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01 January 2015 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING JANUARY 26,2015 The City Council of the City of Van Buren,Arkansas met at 7:00 p.m. Monday, January 26, 2015 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,Petty, Moore, Swaim, Dodd, and Sparkman. 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 Pastor Steve Davis from United Pentecostal Church. Next, Mayor Freeman led the Pledge of Allegiance. Mayor Freeman then led the organization of the City Council discussion as required by ACA 14-43-501. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on December 15, 2014. Alderman Parker made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call,the following Council members voted aye: Alderman Sparkman, Parker,Petty, Moore, Swaim and Dodd. The following voted nay: none. • On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained the process to the council as to how fixed assets works and why we are removing them. Alderman Petty asked if we keep a record of when equipment is acquired. Both Mayor Freeman and Barbie Curtis replied yes. City Clerk- Treasurer Barbie Curtis explained that a spreadsheet is maintained in her office that the state auditor reviews every year. Alderman Sparkman asked how the public will know that we have this equipment for sale. Mayor Freeman replied that we will advertise when the appropriate departments are ready to have a sale. Alderman Dodd seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 1-1-2015 CITY OF VANBUREN,ARKANSAS RESOLUTION NO. - -2015 BE-I BiAE.FED-13 -T3 EFFY-COUNE) FO. o •- o .. . ' . SAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIRED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buten has certain fixed assets on its Fixed Asset Inventory List whirls are obsolete and/or beyond repair,and are no longer cost effective,so as to no longer be needed by the City,and WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid,auction oras otherwise authorized under Arkansas law. 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 remove the following asset or assets from the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods authorized under the law Department Amount Description of Inventory Control# Police Department $5,537.23 Hewlitt-Packard Server PD-580 SN#MOOCLK8221 Police Department $1,896.48 Hewlitt-Packard Exchange Server PD-600 SN#USE531C3Z0 Police Department $1,834.92 Hewlitt•Packard Laptop Computer P13-675 SN#CNU928049F Senior Inn $5,178.60 4.5 HP Compressor Unit SI-2 SN#T08L09335 IN W1VEESS WHEREOF,the City of Van Buren,Arkansas,by its City Connell,did pass,approve and adopt,by a vote of 1Q for and against the foregoing luta at its regular meeting held on the 26*day ofJanuaty2015. Robert D.F Mayor A STED: 'PR• r � i re Curtis Candice A.Settle City C3ak/Deasucer City Attorney • On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR TO PROVIDE FINANCIAL ASSISTANCE TO THE REGIONAL INTERMODAL TRANSPORTATION AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Parker seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 1-2-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. t-1 2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR TO PROVIDE FINANCIAL ASSISTANCE TO THE REGIONAL INTERMODAL TRANSPORTATION AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT. WHEREAS, the City of Van Buren,Arkansas recognizes the need for regional economic development cooperation;and WHEREAS, the Regional Intermodal Transportation Authority(RITA)was formed in August of 2009 by the cities of Van Buren and Fort Smith and the counties of Crawford and Sebastian to work toward improving the area's effectiveness in transporting goods while enhancing the potential for economic development in the region;and WHEREAS, funding is necessary to continue the operations of RITA and all members of RITA are asked to share equally in the operational cost of the entity;and WHEREAS, the City of Van Buren budgeted funds in the 2015 city budget for such operations. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1. The City of Van Buren,Arkansas fully supports RITA and wishes to continue to support RITA and the economic development of our region. SECTION 2. The Mayor of the City of Van Buren,Arkansas is hereby authorized and directed to make payment in the amount of$37,025.00 as the city's equal share for continued operations of RITA. 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 for- Resolution at its regular meeting held on the 261 day of January 2015. A Robert D.Free Ci Mayor A t' '1 STED: r al: O FORM: Barbie Curtis andice-77ettle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING DATE FOR ABANDONING A PUBLIC ALLEY IN THE GRANDVIEW ADDITION 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. Mayor Freeman explained that if this resolution is passed it will establish the public hearing at our next council meeting. In the meantime, there will be a subdivision and utility review to determine that there is no issues with the abandonment. Then, it will go to the Planning Commission for review and they will submit their recommendation to the council. Alderman Petty asked what the council members will receive in their packets for next month's meeting. Mayor Freeman replied that they will receive the property's legal description as well as a map. Alderman Parker seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 