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11 November 2014 Regular 1 r MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING NOVEMBER 17, 2014 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, November 17, 2014 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 Parker, Blake, Moore, Ragsdale Dodd, and Sagely. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was declared. The invocation was given by Brian Seewald, Youth Pastor at Heritage Methodist Church. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on October 20, 2014. Alderman Parker made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call, the following Council members voted aye: Alderman Moore, Ragsdale, Dodd, Sagely, Parker and Blake. The following voted nay: none. On the agenda next was to consider A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00) 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. There was none. Alderman Ragsdale seconded by Alderman Blake moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Ragsdale, Dodd, Sagely, Parker and Blake.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 11-1-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. II - -2014 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($100.00) 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 1: All full-time,non-elected city employees who have one(1)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 for and O against,the foregoing Resolution at its regular meeting held on the 17th day of November 2014. AL:' Robert D. Mayor ATTESTED: 1 VED AS TO FORM: Qta4L;JL el/ ZLd 4kk.01 Barbie Curtis 46i ettle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF DCS RADIO COMMUNICATIONS, INC. FOR THE PURCHASE OF NEW MOTOROLA RADIOS AND EQUIPMENT, FURNITURE,AND RADIO TOWER FOR THE DISPATCH CENTER FOR THE NEW VAN BUREN POLICE DEPARTMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Police Chief Kenneth Bell stated that Alma Police Department and Crawford County Sheriff's Office have already done this, but he wanted to wait until we had the new police station built so that we only had to install it once. Alderman Ragsdale asked what furniture we were purchasing. Chief Bell replied that it was the computer consoles for all of their radio equipment. Alderman Dodd 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, Parker and Blake. 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 11-2-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - -2014 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 DCS RADIO COMMUNICATIONS, INC. FOR THE PURCHASE OF NEW MOTOROLA RADIOS AND EQUIPMENT, FURNITURE, AND RADIO TOWER FOR THE DISPATCH CENTER FOR THE NEW VAN BUREN POLICE DEPARTMENT. WHEREAS, the City of Van Buren has advertised for bids for the purchase of the above new radio equipment,furniture,and tower for the dispatch center for the new Police Department; and WHEREAS, bids have been received and opened in accordance with Arkansas Law and DCS Radio Communications,Inc.was the lowest bidder meeting the bid specifications;and WHEREAS, the City of Van Buren has determined that the bid of DCS Radio Communications,Inc. in the amount of$72,498.87 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$72,498.87 which includes installation and applicable sales tax as submitted by DCS Radio Communications,Inc. for said Motorola Radio Equipment,furniture,and tower as set forth in'Exhibit A" attached hereto. 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 County Sales Tax—PD relating to the purchase 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 (p for and against,the foregoing Resolution at its regular meeting held on the 17`h day of November 2014. Ro ert D.Freem Mayor ATTESTED: APPROVED AS TO FORM: Barbie Curtis . .iced.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL, INC. FOR ASPHALT FOR THE OVERLAY OF STREETS AND STREET DEPARTMENT PARKING LOT 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. There was none. Alderman Parker 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, Parker and Blake. 