12 December 2003 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD DECEMBER 15, 2003
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, December 15, 2003, 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, Dodd, Spoon and Barker. City Clerk Barbie Curtis
and City Attorney Candice Settle-Beshears were present. This made a total of nine(9)present. A quorum was
declared.
The Invocation was given by Dr. Elliott Hays of Hay's Chiropractic Clinic PA.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on November 24, 2003.
Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call the
following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The following
voted nay: none.
Next on the agenda was a Public Hearing Establishing Sewer and Water rates and to consider an ORDLNANCE
ESTABLISHING RATES FOR SEWER SERVICES SUPPLIED BY THE CITY OF VAN BUREN AND
REPEALING PRIOR RATES FOR SUCH SERVICES. 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 Barker. 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 Spoon. On the Clerk's calling the roll, the following vote resulted:
Ayes— Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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.
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 Swaim, Parker, Moore, Dodd, Spoon and Barker.
Motion was made by Alderman Swaim and seconded by Alderman Parker, that the emergency clause be adopted
which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance
duly passed and signed same in open Council, duly attested to by the City Clerk.
Later in the meeting Harry Short with Municipal Utilities said they needed to correct the last meter size to read
six(6)inches instead of five (5)inches. Alderman Swaim seconded by Alderman Parker made a motion to amend
the Ordinance- On the Clerk's calling the roll, the following vote resulted: Nays: Alderman Swaim, Parker, Moore,
Dodd, Spoon and Barker. The Mayor declared the motion carried as there were six(6)ayes and(0)nays.
THE ORDINANCE WAS GIVEN THE NUMBER 12-2003
ORDINANCE NO.12 Size of Meter(Inches) Monthly Minimum Charge Volume droves/1.006a'
ORDINANCE ESTABLISHING RATES FOR SEWER SERVICES SUPPLIED BY THE CITY OF 3/4" $ 5.88- 1as.,
VAN BUREN AND REPEALING PRIOR RATES FOR SUCH SERVICES. 1" 12.02 1.75
1 1/2" 17.69 1.75
WHEREAS,the City of Van Buren,Arkansas(the "City")owns and operates sewer 2" 98.01 1.75
facilities(the"System")and has determined that certain extensions,betterment's 3" 293.99 1.75
and improvements to the System(the"improvements")are necessary to make the 4" 392.00 1.75
System adequate to serve the needs of the City and its inhabitants;and 6" 588.00 1.75
WHEREAS,the basic monthly sewer rates are established by Ordinance No.20 of the
City adopted and approved December,2003;and The charges for customers outside the city limits shall be one and one-half(1 1/2)
WHEREAS;in connection with the improvements, it Is necessary that the Sewer times the rate for customers inside the city limits.
Rate Ordinance be further amended in order to increase rates charged for the serv- Section 4.The Sewer Rate Ordinance,as amended hereby,shall continue in full force
icetofthe system by approximately 12.9%;and and effect.
WHEREAS,the elan Buren Municipal utilities Commission,after a complete study Section 5.That it is hereby ascertained and declared that the System is inadequate I
and review has recommended the improvements and the rate increase hereinafter for the needs of the City and the inhabitants thereof,thus endangering the life,
set forth to the City Council as being in the best interest of the City and its inhabi- health, safety and welfare of the inhabitants and their property, and:that the
tants, improvements required to alleviate such hazards can be accomplished only by the
NQW,THEREFORE,BE IT ORDAINED by the City Council of the City of Van Buren, enactment of such increased rates as are authorized by this Ordinance.It Is there-
Arkansasi` fore,declared that an emergency exists,and this ordinance being necessary,to the
Section 1.Rate.Thatthe monthly rates set forth below be,and theyare hereby,fixed immediate preservation for the public peace,health and safety,
as the rates to be charged.for sewer services furnished to customers of the Sewer be in force from and after Its passage. shaft take and
System of the City of Van Buren,Arkansas(the"City),which rates the City Council
finds and declares to be reasonable and necessary minimum rates to be charged. PASSED this 15th day of December,2003.
Effective January 1,2004,the rate shall consist of a minimum which shall be based APPROVED:
upon the size of the meter necessary for each residence,business,Industry and John Riggs,Mayor
institution using the System and an additional actual usage rate of$1.75 per thou-
sand gallons or fraction thereof. ATTEST:
Section 2.Section 3 of the Sewer Rate Ordinance is hereby amended to read as fol- Barbie Curtis
lows: City Clerk
Section 3,The following minimum charge and volume charge rates are established
for all Van Buren Sewer System customers. Published in the December 20,2003 issue of the Press Argus-Courier
•
On the agenda next was to consider A RESOLUTION APPROVING FINAL PLAT OF OLIVER SPRINGS
HEIGHTS, PHASE III, LOTS 18-35, 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 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 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 12-2-2003
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. id- o2 -2003
A RESOLUTION APPROVING FINAL PLAT OF OLIVER SPRINGS HEIGHTS,
PHASE III,LOTS 18-35,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 III,Lots 18-35,is approved.
