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07 July 2001 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD JULY 16, 2001 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, July 16, 2001, at City Hall. The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following members answered as their names were called: Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. City Clerk Barbie Curtis and City Attorney Candice Settle were also present. This made a total of nine (9)present. A quorum was declared. The Invocation was given by Reverend Wesley Hilliard pastor of Herritage United Methodist Church. Next the Mayor led the Pledge of Allegiance. Next Mayor Riggs gave Alderman Bill Taylor a plaque for his dedicated service with the City of Van Buren's Planning Commission. The Mayor said Alderman Taylor attended many meetings at the Municipal League and was involved in a lot of areas of the City of Van Buren. Mayor Riggs said the City appreciated all his concern and support for the City of Van Buren. Alderman Taylor said he thanked everyone. Next Mayor Riggs asked to adopt the minutes of the Council Meeting on June 18, 2001 as printed. Alderman Swaim seconded by Alderman Parker made a motion to approve the minutes of the regular Council Meeting June 18, 2001 as printed. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. The following voted nay: none. On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS. The Clerk read the Resolution in its entirety. The Mayor asked Chief Bell if the 1993 Crown Vic was in better condition than the one that Building Inspector Teny Wells drives. Chief Bell said mechanically it was, but there was a gas smell they were not able to get out. The Mayor asked Alderman Pitchford for his expert advise on the matter, and Alderman Pitchford said he would rather have a vehicle that used oil than one that smelled like gas. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted after the correction of the word advertise. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. And the following voted nay; 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 7-1-2001 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. "L- I -2001 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF CERTAIN FIXED ASSETS. WHEREAS, The City of Van Buren has items which are beyond repair and are no longer needed by the City; and iWHEREAS, After an inventory of Fixed Assets, it is recommended by our State Auditors that these items be removed from our Inventory: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The Mayor is hereby authorized to advertise by sealed bids the following assets and is authorized to remove same from the Fixed Asset Inventory. SERIAL CONTROL DEPARTMENT AMOUNT DESCRIPTION NUMBER NUMBER Street Dept. $ 745.00 Midland Radio 43005982 ST-59 Street Dept. 586.00 Midland Radio 13001332 ST-97 Police Dept. $12,124:00 1993 Ford Crown Vic PX180807 PD-190 TOTAL $13,449.00 PASSED AND APPROVED TliIS IVk DAY OF , 2001 1 rn MAYOR ATTESTED: c. . CI CLERK-TREASURER On the agenda next was to consider a RESOLUTION ADOPTING THE REVISED POLICY MANUAL AND REPEALING THE EXISTING POLICY MANUAL. The Clerk read the Resolution in its entirety. Alderman Taylor asked about random drug testing. He said maybe the City Council could study the random drug testing and add at a later date. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted as corrected. The question was_put by Ricrac on the adoption Mayor - d p__on of the motion and the roil being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. And the following voted nay; 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 7-2-2001 CITY OF VAN BUREN,ARKANSAS 7 RESOLUTION NO. -oZ -2001 A RESOLUTION ADOPTING THE REVISED POLICY MANUAL AND REPEALING THE EXISTING POLICY MANUAL. WHEREAS, It is necessary to update and revise the existing policy manual for the City of Van Buren to conform to changes in the law and policy; WHEREAS, A copy of the revised policy manual is attached hereto and all employees shall receive a copy of the revised policy manual; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the revised Employee Policy Manual for the City of Van Buren attached hereto is hereby adopted and the existing Policy Manual is hereby repealed. All current employees shall receive a copy of the new policy manual. PASSED AND APPROVED THIS 1(p DAY OF JULY,2001. MAYOR JOIPV R: 9GS ATTESTED: 71' 44tUtILLI/ CITY CLERK/TREASURER 1' On theenda next was to consider a RESOLUTION UTION APPROVING FINAL PLAT FOR PURSELL'S CORNER ADDITION IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Alderman Taylor seconded by Alderman Swaim moved that the Resolution be adopted as corrected. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. And the following voted nay; 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 7-3-2001 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. -2001 A RESOLUTION APPROVING FINAL PLAT FOR PURSELL'S CORNER ADDITION IN THE CITY OF VAN BUREN, ARKANSAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT subject to the assurances provided in the Sub- Division Regulations being executed to assure that all improvements are put in, Pursell's Corner Addition, is approved. SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan and the City Clerk is authorized and directed to attest same upon the filing of the assurities mentioned above. PASSED AND APPROVED THIS 16TH DAY OF JULY , 2001 OR ATTESTED: • CITY CLEI,K-TREASURER c), the agenda next was to consider a RESOLUTION AUTHORIZING PAYMENT OF JUDGMENT IN THE CASE OF THE CITY OF VAN BUREN, ARKANSAS VS. CURTIS SMITH. The Clerk read the Resolution in its entirety. Alderman Taylor asked about the amount they were to pay. Alderman Swaim said the Court sets the amount that the City pays. Alderman Swaim said the court takes the amount that the employee would have made from the City and subtracts the amount they have made during that time from another job. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted as corrected. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. And the following voted nay; 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 7-4-2001 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 14 -2001 A RESOLUTION AUTHORIZING PAYMENT OF JUDGMENT IN THE CASE OF THE CITY OF VAN BUREN,ARKANSAS VS.CURTIS SMITH. WHEREAS, That the City of Van Buren terminated Curtis Smith on January 29, 1999, and Curtis Smith appealed that decision to the Civil Service Commission, and the Commission upheld the termination; WHEREAS, That Curtis Smith appealed the decision of the Commission to the Circuit Court, and the Court found that Curtis Smith was improperly terminated, ordering that Curtis Smith be reinstated and that the City of Van Buren pay him costs and back wages; WHEREAS, That the City of Van Buren appealed the decision of the Circuit Court to the Arkansas Supreme Court, and the Supreme Court upheld the decision of the Circuit Court; WHEREAS, That pursuant to the Judgment entered against the City, the City of Van Buren is indebted to Curtis Smith in the amount of$16,222.13, consisting of back wages and costs, plus post judgment interest at 6%, $1,058.40, for a total of$17,280.53; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That the Clerk of the City of Van Buren is hereby directed to pay to the order of Curtis Smith the sum of$17,280.53. PASSED AND APPROVED THIS iu DAY OF JULY,2001. IP 0 MAYOR NRI: S %.16 ATTESTED: AA e C, l.w CITY CLERK/TREASURER On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF GOODWIN& GOODWIN FOR GRADING AND ASPHALT WORK AT THE FIELD OF DREAMS SPORTS FACITLITY. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Moore moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Swaim, Parker, Moore, Taylor and Pitchford. And the following voted nay; Alderman Barker. 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 7-5-2001 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. I-5 -2001 A RESOLUTION ACCEPTING THE BID OF GOODWIN & GOODWIN FOR GRADING AND ASPHALT WORK AT THE FIELD OF DREAMS SPORTS FACILITY. WHEREAS, The Mayor has advertised for bids for grading and asphalt work at the Field of Dreams Sports Facility; and WHEREAS, Bids have been received and opened as required by law; and WHEREAS, The Council feels that the bid of $ 98,650.00 of GOODWIN & GOODWIN is the best bid: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The bid of $ 98.650.00 of GOODWIN & GOODWIN is accepted. THAT, 1The Mayor is authorized and directed to enter into a Contract with the successful bidder the grading and asphalt work at the Field of Dreams at the above named bid price. PASSED AND APPROVED THIS 16TH DAY OF JULY , 2001 mc,-.,,, 2-- (� AYOR� ATTESTED: LL _ ettA., ..; CITY CLERK-TREASURER Next on the agenda wac a recommendation from the Board and Commissions. The Municipal Auditorium Commission recommended Anita Gibson to fill the un-expired term of Joy Ross who sold her business in downtown Historic Van Buren. Alderman Parker seconded by Alderman Taylor made a motion to accept the recommendation. The Council Members followed with a unanimous vote. Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by Alderman Taylor to appropriate the sum of$845,102.83 to pay expenses and salaries for June 2001, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. u.. a - 70, 6 vj+ CityOf Van Buren For the period June 1 rtr _ X0, 181 . 