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09 September 2016 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING SEPTEMBER 19, 2016 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, September 19, 2016 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 Phyllis Thomas 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. Brian Boster of the Van Buren Fire Department. Next, Mayor Freeman then led the Pledge of Allegiance. Mayor Freeman then asked to adopt the minutes of the Council Meeting on August 22, 2016. Alderman Dodd made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call,the following Council members voted aye: Alderman Moore, Swaim, Dodd, 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 stated the four vehicles are excess older vehicles no longer needed by the department,the lawnmower is in disrepair,the old ladder truck was traded in and the thermal imaging camera is obsolete. Chief Tim Arnold stated they were going to look at donating the camera to a rural fire department. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, 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 9-1-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. ( - / -2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE 1111, MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM 1'131,CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR 01H1✓R 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# Fire Department $11,626.00 1994 Chevy Truck 4x4 FD1-153 VIN#1 GCEK14Z4RZ177643 Fire Department $24,696.00 2000 Dodge Durango FD1-262 VIN#1 B4HS28N8YF 1895 5 8 Fire Department $2,278.50 2006 Poulan Lawn Mower FD1-325 VIN#020305B001295 Fire Department $20,304.00 2003 Crown Victoria/White FD1-377 VIN#2FAFP71 W03X188936 Fire Department $21,522.00 2002 Crown Victoria/White FDI-382 VIN#2FAFP71W82X151325 Fire Department $416,101.00 1997 E-One Fire Truck FD1-196 VIN#4EN3AAA86V 1007931 Fire Department $9,995.00 Thermal Imaging Camera FD1-291 SN#C1262-CH573 IN WTTNES$WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt by a vote of(a for and U against the foregoing R so.tion at its regular Bering held on the 19°i day of September 2016. Robert D.Free.... Mayor ATTESTED: • h ''PRO D AS '5 e• : Phylfis'Thomas Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN VEHICLES FOR THE CITY OF VAN BUREN POLICE DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman stated this will allow us to rotate three of the higher mileage vehicles out of the Police Department. Alderman Parker asked if three vehicles would be going. Mayor Freeman clarified they would be transferred out to other departments much like the older vehicles we are removing from the Fire Department. 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 Moore, Swaim, Dodd, 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 9-2-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. (-02-2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN VEHICLES FOR 1'HH, CITY OF VAN BUREN POLICE DEPARTMENT, THROUGH [HE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of certain police vehicles,for the safety of life and protection of property by the City of Van Buren Police Department;and WHEREAS, the City of Van Buren desires to purchase(3)2017 Ford Police Interceptor Utility vehicles,for the price of$25,985.00 each as set forth in attachment"A"hereto; and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicles through the state purchase contract,pursuant to ARK.CODE ANN. § 19-11-249,and the City has decided that it is in its best interest to purchase the above listed vehicles via the 2016 Arkansas State Contract,Award No.SP-16- 0001. NOW, IBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need of the vehicles set forth above. SECTION 2: Said Ford Police Interceptors are to be purchased via the 2016 Arkansas State Contract, Award No. SP-16-0001, from North Point Ford for the total sum of $77,955.00 from Capital Improvement Funds. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents, contracts, and agreements necessary to effectuate this action. IN WITNESS WHEREOF,th9 City of Van Buren Arkansas,by its City Council,did pass,approve,and adopt,by a vote of for and O st,the foregoing Resolution at its regular meeting held on the 19`"day of September 2016. Robert D.Free a an -.Ilk Mayor ATTESTED: • ' 'RO 1 AS TO FORM: n 11111111111,40111" � PhfllYs Thomas Candice •.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION TO AMEND RESOLUTION 02-05-2016 ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31, 2015; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained this was an overlay project that was contracted and completed in December of 2015 but not invoiced for until January 2016. Legislative Audit has recommended we include that amount as a payable for 2015. We will not include this amount in our 2016 budget. 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 Moore, Swaim, Dodd, 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 9-3-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. [ - 3-.2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AMEND RESOLUTION 02-05-2016 ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31,2015;AND FOR OTHER PURPOSES. WHEREAS, the Van Buren City Council passed Resolution 02-05-2016 to adopt a revised budget for the year ending December 31,2015;and WHEREAS, an accounts payable to Foresgren,Inc.that was paid in January 2016 in the amount of$457,255.62 should have been included in the 2015 revised budget for the Street Fund. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The amount of the Street Fund in the 2015 Revised Budget that was passed by Resolution 02-05-2016 is amended to read$2,071,193.04. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents necessary to effectuate this Resolution. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass approve,and adopt,by a vote of for and 6 against,the foregoing Resolution at its regular meeting held on the 19th day of September 2016. 4 Robert D.Free--�� Mayor ATTESTED: AP' •O &•S I .l '. : Phyllis Thomas .. ace A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF VERSALIFT SOUTHWEST L.L.C. FOR THE PURCHASE OF AN AERIAL LIFT TRUCK FOR THE VAN BUREN STREET DEPARTMENT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained the current lift truck we have will not pass upcoming inspection without $25,000 of rehabilitation. Also, our current lift truck is not tall enough to service our traffic signals. This lift truck is actually one of the cheaper options and it meets our needs. 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 Moore, Swaim, Dodd, 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 9-4-2016 CITY OF VAN BUREN,ARKANSAS N,c RESOLUTION NO.(-q_2016 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE BID OF VERSALIFT SOUTHWEST L.L.C.FOR THE PURCHASE OF AN AERIAL LIFT TRUCK FOR Hilt VAN BUREN STREET DEPARTMENT;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for the purchase of an aerial lift truck for the Street Department;and WHEREAS, one bid was received and opened in accordance with Arkansas law and Versalift Southwest L.L.C.was the only bidder meeting the bid specifications. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas accepts the bid of$86,067.00 plus applicable sales tax as submitted by and Versalift Southwest L.L.C.as set forth in'Exhibit A"attached hereto. 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 purchase and to execute all documents necessary to effectuate the agreement. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of�D for and 0 against,the foregoing Resolution at its regular meeting held on the 19th day of September 2016. Robert D.F Mayor ATTESTED: ' ' VED AS TO FORM: `hy a. oma, , •��c�� Ph is Thomas City Clerk/Treasurer andice A. ettle City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR A CONSULTANT TO PREPARE A MARKET ASSESSMENT DOCUMENT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained there is an approximate balance of$42,000 of federal funds which was earmarked about 20 years ago for a port study. If the city doesn't use the funds we will lose them. Mr. Mat Pitsch, Director of RITA and an Arkansas State Representative stated that he has been working on this project for about six years with the Corps of Engineers and they are now ready for us to proceed. Mr. Pitsch explained the funds will be used as a marketing tool, to determine if any investors are interested. Alderman Swaim seconded by Alderman Petty moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, 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 9-5-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. q _s _2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR A CONSULTANT TO PREPARE A MARKET ASSESSMENT DOCUMENT. WHEREAS, the Mayor of Van Buren and the Regional Intermodal Transportation Authority desire to advertise for a consultant to prepare a Market Assessment Document for a proposed Inland Port and Intermodal Project located near Van Buren,Arkansas. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized and directed to advertise for a consultant toprepare a Market Assessment Document for a proposed Inland Port and Intermodal Project located near Van Buren,Arkansas(Exhibit A). SECTION 2: The cost of the advertisement will be paid the by Western Arkansas Planning and Development District. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of Co for and 0 against,the foregoing Resolution at its regular meeting held on the 19th day of September 2016. Robert D. � - Mayor ATTESTED: 'PR. "EI)AS 't FORM: Phyllis Thomas City Clerk/Treasurer Candice A.Se e City Attorney On the agenda next was to consider AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,880,000 WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2016, BY THE CITY OF VAN BUREN, ARKANSAS; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. 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 Petty. 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 Dodd. 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. Steve Dufresne of the Van Buren Municipal Utilities pointed out this is basically a refinancing, with a savings of over$50,000 per year, and a savings of over$500,000 for ten years. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty. 