICES. The Clerk read the Ordinance in part. Alderman
Swaim moved that the rules be suspended and the Ordinance be placed on its second reading.
The motion was seconded by Alderman Sagely. The council followed with a unanimous vote.
The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Parker. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. Alderman Ragsdale asked how much of an
increase this was for non commercial. C.E. Dougan and Gary Smith replied that it was a little
over $1.00.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely,
Swaim, and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 21 -2010
ORDINANCE NO 21-2010. I
I ORDINANCE ESTABLISHING R \TES FOR WATER SERVICES SUPPLII The :cha ge the customers outsidea e o hi tsshall be wd one 1 1 1/21 umes rhe�
B1 THE CITY (]E VAN BURT N AND I(EPI AI ING PRIOR RATES FOR SUCI rates for customers ers i c 11 l
!SE RVICE r Sect on 2 .The follo a olme,eh r e rotes' and_ effects e dates ale established for
N I1 RF,4S the City of an Buren, Arkansas, the (Cily ')owns and opcmlcs1 LLei arsmmers
Of the Van Buren)dunicipa1 Utility VMister System of the City of AanBurea
I �:i E i' 4, L
system and
N HLREASc the Clvv must r ecover throw Ii char ed to the customers of the system ties cad al r A lrme
n('Itr Maroc; Call ns Uff eet eDate
1 the cost associated ith the ope i bon of the O yster tooGhu with the cosi'of certain 53 )0 lent city 1':2011'
1 Coinme cmI Ael me Char es Pe 1000 Gallons �Cf d e
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needs e the system which are necessary jo make. t Sz 72 1
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he ER E L A S'e adequate to sat e ihuteeds of the s e and 1s 1b r ncc N6:29:2007 its and h r e 1000 Ca0o0g
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i N HEREAS. it nee ss iry thin 0015 m l e Ao.' 29 2007 be epealed order to l re se 'du S2 S7 "January 1 201 Lj
p charged, fo r the s en. i ees 2t thesys wnd @r chares ft slomers outidethe Cite pmts shall be onemd onchalf(11/2)_,4
'WHEREAS; the Aan Buren Mn c pal Utilitie Comnussio 1 ate a necessary acid co n limes the month) rate fo cu swine7s ms d the Clt}' hat is t
�pleterview;'has comended the creasetothe City Coun cil as being m the best See non 3 'In a ddition to 'rates and ed irgesestablrb an
ed by 16,, orduiec the Van,,
4interest oC Ihe'C n re and m rts rnkrt Ili t ms a m ul A'SU `y Buren Municipal, U nhues cau Commi4100 Ihtough, its auorized represent roves r -au-
11 IIEREAS, when us d ib )his Ordin ance, ibe term 1 ;Water for Resale shall refer to ['riot zetl and directed ro se 50.30 per tc11 a water .meter s
v ery
ice per month ehaigi
water purchased by Aan i Bice co uraci users The emitract water users of Van mm damd by Arc 992 of to collcced and to cause the Sums collected to be paid.
Burens s'.em arste Oak Grow W tier r As Usesocmbon D0'i Water Use Assoc noon' to the Arkansas Srai0Health DepaomeB1 p rsuani taA t 292 f 2007 i ea
1 end Sequoyah County Water Users Assocabon "Y Section4 this ordl anco establish themonthly eha a csforwaterser-
NOW. THEREFORE; BE LT ORDAINE:I)AND ENACTED. 6) the City Council o' vice by the Cit of y m Buren.Allp i0 0f ordaances whiehhascprs esrab d
such rates and charges are hereby rep aled cP E_'_ z _t
Sccbon]. Fffecbe lama 1, 2011 the following monthly minimum charges are es- Secno Eme cney Clat se lfisYlet trot iedthatlhe proCdm of5 safe and sufficient
tablished as the rates for customers of lire Vatl Buren Municipal s`hppl 0 1r at I watcus assent al to the well beiig of the CO) 3' td s rt i nhabnanis and_
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I this Ordure ice 0'.
are to p1ide adequate fu ids 0 ecess for the opt an on maintenaneel
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aenu a n d as b is is necessar to preset e the he alth s ifety and welfare.of'
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On the agenda next was to consider AN ORDINANCE WAIVE COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT FOR STORMWATER RETENTION
POND RESTORATION WITH NATURCHEM, INC.; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman
Swaim moved that the rules be suspended and the Ordinance be placed on its second reading.