1-3-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 1 -�-2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, wnir�,awmecS,- RESOLLMON4-0-BE-E1,4114:143D; A RESOLUTION SETTING A PUBLIC HEARING DATE FOR ABANDONING A PUBLIC ALLEY IN THE GRANDVIEW ADDITION INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. - WHEREAS, Charles Reef and Glenda Schaefer have petitioned the City Council of Van Buren, Arkansas,to vacate and abandon the public alley along certain lots within Grandview Addition more particularly described as follows: Description of Existing 20.00 Foot Alley All that portion of a 20.00 foot alley lying between Lots 1,2,3,and the North 12.50 feet of Lot 4 and Lots 12,13,14,and the North 12.50 feet of Lot 11,Block 2,Grandview Addition to the City of Van Buren,Arkansas;and WHEREAS, all of the property owners and adjacent property owners being affected by this alley abandonment have consented by signed petition;and WHEREAS, the City Council of Van Buren,acting under the authority ofA.CA.§14-199-103 and A.C.A.§14-301-302,has the authority to vacate public alleyways 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 February 23,2015,at 7:00 PM in the Van Buren City Council Room,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 alley should be vacated and that all affected property owners and other persons directly interested have consented to such vacating. SECTION 2: 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. IN WITNESS WHEREOF,the City of Van Buren, .:,as,b its City Council,did pass, approve,and adopt,by a vote of JQfor and Q against,the forege ing R solution at its re: at meeting held on the 26'"day of January 2015. Robert D.Free, Mayor ATTESTED: APP t a FORM: LILL. 0,1t,, - _ ."%k Barbie Curtis :.dice A.Settle• City ClerktTreasurer City Attorney On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE ANN. § 14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN FOR OFFICE PRODUCTS FOR THE CITY OF VAN BUREN,DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Dodd moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Moore. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Moore. 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 Petty asked the significance of the emergency clause, not specific to this situation. Mayor Freeman explained that any ordinance passed by the council would not take effect until after 90 days, but due to the fact that we already have a furniture contract with Swaim's for the new Police Department,we would need to pay them before the 90 day period is over. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Dodd and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore and Dodd. Nays—none. Alderman Swaim abstained. The Mayor declared the motion carried as there were five (5) ayes and(0) nays. Four(4)votes being necessary for passage. Motion was made by Alderman Dodd and seconded by Alderman Moore,that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Sparkman, Parker, Petty, Moore and Dodd. Nays—none. Alderman Swaim abstained 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 1-2015 CITY OF VAN BUREN,,ARKANSAS ORDINANCE NO.1-2015 BE IT ENACTED BY THE Cf1Y COUNCIL, FOR THE CITY OF VAN BUREN, I!EI3 TIED. AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE ANN.§14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN FOR OFFICE PRODUCTS FOR THE CITY OF VAN BUREN, DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES. WHEREAS, A.CA§1442-107 requires an Ordnance be enacted waifs-4y permitting the conducting Many business between an official or employee of the city and the City of Van Buren;and WHEREAS, the City of Van Buren wishes to do business,an an ongoing basin,with Swaim Office Products,in which Van Buren City Alderman Alan Swaim has a financial interest;and WHEREAS, itis the desire of the Administration and the Van Baran City Council that compliance with ACA¢14-42-107 is satisfied for the conducting of all city besmear,and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the heah6;; safety and welfare of the inhabitants of the City of Van Buren.Arkansas and an emergency ad=which requites that this Ordinance become immediately effective and in • fall force and effect. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1• Swarm Office Products,in which Van Buren City Alderman Alan Swarm has a financial interest,is hereby authorized to sell office products to the City of Van Buren. SECTION 2• This Ordinance being necessary for tbe financial continuity of the City of Vim Basan, Arkansas,and necessary in providing far the immediate preservation of the public peace, health,and safety,an emergency is declared to erdst and this Ordinance shall take effect and be in force alta its passage end approval. IN WITNESS WHEREOF,jbe City of Van: -. Arkansas,by its City Council,did pass, approve,and adop,by a vote of .the fiangoing Ordinance at its regolsr meeting held on the 26°day of tannery 2015. f Robert D.Freemen _ — Mayor • ATTESTED: . s•:r, , TO FORM: 111, 2-) 11,11W.V1111 Barbie Curtis Can. 'r-•.e- City Clerk/Treasurer City Attorney 1 . On the agenda next was to consider AN ORDINANCE EXTENDING THE PERIOD OF PARTICIPATION IN THE DEFERRED RETIREMENT OPTION PLAN (DROP) FROM 5 YEARS TO 10 YEARS FOR THE VAN BUREN FIRE PENSION FUND. The Clerk read the Ordinance in its entirety. Alderman Dodd moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Moore. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Swaim. 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 years ago there was a Fire Pension Fund that was managed by the City of Van Buren and that fund and its members were transferred to the Arkansas LOPFI system and any new firemen hired are added to LOPFI. So now we have two plans in LOPFI: the original Van Buren plan and the LOPFI plan. Over the years all firemen that were enrolled in the old plan have retired except for one, Johnny Taylor, and Mr. Taylor has requested that he be allowed to extend his DROP period to 10 years. Mayor Freeman noted that this would not have any financial impact on the city. Alderman Petty asked what the DROP accomplishes. It was explained that the DROP allows the members retirement from the enrollment period on to be put into a separate account that they can choose to withdraw when they retire. Also,members enrolled in the DROP must retire when their time has expired. Chief Bell explained it best as a small nest egg for starting retirement. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Dodd and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.Nays—none. The Mayor declared the motion carried as there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. 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 2-2015 ORDINANCE NO. -2015 tts.11ruv L.IEDnI1tlnLIIzWUNLI,rUxrkinsa1rOr VANiUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE EXTENDING THE PERIOD OF PARTICIPATION IN THE DEFERRED RETIREMENT OPTION PLAN (DROP) FROM 5 YEARS TO 10 YEARS FOR THE VAN BUREN FIRE PENSION FUND. WHEREAS, the City Council of the City of Van Buren,Arkansas desires to extend the period of participation in the Deferred Retirement Option Plan(DROP)from five(5) years to ten(10)years for the retirement benefit of its employees. NOW,THEREFORE,BE TT ORDAINED AND ENACTED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1. The City Council of the City of Van Buren,Arkansas authorizes the extension of DROP participation from 5 years to 10 years for the Van Buren Fire Pension Fund.The monthly amount credited to DROP shall remain 100%of the member's calculated benefit.The 10-year DROP is available to all participants of the fire pension fund SECTION 2:The City Council recognizes that the Arkansas Local Police and Fire Retirement System(LOPFI)is the administrator of the Van Buren Fut Pension Fund. Therefore,the Chief Administrative Officer is hereby authorized to provide LOPFI an approved copy of this Ordinance approving this benefit change'for the Van Buren Fire Pension Fund. • IN WITNESS WHEREOF,the City of Van B Arkansas,by its City Comet did pass,approve,and adopt,by a vote of ((I for and I the foregoing Ordinance et its regular meeting held on the 266 day ofJanu cry 2015. Ro D.F Mayor ATTESTED: ;4'•s�j� ...s FORM �.t-ill. Cuh ■ ,11\ Barbie Curtin Settle City CleriJrreasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Parker to appropriate the sum of$ 1,266,744.24 to pay expenses and • salaries for December 2014,presented by the City Clerk. The Council followed with a unanimous vote. 1-20-2015 09:02 AM CITY OF VAN BUNE N PAGE: 1 TRIAL BALANCE I AS OF: DECEMBER 31ST, 2014 -- i ! 10 -General Fund I "' MONTH TO DATE "' ++ ' YEAR TO DATE ••• ACCT# ACCOUNT MAME DEBITS CREDITS DEBITS CREDITS C ASSETS ________ 0.* 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 78,119.57 200,554.07 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 1 ;05,,,731,-'67+ 1020.03 Cash In Bank-ASP's6walmart Gra 0.00 79.24 1 ,,J62•03+ 1020.04 Veterans' Memorial-Act 934 0.00 10,298.16 `20,255•3(!+ 1020.05 2009 Byrne Recovery Grant 0.00 0.00 ' 1020.06 2009 Byrne Grant 0.00 0.00 v 1 1020.07 2007 Byrne Grant 0.00 0.00 672762•z(.- 1020.08 Cash in Bank- Storm Damage 8,147.58 0.00 , 2` 60•73+ 1020.09 District Coat Grant-Mediation 0.00 25.00 ;� j 1020.10 Cash in Bank-HDC v 0.00 2,482.05 ' 1 -25677' a • I-'': 1020.11 Cash.in Bank-KVBB 0.00 3,500.00 1020.12 Emergen$y Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 0.00 129,568.94 1020.14 Court Automation-District 2,771.86 78,735.05 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 2,787.63 1,476.18 _ 1020.18 Cash in Bank- PD Co Tax 5,969.69 213,890.39 1020.19 Cash in Bank - FD Co Tax 2,187.17 137,364.06 1020.20 Cash In Bank-Erosion Control 250.00 15,850.00 1020.21 Cash in Bank-CPAcademy 189.96 101.19 1 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1020.27 Cash in Bank- Levee 0.00 9,245.26 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 6 Rec 374.96 0.00 1020.32 GIF 0.00 6,754.90 1020.33 Cash in Bank-Yard Waste 31,966.87 202,262.77 - 1020.51 Cash in Bank - Cemetery 194.75 3,464.47 1020.91 Cash in Bank- Cap Imp 40,859.53 988,616.13 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 1040.91 Investments - Cap Imp 153.84 374,501.92 I1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 C 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 1.77 2.45 1540 Due From Library Fund 0.00 0.00 'I LIABILITIES AND FUND BALANCE i 1 -,i I{ 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. The council had a request from Van Buren Boys & Girls Club to close streets for their annual 5k on May 2, 2015. Motion was made by Alderman Petty and seconded by Alderman Sparkman to approve the request. The council followed with a unanimous vote. 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 7:40 p.m. ATTESTED: •'P"OVED: CITY CLERK-TREASURER MAYOR