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06 June 2015 Regular / f MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING JUNE 15,2015 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, June 15, 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 Mr. Andy Dibble, Chairman of the Van Buren Planning Commission. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on May 26, 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 Dodd, Sparkman, Parker, Petty, Moore and Swaim. The following voted nay: none. On the agenda next was to consider A RESOLUTION ADDRESSING PLAINS AND EASTERN CLEAN LINE TRANSMISSION PROJECTS REQUEST TO OPERATE AS A PUBLIC UTILITY IN ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Moore asked if this was our only resolution for this project. Mayor Freeman replied yes. Alderman Sparkman asked for clarification that this resolution is not in agreement with this project. Mayor Freeman stated that this resolution encourages the State of Arkansas Department of Energy to carefully consider the application of Clean Line Energy and to weigh it out with any impacts it would have on the county and that state. City Attorney Candice Settle asked if anyone had any more information regarding the apparent 3.5 million dollars that would supposedly go to the schools. Alderman Petty said he received an email but it gave no explanation as to why or how the schools would receive that money. Alderman Parker seconded by Alderman Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Dodd, Parker, Petty, and Swaim. Nays—Sparkman and Moore. 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 6-1-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 6 -1 -2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADDRESSING PLAINS AND EASTERN CLEAN LINE TRANSMISSION PROJECTS REQUEST TO OPERATE AS A PUBLIC UTILITY IN ARKANSAS. WHEREAS, Clean Line Energy Partners,LLC,has submitted to the United States Department of Energy an application for its Plains&Eastern Clean Line transmission project to construct and operate a transmission line throughout various states,including Arkansas;and WHEREAS, the proposed transmission line would pass through numerous Arkansas counties, including Crawford and will potentially have detrimental impacts on the property of landowners in these areas;and WHEREAS, the United States Department of Energy should not approve the application of Clean Line Energy Partners,LLC,for its Plains&Eastern Clean Line transmission project unless it identifies clear and substantial benefits to the State of Arkansas that exceed any detrimental impacts caused by the project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Van Buren City Council encourages the United States Department of Energy to carefully consider the application of Clean Line Energy Partners,LLC for its Plains&Eastern Clean Line transmission project and urges the United States Department of Energy to not approve the application unless it identifies clear and substantial benefits to the State of Arkansas that exceed any detrimental impacts caused by the project. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of '4 for and a. against, .e foregoing Resolution at its regular meeting held on the 15th day of June 2015. Ro.ertD.Fr-...... ` Mayor ATTESTED: PRO A O FORM: &A.t;UL Barbie Curtis Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION DEFINING FIXED ASSETS TO BE RECORDED AND MAINTAINED BY THE CITY OF VAN BUREN. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Petty asked if the dollar amount was recommended by the auditors. City Clerk Barbie Curtis stated that the amount has been $1,500.00 for several years due to the recommendation of the auditors that we raise it from$1,000.00 to limit the amount of items on our fixed asset listing. Alderman Dodd seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty, Moore and Swaim. 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 6-2-2015 CITY OF VAN BUREN,` ARKANSAS RESOLUTION NO. to -a,. -2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION DEFINING FIXED ASSETS TO BE RECORDED AND MAINTAINED BY THE CITY OF VAN BUREN. WHEREAS, A.C.A. § 14-59-107 requires the governing body of a municipality to define fixed assets to include dollar amount and useful life;and WHEREAS, in 2002 the City put in place a policy establishing a value of$1,500.00 or above as a dollar amount for fixed assets as recommended by the state auditors;and WHEREAS, the policy was never adopted by the City Council nor defined a useful life. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas shall list on its fixed asset inventory all items in the categories of land,buildings,improvements other than buildings,motor vehicles, equipment,and construction in progress. SECTION 2: The listing shall be in accordance with A.C.A.