The motion was seconded by Alderman Sagely. The council followed with a unanimous vote.
The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Ragsdale. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely,
Swaim, and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 22 -2010
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.22.- 2010
BE IT ENACTED BY THE CITY COUNCIL, FOR TIM CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR STORMWATER
RETENTION POND RESTORATION WITH NATURCHEM,
INC.; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of restoration of' a storm water retention pond
located at Dora Road and Twin Oaks Drive, property within the city limits of the City of
Van Buren; and
WHEREAS, after extensive research and inquiry, including solicitation of information from
various communities and sources, the City of Van Buren has determined that there is an
immediate need for the restoration of the retention pond, as set forth in Exhibit "A"
attached hereto, before the weather prohibits the work; and
WHEREAS, the cost of the restoration by NaturChem of Alabaster, Alabama, which has been
determined to have the best available service for the needed restoration, is 531,450.00
which exceeds the limit for purchase without competitive bidding under ARK. CODE
ANN. 14 -58 -303; and
WHEREAS, the City Council has determined, pursuant to ARK. CODE ANN. 1 58- 303(b)(2)(B)
that exceptional circumstances exist, which render the competitive bidding process
to not be practical or feasible; and
WHEREAS, a state of emergency exists because the retention pond is in imtnediate freed of restoration
and maintenance before the weather prohibits the work, to provide for the safety and
welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, TIIAT:
SECTION l: The Van Buren Street Department is in immediate need of restoration of the retention
pond as setforth above.
ORDINANCE NUMBER 22 -2010 CONTINUED
SECTION 2: Said restoration is to be completed by NaturChem, Inc., located in Alabaster, Alabama,
for the sum of no more than 531,450 -00, including sales tax which is authorized hereto to be
paid out of Van Buren Street Funds.
SECTION 3: The City Council in accordance with the terms of ARK. CODE ANN. 14- 58- 303(b)(2)(B),
hereby waives the requirement of competitive bidding and authorizes and directs the Mayor
to enter into contract within the guidelines set forth in Section 2 above.
SECTION 4: It is further found that due to immediate need to restore the retention pond for public safety,
an emergency is declared to exist and this ordinance being necessary for the preservation of
the public health, safety, and welfare, shall take full effect from and after its passage and
approval.
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents, contracts, and agreements necessary to
effectuate this Ordinance.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part ofa section, or any provision or part ofa
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
coup of coinpetent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote ofie_ for and Q against, the foregoing Ordinance at its meeting held on
the 20' day of December, 2010.
i
Robert D. Freeman
i_s< _t) Mayor
ATTESTED:
Barbie Curtis
City Clerk/Treatirer
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
WILSON BROTHER CONSTRUCTION FOR THE 2010 SIDEWALKAND DRAINAGE
IMPROVEMENT PROJECT AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Dodd
stated that she had been contacted by several citizens letting her know that there were not
children in that area. Alderman Dodd also said that she told them that there were senior citizens
that walk and could utilize the sidewalks.. Alderman Swaim seconded by Alderman Dodd moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -1 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1a I 2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF WILSON
BROTHERS CONSTRUCTION FOR THE 2010 SIDEWALK
AND DRAINAGE IMPROVEMENT PROJECT AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the School Sidewalk
Improvement Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Wilson Bros. Construction was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Wilson Bros.
Construction is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN, ARKANSAS THAT:
SECTION 1: The City of Van Buren, Arkansas accepts the bid of $138,500.00 as
submitted by Wilson Bros. Construction as set forth in "Exhibit 1" attached
hereto; and
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for
the City of Van Buren to pay all expenses relating to the Sidewalk and Drainage
Improvement Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF, the City of Van Buren, A rkansas, by its City Council,
did pass, approve, and adopt, by a vote of to for and O ;ainst, the foregoing Resolution
at its regular meeting held on the 20 day of December, 2 0.
