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04 April 2015 Regular 1 1 MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING APRIL 20, 2015 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, April 20, 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, Swaim, and Sparkman. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of seven(7)present. A quorum was declared. The invocation was given by Sgt. Jack Robinson of the Van Buren Police Department. Next,Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on March 16, 2015. 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, Sparkman, Parker and Petty. The following voted nay: none. Next, Mayor Freeman asked to adopt the minutes of the Special Council Meeting on March 19, 2015. 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, Sparkman,Parker and Petty. 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 that the DVR for the city complex is a legacy system that has parts that can't be obtained anymore. It has already been replaced and will be heading to the E-Waste program. The laptop no longer works and has been replaced and the Police Department DVR with camera still works but is no longer needed so it will be sold. Alderman Swaim seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker and Petty.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 4-1-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - 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 AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM flit,CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which 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 or as 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# Mayor's Office $5,391.36 32 Channel DVR MO-64 SN#N710S0987 Police Department $1,874.88 Hewlett-Packard Laptop PD-636 SN#CND8011SC5 Police Department $3,116.00 Net Pro Max DVRw/Camera PD-653 SN#NPM80406 IN WITNESS WHEREOF,the City of Van Buren, • .• . by its City Council,did pass,approve,and adopt,by a vote of a_for and p against the foregoing r- . :on at its regular meeting held on the 20`s day of April 2015. . Robert D -- .1 �41‘„• Mayor lk AT STED: ., (APPRo .7.� .■ri =. : 100 _ ,w Barbie Curtis Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AWARDING A SERVICE SIDEARM TO CORPORAL RICHARD G. PATTERSON UPON HIS RETIREMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. 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 Swaim, Sparkman, Parker and Petty. 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 4-2-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.q_- 2.2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AWARDING A SERVICE SIDEARM TO CORPORAL RICHARD G. PATTERSON UPON HIS RETIREMENT. WHEREAS, Van Buren Police Corporal Richard G.Patterson is retiring from the City on May 15, 2015 after 28 years of service;and WHEREAS, Corporal Richard G.Patterson has demonstrated his dedication to duty and to the citizens of the City of Van Buren;and WHEREAS, upon regular service retirement under honorable circumstances,the City wishes to recognize Corporal Richard G.Patterson's service as a police officer,and award to him his issued sidearm carried by him at the time of his retirement from service. NOW,111LREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF I'Hb.CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council for the City of Van Buren adopts this resolution awarding this service Sidearm,a Glock 22 Generation 4 pistol,Serial Number SZE017 to Corporal Richard G. Patterson upon his retirement May 15,2015. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 14 for and 0 against,the foreg.• • •esolution at its regular meeting held on the 20m of April 2015. Robert D.Freeman Mayor ATTESTED: • ' ' • D •.Tri FORM: 4Lt Cand' Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR PLANNING AND ENGINEERING SERVICES FOR 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. Alderman Sparkman clarified that this is just the cost for the engineering services. Mayor Freeman agreed. Alderman Petty questioned the cost of the contract and after closer examination by the mayor and council members the resolution was amended to reflect and wording change. Alderman Petty seconded by Alderman Sparkman moved that the Resolution be adopted as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker and Petty.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 4-3-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. -3_-2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE EN 1 l PLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR PLANNING AND ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas desires to continue planning and begin engineering and design work for the Veterans' Memorial Park, a new park in downtown Van Buren;and WHEREAS, the City advertised for statements of qualifications for engineering services;and WHEREAS, the Parks and Recreation Commission supported and recommended entering into a contract with CEI Engineering Associates,Inc.for said work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A") with CEI Engineering Associates, Inc. to provide engineering services for the planning, design and engineering of Veterans' Memorial Park in the amount of$46,405.00 including reimbursable expenses. SECTION 2: The Mayor is authorized to utilize General Improvement Fund grants designated for said park from the A&P Commission in the amount of$41,429.00 with the remainder to be paid from park bond proceeds. IN WITNESS WHEREOF,the City of Van Buren • kansas, by its City Council, did pass, approve,and adopt,by a vote of 14 for and O against,t - for•_•oing Resolution at its regular meeting held on the 20th day of April 2015. 