09 September 2017 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING SEPTEMBER 25, 2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday,
September 25, 2017 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 Wood,
Sparkman, Petty, Moore and Swaim. City Clerk-Treasurer Phyllis Thomas and City Attorney
Candice Settle were present. Alderman Kneeland was absent. This made a total of eight(8)
present. A quorum was declared.
The invocation was given by Mr. Dee Carroll of the Crawford County Literacy Council.
Mr. Carroll then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on
August 28, 2017. Alderman Swaim made a motion to approve the minutes. Alderman Petty
seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim,
Wood, Sparkman, Petty and Moore. The following voted nay: none
Next,Mayor Freeman then asked to adopt the minutes of the Special called Council
Meeting on September 12, 2017. Alderman Swaim made a motion to approve the minutes.
Alderman Petty seconded the motion. On roll call,the following Council members voted aye:
Alderman Swaim, Wood, Sparkman,Petty and Moore. The following voted nay: none.
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On the agenda next was to consider A RESOLUTION BY THE CITY OF VAN
BUREN,ARKANSAS SUPPORTING FEDERAL AND STATE LEGISLATION
TO ENSURE THE PROPER ASSESSMENT AND COLLECTION OF SALES
TAX FROM ALL INTERNET/ONLINE SALES THERBY CREATING A FAIR
AND FREE MARKET FOR ALL BUSINESSES AND CONSUMERS
REGARDLESS THE LOCATION OF THE BUSINESS FROM WHICH THE
PURCHASE WAS MADE. The Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Mayor Freeman noted that this started in
Washington and was supported at the local level by all but one representative. Alderman
Sparkman seconded by Alderman Petty moved that the Resolution be adopted. On the
Clerk's calling the roll,the following vote resulted: Ayes—Alderman Swaim, Wood,
Sparkman, Petty and Moore. 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 9-1-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. - I -2017
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED.
A RESOLUTION BY THE CITY OF VAN BUREN, ARKANSAS •
SUPPORTING FEDERAL AND STATE LEGISLATION TO ENSURE •
THE PROPER ASSESSMENT AND COLLECTION OF SALES TAX
FROM ALL INTERNET/ONLINE SALES THEREBY CREATING A
FAIR AND FREE MARKET FOR ALL BUSINESSES AND
CONSUMERS REGARDLESS THE LOCATION OF THE BUSINESS
FROM WHICH THE PURCHASE WAS MADE.
WHEREAS, the City of Van Buren recognizes that legislation frequently referred to as the
Marketplace Fairness and Remote Transactions Parity Act("This Legislation")is being
considered by the United States Congress;and
WHEREAS, similar legislation was considered by the Arkansas General Assembly during the 2017
regular legislative session;and
WHEREAS, this legislation would give states the authority to enforce local and state taxes that are
already in place and owed by out-of-state online retailers;and
WHEREAS, this legislation would require retailers to collect and remit sales tax to state and local
governments for out-of-state online sales;and
WHEREAS, all businesses,regardless of their physical location,should be required to collect and
remit state and local sales tax;and
WHEREAS, the playing field,as it currently stands,favors out-of-state Internet retailers that exploit a
pre-internet loophole,allowing them to evade collecting state and local sales tax even
though they sell the same products in the same communities as local merchants do;and
WHEREAS, as it currently stands,stores with a local retailer must collect sales tax while online stores
do not,therby enabling online stores to undercut local retail prices;and
WHEREAS, this legislation is not a new tax or a tax increase,but rather enables states to collect taxes
that are already due;and
WHEREAS, this legislation would generate more sales,pay more sales tax to the state treasury,
encourage more local retailers,create jobs for local workers and infuse more money into
local economies throughout the State of Arkansas.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL-OF VAN BUREN,
ARKANSAS,THAT:
SECTION 1: We do hereby urge members of the Arkansas Congressional Delegation and the Arkansas
Legislature to work for passage and vote in favor of legislation requiring the collection
and remittance of state and local sales tax by all retailers thus making for competition in a
true free market and giving every business an equal opportunity to compete,innovate and
create jobs.
SECTION 2: Moreover,we do hereby urge Governor Asa Hutchinson to call for a special session as
quicklyas possible to address this most important issue for the benefit of the state's local
po
retail businesses and its citizens.
IN WITNESS OF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and
adopt,by a vote of 5 for and O against,at its regular meeting held on the 25'"day of September 2017.