Robert D. Freeman, i ayor
ATTESTED:
Barbie Curtis, City Clerk/Treasurer
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
WILSON BROTHER CONSTRUCTION FOR THE CONSTRUCTION OF LEVEE
CLOSURE IMPROVEMENTS AND IMPROVEMENTS TO PORT ROAD WITHIN
THE CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor
Freeman said back when we had the levee recertified that the only improvement they could see
was the closure of the levee gates. $175,000 of the cost will come from Natural Resources Grant.
Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale,
Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -2 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. la __2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF WILSON
BROTHERS CONSTRUCTION FOR THE
CONSTRUCTION OF LEVEE CLOSURE
IMPROVEMENTS AND IMPROVEMENTS TO PORT
ROAD WITHIN THE CITY OF VAN BUREN, ARKANSAS
AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren desires to make improvements to its levee
closures and Port Road as outlined in "Exhibits A and
WHEREAS, The City advertised and received bids for the said improvements; and
WHEREAS, The bids have been received and opened in accordance with Arkansas law and
Wilson Brothers Construction was the lowest bidder meeting the bid
specifications; and
WHEREAS, The City of Van•Buren has determined that the bid Wilson Brothers Construction
for the amount of 286,480.00 was the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
Section 1: That the City of Van Buren, Arkansas accepts the bid of 286,480.00 as
submitted by Wilson Brothers Construction as set forth in "Exhibit 13" attached
hereto; and
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to pay all expenses from capital improvements funds relating to this
project and to execute all documents necessary to effectuate this resolution.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of _ft for and 0 ,_ainst, the foregoing Resolution at its
regular meeting held on the 20th day of December, 2010
Robert D.Fre-
AT��TEESQSTED: D4ayor
Barbie Curtis
City Clerk/Treasurer
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
NICHOLS LANDSCAPING CO. INC., FOR THE CONSTRUCTION OF FENCING OF
SOFTBALL FIELDS AT THE FIELD OF DREAMS SPORTS COMPLEX WITHIN THE
CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman
said the field has been prepped, the lights were installed about a month ago, and so the fencing is
next. Mayor Freeman also expressed appreciation for all the financial contributions made by the
i Women's League, A P Commission, and Crawford County Softball Fund. Alderman Swaim
seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and
Parker. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -3 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. Joy 3 -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF NICHOLS
LANDSCAPING CO. INC., FOR TILE CONSTRUCTION OF
FENCING OF SOFTBALL FIELDS AT THE FIELD OF
DREAMS SPORTS COMPLEX WITIIIN TIIE CITY OF
VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren recognizes the need to provide for the
recreational needs of its residents; and
WHEREAS, In an effort to meet the recognized recreational needs, the City desires to
construct new softball fields at the Field of Dreams; and
WHEREAS, The City recognizes the need for fencing of said fields; and
WHEREAS, The City advertised and received bids for the improvements; and
WHEREAS, The bids have been received and opened in accordance with Arkansas law and
Nichols Landscaping Co. Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, The City of Van Buren has dcterrnined that the bid of Nichols Landscaping Co.
Inc., for the amount of 49,583.00 was the best hid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
Section 1: That the City of Van Buren, Arkansas accepts the bid of S 49,583.00 as submitted
by Nichols Landscaping Co. Inc., as set forth in "Exhibit A" attached hereto; and
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the City
of Van Buren to pay all expenses from capital improvements funds relating to this
project and to execute all documents necessary to effectuate this resolution.
IN WITNESS WVHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass. approve, and adopt, by a vote of (n for and 0 against, the foregoing Resolution at its
regular meeting held on the 20th day of December, 2010
9
Robert D. Freeman, Mayor
ATTESTED: /Y
Barbie Curtis, City Clerk/Treasurer
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR
ADMINISTRATION OF AN ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any
discussion. Mayor Freeman noted that we signed the grant papers last month and the first step
was to advertise for services in administering the grant. We selected HSA Engineering.