§ 14-59-107. SECTION 3: Fixed assets on said listing shall be valued at$1,500.00 or above with an expected useful life of over one year. IN WITNESS WAFREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of__0_for and against,the foreg•••:Resolution at its regular meeting held on the 15th day of June 2015. Robert D.Freem., °- Mayor ATTESTED: 6-rujsziLL. APPR�.g Barbie Curtis City Clerk/Treasurer dice .Settle City Attorney 1 t 1 On the agenda next was to consider A RESOLUTION AUTHORIZING THE FINAL PAYMENT FOR THE NEW POLICE STATION,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 primary reason for the change is dirt work and concrete in the back annex. This contract increase is approximately 3% of the total project cost. Alderman Petty asked if there was a page missing because he only received two of the three pages. Mayor Freeman said that there were only two pages with an architect cover page. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Dodd, Sparkman, Parker, Petty, Moore and Swaim.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 6-3-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 10 -3 -2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING THE FINAL PAYMENT FOR THE NEW POLICE STATION, AND FOR OTHER PURPOSES. WHEREAS, Crawford Construction Company acting as the Construction Manager for the City of Van Buren,Arkansas advertised for bids for construction of a new police station within the City;and WHEREAS, the City Council approved the Mayor entering into a construction contract with Crawford Construction Company and sub contractors in the amount not to exceed$3,567,615.00 by Resolution#01-01-2014; and WHEREAS, the City desires to change the project as set forth in the final payments as attached hereto,by increasing the contract amounts by$70,094.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas accepts and approves the final payment of $500,478.77 for the new police station to Crawford Construction Company and subcontractors. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the new police station and to execute all documents necessary to effectuate said changes. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of (p for and 0 against,the foregoing Resolution at its regular meeting held on the 15th day of June 201 • Robe D.Freem.i — Mayor ATTESTED: APPR I • 0 FORM: 81111 Barbie Curtis Cand'-- A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT FOR CERTAIN DEMOLITION AND REPAIRS,WAIVING BIDDING REQUIREMENTS,DECLARING AND 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 Sparkman. 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 stated that we do not know what the total amount of damages are. The adjuster was out at the Field of Dreams complex about two weeks ago, so they are working up their numbers. He also stated that we set the contract amount for $100,000.00 because that is the amount of our deductible and we know it will exceed that. He said we will come back later and increase that contract amount once we know the total amount of damage. Alderman Swaim asked if the block walls could be saved and sprayed or treated. Paul Dunn replied that he believes they can. Also, Alderman Swaim commended Paul Dunn for being proactive and moving thousands of dollars' worth of equipment before it could be ruined. Alderman Petty asked if the $100,000.00 was just for demolition. Mayor Freeman replied that the $100,000.00 is not just for demo but rather for demo and then to start repairs after the demo is completed. Alderman Parker asked what buildings we are looking at repairing. Mayor Freeman stated the new multi-purpose building, softball press box, the pointer building (but not its contents), hospitality house, old football press box, and possibly the fields and fencing as well. Alderman Swaim ask if all the transformers were blown. Paul Dunn replied yes, but they have been replaced and the complex now has power back on. 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 Dodd, Sparkman, Parker, Petty, Moore and Swaim.Nays—none. The Mayor declared the motion carried as there were six (6) 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 Dodd, Sparkman, Parker, Petty, Moore and Swaim. 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 8-2015 ORDINANCE NUMBER 8-2015 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.2._ -2015 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT FOR CERTAIN DEMOLITION AND REPAIRS, WAIVING BIDDING REQUIREMENTS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren suffered severe flooding damage during the month of May 2015,which resulted in among other things,damage to the Field of Dreams Sports Complex,which needs immediate and substantial repairs;and WHEREAS, the City of Van Buren will be receiving insurance funds minus a one hundred thousand dollar deductible($100,000.00)that will cover the repairs to the facility; and WHEREAS, the City also expects to receive disaster assistance funds from the State and possible Federal sources to assist with the repairs;and WHEREAS, it would be impracticable and unfeasible to bid the demolition and for savings to the city to let bids on the repairs and the city needs to immediately begin repairs without any delays or any action by the City Council;and WHEREAS, section 14-58-303 of the Arkansas Code Annotated provides that"The governing body,by Ordinance,may waive the requirements of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical." NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council