Robert D.a�*'sT�[an� ` i
Mayor
ATTESTED: 'PR= 1. •RM:
-moi��
Phy omas Candice• Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR 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. Mayor Freeman explained the thought process is to allow citizens' access to
Lee Creek Park by bypassing Simmons as well as to alleviate a flooding choke point at
the pedestrian bridge in Mike Myer Park. Brett Peters with Hawkins Weir said they
applied for a grant on behalf of the city and were successful in obtaining that 50/50 grant
for the construction of a new bridge in Mike Myer Park and drainage improvements.
Alderman Petty asked where the wetland area is that may bog down progress, Mr. Peters
replied that they have not defined that as of yet. Alderman Petty then asked if we could
cut out the horseshoe loop at the bottom of the Jefferson Street bridge. Larry Yancey with
Hawkins Weir explained that the project specs were to resurface the existing pathway and
to create a driving capable bridge in Mike Myer Park. Alderman Wood seconded by
Alderman Petty moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Alderman Swaim, Wood, Sparkman, Petty and
Moore.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 9-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. ' -02 _2017
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 ENTER
INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE
CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren,Arkansas desires to make various improvements to the Lee Creek
Access Road Bridge;and
WHEREAS, in order to commence the project,the City is in need of professional engineering services
for the development of plans and designs,cost estimates,and supervision for said project.
NOW, THEREFORE,BE IT RESOLVED BY 1'Hl',CITY COUNCIL OF 1'H P.CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1:, The Mayor is authorized to enter into a contract(Exhibit"A")with Hawkins-Weir
Engineers,Inc.to provide engineering services for the Lee Creek Access Road Bridge
Improvement Project. Payment for such engineering services shall not exceed
$30,000.00 plus any applicable reimbursable expenses.
IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass,
approve,and adopt,by a vote of 5 for and() against,the foregoing Resolution at its regular meeting
held on the 25th day of September 2017.
1
Robert D.Fr-
Mayor
ATTESTED: APP'OVED •la: :ORM:
Phyllis-Thomas Can.i_ce A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PURCHASE CERTAIN REAL PROPERTIES, 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 plan is to demo and clean up
these parcels to create green space. Alderman Sparkman seconded by Alderman Swaim
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Wood, Sparkman, Petty and Moore.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 9-3-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. [ -3_2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING I'M.MAYOR TO PURCHASE
CERTAIN REAL PROPERTIES,AND FOR OTHER PURPOSES.
WHEREAS, the City has determined that it desires to acquire,for the public good and benefit,
certain real property located within the Van Buren city limits;and
WHEREAS, upon the City's best,information,knowledge,and belief the appraised value and the fair
market value of said property is as listed below. The City,wishes to offer in good faith to
purchase said property for the amount listed below plus the closing costs.
Properly Address Legal Description Appraised Value Purchase Price
115 South 9th Street Part of Block 45 $25,500.00 $23,400.00
Van Buren Original Addition,
Van Buren,Arkansas.
117 South 96 Street Part of Block 45 $25,500.00 $27,650.00
Van Buren Original Addition,
Van Buren,Arkansas.
NOW,1'Br,REFORE,BE IT RESOLVED BY 11th CITY COUNCIL OF 1111.,CITY OF VAN
BUREN,ARKANSAS,THAT:
SECTION.1: The City Council hereby authorizes the Mayor to purchase the afore described real
property for the amount listed above plus the closing costs.
SECTION 2: The Mayor is authorized and directed to execute such documents and instruments as may
be necessary to proceed with and finalize the purchase of said property,and the City
Clerk is hereby authorized and directed
to attest same.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of_5.for and 0 against,the ore ing Resolution at its regular meeting
held on the 25th of September 2017.
Robert D.FrCISal
e--"---""....—
Mayor
ATTESTED: •4'PR I i l • O, ORM:
Vi) . Irlmced .e, I j
Phy s omas Candice A.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE LEVYING
(RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL
PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR
2017; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The
Clerk read the Ordinance in its entirety. Alderman Petty moved that the rules be
suspended and the Ordinance be placed on its second reading. The motion was seconded
by Alderman Wood. The council followed with a unanimous vote. The Clerk then read
the Ordinance the second time.
Alderman Wood 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Petty and seconded by Alderman Wood to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Swaim, Wood, Sparkman, Petty
and Moore.Nays—none. The Mayor declared the motion carried as there were five (5) ayes and
(0)nays. Four(4) votes being necessary for passage.