Alderman Swaim asked what this grant will be for. Mayor Freeman replied that it was for the
Energy Grant to be used throughout all the buildings, such as, Municipal Complex, A P
Commission, King Opera House, and all the fire stations. Alderman Swaim seconded by
Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker.
Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -4 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 2,- -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKArNSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A CONTRACT FOR ENGINEERING SERVICES FOR
ADMLNISTRATION OF AN ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT.
WHEREAS, The City of Van Buren, Arkansas has been awarded an Energy Efficiency and
Conservation Block Grant EECBG) by the State of Arkansas; and
WHEREAS, The City has determined that it requires specialized engineering services in
connection with the administration and oversight of said grant; and
WHEREAS, The Engineering Services Selection Committee appointed by the Mayor,
reconunends that HSA Engineering should be hired for said services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: The Mayor is authorized to enter into a contract with HSA Engineering to
provide engineering services for administration and oversight of the EECBG.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of for and against, the foregoing Resolution
at its meeting held on the 20 day of December, 2010.
Ro.ert D. -man
Mayor
ATTESTED:
Barbie Curtis
City Clerk/Treasurer
Next on the agenda, Mayor Freeman introduced Tim Conklin to talk about the next two
items on the agenda. The resolution is requesting to withdraw from the current Bi -State
Metropolitan Planning Organization and the following ordinance is requesting to form a new
Metropolitan Planning Organization to be known as "Frontier Metropolitan Planning
Organization This new is necessary to fix problems within the current MPO. Mayor
Freeman broke the explanation down to be that a MPO is necessary to do local needs
assessments for our regions and to get them on the Statewide Transportation Improvement Plan.
On the agenda next was to consider A RESOLUTION AUTHORIZING
WITHDRAWAL FROM THE BI -STATE METROPOLITAN PLANNING
ORGANIZATION; AUTHORIZING PARTICIPATION IN THE DISSOLTION OF THE
ORGANIZIATION; DECLARING AN EMERGENCY THEREFORE; AND FOR
OTHER PURPOSES. The Clerk read the Resolution'in its entirety. Mayor Freeman asked if
there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote'resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -5 -2010
Section 3. The Mayor and City Clerk, for and on behalf of the City, are hereby
CITY OF VAN BUREN, ARKANSAS authorized to execute and directed to do any and all things necessary to effect the
withdrawal of the City from the Organization and the dissolution of the Organization, and
RESOLUTION NO. f 2_ 2010 to perform all acts of whatever nature necessary to effect and carry out the
authority conferred by this resolution.'Ihe Mayor and City Clerk are hereby further
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF
VAN BUREN, ARKANSAS AN RESOLUTION TO BE ENTITLED` authorized and directed, for and on behalf of the City, Ci to execute all papers, documents,
certificates, and other tion.
AUTHORIZING that may be required for the carrying out of such
A RESOLUTION AUTHORIZING WITHDRAWAL FROM THE B1- withdrawal and dissolulion.
STATE METROPOLITAN PLANNING ORGANIZATION; Section 4. The City Council finds that the immediate implementation of this
AUTHORIZING PARTICIPATION LN THE DISSOLUTION OF ry
THE ORGANIZATION; DECLARING AN EMERGENCY resolution is necessary and that it is in the best interest ofthe public health, safety, and
THEREFORE; AND FOR OTHER PURPOSES. welfare for this resolution to be effective immediately after its adoption so as to allow
for the imrnediate execution of the efforts to withdraw from the Bi -State Metropolitan
Planning Organization and the dissolution of the Organization.
WHEREAS the Bi -State Metropolitan Planning Organization was formed in 2006
pursuant to an agreement between certain signatory governmental subdivisions of the IN WITNESS WHEREOF', the City f Van Buren, Arkansas, by its City Council, did
State of Arkansas and the State of Oklahoma; and y
pass, approve, and adopt, by a vote of 6 for and O against, the foregoing Resolution at its
meeting held on the 20 of December, 2010.