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 11-3-2014 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO: 1\. - 3 -2014 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING PAYMENT TO APAC CENTRAL,INC.FOR ASPHALT FOR 1HE OVERLAY OF STREETS AND STREET DEPARTMENT PARKING LOT WITHIN THE CITY OF VAN BUREN, ARKANSAS AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren desires to continue with a program of street repairs and improvements and as a part of that program the Street Department overlaid portions of South 28th Street,the street department parking lot and various other interior streets within the City of Van Buren; and WHEREAS, the Van Buren City Council approved funds in the 2014 budget for street repairs and in-house projects;and WHEREAS, ARK.CODE ANN.§14-58-104 waives the requirements for competitive bidding for asphalt;and WHEREAS, the City of Van Buren purchased asphalt from MAC Central,Inc.in the amount of$111,760.27 for said projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS: SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all invoices to MAC Central,Inc.from capital improvements funds relating to these overlays 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 le fu,and () against,the foregoing Resolution at its regular meeting held on the 17th day of November 2014 4 . ...1111.1k I , _ , Robert D.Free;I.:- — '41/4. Mayor ATTESTED: etailigib ' 'ROVED AS TO FORM: 4&/44--(- dellt.74-.Z Barbie Curtis Cane ice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE PROVIDING MINIMUM ENERGY STANDARDS FOR THE DESIGN OF NEW BUILDINGS AND STRUCTURES OR PORTIONS AND ADDITIONS TO EXISTING BUILDINGS THAT PROVIDE FACILITIES OR SHELTER FOR PUBLIC ASSEMBLY,EDUCATION,BUSINESS, MERCANTILE,INSTITUTIONAL, STORAGE, AND RESIDENTIAL OCCUPANCIES, AS WELL AS THOSE PORTIONS OF FACTORY AND INDUSTRIAL OCCUPANCIES DESIGNED PRIMARILY FOR HUMAN OCCUPANCY BY REGULATING THEIR EXTERIOR ENVELOPES AND THE SELECTION OF THEIR HVAC, SERVICE WATER HEATING,ELECTRICAL DISTRIBUTION AND ILLUMINATING SYSTEMS AND EQUIPMENT FOR EFFECTIVE USE OF ENERGY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Sagely moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Parker 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 stated that this is the first complete energy code adopted by the State of Arkansas and it will go into effect January 1, 2015. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Ragsdale and seconded by Alderman Blake to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore, Ragsdale, Dodd, Sagely, Parker and Blake.Nays—none. 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 Ragsdale and seconded by Alderman Sagely, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Moore, Ragsdale, Dodd, Sagely, Parker and Blake. 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 17-2014 CITY OF VAN BUREN,ARKANSAS SECTION 1:There is hereby adopted by the City SECTION 3:All Ordinances or parts of ordinances ORDINANCE NO.17-2014 Council of the City of Van Buren, Arkansas, for in conflict herewith are repealed to the extent of BE IT ENACTED BY THE CITY COUNCIL,FOR THE the purpose of establishing"rules and regulations the conflict. The various provisions and parts of CITY OF VAN BUREN; ARKANSAS, AN ORDI- for energy efficient standards for new building this Ordinance are hereby declared to be NANCE TO BE ENTITLED: construction,this code known as the 2014 Arkan- severable,and,if any section or part of a section, AN ORDINANCE PROVIDING MINIMUM ENERGY sas Energy Code,being particularly the 2014 Ar- or any provision or part of a provision herein, is STANDARDS FOR THE DESIGN'OF NEW BUILD- kansas Energy Code edition thereof and the declared to be unconstitutional, inappropriate, or INGS AND STRUCTURES OR IrORTIONS AND ADDI- whole thereof, save and except such portions as invalid by any court of competent jurisdiction, TIONS TO.EXISTING BUILDINGS THAT PROVIDE are hereinafter deleted,modified,or amended,of such holding shall not invalidate or affect the re- FACILITIES OR SHELTER FOR PUBLIC ASSEMBLY,` which not less than one (1)1 copy of this ordi- mainder of this Ordinance and to that extent the EDUCATION, BUSINESS, MERCANTILE, INSTITU- nance,as well as,one(1).