Motion was made by Alderman 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 Swaim, Wood, Sparkman, Petty and Moore. 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 15-2017
CITY OF VAN BUREN,ARKANSAS SECTION 2: The rate of all real and personal property in the City of Van Buren,Arkansas,for the
year of 2017,for the maintenance of a City Public Library,under the authority of a
ORDINANCE NO.15 -2017 vote of the people of the City of Van Buren,Arkansas,and the City General
Elections held on the 7th day of April,1942,(I mill)and the 8th day of November,
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, 1994,(.4 mill),be,and the same is hereby affixed at 1.4 mills on the-dollar of the
ARKANSAS,AN ORDINANCE TO BE ENTITLED: ! assessed valuation of all real and personal property subject to taxation in the City of
Van Buren,Arkaneae for the year 2017,for the library maintenance purposes,
AN ORDINANCE LEVYING(RENEWING)THE MILLAGE I subject to the provisions of Act No.848 of 1981;the same being"adjustment or
TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES rollback of tax rates due to increase in aggregate valuation of taxable property.'AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE
YEAR 2017;DECLARING AN EMERGENCY;AND FOR SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk
OTHER PURPOSES. of Crawford County,Arkansas,in order that the Quorum Court of Crawford County,
Arkansas,may include the same in the general levy of the year 2017 and cause the
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the laws of the State of same to be extended upon the tax books and collected as required by law.
Arkansas,with all powers,authority and duties of a city of the First Class;and SECTION 4: This Ordinance being immediately necessary to obtain revenue to pay expenses of the
WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, City Government for the City of Van Buren,Arkansas,and necessary in providing
safety and welfare of the inhabitants of the City of Van Buren,Arkansas,and an for the immediate preservation of the public peace,health,and safety,an emergency
emergency exists which requires that this Ordinance become immediately effective is declared to exist and this Ordinance shall be,take effect,and be in force after its
and in full force and effect;and passage and publication.
WHEREAS, the City of Van Buren,Arkansas,must have funds for its municipal operations,and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
can only obtain the requisite funding to continue its current level of services to its approve,and adopt,by a vote of for and 0 against,the foregoing Ordinance at its regular meeting
citizens by renewing the levy of a 2 mill tax on real and personal property,for held on the 25th day of September 2017.
the general municipal purpose of the City,and by renewing the levy of a 1.4 mill tax
on real and personal property tax for the Van Buren library maintenance
purposes. I
Ro rt D.Freeman
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF Mayor
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The rate of all real and personal property in Van Buren,Arkansas,for the year 2017, �i ATTESTED: "ter AS TO FORM:
for general municipal purposes under the authority of Section 4,Article XII,of the
Constitution of 1874,of the State of Arkansas,be,and the same is hereby affixed at
2 mills on the dollar of the assessed valuation of all real property subject to taxation "/2 J =_
in the City of Van Buren,Arkansas,for the year 2017,for general municipal Phy Thomas c, Candi'Se.e !
purposes. City Clerk/Treasurer City Attorney
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Next on the agenda was the Financial Statement. Motion was made by Alderman
Swaim and seconded by Alderman Petty to appropriate the sum of$ 1,581,220.29 to pay
expenses and salaries for August 2017, presented by the clerk. The Council followed
with a unanimous vote.
F
9-06-2017 03:39 PM CITY OF VAN B URE N PAGE: 1
TRIAL BALANCE_
AS OF: AUGUST 31ST, 2017
10 -General Fund
"'MONTH TO DATE "' "' YEAR TO DATE "'
ACCT* ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 12,261.53 281,855.84
1020.01 Cash In Bank-Ins. Reimb. 496.13 77,093.11 0
1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 79.24
1020.04 Veterans' Memorial-Act 934 0.00 13,196.16 1 , 4 7 0 75h•11.6-1-
5h.nF+
1020.05 2009 Byrne Recovery Grant 59.77 0.00
90,240• 6.8+
1020.06 2009 Byrne Grant 0.00 0.00
1020.07 2007 Byrne Grant 0.00 0.00 20,225•75+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 "1 ' 5 4 1 ,220 .2,)