WHEREAS the Organization was authorized and empowered under the
Interlocal Cooperation Act of the State of Arkansas, being Act 430 of 1967, as amended,
codified at A-CA. 25 -20 -101 et. seq. and the Interlocal Cooperation Act of the State of
Oklahoma, being Title 74, Oklahoma Statutes 1001 et. seq., as amended; and
WHEREAS paragraph 3 of the Bi -State Metropolitan Planning Organization Robert D. Fr 1
Agreement authorizes the withdrawal of any party to the Agreement if the party, by Mayor
esolution, adopted by its governing body, submits in writing to the Policy Board of the A I I ESTEO:
Organization a copy of the resolution and such withdrawal request; and
WHEREAS paragraphs 2. and 5(j) contemplate the dissolution of the organization
and termination of the agreement forting the organization by its member parties. Barbie Curtis
City Clerk/Treasurer
-NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
T1fE CITY OF VAN BUREN, ARKANSAS:
Section 1. The City Council hereby fords and determines that it is in the beat
interest of the City to simultaneously withdraw from the Bi -State Metropolitan Planning
Organization and participate in the dissolution of the Organization.
Section 2- The withdrawal from the Organization and dissolution of the
Organization shall be contingent upon the formation of a new Metropolitan Planning
Organization consisting of substantially the same jurisdictional arca of the existing
organization, and this dissolution shall be effective simultaneously with the effective
date of the new Organization which will be 12:01 a-m. 2uty 1, 2011. Effective upon the
dissolution ofthe existing Metropolitan Planning Organization, all assets if any, and all
contracts, rights, and liabilities shall be transferred to the new Metropolitan Planning
Organization.
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
FORMATION OF A METROPOLITAN PLANNING ORGANIZIATION;
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF VAN BUREN AND
OTHER CITIES AND COUNTIES AND OTHER ENTITIES WITHIN THE STATE OF
ARKANSAS AND WITHIN THE STATE OF OKLAHOMA; DECLARING
EMERGENCY THEREFORE, AND AUTHORIZING AND PRESCRIBING OTHER
MATTERS THERETO. The Clerk read the Ordinance in part. Alderman Swaim moved that
the rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Alderman Sagely. The council followed with a unanimous vote. The Clerk then
read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Moore. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Parker, Moore, Ragsdale, Dodd,
Sagely, and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 23 -2010
CITY OF VAN BUREN, ARKANSAS WHEREAS, it is desirable to 'enter into a new Agreement and form a new
Organization for the purpose of providing broader, as well as more specific powers and
ORDINANCE 1NANCE NO.2 -2010 authority in the voting board of the Organization so that the Organization may be
managed and operated with greater efficiency and so that the business of the
Organization may be performed with greater efficiency; and
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED: WHEREAS, the Interlocal Cooperation Act of the State of Arkansas, being Act
AN ORDINANCE AUTHORIZING THE FORMATION OF A 430 of 1967, as amended, codified at A.CA 25- 20-101, et. seq. and the Interlocal
METROPOLITAN PLANNING ORGANIZATION; Cooperation Act of the State of Oklahoma, being Title 74, Oklahoma Statutes, 1001, et.
AUTHORIZLNG AN AGREEMENT BETWEEN TILE CITY OF seq., as amended permits and authorizes governmental subdivisions of the State of
VAN BUREN AND OTHER CITIES ANA COUNTIES AND Arkansas and the State of Oklahoma respectively to form an organization for the
OTHER ENTI'T'IES WITHIN THE STATE OF ARKANSAS AND discharge of any responsibility that such party may be able to perform by authority of
WITHIN THE STATE OF OICAHOA]A; DECLARING
EMERGENCY THEREFORE AND AUTHORIZING AND law or its charter; and
PRESCRIBING OTHER MATTERS THERETO.
