11 November 2011 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING NOVEMBER 21, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
November 21, 2011 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 Swaim,
Parker, Moore, Ragsdale, Dodd and Sagely. City Attorney Candice Settle and Deputy City Clerk
Connie Hyatt were present. City Clerk Treasurer Barbie Curtis was absent. This made a total of
nine (9) present. A quorum was declared.
The invocation was given by Mr. Gary Deffenbaugh, State Representative.
Next, Mayor Freeman led the Pledge of Allegiance.
Next, Danalene Porter with the Crawford County Library Board presented Alderman
Donna Parker with an award.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on October 17, 2011. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The following voted nay: none.
On the agenda next was a public hearing on new ward boundaries. There were no issues
heard.
On the agenda next was to consider AN ORDINANCE ESTABLISHING FEES FOR
THE COMMERCIAL TRAILER AND MOBILE VENDING UNIT PERMIT;
DECLARING AN EMERENCY; 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 Dodd. 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 Moore asked if these fees were in addition to the
existing fees. Mayor Freeman explained that these were in place of the business license fees for
these types of businesses. City Attorney Candice Settle mentioned that these are not applicable to
festival vendors.
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 Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. 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 Sagely, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Aldennan Ragsdale, Dodd, Sagely, Swaim Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 31 -2011
CITY OF VAN BUREN NOW, THEREFORE„ BE IN WITNESS WHEREOF,
ARKANSAS 201 IT ORDAINED BV,;,THE
the City Van Bure
ORDINANCE n,
C I TY COUNCIL NO31' Arkarisas; Uy.� its' City
BE IT'ENACTED 'CITY OF VAN BUREN OFITHE,,
Council, did pass, ap-
CITY COUNCIL FOR THE ARKANSAS THAT:,-, prove:'and.adopt, by a
CITY OE VAN BUREN SECTION'1'. Fees for the vote of 6 for and 0
ARKANSAS,::ANp ORDI- commercial trailer and agaidst,''thet foregoing
NANCETO BE iNTITCEO mobile vending;'; unit Ordinance it Regu-
AN ESTAB- permit it shall be applied lar held on the
LISHING.FEES•FOR. THE as follows; Long Term 21st.''day,of November
COMMERCIALY7RAlLER Permit 120° Days
AND $10000 Robert D. F reeman
Inniq ERMIT;DECLAR- Long :_Term Permit -30 Mayor...,
ING j' AN EM Extension Day ension $25.00. Atte5t2d'.° I 7
AND FOR- OTHERPUR= Short-Term Permit -30 j Connie,Hyatt u
POSES, r: Days $25.00' Deputy City Clerk.
WHEREAS' the,''City SECTION.2. In order to Approved As To Form:
Council' the
have, the permit.; fees
"City
r s 'of.
Candice n e
Van ��BUren! Arkansas set; in. place _as� -the- -per- City Attorrneev y rt r
pas'sei Ordinance No. mit'goes into effect at Published in the No-
22-2011. August 15, the first of, the 'year an vernber 26,. 2011 issue
2011'.: authorizing: —the emergency therefore is of. the Press
commercial` rtailerNdo declared. and the Ordi- Argus- Courier.
Mobile:: 'vending unit nance being necessary.
permit; and for the preservation of
WHEREAS, according to the public peace,
Ordinance No 22 -2011 health. and safety;
such permits are sub- shall.. be. in
ject to a fee estab- and effect from and af-
lished by the City ter its passage and ap-
Council and prove!.
WHEREAS, notice SECTION 3. All,,,other
Public., Hearing was prior Ordinances or
duly published and a parts thereof which are
Public Hearing was in conflict with the pro
conducted, by „Van visions ,of this Ordi-
Buren Planning Com'. nance are hereby Te
mission to discuss the pealed.
permit and all its provi:
sions.
On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE
NO. 38 -1979 TO CHANGE THE ANNUAL PAYMENT RECEIVED FROM
TELEPHONE COMPANIES FOR THE USE OF PUBLIC RIGHT -OF -WAYS;
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 Parker.
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. Mayor Freeman noted that there are several things
working in parallel here. The City is in the middle of updating the Cox Communications
franchise agreement and Cox has requested being equal to AT &T at the state level of 4.25%.
This ordinance is bringing AT &T's franchise fee up to that 4.25
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. The Mayor declared the notion 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 Moore, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 32 -2011
ORDINANCE NO. 2011
110 IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
RANSA3;XIKORDINANL.e 111 BEE tt them.