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 Swaim and seconded by Alderman Moore, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, 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 11-2016 ORDINANCE NUMBER 11-2016 CONTINUED City of Van Buren,Arkansas ORDINANCE NO.11-2016 AN ORDINANCE AUTHORIZING THE ISSUANCE OF$6,880,000 WATERWORKS AND SEWER SYSTEM REV- ENUE REFUNDING BONDS,SERIES 2016,BY THE CITY OF VAN BUREN,ARKANSAS; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS;AUTHORIZING THE SALE OF THE BONDS AND THE EXECU- TION OF A BOND PURCHASE AGREEMENT; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY WHEREAS,the City of Van Buren,Arkansas owns a water and sewer system which is operated and maintained as a single,integrated municipal undertaking (the"System") on behalf of the City by the Van Buren Water and Sewer Commission(the"Commission");and WHEREAS,pursuant to the Constitution and laws of the State of Arkansas,including particularly the Lo- cal Government Capital Improvement Revenue Bond Act of 1985,as amended,the City is authorized to issue its bonds to finance capital improvements to the System,to pledge the revenues of the System to the repayment of the bonds,and to issue bonds to refund bonds issued for such purpose;and WHEREAS,the City presently has outstanding its Waterworks and Sewer Capital Improvement Reve- nue Bonds,Series 2007(the"Series 2007 Bonds")and its Waterworks and Sewer Capital Improvement and Refunding Revenue Bonds,Series 2004(the"Series 2004 Bonds");and WHEREAS,the City has determined that it can achieve significant interest savings by refunding the Ser- ies 2007 Bonds by issuing its Waterworks and Sewer System Revenue Refunding Bonds,Series 2016, dated as of their date of delivery(the"Bonds"),in the principal amount of$6,880,000;and WHEREAS,the parity provisions relating to the Series 2004 Bonds have or will be met so that the Bonds shall be issued on a parity of security with the Series 2004 Bonds;and WHEREAS,the City has made arrangements for the sale of the Bonds to Raymond James&Associates, Inc.(the"Underwriter"), pursuant to a Bond Purchase Agreement,which has been presented to and is before this meeting;and WHEREAS,the City desires to accept the Underwriter's offer to purchase the Bonds and to authorize the issuance of the Bonds and the execution and delivery of various documents pertaining to the issu- ance of the Bonds;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, as follows: Section 1.The issuance of the Bonds in the aggregate principal amount of$6,880,000 is'hereby author- ized for the purpose of accomplishing the refunding of the Series 2007 Bonds,and the Mayor and City Clerk are hereby authorized to execute,by manual or facsimile signature,and deliver the Bonds to or upon the direction of the Underwriter.The Bonds shall be not general obligations of the City,but shall be special obligations, payable from and secured by the revenues of the System on a parity of security with the Series 2004 Bonds.The Bonds shall be dated as of their date of delivery,and shall be issued in the form and denominations, shall be numbered, and shall be subject to optional redemption prior to maturity all upon the terms and conditions set forth in the Bond Purchase Agreement and Trust Inden- ture, which are identified and authorized below. The Bonds shall mature on the dates and in the amounts and shall bear interest at the rates as follows: Due December 1 Principal Amount Interest Rate . 2017 $555,000 2.000% 2018 565,000 2.000 2019 ' 575,000 2.000 2020 585,000 2.000 2021 600,000 2.500 2022 615,000 4.000 2023 640,000 3.000 2024 660,000 3.000 2025 675,000 3.000 2026 695,000 3.000 2027 715,000 3.000 Section 2.The Bonds shall be sold pursuant to the specific terms and conditions set forth in a Bond Purchase Agreement, dated September 19,2016(the"Bond Purchase Agreement"), between the City and the Underwriter, for the purchase price of 106.033% of the principal amount thereof ($7,295,040.00). The Mayor is hereby authorized and directed to execute the Bond Purchase Agree- ment on behalf of the City in substantially the form submitted at this meeting.An executed copy of the Bond Purchase Agreement shall be filed in the permanent records of the City and kept by the City Clerk. Section 3.To prescribe the terms and conditions upon which the Bonds are to be executed,authenticat- ed,delivered,issued,accepted,held,and secured,the Mayor is hereby authorized and directed to exe- cute and acknowledge a Trust Indenture,dated as of October 1,2016,by and between the City and Citi- zens Bank&Trust Co.,as Trustee,and the City Clerk is hereby authorized and directed to execute and acknowledge the Trust Indenture and to affix the seal of the City thereto,and the Mayor and City Clerk are hereby authorized and directed to cause the Trust Indenture to be accepted, executed, and ac- knowledged by the Trustee.The Trust Indenture is hereby approved in substantially the form submit- ted at this meeting,and the Mayor and City Clerk are hereby authorized,upon the advice of bond coun- sel,to confer with the Trustee and the Underwriter in order to complete the Trust Indenture with such modifications as shall be approved by the Mayor and City Clerk,their execution to constitute conclu- sive evidence of such approval. ORDINANCE NUMBER 11-2016 CONTINUED Section 4.There is hereby authorized and approved a Preliminary Official Statement of the City,includ- ing the cover page and appendices attached thereto, relating to the Bonds. The Preliminary Official Statement is hereby "deemed final" withthe meaning of U.S.Securities and Exchange Commission Rule 15c2-12. The distribution of the Preliminary Official Statement is hereby ratified and approved. The Preliminary Official Statement,as amended to conform to the terms of the Bond Purchase Agree- ment, including Exhibit A thereto, and with