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07 July 2005 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD JULY 18, 2005 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, July 18, 2005 at City Hall. The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Dodd, Spoon and Sagely. City Clerk Barbie Curtis was also present. This made a total of eight(8)present. A quorum was declared. The Invocation was given by Lonnie Meyers, Assistant Superintendent of Van Buren School District. Next Mayor Riggs led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on June 20, 2005 and the Special called meeting on June 22, 2005. Alderman Swaim made a motion to approve the minutes. Alderman Spoon seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Sagely. The following voted nay: none. On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING ON SEWER RATE ORDINANCE. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Spoon 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, Dodd, Spoon and Sagely. 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 7-1-2005 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. `1 - ( -2005 A RESOLUTION SETTING A PUBLIC HEARING ON SEWER RATE ORDINANCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: Section 1: That a Public Hearing is hereby set for August 15, 2005, before the Van Buren City Council at its regular monthly meeting for the purpose of taking public comments regarding the proposed Ordinance for an amendment to the City's Sewer System Rates. PASSED AND APPROVED THIS 18TH DAY OF JULY, 2005. APPROVED: John Riggs, MAYOR' ATTEST: t6letA AUL Barbie Curtis, CITY CLERK On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF OLIVER SPRINGS HEIGHTS, PHASE IV, IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. 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, Dodd, Spoon and Sagely. 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 7-2-2005 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I - a -2005 A RESOLUTION APPROVING FINAL PLAT OF OLIVER SPRINGS HEIGHTS, PHASE IV,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 and that all requirements of the Planning Commission are met, Oliver Springs Heights, Phase IV, in the City of Van Buren, Arkansas,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. p PASSED AND APPROVED THIS I 0 DAY OF JULY,2005. 5 •• MAYOR4OIIN RI e'�! ATTESTED:(14e0.)--(412--,‘ CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AMENDING THE POLICY MANUAL FOR CITY OF VAN BUREN EMPLOYEES. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd 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, Dodd, Spoon and Sagely. 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 7-3-2005 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 7 -3 -2005 A RESOLUTION AMENDING THE POLICY MANUAL FOR CITY OF VAN BUREN EMPLOYEES. WHEREAS, The current policy manual for city employees provides that employees are entitled to payment for accumulated sick leave upon retirement, termination or death who have accumulated sick leave up to a maximum of ninety(90)days;and WHEREAS, The Council feels it is inappropriate and not in the best interests of the citizens of Van Buren for terminated employees to recover payment for accumulated sick leave and desires to revise the manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: That the sick leave policy for "Other Employees" as set out in Section II, General Employee Benefits, of the Employee Policy Manual for the City of Van Buren is hereby revised to remove the word termination from the last sentence in Paragraph 2 and add the following sentence: "Employees will not be paid for accrued sick days upon termination of employment with the city." SECTION 2: All current employees shall receive a copy of the revised policy. PASSED AND APPROVED THIS 1 o DAY OF JULY,2005. MAYO JOHN GGS • ATTESTED: 16,01,?).-GUL" CITY CLERK)TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF A FIXED ASSET BY AUCTION. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker 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, Dodd, Spoon and Sagely. 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 7-4-2005 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 1-11 -2005 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF A FIXED ASSET BY AUCTION. WHEREAS, The City of Van Buren has an asset which is beyond repair and is no longer needed by the City;and WHEREAS, After an inventory of Fixed Assets, it is recommended by our State Auditor that these items be removed from our Fixed Asset Inventory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the Mayor is hereby authorized to remove the following asset from the Fixed Asset Inventory and dispose of same by auction: Department Amount Description Control# Police Department $5,433.28 Mita 4086 Copy Machine PD-547 Serial#007058H PASS)T)AND APPROVED THIS �0 DAY OF JULY,2005. MAYO JOHN '4rel ATTESTED: `!daitcQ 6.(A-721, CITY CLERK/TREASURER On the agenda next was to consider an ORDINANCE AMENDING ORDINANCE NO. 5-2005, DECLARING AN EMERGENCY, AND FOR OTHER MATTERS. 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 Spoon. On the Clerk's calling the roll, the following vote resulted: Ayes— Alderman Swaim, Parker, Moore, Dodd, Spoon and Sagely. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. The Ordinance was read 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. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd, Spoon and Sagely. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Ordinance 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, Dodd, Spoon and Sagely. And the following voted nay: none. Motion was made by Alderman Moore and seconded by Alderman Swaim that the emergency clause be adopted. On the Clerk's calling of the roll the following vote resulted: Ayes: Alderman Swaim, Parker, Moore, Dodd, Spoon and Sagely. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4) votes being necessary for passage. The Mayor thereupon declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 14-2005 I CITY OF VAN BUREN,AR- KANSAS ORDINANCE NO.14-2005 AN ORDINANCE AMEND- ING ORDINANCE NO. S- 2005, DECLARING AN EMERGENCY, AND FOR OTHER MATTERS. WHEREAS, The Council' previously approved the upgrade of ten air-packs and the purchase of elev- en new air-packs for the Fire Department pursuant to Ordinance No. 5-2005 for a total price of $64,543.20;and WHEREAS, The seller failed to include sales tax in the purchase price; WHEREAS, The sales tax the City is required to pay for said purchase is $3,969.30, for a total pur- chase price of$68,512.50; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF VAN BUTEN,Anna- SECTION 1: That Ordi- nance No.5-2005 is hereby amended to authorize the additional payment of $3,969.30 for sales tax.The rest of the Ordinance re- mains as enacted. SECTION 2: Because the City of Van Buren Is re- quired to pay sales tax to the State of Arkansas on or before July 20, 2005, this Ordinance is declared necessary for the public peace, health, safety and welfare, and an emergen- cy is declared to exist. Therefore, this ordinance shall be in full force and effect from after the date of the passage. PASSED AND APPROVED THL4 18TH DAY OF JULY,. MAYOR JOHN RIGGS AAAI7�yC ATTESTED: PubIEtERlishedKIT �IEA,n the July 23, 2005 issue of the Press Ar- gus-Courier. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Aldernman Sagely to appropriate the sum of $1, 436,575.71 to pay expenses and salaries for June 2005, presented by the City Clerk Treasurer. The Council followed with a unanimous vote. 7-07-2005 09:29 AM CITY O F VAN BUREN PAGE: 1 TRIAL BALANCE AS OF: JUNE 30TH, 2005 10 -General Fund *** MONTH TO DATE *** *** YEAR TO DATE *** ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 11,029.41 105,842.27 1020.10 Cash in Bank - Sales Tax City 0.00 0.00 0 1020.18 Cash in Sank - PD Co Tax 18,940.72 8,983.09 1020.19 Cash in Bank - FD Co Tax 60,041.61 75,137.42 400.00 975.00 1 U ^ , O i I J 1020.20 Cash In Bank-Erosion Control � .. 1020.27 Cash in Bank - Levee 0.00 1,894.17 1 , U l: " 4 i ' 19,126.52 1020.31 Cash in Bank - Parks & Rec 1,596.50 9 _• % '+ Li. -'� V % ) , 5,797.76 1020.51 Cash in Bank - Cemetery 748.801 , ,,� 187,882.46 1020.91 Cash in Bank - Cap Imp 78,013.473 * I J 2 - 4 j + 0.00 0.00 1040 Investments �0.00 J..- , 3 h 6 "' 1 _ 1040.10 Investments - Sales Tax City 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1 ,, i i = : '- 0.00 1040.19 investments - FD Co Tax 0.00 0.00 (,I O 7 1040.27 Investments - Levee 0.001 4 % J ; ' , / I 1040.31 Investments - Parks & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 48,549.86 1040.91 Investments - Cap Imp 0.00 914,204.49 1040.92 Capital Improvement CD 0.00 0.00 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 0.00 0.00 1504 Due from Payroll 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 2000 Accounts Payable 87,423.87 87,423.87 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union-First Resource 0.00 0.00 2040 LOPFI Payable 0.00 0.00 2050 National Foundation Life Ins. 0.00 35.28 2080 Conseco Payable 0.00 0.00 2090 New York Life Ins. Payable 0.00 0.00 2100 Life Ins. of Georgia Payable 0.00 0.00 2130 Garnishments Payable 0.00 0.00 2135 R. Allen Trust #502355610 0.00 0.00 2140 United Way Payable 0.00 0.00 2150 Parks & Rec. F.O.D. 5.00 205.00 2160 Pre-Paid Legal Services 0.00 0.00 2170 F.O.P. 0.00 0.00 2175 Van Buren Fire Fighters Union 0.00 0.00 2176 Van Buren Firemen Contribution 0.00 0.00 2177 Police Officers Union 0.00 0.00 2200 Wage Payable 0.00 0.00 Next was time for recommendations from Boards and Commissions. The Van Buren Public Library Board recommended the reappointment of Madeline Marquette to the Library Board. Alderman Swaim seconded by Alderman Dodd made a motion to accept their recommendation. Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. Alderman Parker asked where the disaster drill was going to be located. Stanley Clark said it probably will be in Industrial Park area and he said it should be very interesting. He said it would be sometime between 2:00 p.m. and 4:00 p.m. on Tuesday. Next Mayor Riggs said he would be going to China on August 8, 2005. He said they would need someone to stick around to sign plats and Ordinances and other things and preside over the August Council Meeting. The Mayor said he had asked Alderman Swaim if he would be interested in being the President Pro-Temp. Alderman Swaim had agreed to be there for the Mayor. Alderman Parker seconded by Alderman Moore made a motion to have Alderman Swaim take care of the Mayor's duties while he was gone. The Council followed with a unanimous. Mayor Riggs said thank you Mayor Bill. Alderman Swain said thank you to his fellow Council members. Mayor Riggs said he would like to update the Council on the Library and sales tax. The Mayor said he took full credit for the excess sales tax partial sales vote. He said two things hindered him and that was his own philosophy was kids keep it short and simple. He said the ballot was too complicated. He said he thought that hindered a lot of voters. He said another thing was if the election had taken place in the school year there would have been two (2) or three (3)hundred more votes. He said they live and learn. The Mayor said on the good side they will be getting a new Library and will probably start on that around October 1, 2005. The Mayor said it would be a bond issue and probably be before the Council in September to approve. Alderman Parker said they had received in the mail a petition from the Main Street Merchants concerning the two (2)hour parking signs. The Mayor said they are going ahead and mandate that. The Mayor told Don he had Bruce to bring the two signs by and asked if they had ordered those signs. Don said they came from way back. The Mayor asked if they needed to be repainted. Public Facilities Director Don Mullens said they would probably need to be repainted by a sign artist. There being no further business Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:17 p.m. APPROVED: ATTESTED: • MAYOR e"' CITY CLERK-TREASURER