AN ORDINANCE AMENDING ORDINANCE N0. 38 -1979 TO
CHANGE THE ANNUAL PAITIENO RECEIVED FROM
TELEPHONE COMPANIES FOR TILE USE OF PUBLIC RIGHT-
OF-WAYS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, o0 or about November 19, 1979, the City of Van Buren, Arkansas adopted Ordinance No.
38 -1979 granting to Southwestern Bell Telephone Company the right to use the public
rights of ways to operate its Telephone System and all business incidental to or connected
with the conducting of a Telephone business in exchange for an annual payment from the
Company to the City; and
WHEREAS, Arkansas Code 14-200.101 authorizes municipalities torequie
relroommunications service providers to pay a franchise fee to
operate witbio the local government boundaries; and
WHEREAS, the City and Company have avaed to amend Ordinance No. 38 -1979 to change the
annual payment made to the City.
NOW, TREREFORE, BE IT ORDALN AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Section 2 of Ordinance No.38 -1979 is hereby amended and restated in its entirety and
shall hereafter be read as follows:
The Telephone Company shall pay ro Ciry aJee equal w 42535 of the revenuer received
by the Telephaa pa yfor le
bask cnl erJwne service provided in iry fo
q er or before Cam the 30'" day ester rho endof quarter (Minch 31 the June C 30r the
September 30, and December 31).
SECTION2: This Ordinance being necessary for the financial continuity of the City of Van Buren,
Arkansas, and necessary in presiding for the immediate preservation of the public peace,
health, and safety, an emergency' is declared to exist and this Ordinance shall take effect
on January 1, 2012 and be in forte afiu its passage.
IN WRNTSS WHEREq F, the ry o Van Bma, Arkansas, by uncil, pass
approve, and adopt, by a nom ofyz far and Ci O f against W £ore ivavi ce its City at Co its regular me
held on the 2l' day of November, 2011.
Exuma a. Pre,
Mayor
ATTES'T'ED: 'fRUVE ORM:
.L.... ol
T' tit 2rP w Ckr. Candice A. Settle r`irnLlnx4SLc.m. Cite Attemry
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND AUTHORIZE THE PURCHASE OF A USED INTERNATIONAL 7600
DUMP TRUCK FROM CARCO INTERNATIONAL, 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. Mayor Freeman said that the Street Department
does not have a truck of this load capacity. A new dump truck would cost us around $150,000.
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 Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. 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 Sagely, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 33 -2011
ORDINANCE NUMBER 33 -2011 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDIA.INCE 0 ton
BE IT ENACTED BY 1111 CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETFFIVE BIDDING
AND AUTHORIZE THE PURCHASE OF A USED
INTERNATIONAL 7600 DU TRUCK FROM CARCO
INTERNATIONAL, INC., DECLARING AN EMERGENCY;
AND FOR OTIIER PURPOSES.
WHEREAS, the City of Van Buren is in need of a replacement and larger dump truck for the
City of Van Buren Street Department; and
WHEREAS, Sebastian County has recently traded in dump trucks to CARCO International,
Inc.; and
WHEREAS, the City of Van Buren officials have inspected said trucks and have determined
that the International 7600 described in Exhibit "A" hereto meets the City's
requirements including size and that the bucks are only available for a limited
time; and
WHEREAS, a larger sae dump truck will be more efficient and will save fuel and labor costs,
therefore providing for the life and safety of the citizens of the City of Van Buren;
and
WHEREAS, the cost of this International 7600 dump truck is $59,000.00 which exceeds the
limit for purchase without competitive bidding; and
WHEREAS, the City Council has determined, pursuant to A.C.A. 5 14 -58 -302 that exceptional
circumstances exist which render the competitive bidding process to not be
practical or feasible, specifically that due to the extremely competitive price and
availability of such a truck, it is not expected to be available for purchase for any
extended period, and because such truck specifically fits the needs of the Street
Department, it is in the best interests of the citizens of the City of Van Buren to
purchase the truck as competitive bidding will so delay the process that it is
unlikely the track would be available, nor is it likely that CARCO International,
Inc. would submit a bid as there are plenty of interested purchasers.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION L The Street Department of the City of Van Buren, Arkansas is in immediate need
to purchase the International 7600 dump truck.