33+ 2001 to June 30, 2001 P ks*ge, 33 >i95 67+ Treasurer's Report L',brar - 9,428 . 40+ *1,0i - 1 ,002.64+ Year To Date Current Month Year To Date oos Last Month Amount This Month 845 . 102.83 '+ GENERAL FUND Receipts Beginning Balance $595,729.52 $.00 $595,729.52 Retained Clearing Acct. - Ge ($2,352.82) $.00 ($2,352.82) State General Turnback $121,085.52 $24,534.84 $145,620.36 Property Tax (City General) $13,367.02 $.00 $13,367.02 Sales Tax Proceeds $1,089,880.48 $227,283.40 $1,317,163.88 New County Sales Tax Proceed $601,267.70 $125,855.44 $727,123.14 Franchise Tax $368,899.06 $66,810.18 $435,709.24 Privilege Licenses $102,108.00 $587.50 $102,695.50 Court Fines $167,863.94 $36,827.75 $204,691.69 Inspection Fees $44,216.35 $8,910.56 $53,126.91 Pet Licenses $662.00 $15.00 $677.00 Civil Small Claims $3,669.69 $657.00 $4,326.69 Misc. General Fund $18,757.30 $1,618.55 $20,375.85 Interest $2,188.93 $285.29 $2,474.22 Administrative Justice Fund $290,660.80 $67,018.63 $357,679.43 Reimb. Co. Share Mun. Ct. $30,023.66 $3,071.53 $33,095.19 Garage Sales $2,160.00 $1,250.00 $3,410.00 Property Clean Up $32,038.18 $6,067.87 $38,106.05 Cobra Insurance Payment $8,029.34 $2,104.46 $10,133.80 Police Grants $51,666.99 $4,500.80 $56,167.79 Child Protection Fund $308.74 $97.50 $406.24 Miscellaneous Revenue-P.D. $3,964.60 $200.00 $4,164.60 Insurance Reimbursement-P.D. $28,392.95 $1,415.00 $29,807.95 Juvenile Transport $8,185.00 $2,572.00 $10,757.00 Miscellaneous Revenue-F.D. $232.07 $.00 $232.07 Act 833 Money $10,689.33 $9,807.78 $20,497.11 UNCLAIMED LIABILITIES ACCOUNT $133.50 $.00 $133.50 Total Receipts $3,593,827.85 $591,491.08 $4,185,318.93 Disbursements Salaries - Admin. $146,128.94 $32,694.46 $178,823.40 Other - Admin. $61,284.86 $10,330.16 $71,615.02 Engineer Supplies & Expenses $4,249.99 $1,608.99 $5,858.98 Engineer Survey Supplies $303.84 $.00 $303.84 Engineer Vehicle(Gas, Maint) $.00 $485.39 $485.39 Engineering Services $39,174.99 $8,836.85 $48,011.84 Accounting Consult Fees-FEMA $5,547.92 $29.72 $5,577.64 New County Sales Tax Transfer $565,735.19 $18,757.58 $584,492.77 Riverfront Property Purchase $17,375.20 $13,306.62 $30,681.82 Capital Imp. Fund $100,000.00 $20,000.00 $120,000.00 Vision 2010 Expenditures $433.82 $625.00 $1,058.82 REGIONAL INTERMODAL FACILITY $30,000.00 $30,000.00 $60,000.00 City Park Slide Area $350.00 $.00 $350.00 Fixed Assets General $1,172.53 $1,107.20 $2,279.73 I Next Police, Fire, Fire Marshall, Building Inspector, Municipal Court and Engineer's Reports were presented for filing. Next was any item from any citizen present. There was none. Next was time for Miscellaneous and General Discussion. Mayor Riggs said had a couple of things to discuss. He said that the City was in the middle of phase five (5) engineering project on 10th street and looking at three(3)weeks before they would advertise. He said there is a lot of drainage work to do. The Mayor said he had talked with Ronnie Hawkins engineer with Hawkins-Weir to see what might be done. The Mayor asked if the Council would like to break up the project and get the job done a little faster or keep it in one package. The Council agreed to leave phase five(5)as is. Next the Mayor talked about the Tennis Court on 20th street and asked the Council if he came up with an idea that would go through the legal system, that he may pursue it. The Mayor said they could lease it to the school system or sell the property. Alderman Swaim suggested they lease the land to the school for a long period of time and the school would be responsible for paving the lot for parking for the school. Next the Mayor talked about the annual citywide yard sale on August ninth(9)through the eleventh(11), 2001. He said it was going to be a promotional thing. Anita Gibson said that it was an advertised national event and would bring a lot of people to this area, also a lot of revenue. She asked if the City could wave the yard sale permits for that weekend. l The Council agreed that the waving of the yard sale permits would be fine. Then Mayor Riggs said they would all be out the Field of Dreams the week of July twenty-seventh(27)through the thirty-first(31)for the Regional Tournament. The Mayor encouraged everyone to come out and visit. He said Alan Swaim is working hard to get everything in order. Barbie Curtis City Clerk-Treasurer said they were having a host parent meeting Thursday night at 6:00 p.m. at the High School Gym. There being no further business motion was made by Alderman Taylor and seconded by Alderman Swaim to adjourn. The City Council members followed with a unanimous vote. The meeting adjourned at 7:30 p.m. APPROVED: n )1"2- MAYO ATTESTED: et07 CITY CLERK-TREASURER