such other changes and amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the"Official Statement" and the Mayor is hereby authorized to execute the Official Statement for and on behalf of the City. The Offi- cial Statement is hereby approved in substantially the form of the Preliminary Official Statement sub- mitted to this meeting,and the Mayor is hereby authorized to confer with the Trustee and the Under- writer in order to complete the Official Statement in substantially the form of the Preliminary Official Statement submitted to this meeting with such changes as shall be approved by such persons,the May- or's execution to constitute conclusive evidence of such approval. Section 5.All actions heretofore taken by the City and the Underwriter in connection with the offer and sale of the Bonds are hereby in all respects ratified and approved. Section 6.The City hereby calls for redemption prior to maturity on December 1,2017,the outstanding Series 2007 Bonds and instructs the trustee for the Series 2007 Bonds to provide notice of the redemp- tion. Section 7.The Escrow Deposit Agreement dated as of October 1,2016,by an between the City and Citi- zens Bank&Trust Co.as Escrow Deposit.Trustee, in substantially the formsubmitted at this meeting, and the Continuing Disclosure Agreement of the City,dated as of October 1,2016,in substantially the I.form attached to the Official Statement,in each case with such modifications as shall be approved by the Mayor and the City Clerk by the person executing the documents,his or her execution to constitute to conclusive evidence of such approval,are hereby authorized and directed to execute and deliver the Escrow Deposit Agreement and the Continuing Disclosure Agreement,and to cause the Escrow Deposit Agreement to be accepted and executed by the Escrow Deposit Trustee. Section 8.The appointment of Citizens Bank&Trust Co.to serve as Trustee and Escrow Deposit Trust- ee is hereby approved. Section 9.The Mayor and City Clerk,for and on behalf of the City,are hereby authorized and directed to do any and all things necessary to effect the execution and delivery of the Bonds,the Bond Pur- chase Agreement, and the Trust Indenture; the execution, delivery, and distribution of the Official Statement;the execution and delivery of such other papers and documents necessary to effect the is- suance of the Bonds and the refunding of the Series 2007 Bonds,including, particularly, an undertak- ing;to make available certain financial information and operating data upon request and to provide no- tice of certain events;and the performance of all acts of whatever nature necessary to effect and car- ry out the authority conferred by this Ordinance.The Mayor and the City Clerk are hereby further au- thorized and directed,for and on behalf of the City,to execute all papers,documents,certificates,and other instruments that may be required for the carrying out of such authority or to evidence the exer- cise thereof. Section 10.In order to secure lower interest rates on the Bonds,the Underwriter has proposed that the City purchase a policy of municipal bond insurance from Assured Guaranty Municipal Corp.(the"Mu- nicipal Bond Insurance Policy")with a portion of the proceeds of the Bonds which policy would guaran- tee the payment of principal and interest on the Bonds when due. Additionally, the Underwriter has proposed that the City purchase a debt service reserve insurance policy(the"Reserve Policy")from As- sured Guaranty Municipal Corp.,which would substitute for the deposit of funds necessary to meet the debt service reserve fund requirement Accordingly, the Mayor is hereby authorized to execute the Municipal Bond Insurance Policy and the Reserve Policy commitments and to do any and all other things necessary to accomplish the delivery the Municipal Bond Insurance Policy and the Reserve Poli- cy with respect to the Bonds. Section 11.The City Clerk shall maintain,as a part of the minutes of the meeting at which this Ordi- nance is adopted,and in the permanent records of the City,for inspection by any interested person,a copy of the Trust indenture,the Official Statement,and the Bond Purchase Agreement Section 1L The City herebydeclares its expectation and intention that bonds Issued and to be Issued by the City during calendar year 2016 will not in the aggregate exceed $10,000,000 in principal amount, and the City hereby declares the Bonds to be"qualified tax-exempt obligations" within the meaning of section 265(b)of the Internal Revenue Code of 1986,as amended. Section 13. The provisions of this Ordinance are hereby declared to be severable, and if any section phrase or provision shall for any reason be declared to be illegal or invalid,such declaration shall not affect the validity or the remainder of the sections,phrases or provisions of this Ordinance.All ordinan- ces,resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such con- flict Section 14.The City Council hereby determines that the City can achieve significant interest savings by refunding the Series 2007 Bonds;that an appropriate way to achieve such savings is by the issuance of revenue bonds payable from revenues of the System as authorized by the Act and that this ordi- nance shall be given immediate effect so that such savings may be secured as soon as possible.There- fore,an emergency is hereby declared to exist and this ordinance, being