SECTION 2: Said track will be purchased from CARCO International located in Fort Smith,
Arkansas, for the suns of 59,000.00 pursuant to the contract attached hereto as
Exhibit "A."
SECTION 3: The City Council in accordance with the tents ofA.CA. 14 -58 -302 hereby
waives the requirement of competitive bidding and directs the Mayor to purchase
the above described dump truck for the price set forth in Section 2 above.
SECTION 4: It is further found that due to the immediate need to acquire this dump truck an
emergency is declared to exist and this Ordinance being necessary for the
preservation of the public health, safety, and welfare, it shall take 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 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 of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by
any court of competent jurisdiction, such holding shall not invalidate or affect the
mmainder of this Ordinance and to that extent the provisions hereto are declared
to be severable.
LN WITNESS WHEREON, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of Ig for and 0 against, the foregoing Ordinance at its
regular meeting held on the 21" day of November, 2011.
Robert 73 Fre
Mayor
ATTESTED: APPRO 5 TO FORM;
e ;r11S.
3erbiekSurtis
jitreferkifikccuier
City Attorney
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO SECURE SHORT -TERM FINANCING FOR THE FINANCING OF THE
RENA ROAD WIDENING PROJECT, TO DISBURSE FUNDS FOR THE RENA ROAD
WIDENING PROJECT, 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 Parker. 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. Mayor Freeman noted that in Section 1 it needs to
say "construction costs" instead of "utility relocation Mayor Freeman also mentioned that
AHTD bid the project out and awarded it to Forsgren.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 34 -2011
SECTION 2: The Mayor is further authorized to enter into an agreement with an appropriate
CITY OR VAN BUREN, ARKANSAS financial institution in order to finance 500,000.00 of said funding for a period
of 24 months at an interest rate not to exceed the maximum rate allowed by state
ORDINANCE NO. 2011 Nk pant to Amendment 78, Section 2 of the Constitution of the State of
BE IT ENACTED BY THE CITY COUNCIL, FOR ITY OF VAN 1
ARKANSAS, AN ORDINANCE TO BE ENTITLED: SECTION 3: It is further found that due to the immediate need to fund the project, an
emergency is declared to exist and this Ordinance being necessary for the
preservation of the public health, safety, and welfare, it shall take effect from and
AN ORDINANCE AUTHORIZING THE; TIAYOR TO
SECURE SHORT -TERM FINANCING FOR THE after its passage and approval.
FINANCING OF THE RENA ROAD WIDENING PROJECT, SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
DISBURSE FUNDS FOR THE RENA ROAD WIDENING severable, and ff any section or part of a section, or any provision or part of a
PROJECT, DECLARING AN EMERGENCY, AND FOR provision herein, is declared to be unconstitutional, inappropriate, or invalid by
OTHER PURPOSES. any court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared
WHEREAS. the City Council for the City of Van Buren has previously approved matching to be severable
funding for the Rena Road Widening Project in coordination with the Arkansas
State Highway and Transportation Department CAHTD'); and IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (0 for and 0 against, the foregoing Ordinance at its
WHEREAS, the AHTD has recently completed its gross estimates for the Rena Road Project rear meeting held on the 21" day of November, 2011.
for an estimated total cost of$ 6,137,643.03 of which the City is obligated to cost
share in the amount of 1,637,258.03 of which 352,600.00 is already on deposit ab'
with AHTD; and •E'
Ro•ert D. Free
WHEREAS, a state of emergency exists because the AHTD has requested in order to proceed Mayor
with the Rena Road Project, a check from the City payable to the AHTD as set
forth in Exhibit "A" hereto and the City will be financially liable for construction
delays.
ATTESTED: 0 FORA':
NOW, 'THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
BL-bleGu tiis 1 T J C7e4/v andice A. Seale
SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City ci City Attorney
of Van Buren to submit a check in the amount of 1,284,658.03 to the Arkansas
State Highway and Transportation Department for the City's share of construction
costs for the Rena Road Widening Project
On the agenda next was to consider A RESOLUTION AWARDING A SERVICE
SIDEARM TO CODE ENFORCEMENT OFFICER WESLEY SANDLIN UPON HIS
RETIREMENT. 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 Ragsdale, Dodd, Sagely, Swaim. Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -1 -2011
CITY OF VAN BUREN, ARKANSAS
RESOITU`PIOiV NOS\ —201
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION, TO BE ENTITLED:
A RESOLUTION AWARDLNG A SERVICE SIDEARM TO
CODE ENFORCEMENT OFFICER WESLEY SANDLIN UPON HIS
RETIREMENT.