WHEREAS, it is proposed that the City join with Crawford County, Sebastian
County, City of Alma, City of Barring, City of Bonanza, City of Central City, City of Fort
wi mREAS, the City of Van Buren, Arkansas is a member along with other Smith, City of Greenwood, City of ring, City City of Lavaca, Western Arkansas Intennodal
govemmev[al subdivisions of the State of Arkansas and the Shoe of Oklahoma ofa Authority, and Fort Smith Regional Airport Commission within the State of Arkansas
Metropolitan Planning Organization formed pursuant to an agreement dated October and with LeFlOre County, Sequoyah County, Town of Arkoma, Town oFMoffett, and
24, 2005; and Tman ofl'ocola within the State of Oklahoma to form a Metropolitan Planning
WHEREAS, the existing Metropolitan Planning Organization will be dissolved Organization under the Acts of the State of Arkansas and the State of Oklahoma listed
contingent upon the formation of a new Metropolitan Planning Organization consisting above and to create a Metropolitan Transportation Planning Area and Planning
of sbbstantially the same parties to the existing organization, and this dissolution shall Organization pursuant to U.S. Code at 23 U.S.0 134, et. seq., as amended; and
be effective simultaneously with the formation and charter of the new Organization;
WHEREAS, an Agreement for the fonnation of such an organization has been
and a of prepared, py o which has been presented to and is before this meeting.
WHEREAS, the formation of new and reformed Metropolitan Planning I
Organ ization is necessary and desirable to cure deficiencies in the previously formed NOW, THEREFORE, VN BUI BE IT ORDAINED BY THE CITY COUNCIL OF
previous y THE CITY OF VAN BURET ARICANSAS:
McGopolitan Planning Organization wherein districts of two Oklahoma counties were
purported parties to the Agreement to the exclusion of the entire county and other Section 1: (a) The City Council hereby fads and detemtines that it is in the best
interest of the City to join with the entities named above in the formation of a
districts within the counties; and Metropolitan Planting Organization: (1) for the purpose of banding together the
territory under the jurisdiction of the signatory parties the geographical area specified
WHEREAS, the entire county must be a party to the Agreement even though the below, (2) to create greater eligibility for grants, loans, and other consideration under
jurisdictional area covered by the Agreement may be a certain and exclusive district federal legislation including, but not limited to 23 U-S.0 134, et. seq., as amended, that
within the county; and can be used for the expenses ofplarming, research and technical assistance to help the
organization determine feasible actions that will improve the existing, as well as the
WHEREAS, it is necessary mid desirable to form a new and reformed future economic and social enviromncnt of the territory under the jurisdiction of the
Metropolitan Planning Organization in order
to set forthwith greater specificity the signatory parties, and (3) to provide other services and benefits, for which such
jurisdictional area and artier to be Included within thejtuisdiction of the Metropolitan functions may in many instances be discharged or performed by a common entity to the
j P mutual advantage of all, including the citizens of the planning area.
Planning Organization; and (b) The Agreement for the fomtation of the Metropolitan Planning
Organization establishes a platutitig area to be comprised of the area within the
geographical boundaries of the following:
I
ORDINANCE NUMBER 23 -2010 CONTINUED
Crawford County, Arkansas
Sebastian County, Arkansas
District I of Leflore County, Oklahoma, and
District 1 of Sequoyah County, Oklahoma
Section 2: The formation of a Metropolitan Planning Organization pursuant
to the Acts mentioned above, to be known as the "Frontier Metropolitan Planning
Organization" and the City's participation in the same, are hereby authorized Upon
the dissolution of the existing "Bi -State Metropolitan Planning Organization" and the
formation of the new Metropolitan Planning Organization, all assets, any, and all
contractual rights and obligations, as well as any liabilities of the existing Metropolitan
Planning Organization shall be transferred to, received by, and assumed by the new
Metropolitan Planning Organization.
Section 3: There is hereby authorized the execution and delivery of an
Agreement by and between the City and the other governmental subdivisions of the
State of Arkansas and Oklahoma mentioned above, and the Mayor and City Clerk are
hereby authorized to execute and deliver the Agreement for and on behalf of the City.
The Agreement is hereby approved in substantially the form submitted to this meeting,
and the Mayor is hereby authorized to confer with the other parties thereto in order to
complete the Agreement in substantially the form submitted to this meeting with such
changes as shall be proposed by such persons executing the document, their execution
to constitute conclusive evidence of such approval. Further, and specifically, if any
member entity named herein or in the Agreement form attached should choose to not
be a member of the Metropolitan Planning Organization, then the exclusion of that
member entity or entities shall have no effect on the authorization established by this
Ordinance to enter into the Agreement.