necessary for the immediate preservation of the public health,safety,and welfare,shall be in full force and effect from and after its passage and approval. ADOPTED:September 19,2016 By:Robert Freeman,Mayor Attest Phyllis Thomas,City Clerk Published in the September 24,2016 issue of the Press Argus-Courier. • On the agenda next was to consider AN ORDINANCE AUTHORIZING THE . CITY OF VAN BUREN MUNICIPAL UTILITIES TO PROCEED WITH THE PURCHASE AND REPLACEMENT OF THREE BAFFLE CURTAINS LOCATED AT THE CITY'S MAIN (SOUTH) WASTEWATER TREATMENT PLANT,DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE BIDDING. The Clerk read the Ordinance in its entirety. Alderman Moore 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 Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Aldeiuian 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. Steve Dufresne with Van Buren Municipal Utilities explained the cost is approximately $150,000 for all three curtains, materials and installation. The life expectancy of the three curtains is approximately 15-20 years. Once the ordinance is passed,the work can begin in about two weeks. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty.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 Moore and seconded by Alderman Dodd, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, 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 12-2016 CITY OF VAN BUREN,ARKANSAS NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: ORDINANCE NO.1Z-2016 SECTION 1: The City Council hereby waives the requirements of competitive bidding for the BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: above described project,as such a procedure is not deemed to be feasible or practical under the circumstances. AN ORDINANCE AUTHORIZING THE CITY OF VAN BUREN MUNICIPAL UTILITIES TO PROCEED WITH THE PURCHASE AND SECTION 2: The Mayor and City Clerk hereby authorize the City of Van Buren Municipal REPLACEMENT OF THREE BAFFLE CURTAINS LOCATED AT THE Utilities to purchase materials and employ a contractor and to pay all expenses CITY'S MAIN (SOUTH) WASTEWATER TREATMENT PLANT relating to this project. DECLARING AN EMERGENCY AND WAIVING OPEN-COMPETTITVE BIDDING. SECTION 3: The purchase of materials and employment of a contractor hereto is deemed and found to be necessary for the immediate preservation of health,safety and welfare WHEREAS, the City of Van Buren Municipal Utilities has identified that all three baffle of the City,and as such an emergency is hereby declared,and this Ordinance shall curtains in the lagoon at the City's Main(South)Wastewater Treatment Plant take effect and be in full force upon and after its passage and approval. have become damaged and are no longer functioning as designed;and - and thoroughinspectionIN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did WHEREAS, a complete has determined that all three baffle curtains pass,approve,and adopt,by a vote of(e for and O against,the foregoing Ordinance at its cannot be repaired and should be replace;and Regular Meeting held on the 19'"day of September 2016. WHEREAS, the replacement of all three baffle curtains is necessary in order maintain the proper flow and retention of wastewater in the Main(South)Plant's treatment process;and - Robert D.Free - Mayor WHEREAS, since the failure of the wastewater treatment process could cause adverse health effects and the City to be in non-compliance with the NPDES Permits,it is necessary to implement and complete replacement as soon as possible;and ATTEST: >'PR r,']'I y��1 ORM: professional ! - WHEREAS, a cost estimate has been prepared by JPS Industries and reviewed by _` Q� Settle engineers employed by the City of Van Buren Municipal Utilities Commission; p(�,luras -.ce A.Settle and ' City Clerk/Treasurer City Attorney WHERAS, it would be impracticable and unfeasible to bid this project at this stage and the City needs to immediately begin construction of this project without any delays; and WHEREAS, the City of Van Buren Municipal Utilities Commission have by resolution,a copy of which is attached hereto,recommended that the City Council waive competitive bidding because of the urgent circumstances and authorize the City of Van Buren Municipal Utilities to employ a contractor to proceed with necessary purchase and replacement;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." 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, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Sparkman 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 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. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty.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 Petty,that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, 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 13-2016 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. -2016 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: 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, DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, A.C.A§14-42-107 requires an ordinance be enacted specifically permitting the conducting of any business between an official or employee of the city and the City of Van Buren;and WHEREAS, the City of Van Buren wishes to conduct business,on an ongoing basis,with Arkansas Mill Supply Company,where Mr.Mike Richmond is employed and he is also the brother of Ms.Phyllis Thomas,Van Buren City Clerk-Treasurer,and WHEREAS, it is the desire of the Administration and the Van Buren City Council that compliance with A.C.A.