WHEREAS, Van Buren Police Code Enforcement Officer Wesley Sandlin retired from the
City on October 31, 2011, after 19 years, and 11 months of service; and
WHEREAS, Code Enforcement Officer Wesley Sandlin has demonstrated his dedication to
duty and to the citizens of the City of Van Buren; and
WHEREAS, upon regular service retirement under honorable circumstances, the City wishes
to recognize Wesley Sandlin's service as a Code Enforcement Officer and award
to him his issued sidearm carried by him at the time of his retirement from
service.
NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The City Council for the City of Van Buren adopts this resolution awarding this
service Sidearm, a Heckler Koch USP9C 9mm Pistol, Serial 27- 027233, to
Code Enforcement Officer Wesley Sandlin.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of Co for and 0 against, the foregoing Resolution at its
regular meeting held on the 21" day of November, 2011.
1 1t —w i.._
Robert D. Freem.
Mayor
AT" ESTED: �.ATpROVED T0 FORM:
�I 4 P'
-Q'�` `J G ��i. Camp A. Settle
City Attorney
I
l
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT
DISTRICT, INC. (WAPDD) TO ASSIST THE CITY OF VAN BUREN WITH
ADMINISTRATION OF A FEDERAL EMERGENCY MANAGEMENT AGENCY
GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any
discussion. Mayor Freeman mentioned that this was a half million dollar grant to build a safe
room in the lot adjacent to the existing senior center. Alderman Parker asked if the rules were as
strict as the school safe rooms regarding furniture being allowed within the safe room. Mayor
Freeman replied that furniture is allowed but not permanent structures. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and
Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -2 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. cl 2011
BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE
WESTERN ARKANSAS PLANNING AND DEVELOPMENT
DISTRICT, INC. (WAPDD) TO ASSIST THE CITY OF VAN
BUREN WITH ADMINISTRATION OF A FEDERAL
EMERGENCY MANAGEMENT AGENCY GRANT.
WHEREAS, the City of Van Buren, Arkansas has been awarded Hazard Mitigation Grant
(HMGP) funds with the Federal Emergency Management Agency (FEMA) to
construct a community safe room; and
WHEREAS, the City of Van Buren, Arkansas recognizes the need for assistance in
administering the HMGP grant in compliance with FEMA and the Arkansas
Department of Emergency Management (ADEM) regulations and Federal, State,
and Local laws; and
WHEREAS, the City of Van Buren has a long standing relationship with the WAPDD and
feels confident that it will administer the above referenced project competently,
and that ADEM requires that grants be administered by a qualified agency that
has received grants administration training. The WAPDD is the only agency in
Westem Arkansas that meets all these requirements.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby authorizes the Mayor to designate WAPDD as the
project administrator for the l4MGP grant, and enter into a contract for
Administrative Services with said agency for project administrative services.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of k for and 0 against, the foregoing Resolution at its
meeting held on the 21 of November, 2011.
l
Robert D. Freem.
Mayor
ATTESTED: AP/ Ica rEp AS 1 FOILM:
I
.1; r- tic
:4
•'s 10131-4
C4-C1e,11C. Candice A. Settle
City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR OF THE CITY OF VAN BUREN AND THE CITY CLERK TREASURER OF
THE CITY OF VAN BUREN, ARKANSAS, TO TRANSFER FUNDS FOR THE CITY
OPERATIONS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there
was any discussion. Mayor Freeman briefly went over where the city stands with revenues and
expenses in comparison to years past. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION-NOJA_-' 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR OF THE
CITY OF VAN BUREN AND THE CITY CLERK-
TREASURER OF THE CITY OF VAN BUREN, ARKANSAS,
TO TRANSFER FUNDS FOR THE CITY OPERATIONS.
WHEREAS, the City's General Fund is below forecasted revenue; and
WHEREAS, proceeds from County Sales Tax are available in reserve to meet near term
obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor and City Clerk- Treasurer of the City of Van Buren are hereby
authorized to transfer funds from Capital Improvement Funds to the General Fund
Account in the amount of $200,000.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (c for and p against, the foregoing Resolution at its
regular meeting on the 21' day of November, 2011.