0 Robert 11. ree .. Mayor ATTESTED: AP' 'O S T L FORM: 411* LA-51M— ��l Barbie Curtis Candice"'ett- City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE AN AGREEMENT WITH SAFETY COM,INC. FOR THE PURCHASE OF A VORTEX SIREN,FOR THE APPROPRIATION OF FUNDS,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Parker moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Swaim. 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 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 this is a new tornado siren that will be in the northeast quarter of the city. Senator Rice awarded us $25,000 that will pay for this system. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Sparkman to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker and Petty. Nays—none. The Mayor declared the motion carried as there were four(4) 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 5-2015 -- -- CITY-OF-VAN-BNRENTAARIEANS-AS — ORDINANCE NO.✓-2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE AN AGREEMENT WITH SAFETY COM, INC. FOR THE PURCHASE OF A VORTEX SIREN, FOR THE APPROPRIATION OF FUNDS,AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of an emergency warning system at Fire Station Number Four,and WHEREAS, Crawford County Emergency Management has previously contracted with Safety Com, Inc.for the maintenance of the current warning system within the city;and WHEREAS, the attached proposal from Safety Com,Inc.is for a Vortex siren,control cabinet,radio and installation for said equipment for Fire Station Number Four;and WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(bX2XB)that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION l,: The City Council in accordance with the terms of A.C.A.§14-58-303(bX2XB),hereby waives the requirement of competitive bidding in this particular case as such procedure is not deemed feasible or practical and authorizes and directs the Mayor to enter into an agreement with Safety Com,Inc.for the above described equipment SECTION 2: The City Council authorizes the Mayor to expend$24,911.04 from Capital Improvement funds for said equipment to be reimbursed by a General Improvement Fund grant of the same amount designated by Senator Terry Rice and to execute all documents,contracts, and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF,the City of Van B - • kansas,by its City Council,did pass, approve,and adopt,by a vote of for and () :•: +the foregoing Ordinance at its regular meeting held on the 20th day of April 2015. RobertD.F--.,., Mayor ATTESTED: AP'ROVED5 F a•. Barbie Curtis Candice ettle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT AND TO PURCHASE A JOHN DEER MODEL 310SL BACKHOE LOADER WITH ATTACHMENTS THROUGH THE NATIONAL JOINT POWER ALLIANCE (NJPA) COOPERATIVE PURCHASING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 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 Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance 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 Petty. 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 noted that Wayne Sandusky, Street Superintendent, obtained bids from John Deer, Caterpillar, as well as Case, and John Deer was the lowest bid. The city has had its current backhoe since 2008 and its transmission is going out. Mayor Freeman also stated that we use it for both Street and Yard Waste departments and the new backhoe will be purchased with reserve yard waste funds. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Sparkman to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Swaim, Sparkman, Parker and Petty.Nays—none. The Mayor declared the motion carried as there were four(4) ayes and (0) nays. Four(4)votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Swaim, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Swaim, Sparkman, Parker and Petty. 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 6-2015 CITY OF VAN BUREN,ARKANSAS NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: ORDINANCE NO. .-2015 SECTION I: The City of Van Buren,Arkansas is in need of certain equipment,as set forth above. BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BURED ARKANSAS,AN ORDINANCE TO BE ENTITLED: SECTION 2: Said equipment is to be purchased via NIDA plus local discounts,for the sum of $83,550.00 plus applicable sales tax. AN ORDINANCE AUTHORIZING THE MAYOR TO SECTION 3: The Mayor is further authorized to make said payment for said equipment using Yard CONTRACT AND TO PURCHASE A JOHN DEER MODEL 310SL Waste Funds. BACKHOE LOADER WITH ATTACHMENTS THROUGH THE NATIONAL JOINT POWER ALLIANCE (NJPA) COOPERATIVE SECTION 4: The Mayor and City Clerk are hereby authorized the PURCHASING PROGRAM;DECLARING AN EMERGENCY;AND FORby City Council for the City of Van OTHER PURPOSES. Buren to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. WHEREAS, the City of Van Buren recognizes the need to provide for the protection of life SECTIONS: In order to purchase the equipment,at the amount herein,it is further found that there is an and property of its residents;and immediate need to contract hereto,and as such an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety,and WHEREAS, after a review of the various available,the City of Van Buren desires to purchase a John welfare,shall take full effect from and after its passage and approvaL Deer Model 310SL Backhoe Loader with attachments for the total price of$83,550.00 plus sales tax if applicable;and SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such severable,and,if any section or part of a section,or any provision or part of a equipment through a cooperative purchasing agreement such as the one between the City provision herein,is declared to be unconstitutional,inappropriate,or invalid by any court of Van Buren and NIPA pursuant to ARK.CODE ANN.