§14-42-107 is satisfied for the conducting of all city business;and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren,Arkansas and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY 173E CITY COUNCIL OF TILE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION I Arkansas Mill Supply Company,where Mr.Mike Richmond is employed and he is also the brother of Ms.Phyllis Thomas,Van Buren City Clerk-Treasurer,is hereby authorized to conduct business with the City of Van Buren. SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren, Arkansas,and necessary in providing for the immediate preservation of the public peace, health,and safety,an emergency is declared to exist and this Ordinance shall take effect and be in force after its passage and approval. 'f IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of (A for and () a_•ainst,the foregoing Ordinance at its regular meeting held on the 19th day of September 2016. RobertD.F _.. .- Mayor AIIBSTED: APPROVED.vt. !'':t: Phy Thomas Th� Can.7 A.Settle City Clerk/Treasurer City Attorney • On the agenda next was to consider AN ORDINANCE TO ABANDON A PUBLIC ALLEYWAY IN THE MCGEE ADDITION,INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS. 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 Moore. 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 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. City Attorney Candice Settle stated she cannot recommend the passage of this ordinance until the city has obtained utility easements. City Planner, Joe Hurst stated he assumed the owner would re-file the plat, and he has the necessary easement documents ready to file. Andy Greenwood, the property owner, stated he has gone through all the re-platting steps and it has been amended, and has made copies available. He also said the proposed easements are ready to be signed. There was discussion between Joe Hurst and City Attorney Settle about the utility easements. Based upon Joe Hurst's explanation of the replatting and the utility easements, City Attorney Settle accepted the explanation and the council moved forward. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty. 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 14-2016 CITY OF VAN BUREN,ARKANSAS NOW,II4RREFORE,BE IT ORDAINED BY 111E CITY COUNCIL OF 111E CITY OF ORDINANCE NO.I 1-2016 VAN BUREN,ARKANSAS,THAT: BE TT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: SECTION 1: The City of Van Buren,Arkansas,hereby releases,vacates,and abandons all its rights, AN ORDINANCE TO ABANDON A PUBLIC ALLEYWAY IN THE together with the rights of the public generally,in and to the public alleyway specifically MCGEE ADDITION,INSIDE THE CITY OF VAN BUREN,CRAWFORD described above. COUNTY,ARKANSAS. SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas,by Andy shall be filed in the Miscellaneous Records of the Circuit Clerk of Crawford County, Greenwood to vacate and abandon the public alleyway along certain lots inside the McGee Addition more particularly described as follows: Description of Existing 20.00 Foot Alleyway IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, Part of a certain Alleyway lying between Lot 7,Block 2,Edgewood place and approve,and adopt,by a vote of 6 for and() against the foregoing Ordinance at its regular meeting Lots 1 and 2,Block 27 and the West 40.00 feet of Lot 3,Block 27,McGee held on the 19'"day of September 2016. Addition to the City of Van Buren,Crawford County,Arkansas being more particularly described as follows: Beginning at the Southwest corner of Lot 7,Block 2,Edgewood Place.Thence along the South line of said Lot 7,South 86 degrees 06 minutes 56 seconds East, Robert D. 140.00 feet to the Southeast corner of Lot 7. Thence South 03 degrees 53 Mayor minutes 04 seconds West,20.00 feet to the North line of Lot 3,block 27,McGee Addition.Thence along said North line and along the North line of Lots 2 and 1 of said McGee Addition,North 86 degrees 06 minutes 56 seconds West,140.00 ATTESTED: ••• D AS ii '+RM: feet to the Northwest corner of Lot I of said McGee Addition. Thence North 03 degrees 53 minutes 04 seconds East,20.00 feet to the Point of Beginning Nim = e �►i 'and Phyllis Thomas u: .ice A.Settle City Clerk/Treasurer City Attorney WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard on the question of abandoning the alleyway in the hereinabove subdivision,and has ascertained that the public alleyway hereinabove designated has therefore been dedicated to the public use as a public alleyway and that the same has not been used for a period of more than five(5)years preceding this date;and that the owners of the property abutting the public alleyway to be abandoned have filed with the City Council or have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by abandonment of said public alleyway;and WHEREAS, the City Council of Van Buren,acting under the authority of A.C.A.14-199-103 and A.C.A.14-301-302,has the authority to abandon public alleyways or segments thereof. On the agenda next was to consider AN ORDINANCE ALLOWING THE MAYOR TO CONTRACT WITH MOORE CONTRACTING COMPANY,INC. FOR STREET IMPROVEMENTS; WAIVING COMPETITIVE BIDDING; 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 Parker moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Dodd. 