SECTION 2: THAT the Mayor is authorized and directed to sign
plan
and the City Clerk is authorized and directed to aester sd ame upon
pon
the filing of the assurities mentioned above.
PASSED AND APPROVED THIS I5
DAY OF DECEMBER,2003.
MAYO' JOHN RI1 '
ATTESTED:
&𝔏
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION ADOPTING PROPOSED BUDGET FOR 2004. 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 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 12-3-2003
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. / 3 -2003
A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE
FISCAL YEAR ENDING DECEMBER 31, 2004.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
SECTION_1: THAT the 2004 Proposed Expenditures of
$10,151,437.00 (Ten Million, One Hundred Fifty-
One Thousand, Four Hundred Thirty-Seven Dollars)
is hereby appropriated and a copy of said Budget is
attached hereto and made a part hereof; and
SECTION 2: THAT the appropriations made herein include
additional pay for holidays for all agents, servants,
and employees of the City of Van Buren, including,
but not limited to, uniformed employees, as
provided for by the laws of the State of Arkansas.
PASSED AND APPROVED THIS I DAY OF ./1)/.0.P1n1P003.
C
MAYOR
ATTESTED:
kt6024-&-cIL,
CITY CLERK-TREASURER
On the agenda next was to consider A RESOLUTION AMENDING THE INCENTIVE PAY PLAN FOR
THE FIRE DEPARTMENT. 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 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 12-4-2003
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. l 2"Li -2003
A RESOLUTION AMENDING THE INCENTIVE PAY PLAN FOR THE FIRE
DEPARTMENT.
WHEREAS, The current incentive pay plan for the fire department needs to be
brought up-to-date with current requirements for fire training; and
WHEREAS, A public hearing has been held and the Civil Service Commission
has recommended changes to the current incentive pay plan;and
WHEREAS, The City Council believes that said changes will benefit the fire
department and the citizens of the City of Van Buren.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: That the Incentive Program for the Fire Department adopted
pursuant to Resolution No. 3-6-1985 is hereby abolished and
replaced by the Comprehensive Pay Incentive Program of the Fire
Department attached hereto.
SECTION 2: All current employees shall receive a copy of the revised policy.
SECTION 3: The new program shall go into effect immediately upon passage of
this Resolution.
PASSED AND APPROVED THIS 6 DAY OF DECEMBER,2003.
MAYO JOHN RIlS
ATTESTED:
61-4-AL
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION ADOPTING A LABOR-MANAGEMENT
COMMITTEE WITHIN THE FIRE DEPARTMENT AND ESTABLISHING GUIDELINES FOR THE
COMMITTEE. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There
was none. Alderman Moore seconded by Alderman Swaim 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
Swim,Parker, Moore, Dodd, Spoon 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 12-5-2003
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. la-5 -2003
A RESOLUTION ADOPTING A LABOR-MANAGEMENT COMMITTEE
WITHIN THE FIRE DEPARTMENT AND ESTABLISHING GUIDELINES FOR
THE COMMITTEE.
WHEREAS, The fire department desires to establish a labor-management
committee in an effort to bring together members of labor and
management within the fire department for the common goal of
problem solving within the department while most effectively
providing for the needs and safety of the community;and
WHEREAS, A public hearing has been held and the Civil Service Commission
has recommended the establishment of a labor-management
committee and the guidelines therefore;and
WHEREAS, The City Council believes that the said labor-management
committee will benefit the fire department and the citizens of the
City of Van Buren.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: That the Labor-Management Committee for the Van Buren Fire
Department is hereby established and the attached guidelines
hereby adopted for the committee.
SECTION 2: All current employees shall receive a copy of the guidelines.
PASSED AND APPROVED THIS ) AY OF DECEMBER,2003.
MAYOR J HN RIGG�
ATTESTED:
CITY CLERK/TREASURER
On the agenda next was to consider an ORDINANCE GRANTING A COST OF LIVING RAISE TO ALL
CITY OF VAN BUREN EMPLOYEES. 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 Barker. 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 Spoon. On the Clerk's calling the roll, the following vote resulted:
Ayes— Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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.
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 Swaim, Parker, Moore, Dodd, Spoon and Barker.