Robert D. Fre C-
Mayor
ATTESTED: APP. ON s 1S TO FORM:
B' uns Qe,p..d+ Candice Settle
City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
HUDSON EXCAVATION, INC., FOR THE 28 STREET DRAINAGE REPAIR
PROJECT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. Mayor Freeman explained that the metal pipe
at Kibler Road and South 28 Street is collapsing. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays
none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -4 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. Il A 2011
BE 1T ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF HUDSON
EXCAVATION, INC., FOR THE 28 STREET DRAINAGE
REPAIR PROJECT, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the 28 Street Drainage Repair
Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Hudson Excavation, Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Hudson Excavation, Inc., 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 26,565.00 as
submitted by Hudson Excavation, 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 relating to the 28 Street Drainage
Repair Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of 1Q for and P against, the foregoing Resolution
at its Regular Meeting held on the 2l day of Novenrbe., 1
Robert D. Freemai
Mayor
ATTESTED: AP VED AS TO FORM:
Br its tom-' leAk- "andice A. Se Nl e
City Attorney
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
STREET DEPARTMENT TO TRANSFER CERTAIN ASSETS FROM THE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY TO THE YARD WASTE DEPARTMENT.
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
Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -5 -2011
CITY OF VAN BUREN, ARKANSAS
RESQLUTION "NO. 7 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE STREET
DEPARTMENT TO TRANSFER CERTAIN ASSETS FROM
THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY
TO THE YARD WASTE DEPARTMENT.
WHEREAS, the Van Buren Street Department has a 1990 Chevrolet 2 -Ton Dump Truck on its
Fixed Asset Inventory list which is no longer needed by the department; and
WHEREAS, the City of Van Buren's Yard Waste Department is in need of said truck; and
WHEREAS, said truck has a value of approximately 15,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to transfer the following asset
from the Fixed Asset Inventory from the Street Department to the Yard Waste
Department.
1990 Chevrolet 2 -Ton Dump Truck #1 GBJ7H1 P9LJ 203093 CTL ST -39
SECTION 2: The Mayor and City Clerk are further hereby authorized to transfer 15,000.00 in
Yard Waste funds to the Street Department for compensation of said truck.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its
regular meeting held on the 21" day of November, 2011.
Robert
Mayor
ATTESTED: 3D S TO FORM:
eta., i
s an.me A. Settle
City ClcrlJTiecasucer City Attorney
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC UTILITY EASEMENT IN LEGACY
VALLEY, PHASE I, INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,
ARKANSAS. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -6 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NET li -2011
13E IT ENACTED BY THE CITY COUNCIL, FOR TI-IE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC UTILITY EASEMENT ES LEGACY
VALLEY, PHASE I, INSIDE 1 HE CITY OF VAN BUREN, CRAWFORD
COUNTY, ARKANSAS.
WHEREAS, Clements Homes, Inc. and GUI, Development, Inc. have petitioned the City Council of
Van Buren, Arkansas, on behalf of the owners and adjacent owners of Lots 1 through 12
of Legacy Valley Phase I, to vacate and abandon the public utility easement along said
lots more particularly described as follows:
Description ofExistine 15.00 Foot Public Utility Easement
The West 15' of Lots 1 through 10 and the South 15' of Lots 10 through 12 of Legacy
Valley Phase I, to the City of Van Buren, Arkansas, Crawford County, Arkansas, as
recorded December 28, 2010 as Plat 2010 -27, Less and except the North 15' of the West
15' of said Lot 1 and the South 7.5' of the West 15' of said Lot 9 and the North 7.5' of
the West 15' of Lot 10 and the East 7.5' of the South 15' of said Lot 11 and the West 7.5'
of the South 15' of said Lot 12.
and,
WHEREAS, all of the property owners and adjacent property owners being affected by this public
utility easement abandonment have consented by signed petition; and
WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103 and
A.C.A. 14-301 -302, has the authority to vacate public utility easements or segments
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: A Public Hearing is set for December 19, 2011, at 7:00 P.M. in the Van Buren City
Council Room, 1003 Broadway, at which time said Petition shall be presented to the City
Council and the Council will determine at that time if such portion of said public utility
easement should be vacated and that all affected property owners and other persons
directly interested have consented to such vacating.
SECTION 21 The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication
once a week for two consecutive weeks in some newspaper published in Crawford
County advising the property owners and others affected, of said date and time the
Council will hear said Petition.