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. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty.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 Swaim and seconded by Alderman Petty, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Moore, Swaim, Dodd, 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 15-2016 `-••+"+' `'"r`uuxar.,einr.,u.oeW SECTION 3: In order to contract repairs hereto,at the amounts herein,it is further found that there is an ORDINANCE NO. -2016 immediate need and as such an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety,and welfare,shall take full effect from and after its passage and approval. BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS AN ORDINANCE TO BE ENTITLED: IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, AN ORDINANCE ALLOWING THE MAYOR TO CONTRACT WITHlu approve,and adopt,by a vote of for andZ against the foregoing Ordinance at its regular MOORE CONTRACTING COMPANY, INC. FOR STREET meeting held on the 19th day of September 2016. IMPROVEMENTS; WAIVING COMPETITIVE BIDDING; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Missouri Railroad has contracted with Crawford Construction for improvements Robert D.F to the area of Washington and 6ih Street within the city limits of Van Buren,Arkansas;and Mayor WHEREAS,the City of Van Buren is participating in the costs of said project;and WHEREAS,Moore Contracting Company,Inc.is serving as a subcontractor for asphalt repairs;and ATTESTED: APP' TO FORM: 116,WHEREAS, while the contractor is mobilized and on site,improvements to South 6°i and Knox Streets are in the best interest of the city and will benefit the health,safety and welfare of the citizens of Van Ph`yl is Thomas Candice A.Settle Buena and are not included in the current contract;and City Clerk/Ireasurer City Attorney WHEREAS, the City Council has determined,pursuant to ARK.CODE ANN.§ 1458-303(b)(2)(B)that exceptional circumstances exist,specifically the on-going nature of this project,which renders the formal competitive bidding process impractical and/or unfeasible;and WHEREAS, a state of emergency exists because the street repairs and improvements herein are needed immediately to provide for the health,safety,and welfare of the citizens of Van Buren and to preserve the property of the city. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY Flit CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION1:The City Council in accordance with the terms of ARK.CODE ANN§14-58- 303(b)(2)(B),hereby waives the requirement of competitive bidding in this particular case,as such procedure is not deemed feasible or practical,and hereby authorizes and directs the Mayor to contract for the above described improvements. SECTION 2: The Mayor is hereby duly authorized to contract in the amount of$27,834.21,with Moore contracting Company,Inc.as appropriated herein,to be paid out of Municipal Highway Funds,and to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. Next on the agenda was Boards and Commissions. The Housing Authority Board recommended the appointment of Wendall Westfall to fill Kevin Clifton's vacated position. Alderman Petty seconded by Alderman Sparkman made a motion to grant the nominations. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Moore to appropriate the sum of$ 1,316,758.31 to pay expenses and salaries for August 2016,presented by the clerk. The Council followed with a unanimous vote. it 9-06-2016 01:16 PM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE' AS OF: AUGUST 31ST, 2016 10 -General Fund li *** MONTH TO DATE *** *** YEAR TO DATE *** I'' ACCTM ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS II ASSETS .• [I 1000 Petty Cash 0.00 200.00 0-00G+ A 1020 Cash in Bank 4,744.01 147,010.81 1020.01 Cash In Bank-Ins. Reimb. 0.00 115,615.22 _ 1 1020.03-Cash In Bank-ASP's6Walmart Gra 0.80 79.24 i 1020.04 Veterans' Memorial-Act 934 0.00 11,848.16 1 ' 00 8 ,7 0 1 . 32 . • 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1 ' 9 00 • 1 2 1020.06 2009 Byrne Grant 0.00 0.00 199 , 254 ,06' 254 '06 1020.07 2007 Byrne Grant 0.00 0.00 I! 1020.08 Cash in Bank- Storm Damage 0.00 0.00 0•00 + 1. I 1020.09 District Cout Grant-Mediation 0.00 25.00 4 4 0•0 0 I1020.10 Cash in Bank- HOC 4,149.57 1,443.03 900 .00 T j 1020.11 Cash in Bank-KVBB 0.00 5,100.00 1 0•00 + I 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 0.00 85,516.49 101 , 763-22 + ', 1020.14 Court Automation-District 13,271.75 52,706.44 3 ,799- 59 1,1 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1 `3 1 6 ' ':5 8* 3 1 G A 1020.16 AR Dept of Rural Services 0.00 0.00 I. 1020.17 New Police Dept 0.00 0.00 I 1020.18 Cash in Bank- PD Co Tax 17,458.22 48,505.13 0•00G+ �T 1020.19 Cash in Bank - FD Co Tax 25,409.30 178,438.54 II 1020.20 Cash In Bank-Erosion Control 150.00 20,650.00 1020.21 Cash in Hank-CPAcademy 0.00 0.00 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 • 1. 