1020.09 District Cout Grant-Mediation 0.00 25.00
1020.10 Cash in Bank- HDC 30.00 1,793.340 ,. :•
.1020.11 Cash in Bank-KVBB 0.00 3,500.00 -
1020.12 Emergency Management Fund 0.00 0.00 .
1020.13 Cash.In Bank-ACT 833 26,389.54 139,006.05 1 , 470,754•06+
1020.14 Court Automation-District 1,216.30 59,040.74 90,240.48+
' 1020.15 Cash in Bank-ACT 1314 0.00 0.00 -
1020.16 AR Dept of Rural Services 0.00 0.00
0.00
20,225
1 5+
1020.17 New Police Dept 0.00 1 , 561 ,220•99
1020.18 Cash in Bank- PD Co Tax 18,723.06 55,556.67
1020.19 Cash in Bank- FD Co Tax 27,447.44 142,513.17
1- 1020.20 Cash In Bank-Erosion Control 925.00 23,025.00
1020.21 Cash in Bank-CPAcademy 0.00 0.00
' 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
1020.27 Cash in Bank- Levee 650.00 9,889.93
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 0.00 0.00 t
i
'{ 1020.30 Field of Dreams-Equipment 765.81 9,610.96
1 1020.31 Cash in Bank- Parks & Rec 0.00 0.00
1020.32 GIF 309.67 0.00
i1 1020.33 Cash in Bank-Yard Waste 1,423.08 243,423.80
il i
1 1020.34 Cash In BankPublic Facilities 0.00 671.86
t1 1020.35 Cash In Bank-Jail 80,040.39 8,468.25
0
f. 1020.36 Cash in Bank-Property Cleanup 0.00 7,941.57
1020.37 Probation 1,893.55 3,092.30
4 1020.51 Cash in Bank-Cemetery 33.57 5,015.23
1020.52 Cemetery-Donations 32,000.00 32,000.00
4II,1
1020.80 Cash in Bank-KOH 706.17 0.00
' 1020.91 Cash in Bank - Cap Imp 308,816.60 406,787.02
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
i, 1040.19 Investments - PD Co Tax 0.00 0.00
0 1040.27 Investments - Levee 0.00 0.00
1
1 _ ''rl 1040.31 Investments - Parks c Rec 0.00 0.00
k;
1040.51 Investments - Cemetery )0.00 38,752.59 -
i
1040.91 Investments - Cap Imp 112.71 379,291.72
1050 Fixed Assets 0.00 0.00
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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. The first being a request from Les Thomas for the annual Veteran's
Day parade on November 9, 2017. Motion was made by Alderman Petty and seconded by
Alderman Wood to approve the request. The council followed with a unanimous vote. The
second request came from King School for their annual 5K on February 24, 2018. Motion was
made by Alderman Petty and seconded by Alderman Swaim to approve the request. The council
followed with a unanimous vote. Lastly, a request from TOTMA for the 2018 Junk Fest dates.
Motion was made by Alderman Swaim and seconded by Alderman Moore to approve the
request. The council followed with a unanimous vote.
Mayor Freeman updated the council on several projects. He started off saying that the
five interpretive panels purchased by the Lions Club will be installed at Freedom Park this week.
He then stated that due to some change order challenges we decided to rebid the work for
Veteran's Memorial Plaza and those new bids reopen in two weeks. Next, he noted that meetings
have been conducted with the non-profit Ozark Offroad group about the construction of some
multi-use trails at Chad Colley Park. Their hope is to address the Parks Commission with their
plan in October and bring it to council in November. Mayor Freeman next talked about the trails
project up at Central Elementary School that the Street Department has been working on. This
has been a cost sharing project with the school district. The state is still reviewing the plan for
the Pointer Trail Sidewalk project and those will begin after the completion of the Rena Road
Sidewalks which are almost done. Arkansas-Missouri Railroad has secured their funding for the
crosswalk on the Drennen-Scott Sidewalks, so we are trying to coordinate moving forward on
that project with Hawkins-Weir. And lastly, a family trust has donated funds to construct a
pavilion at Fairview Cemetery. Randy Smith is working with the Historic District Commission to
move forward on that.
Next, Police Chief Jamie Hammond addressed the council with a proposal for a K-9 unit
at the Van Buren Police Department. He highlighted some of the benefits of having a K-9 unit
and noted that Crawford County has one of the highest opioid addiction rates. Mayor Freeman
said that the position for the K-9 officer is open and already budgeted for. City Attorney Candice
Settle explained that the dogs can smell/alert to drugs when the officers cannot search. Chief
Hammond said the approximate cost of a dog and its training is about$15,000. Mayor Freeman
noted that the Crawford County Prosecuting Attorney's office is will to pay $20,000 to offset
some of our costs. Alderman Swaim was in favor of moving forward with Chief Hammond's
proposal. Alderman Sparkman asked about the total cost. Chief Hammond stated that a rough
estimate for the vehicle and all the accessories for it,the officer and the dog was approximately
$75,000, $20,000 of which would be offset by the Prosecutor's contribution. The council
unanimously agreed to move forward.
John Pope talked at length to the council about a recent training video Keep Van Buren
Beautiful participated in. He stated it was a great honor to be a part of it.
There being no further business, motion was made by Alderman Swaim and seconded by
Alderman Wood to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:50 p.m.
ATTESTED: /•Q� 4ED _ICI CLERK-TREASURER MA OR ..01/4