§19-11-249;and of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be WHEREAS, the City has decided that it is in its best interest to purchase the above listed severable. equipment via NJPA,pursuant to the terms setforth in the contract pricing worksheet attached hereto as Exhibit"A";and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of �for and 0 against,the foregoing Ordinance at its regular WHEREAS, a state of emergency exists because the city desires to take advantage of the pricim meeting held on the 201h day of April 2015. commitment A t == e Ro P.Free Mayor ATTESTED: APPR..401 a. aRM. Pam Com, ar Barbie Curtis e City Cleric/Treasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Alderman Parker and seconded by Alderman Swaim to appropriate the sum of$ 1,424,911.64 to pay expenses and salaries for March 2015,presented by the City Clerk. The Council followed with a unanimous vote. Alderman Swaim asked about scheduling a financial learning session. Mayor Freeman said he will work on getting that scheduled. 4-06-2015 11:01 AM CITY OF VAN B URE N PAGE: 1 ..........-- 2 TRI 4 E § AS OF: MARCH 31ST, 2015 --�� '7 ?a 10 -General Fund !'d •••MONTH TO DATE •" ••• YEAR TO DATE "•* `-7I ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS i�' ASSETS 1000 Petty Cash 0.00 200.00 - 1020 Cash in Bank _ 147,972.13 177,712.05 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 0.* 1020.03 Cash In Bank-ASP's6Walmart Gra 0.00 79.24 s; 1020.04 Veterans' Memorial-Act 934 0.00 10,298.16 1 ,076 p353•72+ til 1020.05 2009 Byrne Recovery Grant 4,200.00 4,200.00 1 ,7a0-19+ 1020.06 2009 Byrne Grant 0.00 0.00 1 i. 1020.07 2007 Byrne Grant 0.00 0.00 108;573•38+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 4,158•35+ I 1020.09 District Coot Grant-Mediation 0.00 25.00 231 ,890-02+ i 1020.10 Cash in Bank- HDC 405.44 2,076.61 9 1020.11 Cash in Bank-KVBB 0.00 3,500.00 2,155 8+ 1020.12 Emergency Management Fund 0.00 0.00 _ 006 I, 1020.13 Cash In Bank-ACT 833 0.00 129,568.94 1 ,424,911 •64* r 1020.14 Court Automation-District 1,803.40 76,602.24 r 1020.15 Cash in Bank-ACT 1314 0.00 0.00 EI 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 1,476.18 1020.18 Cash in Bank - PD Co Tax 67,845.37 112,186.46 tt 1020.19 Cash in Bank- FD Co Tax 8,051.38 131,954.04 1- 1020.20 Cash In Bank-Erosion Control 200.00 16,450.00 II 1020.21 Cash in Hank-CPAcademy 0.00 101.19 , 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 11020.27 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 1,000.00 1,000.00 1020.32 GIF 0.00 4,762.00 1020.33 Cash in Bank-Yard Waste 8,204.70 227,839.93 e 1020.51 Cash in Bank - Cemetery 1,413.05 4,010.74 k 1020.91 Cash in Bank - Cap Imp 461,390.13 1,575,668.96 i- f7f 1040 Investments 0.00 0.00 i1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 E 1040.19 Investments - FD Co Tax 0.00 0.00 [i 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parke 6 Rec 0.00 0.00 I. 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 143.76 374,963.82 1050 Fixed Assets 0.00 0.00 i,. 1051 Accumulated Depreciation 0.00 0.00 P E 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 [ 1520 Due from Street Fund 6.72 0.48 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE i Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports were presented for filing. Also, City Attorney also submitted her annual report. 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 the Crawford County Sheriff's Office to close streets for their annual Pioneer Day Parade on May 23, 2015. Motion was made by Alderman Parker and seconded by Alderman Swaim to approve the request. The council followed with a unanimous vote. Rick Holtsclaw, who resides at 11242 Howell Cabin Drive in Uniontown, appeared before the council to complain about the noise a vehicle makes when the original equipment has been modified. City Attorney Candice Settle informed him that the responsibility to report such things does not fall exclusively on the city, but to us as citizens and recommended him to file an affidavit with the county prosecutor. Michael Sells, who relocated to Van Buren in February, appeared before the council to request some demographic information to help him start some businesses here in Van Buren. Mayor Freeman said that we would help him any way we can. Mayor Freeman told the council that he will bring a resolution to the council next month to transfer the old antenna at the police department to Crawford County Emergency Management because no other city departments have a need for it. Also,next month a resolution to use in- house dollars for various street overlay projects. And lastly, Mayor Freeman noted that the Yeager's and Kilgore's will fulfil their three year commitment to pay for the city firework display this July. 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 7:48 p.m. ATTESTED: AP 'RO D: CITY CLERK-TREASURER MAYOR