1020.27 Cash in Bank- Levee 0.00 9,789.93 1020.28 Marina Repairs 0.00 10,495.60 _ 1020.29 Property Maintenance-Scrap 0.00 365.06 1020.30 Field of Dreams-Equipment 1,875.00 5,502.96 1020.31 Cash in Bank - Parks & Rec 0.00 136.72 1020.32 GIF 0.00 89.43 1020.33 Cash in Bank-Yard Waste 2,832.36 207,109.59 1020.51 Cash in Bank - Cemetery 2,226.80 8,406.51 1020.91 Cash in Bank -Cap Imp 189,348.71 1,063,970.85 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 & Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 160.30 377,637.68 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 0.46 0.00 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. Next on the agenda was Miscellaneous and General Discussion. The council had several requests for street closings to consider. First, a request from First Baptist Church to close streets for their fall festival on October 23, 2016. Motion was made by Alderman Swaim and seconded by Alderman Parker to approve the request. The council followed with a unanimous vote. Second, a request from TOTMA to close streets for their carnival on Webster Street on October 7-9, 2016. Motion was made by Alderman Dodd and seconded by Alderman Parker to approve the request. The council followed with a unanimous vote. Also from TOTMA, a request to close streets for their cruise/car show on October 22, 2016. Motion was made by Alderman Dodd and seconded by Alderman Swaim to approve the request. The council followed with a unanimous vote. Lastly, a request from King Elementary to close streets for their Run with the Knights 5K on February 25, 2017. Motion was made by Alderman Petty and seconded by Alderman Swaim to approve the request. The council followed with a unanimous vote. Mrs. Melissa Nuckolls presented a cellphone video of the South 40th drainage ditch issue. Mayor Freeman confirmed the Terry Street ditch is documented on the Terry Addition plat. There was discussion between Mrs.Nuckolls, Mayor Freeman and Wayne Sandusky of the Van Buren Street Department regarding Cox Communication lines, and access to a fence. Mr. Sandusky will be meeting with Cox next Monday, September 26th, regarding the cable line. Alderman Petty stated he did drive by and observe the ditch in question. Mayor Freeman stated once the cable line is moved, then work can begin on cleaning the ditch in question. Mrs. Nuckolls also stated she is a second grade teacher, and she passed out some drawings and work done by her second grade students. Rebecca Kaszubowski, whose address is 1106 Vista Ridge Drive, Alma, Arkansas appeared at the council meeting, representing a group of people who are concerned about animals in Van Buren. She gave a presentation of information regarding River Valley Animal Coalition, and stated she has received a$68,000 grant from PetSmart in the past, to help with her organization's cause. She would like to see "Animal Control" changed to "Animal Welfare", and her proposal will benefit the dogs, as well as the people of Van Buren. Ms. Kaszubowski asked the City of Van Buren to help her organization provide a solution to the euthanizing of adoptable pets. Mayor Freeman stated the city is in favor of this, and he added that about half of the dogs are returned to their owners, and some go to the Sebastian County Humane Society. The city has sent 72 dogs to the Humane Society this year. The Mayor also pointed out that all dogs must be spayed or neutered before they can be adopted from the animal shelter, according to Arkansas state law. This creates an issue with the expense of spaying and neutering. Ms. Kaszubowski assured the city that every animal would be spayed or neutered. She explained the costs can be offset by adoption fees, fundraisers and possibly grants. Alderman Swaim asked Ms. Kaszubowski what she needed from the City of Van Buren. She proposed a partnership between her organization and the City of Van Buren. She would like to start with the city's animal facility, and build and expand from there. Her goal is to establish a program that can be rejuvenated and continue for years after we are all gone. Alderman Petty asked what happens when the volunteer base disappears, and how does she propose dealing with liability issues, such as dog bites. Ms. Kaszubowski stated there are a lot of details to be ironed out, involving training, forms to be signed, screenings, grant applications, etc. Alderman Swaim asked how many dogs have been picked up this year. Officer Steve Gunter of Code Enforcement quoted the following information: 386 dogs were picked up in 2015, with 154 of those being returned to their owners. 287 dogs have been picked up as of August this year, and 146 have been returned to their owners. Alderman Petty proposed establishing a task force to study this proposal. Mayor Freeman agreed, and stated we must keep this on a volunteer basis. Otherwise, the city would have to cut services elsewhere in order to fund this proposal. The Mayor added that the volunteer organization can also work with the Sebastian County Humane Society. He stated the city is more than willing to help, if Ms. Kaszubowski can pull the volunteer organization together. Alderman Dodd thanked Ms. Kaszubowski for coming to the meeting. Alderman Swaim and Dodd commented that the city's volunteer application was very nice. Alderman Parker stated it is much appreciated. Alderman Parker also commended the yard pick up crew for picking up limbs and leaves. Mayor Freeman stated that the city needs to provide information to the city's property owners regarding lawn debris pickup. There will be information inserted with the customer's water bills, as well as door hangers explaining the procedures to follow. 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 6:57 p.m. ATTESTED: PR VED: 1/4/24,1-(4-t2i)ofoc-a-- dll CIfY CLERK-TREASURER MAYOR