P8- -3VIT-NESS- WHEREO City-e kansas, by- its£-ky-Counerl- did -pass,
I
approve, and adopt, by a vote of Yi for and O against, the foregoing Resolution at its regular meeting
held on the 21" day of November, 2011.
Ro.ert D. Free 41
Mayor
ATTESTED: APPROVED AS 0 FORM:
■Aali!
elf, L Candice Attorney Seale
C City Attrney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE VAN
BUREN BOYS AND GIRLS CLUB BOARD OF DIRECTORS TO ASSIGN THE
FACILITY LEASE TO A FINANCIAL INSTITUTION. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said that the Boys
Girls Club received a grant to do an expansion on their facility. Alderman Swaim seconded by
Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore.
Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -7 -2011
CITY OF VAN BUREN, ARKANSAS
RESOEUTION`NO fl -z0r1
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE VAN BUREN BOYS
AND GIRLS CLUB BOARD OF' DIRECTORS TO ASSIGN
THE FACILITY LEASE TO A FINANCIAL INSTITUTION.
WHEREAS, the City of Van Buren has a lease with the Boys and Girls Club of Van Buren
for their building located in the Van Buren City Park; and
WHEREAS, the Boys and Girls Club have received grant funds for building improvements, but
are in need to borrow additional funds for the project; and
WHEREAS, in order to secure the additional funding, the financial institution requires
assignment of the lease, which in accordance with paragraph 13 of said lease
dated November 29, 2006, requires City Council approval.
NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, TIIAT:
SECTION l: The Boys and Girls Club Board of Directors is hereby authorized to assign the
lease agreement, Exhibit "A" attached hereto, to Citizen's Bank and Trust
Company to secure loan proceeds for said building improvements.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 6 for and 0 against, the foregoing Resolution at its
Regular Meeting held on the 21" day of November, 2011.
t,,,.,�- r..��
Robert D. Free
Mayor
ATTESTED: APPROVED AS TO FORbt:
1 vs�
B� 1pi 4& QJelf /If Candice A. Settle
Cit, Cam_ _reasiacer City Attorney
On the agenda next was to consider A RESOLUTION APPROVING A ONE
HUNDRED DOLLAR (S100.00) CHRISTMAS BONUS TO ALL FULL -TIME, NON-
ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE. The
Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
Mayor Freeman explained that because the 2012 Budget will not facilitate any employee raises
he felt there was a need to still do the Christmas bonus. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays
none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 11 -8 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLD PION ND. �9 —2BT
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN
BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING A ONE HUNDRED DOLLAR (5100.00)
CHRISTMAS BONUS TO ALL FULL TIME, NON- ELECTED CITY
EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE.
WHEREAS, the City of Van Buren, Arkansas has paid a Christmas
Bonus to its salaried employees in the past; and
WHEREAS, the City of Van Buren, Arkansas wishes to continue this
practice:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN, ARKANSAS, THAT:
SECTION l: All full -time, non elected city employees who have
one (I) full year of service, shall be paid a one hundred
dollar ($100.00) bonus for Christmas.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of it) for and 0 against, the foregoing Resolution
at its meeting held on the 21 day of November, 2011
_Ql t _;L
Robert D. Fre
Mayor
ATTESTED: •PPROVED AS FORM:
g
Cann Settle
Barbig -Gu3is �y`1 C1�� City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Dodd to appropriate the sum of $1,349,729.27 to pay expenses and
salaries for October 2011, presented by the Deputy City Clerk. The Council followed with a
unanimous vote.
y 11 -15 -2011 0 9 1 9 AM C I T Y O F 2.-
VAN N 3 0 R E N 9900: 1 i
TPIAL 9AV.NCE
•-^'T9 OF: OCTOBER 31ST, 2011
10 General Ind
MONTH TO DATE PEAR TO OATS
ACCT0 ACCOUNT WIPE DEBTS CREDITS DEBITS CREDIT0 S.