Section 4: The Mayor and City Clerk, for and on behalf of the City, are hereby
authorized to execute and directed to do any and all things necessary to effect the
execution and delivery of the Agreement, and the performance of all acts of whatever
nature necessary to effect and carry out the authority conferred by this ordinance. The
Mayor and City Clerk are hereby further authorized and directed, for and on behalf of
I the City, to execute all papers, documents, certificates and other instruments that may
be required for the carrying out of such authority or to evidence the exercise thereof.
Section 5: The City Clerk is hereby authorized and directed to file in the office
of the City Clerk as a part of the minutes of the meeting at which this Ordinance is
adopted, for inspection by any interested person a copy of this Agreement, and such
document shall be on file for inspection by any interested person.
Section 6: The provisions of this Ordinance are hereby declared to be
separable and if any section, phrase or provision shall for any reason be declared\ to be
invalid, such declaration shall not affect the validity of the remainder of the sections, i
phrases and provisions.
I
Section 7: The City Council finds that the immediate implementation of this
ordinance is necessary and that it is in the best interest of the public health, safety, and
Welfare for this ordinance to be effective immediately after its adoption so as to allow
for the immediate execution of the agreement and the pursuit of the endeavors i
contemplated therein.
I
I
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
1
pass, approve, and adopt; by a vote of (P I for and 0 against, the foregoing Ordinance at
i
its Regular Meeting held on the 20th day of December, 2010.
Robert D. Fr ••c: -Mayo
ATTES ED: 1
Barbie Curtis, City Clerk/Pfeasurer
Next on the agenda, Mayor Freeman gave a presentation to update the council regarding
the revenues as well as a budget discussion.
On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED
BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale,
Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 12 -6 -2010
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I;L- (p -2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE
FISCAL YEAR ENDING DECEMBER 31, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: That the 2011 Proposed Expenditures of $11,664,802.97 (Eleven
Million, Six Hundred Sixty -Four Thousand, Eight Hundred Two Dollars and
Ninety -Seven Cents) is hereby appropriated and a copy of said Budget is
attached hereto and made a part hereof; and
SECTION 2: That the appropriations made herein include additional pay foi'
Holidays for all agents, servants and employees of the City of Van
Buren including, but not limited to, uniformed employees, as
provided for by the laws of the State of Arkansas.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of 4 for and 0 against, the foregoing Resolution
at its meeting hold on the 20 day of December, 2010.
IL ra t
Robert D.
Mayor
ATTESTED:
Barbie Curtis
City Clerk/Treasurer
On the agenda next was to consider AN ORDINANCE SETTING THE SALARIES
OF THE MAYOR, CITY CLERK- TREASURER AND DISTRICT JUDGE. The Clerk
read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Alderman Sagely The
council followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely,
Swaim, and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Dodd, Sagely, Swaim, and Parker. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 24 -2010
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.2
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE SETTING THE SALARIES OF THE
MAYOR, CITY CLERK TREASURER AND DISTRICT
JUDGE.
WHEREAS, the City Council desires to grant a cost of living increase for the Mayor, City
Clerk- Treasurer, and District Judge which would be reflected on the city payroll
for January 15, 2011.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY TIIE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: That beginning on the 1st day of January 2011, the salary of the Mayor,
City Clerk- Treasurer, and District Judge shall be as follows:
MAYOR $61,325.00
CITY CLERK TREASURER 545,370.00
DISTRICT JUDGE 553,470.00
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of( for and C against, the foregoing Ordinance at
its Regular Meeting held on the 20th day of December, 2010.
Robert ll. Free .i.n of
ATTESTED:
Barbie Curtis, City Clerk/Treashrer
Next on the agenda was a street closing request. King School requested to close several
streets for approximately one hour for their annual 5k run on Apr 2 "d beginning at 8:30 a.m.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to approve the
request. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Dodd to appropriate the sum of $1,676,526.32 to pay expenses and
salaries for November 2010, presented by the City Clerk. The Council followed with a
unanimous vote.