-copy of the 2014 Arkan- provisions hereto are declared to be severable. TIONAL,STORAGE,AND RESIDENTIAL OCCUPAN- sas Energy Code,will be on file in the office of the SECTION 4:It is of the utmost urgency that the CIES,AS WELL AS THOSE PORTIONS OF FACTO- Clerk or Recorder of the City of Van Buren,Arkan- City of Van Buren,Arkansas has an up-to-date En- RY AND INDUSTRIAL OCCUPANCIES DESIGNED sas. ergy Code to protect its citizens. Therefore, an PRIMARILY FOR HUMAN OCCUPANCY BY REGU- SECTION 2:The same is hereby adopted and in- emergency is declared to exist and this Ordi- LATING THEIR EXTERIOR ENVELOPES AND THE corporated as fully as if set out at length herein, nance, being necessary for the preservation of SELECTION OF THEIR HVAC, SERVICE WATER and from the date on which this code shall take the public peace, health and safety, shall be in HEATING,ELECTRICAL DISTRIBUTION AND ILLU- effect,the provisions thereof shall be controlling full force and take effect immediately upon and MINATING SYSTEMS AND EQUIPMENT FOR EF- in the construction of all buildings and structures after its passage. FECTIVE USE OF ENERGY;DECLARING AN EMER- therein contained within the corporate limits of IN WITNESS WHEREOF,the City of Van Buren,Ar- GENCY;AND FOR OTHER PURPOSES. the City of Van Buren,Arkansas. kansas,by its City Council,did pass,approve,and WHEREAS,it has been determined by the City adopt,by a vote of 6 for and 0 against,the forego- Council that there is an immediate need for adop- ing Ordinance at its regular meeting held on the tion of the 2014 Arkansas Energy Code,which pro- 17th of November 2014. vides minimum energy standards for the design Robert D.Freeman,Mayor of new buildings and structures and additions to Attested:Barbie Curtis,City Clerk/Treasurer existing buildings;and Approved As To Form:Candice A.Settle,City At- WHEREAS,notice of a Public Hearing was duly torney published and a Public Hearing was conducted by Published in the November 22,2013 issue of the the Van Buren Planning Commission;and Press Argus-Courier. WHEREAS,the proposed adoption was recom- mended by majority vote of the entire Planning Commission. NOW,THEREFORE,BE IT ORDAINED AND ENACT- ED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN.ARKANSAS,THAT: On the agenda next was to consider AN ORDINANCE ADOPTING THE REVISED 2014 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Blake. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Parker 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 explained that this has already been adopted by the State of Arkansas and is currently in effect. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Ragsdale 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, Parker and Blake.Nays—none. 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 Ragsdale and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Moore, Ragsdale, Dodd, Sagely, Parker and Blake. 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 18-2014 CITY OF VAN BUREN,ARKANSAS ORDINANCENO.18-2014 SECTION 2All Ordinances or parts of ordinances BE IT ENACTED BY THE CITY COUNCIL,FOR THE in conflict herewith are repealed to the extent of CITY OF VAN BUREN, ARKANSAS, AN ORDI- the conflict. The various provisions and parts of NANCE TO BE ENTITLED:: this Ordinance are hereby declared to be AN ORDINANCE ADOPTING THE REVISED 2014 severable,and,if any section or part of a section, NATIONAL` ELECTRICAL CODE WITH LOCAL or any provision or part of a provision herein,is AMENDMENTS;;DECLARING AN EMERGENCY; declared to be unconstitutional, inappropriate, or AND FOR OTHER PURPOSES. invalid by any court of competent jurisdiction, WHEREAS,the City Council adopted the 2011 ver- such holding shall not invalidate.or affect the re- sion of the National Electrical Code with Local mainder of this Ordinance and to that extent the Amendments pursuant to Ordinance No.14-2011; provisions hereto are declared to be severable. and SECTION 3:It is of the utmost urgency that the WHEREAS,a more current edition is available that City of Van Buren,Arkansas has an up-to-date would better serve the needs of the City of Van Electrical Code to protect its citizens. Therefore, Buren;and an emergency is declared to exist and this Ordi- WHEREAS,notice of a Public Hearing was duly