±10279
1000 Petty Cash 0.00 200.00 I.
1020 Cash in Bank 1,025.15 125,090.52 0 I.
1020.03 Cash In Bank- ASP•sswalmart Gra 1,000.00 1,000,00
1020.09 Veterans' Memorial-Apr 939 0.00 118,923.30 0 .l 4 i f
007'JI±
1020.05 2009 Byrne Recovery Giant 839.00 0.00
1020.06 2009 eyr Grant 0.00 120.00 2 0 6 5 1
3020.17 2007 Byrne Gran_ 0.00 0.00 207,633•416
1020.08 Cash in Sank- Storm Damage 0.00 0.00 2 6 p 07
1020.09 District Comp Grant Mediation 0.00 25.00 0 u 0 f 5
1020.10 Cash in Bank MCC 1.000.00 5,071.36 1
1020.11 Cash in Bank-2VBB ],752. s0 537,50 3 7 5 1 2 0 '7
1020.12 Emergency Management Fund 1,950.01
14,460.08 2 6 4 1 7 2 1.
1020.13 Cash In Bank -ACT 833 39,221.93 35,650.73 0 0 7
1020.14 Court Automation District 1,647.50 77,623.96 I s 3 4 9 7 2 27 A a 1
1020.15 Cash in Bank -ACT 1314 0.00 0.00 h
1020.16 Ax Dept of Rural Services 0.00 0.00 K
1020.11 New Police Dept 0.00 35,000.00 0 ,1
1020.18 Cash in Back PO Co Tax 3,732.95 56,193.57
t
1020.19 Cash in Bank FD Co Tax 90.382.98 97,732.61 ,1
1020.20 Cash In Bank Erosion Control 550.00 8,900.00
1020.27 Cash in Bank Levee 650.00 6,995.26
1020.28 Marina Repairs 0.00
0.00
12,095.00
1020.31 Cash in Bank Parks 6 Ree 38,257.62
1020.32 CIF -Parks t Recreation 0.00
1020.33 Cash In Bank-Yard Waste 5,159.29 63,013.11 if!
1;
1020.51 Cash in Sank Cemetery 150.6] 1,915.48
1020.91 Cash in 9±01 Cap Smp 40,577.19 110,713.93 1 1
1090 _eve stmena 235.15 1],239.90
251,196.99 l�
1090.10 investments sales Tax City 0.00 0.00 f,
1090.18 Investments PD Co Tax 0.00 0,00 i
i 3.00
1040.19 Investments FO Co Tax O.Oo
1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks s Rec 0.00 0.00
1040.51 Investments Cemetery 0.00 38,752.59
1040.01 Investmes Cap Imp 695.94 1,018,573.26 g
1050 Fixed A9 nt 0.00 0.00
1051 Accxmulaten Depreciation 0.00 0.00
1304 Due from Payroll 0.00 0.00
1505 Cue From Other Funds 0.00 0.00
1520 Due from Street Fund 2.68 5.12 i
1 1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
I
i 2000 Accounts Payable 0.00 0.00 I
2010 Municipal Health us Payable 0.00 0.00
1 2030 Colonial Life Payable 0.00 0 -00
I
I
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. Mayor Freeman
informed the council that the City of Van Buren was awarded the Volunteer Community of the
Year award again. This was Jennifer Froud's first year to complete the application process.
Mayor also had two items from the 2009 -2010 audit report that needed to be brought to the
council's attention. First, was the issue of take home vehicles that has already been addressed
and resolved. Second, was having in place an emergency plan. The City had one in place but it
did not meet all of their requirements. This is presently being worked on.
Mr. James Lawrence addressed the council regarding the mobile vending unit ordinance.
He went on record saying this puts a hardship on his business. City Attorney Candice Settle
offered to explain the implications of the ordinance and its applied fees after the council meeting
had been adjourned.
Mayor Freeman answered a question previously asked by Alderman Sagely regarding the
True -up meeting request from the City of Fort Smith directors. C.E. Dougan is preparing his
response to Mr. Gosack. Mayor Freeman will provide a copy of that response to the council but
sees no reason why the entire council would need to attend the meeting. Mayor Freeman will
supply Fort Smith Mayor Sandy Sanders with a copy of the response as well as an opportunity
for them to meet with C.E. Dougan and himself.
Alderman Parker asked how the AT &T franchise fee will compare after the fee rate is
changed from a flat rate to the 4.25 Mayor Freeman replied that there might be a 13 -14
thousand dollar difference in revenue. Possibly more if AT &T adds video service.
Alderman Parker also asked for a projected date on when Rena Road might be
completed. Wayne Sandusky with the Van Buren Street Department replied that construction
alone would take 200 -220 days to complete. Mayor Freeman added that along with utility
relocation we can hope that it will be completed by the end of 2012.
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 8:15 p.m.
ATTESTED: A VED:
fa
CITY CLERK TREASURER MAYOR