10 October 2017 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING OCTOBER 23,2017
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, October
23, 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: Council Member Sparkman,
Wood, Swaim, Moore, and Kneeland. Deputy Clerk Connie Hyatt and City Attorney Candice
Settle were present. City Clerk-Treasurer Phyllis Thomas and Council Member Petty were
absent. This made a total of eight(8)present. A quorum was declared.
The invocation was given by Mr. Jacob Howell, Pastor of Merge Church.
Mr. Howell then led the Pledge of Allegiance.
Mr. Ryan Norris with the Crawford County Public Defender's office and Crawford
County District Court Judge Chuck Baker spoke at length to the council proposing to hire an
attorney in an effort to ease the cost of the city's jail bills. The council unanimously made a
verbal vote of confidence in favor of the new position.
Mayor Freeman then asked to adopt the minutes of the Regular Council Meeting on
September 25,2017. Council Member Wood made a motion to approve the minutes. Council
Member Kneeland seconded the motion. On roll call,the following Council members voted aye:
Council Member Wood, Sparkman, Kneeland, Moore and Swaim. The following voted nay:
none
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT FOR CONSTRUCTION OF A NEW
PARK. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was
any discussion. Mayor Freeman explained that we were challenged on the change orders,
so upon the recommendation of the City Attorney we stopped and rebid the project. We
will continue with the project with the original subcontractor after the new contract is
signed. Council Member Swaim seconded by Council Member Sparkman moved that the
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Council Member Wood, Sparkman, Kneeland, