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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 c ;2011 I' xtnnsi 2 betterments and i a quai iher e needs e the system which are necessary jo make. t Sz 72 1 'x: o ]anuary '2011 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 iN H 1- fe b e Daie' ERAusl i wtci rotes and ch ac es cstabli lied by not sufficient 0 c P ]anuary 1 ,20) of 1h C to 'bfihd s'.and apjrzr ed September 24 2007 ire not sufficient to meet the l salA i e 4 A 1000 p II Effect ve Daieii� reyi emedts'bf the stem anJ WaterforRe VtInv 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_ Uulr[y \\atecsv stem oC \an Bt n 1 n that an emergency i is declared to :exist in Mat the oyater rotes and ch nbes co uried in; I this Ordure ice 0'. are to p1ide adequate fu ids 0 ecess for the opt an on maintenaneel R udenpa) mum'.1'.nt Char a finis is n o f the va t r s stem of the 0 ty of Van Buren Theref rte due to this eater aenu a n d as b is is necessar to preset e the he alth s ifety and welfare.of' 3/4 t 54 75 the Cn a nd tls ran bnant I hus ordinance shall be. i i full fore° aid cflect a of the date of its adopt on red shall be im lenemedt ofihedales set fothiiths Ordinance pN2 1 315 65 i t, ;327.50 v S EDANAPROFD 7H1$20thd )of 2010 vl --rr D P C oitunci M n mum M2 :LChII,c R obe i Freeman 3/4 $475 Mawr v.' 58 Jo e Attest 519 75 llarb,e Curtis r e =4 t a 365 50 Published in the Press Ar Courier Decdmber 2) 2010 1n r ruVe i Minimum tna VIrmmum 578'5 tee :949 I Ita ax te SI1:85,` 2/1/2 n..us i 2 a. 529.x,5 .3 t i y,`r J S65' .7 4 6 n 5740 S x i-3 s r t iii ii r 4 r Water _2 etc izc ':G t Rcvale N]tr iron \k wild; Chan 5651 _517-_75 3260.55 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