hereby waives the requirements of competitive bidding for the above described demolition and repairs as such a procedure is not deemed to be feasible or practical under the circumstances. SECTION 2: The Mayor and City Clerk are hereby authorized to enter into an agreement with Crawford Construction Company of Van Buren,Arkansas,for the demolition and repairs to the facility and to expend up to one hundred thousand dollars' ($100,000.00)of capital improvement funds. SECTION 3: The repairs and demolition hereto are deemed and found to be necessary for the immediate preservation of health,safety and welfare of the city,and as such an emergency is hereby declared,and this Ordinance shall take effect and be in full force upon and after its passage and approval. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of (p for and O against,the foregoing Ordinance at its regular meeting held on the 15th day of June 2015 k(-1'‘ Robert D.Freem")"jjj(an Mayor ATTESTED: APP' I ajity 0 FORM: Valli / LLLQC!Wth . iiv lb, Barbie Curtis all � an.ice A.Se le City Clerk/Treasurer City Attorney Next on the agenda was Boards and Commissions. The Van Buren Parks and Recreation Commission recommended the appointment of Doug Young to serve the remaining of a five year vacated term. Alderman Swaim seconded by Alderman Sparkman made a motion to grant the nominations. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Parker to appropriate the sum of$ 1,458,951.00 to pay expenses and salaries for May 2015, presented by the City Clerk. The Council followed with a unanimous vote. 6-03-2015 11:08 AM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE AS OF, .f s', 15 10 -General Fund •" MONTH TO DATE **5 ` YEAR TO DATE '+• ACCTS ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 89,841.68 266,713.64 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 -P 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24 1020.04 Veterans' Memorial-Act 934 0.00 10,298.16 1020.05 2009 Byrne Recovery Grant 4,200.00 0.00 1020.06 2009 Byrne Grant 0.00 0.00 1 t 1 5 1 >775•6 2+ 1020.07 2007 Byrne Grant 0.00 0.00 1 ,882•07+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 96,838•19+ 1020.09 District Cout Grant-Mediation 0.00 25.00 5,2905+ 1020.10 Cash in Bank - HDC 0.00 1,512.69 1020.11 Cash in Bank-RVBB 0.00 1,700.00 200,000•00+ 1020.12 Emergency Management Fund 0.00 0.00 2=156-07+ 1020.13 Cash In Bank-ACT 833 18,691.22 169,135.73 006 1020.14 Court Automation-District 4,177.57 73,921.15 1020.15 Cash in Bank-ACT 1314 0.00 e 7 s a J' •QQ" 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 1,476.18 1 1020.18 Cash in Bank - PD Co Tax 8,629 75 hill 43,006.08 1020.19 Cash in Bank - FD Co Tax 23,621.03 107,918.22 i 1020.20 Cash In Bank-Erosion Control 225.00 17,025.00 1020.21 Cash in Bank-CPAcademy 0.00 { 101.19 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 k 1020.27 Cash in Bank - Levee 0.00 9,245.26 ,1 1020.28 Marina Repairs 0.00 10,495.60 tl I, 1020.29 Property Maintenance-Scrap 0.00 ' 63.25 1020.30 Field of Dreams-Equipment 0.00 1,198.34 i,; 1020.31 Cash in Bank - Parks & Rec 77.16 4,759.01 til 1020.32 GIF 11,630.00 26,623.00 1{ 1020.33 Cash in Bank-Yard Waste 9,092.3`2 245,273.73 II 1020.51 Cash in Bank - Cemetery 177.00 4,100.57 1020.91 Cash in Bank - Cap Imp 52,025.11 1,557,569.81 t 1040 Inve stments 0.00 0.00 Viii 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 j 1040.27 Investments - Levee 0.00 0.00 1040.31 Investments - Parks & Rec 0.00 0.00 I1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 154.16 375,277.21 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 1.76 2.24 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 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. Alderman Parker asked about the fireman that was injured in May. Mayor Freeman said he did not know the specifics, but it was not as severe as the one who is still out from shoulder surgery. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman stated that the new tornado siren that was purchase with money from Senator Rice is on site but not erected yet. It is tentatively scheduled to be erected Thursday. Alderman Parker asked about the retaining wall behind the Palmer's house. Mayor Freeman said that they are still working on obtaining information about that. Alderman Dodd expressed concern if this wall was to collapse that it could cause serious injury. Mayor Freeman noted that it would also cause major flooding. Alderman Dodd asked if there was any precautions we could take such as closing the street. Mayor Freeman said that the street can be closed and the area barricaded. Alderman Petty asked if any council action was needed for this. Mayor Freeman stated no. Alderman Petty asked City Planner Joe Hurst when he thought another rendition of the sidewalk project would be published. Joe Hurst stated they planned to meet again next month, so it will be after then. There being no further business, motion was made by Alderman Parker and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:35 p.m. ATTESTED: PRO D: (66/1Z2:11 CITY CLERK-TREASURER MAYOR 4111111111110�`