THE ORDINANCE WAS GIVEN THE NUMBER 13-2003
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On the agenda next was to consider A RESOLUTION APPROVLNG AN INCREASE IN THE CONTRACT
PRICE FOR THE 2003 STREET IMPROVEMENTS/PHASE VII PROJECT. The Clerk read the Resolution
in its entirety. The Mayor asked if there was any discussion. Alderman Spoon asked what the reason for increase
was. City Engineer Brad Baldwin said it was an undercut. 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 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 12-6-2003
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. /-2—p -2003
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR THE
2003 STREET IMPROVEMENTS/PHASE VII PROJECT.
WHEREAS, The Mayor advertised for bids for the 2003 Street Improvements/Phase
VII Project and the bid of Wilson Brothers Construction Company, Inc.,
was accepted by the Council;and
WHEREAS, The original contract price of$373,813.60 was previously approved by the
Council;and
WHEREAS, The final contract price for the construction has been determined to be
$458,533.25,leaving a balance of$84,719.65.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the increase of$84,719.65 to the Contract with Wilson Brothers
Construction Company,Inc., for the 2003 Street Improvements/Phase VII
Project is hereby accepted.
PASSED AND APPROVED THIS 1st DAY OF DECEMBER,2003.
MAYOR JOHN.BiGGS
ATTESTED:
Y4 IQ Q
CITY CLERK/TREASURER
On the agenda next was to consider an ORDINANCE SETTING THE SALARIES OF THE MAYOR, CITY
ATTORNEY, CITY CLERK-TREASURER AND DISTRICT JUDGE. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading.
The motion was seconded by Alderman Spoon. On the Clerk's calling the roll, the following vote resulted: Ayes—
Aldenman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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 Spoon. On the Clerk's calling the roll, the following vote resulted:
Ayes—Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. 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. Alderman Spoon asked about the date on the
Ordinance being changed to read January 1, 2004 not January 1, 2003.
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 as amended. On the Clerk's calling the roll, the following
vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker.
THE ORDINANCE WAS GIVEN THE NUMBER 14-2003
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.14
ORDINANCE SETTING THE SALARIES OF THE MAYOR,CITY ATTORNEY,CITY CLERK-
TREASURER AND DISTRICT JUDGE.
WHEREAS,The City Council desires to grant a 3%cost of living Increase for the
Mayor, City Attorney, City Clerk-Treasurer, and District Judge which would be
reflected on the city payroll for January 15,2004.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN,ARKANSAS:
SECTIOn 1: THAT beginning on the 1st day of January,2004,the salary of
the Mayor,City Attorney,City Clerk-Treasurer and District
Judge shall be as follows:
MAYOR $53,260.07
CITY ATTORNEY $50,670.76
CITY CLERK-TREAS. $36.18L84
DISTRICT JUDGE $47,503.70
THAT said salaries shall be paid in semi-monthly
payments with,exception of he District Judge who
is,paid in n> 1 yments.
PASSED AND APPROVED THIS 15TIODAY OF DECEMBER,2003.
ATTESTED: MAYOR JOHN RIGGS
BARBIE CURTIS
CITY CLERK TREASURER
Published in the December 20,2003 issue of the Press Argus-Courier
1 • 1
Next on the agenda was a recommendation by the Boards and Commissions. The City Recreation Commission
Board recommended David Moore to serve another five (5)year term. Motion was made by Alderman Parker and
seconded by Alderman Swaim to accept the recommendation. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by
Alderman Spoon appropriate the sum of $878,533.24 to pay expenses and salaries for November 2003, presented by
the City Clerk Treasurer. The Council followed with a unanimous vote.
CITY•
Y OF VAN BOSON PAGE: 1
�:'L-. 166' ( 1+
' c TRIAL BALANCE
AS OF: NOVEMBER 30TH, 2003
L_Azoce2 t -�i'2.791 -911
26) 56
0 4 •'• MONTH TO DATE +++ +* YEAR TO DATE •++
E DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 5,066.01 163,114.09
1020.10 Cash in Bank - Sales Tax City 0.00 0.00
1020.18 Cash in Bank - PD Co Tax 8,732.56 40,857.98
1020.19 Cash in Bank - FD Co Tax 17,236.05 35,128.41
1020.27 Cash in Bank - Levee 600.00 1,557.17
1020.31 Cash in Bank - Parks & RMC 483.67 13,061.62
1020.51 Cash in Bank - Cemetery 358.80 2,228.52
1020.91 Cash in Bank - Cap Imp 57,574.02 102,703.16
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 4 Rec 0.00 0.00
1040.51 Investments - Cemetery 5.53 48,500.18
1040.91 Investments - Cap Imp 0.00 905,871.87
1040.92 Capital Improvement CD 0.00 0.00
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 0.00 0.00
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
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. 5.00 110.00
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
2200 Wage Payable 0.00 0.00
2210 Federal Income Tax W/N 0.00 24.12
2220 Social Security Tax W/H 0.00 6.20
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
There being no further business Alderman Swaim seconded by Alderman Spoon made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 7: 25 p.m. •
APPROVED:
ATTESTED:
_ � I
MAYOR
CITY CLERK-TREASURER