12 -14 -2010 1 0 5 0 A M 0 1 7 05 V A N 9 95 0 1 0 PAGE: 1 71
L'._:..::_
TAIAL
AS OF: NOVEMBER 3079, 2010
10 General Fund
MON'H TO DATE YEAR :O OA'E
ACCTS ACCOUNT NAN1 DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00 +I+I
1020 Cash In Bank 9,401.77 99,016.39 'j
1020.03 Cash In Bank- ASP's &Walmart Gra 0.00 0.00 -13•=
1020.04 Veterans' Memorial -Act 934 0.00 117,923.30
1020.05 2009 Byrne Recovery Grant 335.51 13,652.43 1,042,259
1020.06 2009 Byrne Grant 0.00 120.00 1 s 7 3 0 9 1+ I
1020.07 2007 Byrne Grant C.00 0.00 1 9 1 8 8 3. 2 2+
1020,08 Cash in Bank -Ins 2000 Storm 0.00 0.00 g 0 7 0 G 1 'l 4 j
1020.09 District Mout Grant Mediation 0,00 25.00
1020.10 Cash in Bank ROC 2,756.85 3,127.40 295•68+
1020.11 cash in Bank -RVBB 3,500.00 3,500.00 1 1 6, 5 7 1' 2 4.+
1020.13 Cash In Bask-ACT 833 7,060,68 71,273,71 i
1 5, 500. 00+
1020.14 Court Automation-District 1,183.14 60,956.76 I
1020.15 Cash in Bank -ACT 1314 0.00 0.00 13 J 0
1020.16 AR Dept of Rural Services 0.00 0.00 1 s 2 0 3 4
1020.17 New Police Dept 0.00 35,000.00 009
1020.18 Cash in Bank PO Co Tax 13,766.76 94,077.70
1 676, 526.3 =0
1020.19 Cash in Bank FD Co Tax 12,947.85 190,831.58
1020.20 Cash In Bank Erosion Control 75.00 6,025.00
1020.27 Cash in Bank Levee 0.00 7,619.17
1020,28 Marina Repairs 0.00 12,500.00
1020.31 Cash in Bank Parks 5 Rec 1,906.00 48,594.40
1
1020.32 GIF -Parks 6 Recreation 0.00 0.00
1020.33 Cash in Bank -Yard Waste 5,146.62 38,395.70 1
1020.51 Cash in Bank Cemetery 40.25 14,942.27
1020.91 Cash in Bank Cap Imp 54,754.56 1,124,816.16
:040 Investments 0.00 550,000.00
1040.10 Investments Sales Tax Cety 0.00 0.00
1040.19 Investments PD Co Tax 0.60 0,00 '1
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0,00 0,00
1040,31 Investments Parks 2 Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 46,752.59
1040.91 Investments Cap Imp 0.00 1,815,591.93
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due iron Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fond 21.14 30.38
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BF:ASCE
2000 Accounts Payable 55.00 0.00
2010 Municipal Health Ids. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Onion -First Resource 0.00 0.00
'L
Lf
Next Police Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. There being no further questions or changes, the
reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Andy Fox and Jo
Blondin addressed the council at the beginning of the meeting regarding Allen Canning
Company's bright lights. Mayor Freeman offered to write another letter from the city on their
behalf. Mayor Freeman mentioned to the council that the dates for January and February's
council meetings will be pushed back one week to be held on January 24 and February 28`
Mayor Freeman spoke on the Audit Reports from 2008. There were four items that needed
attention. 1- Better segregation of financial duties. Mayor Freeman noted that this is on every
audit in the state. 2- The minutes did not reflect that the audit results were reported to the
council. 3- Security controls for computers and passwords. He said this was the first time this
had ever been brought up in an audit. And 4- A disaster recovery plan was not in place for our
automation. He mentioned that we are in the process of obtaining one.
Alderman Parker said she had the privilege of touring the new library and it looks really
nice. Mayor Freeman said the dedication and ribbon cutting will be February 13 at 2:00 p.m.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 8:30 p.m.
ATTESTED: AP'RO ED:
CITY CLERK- TREASURER MAYOR