nance, being necessary for the preservation of published, and a Public Hearing was conducted the public peace, health and safety, shall be in by the Van Buren Planning Commission to consid- full force and take effect immediately upon and er these proposed amendments;andafter its passage. WHEREAS,the proposed changes herein were rec- IN WITNESS WHEREOF,the City of Van Buren,Ar- ommended by a majority vote of the entire Plan- kansas,by its City Council,did pass,approve,and ping Commission. adopt,by a vote of 6 for and 0 against,the forego- NOW,THEREFORE,BE IT ORDAINED AND ENACT- ing Ordinance at its regular meeting held on the ED BY THE CITY COUNCIL OF THE CITY OF VAN 17th day of November 2014. BUREN,ARKANSAS,THAT: Robert D.Freeman,Mayor SECTION 1:There is hereby adopted by reference Attested:Barbie Curtis,City Clerk/Treasurer the 2014 National Electrical Code with local Approved As To Form:Candice A.Settle,City At- amendments. One(1)copy of the referenced reg- torney ulatory code,together with local amendments, is Published in the November 22,2014 issue of the now on file-in the office of-the-Van Buren City Press Argus-Courier. Clerk and the same are hereby adopted by refer- ence and incorporated as if set out word for word herein. Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale to appropriate the sum of$ 1,233,148.10 to pay expenses and salaries for October 2014,presented by the City Clerk. The Council followed with a unanimous vote. . PAGE: 1 11-12-2014 04:45 PM UREN TRIAL BALD" AS OF: OCTOBER 31ST, 2014 10 -General Fund ***MONTH TO DATE *** *** YEAR TO DATE *** ACCTA ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 50,568.86 230,055.29 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.•24 0''!' 1020.04 Veterans' Memorial-Act 934 2,682.75 10,298.16 1020.05 2009 Byrne Recovery Grant 4,300.00 0.00 L 9t '7 ? 'l_6r 1020.06 2009 Byrne Grant 0.00 0.00 i =7 iS:r.33'•" 1020.07 2007 Byrne Grant 0.00 0.00 1020.08 Cash in Bank- Storm Damage 0.00 ' 0.00 7 2[i 1020.09 District Cout Grant-Mediation 0.00 25.00 21E1.99+ 1020.10 Cash in Bank - HDC 0.00 2,482.05 i 6,66.3.::7÷ 3,500.00 1020.11 Cash in Bank-I(VBB 0.009 ,592•37+ 1020.12 Emergency Management Fund 0.00 0.00 06 1020.13 Cash In Bank-ACT 833 22,441.59 146,691.74 1020.14 Court Automation-District 928.51 81,595.81 j ,2 3;J, ` !y-,:.• ,i;<: 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 4,329.38 4,263.81 1020.18 Cash in Bank - PD Co Tax 20,977.81 234,346.72 1020.19 Cash in Bank - FD Co Tax 24,440.72 163,782.87 , 1020.20 Cash In Bank-Erosion Control 125.00 15,475.00 1020.21 Cash in Bank-CPAcademy 0.00 291.15 - 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1020.27 Cash in Bank - Levee 0.00 9,895.26 1020.28 Marina Repairs 0.00 10,495.60 1020.29 Property Maintenance-Scrap 0.00 63.25 1020.30 Field of Dreams-Equipment 0.00 1,198.34 1020.31 Cash in Bank - Parks & Rec 113.04 374.96 1020.32 GIF 2,682,75 6,754.90 1020.33 Cash in Bank-Yard Waste 6,014.75 226,163.40 1020.51 Cash in Bank -Cemetery 534.12 3,502.44 1020.91 Cash in Bank - Cap Imp 58,290.73 908,877.05 1040 Investments 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments -Levee 0.00 0.00 1040.31 Investments - Parks 6 Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 j 1040.91 Investments - Cap Imp 153.71 374,189.17 I 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.41 0.07 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE Next Police, Fire, Building Inspector, Public Works/Planning, 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. Mandy Webb, nurse for the Area Agency on Aging,presented the current balance. Mayor Freeman asked how people get connected to the Area Agency on Aging. Ms. Webb replied that most of the time they are patients that they service and the attending nurse will see a need and apply for the assistance. She also said that they come through Senior Centers and doctor's offices, and in those instances they do a drive by with the individual to assess their needs. There being no further business, motion was made by Alderman Parker and seconded by Alderman Blake to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:30 p.m. AT ESTED: A OVED: CITY CLERK-TREASURER MAYOR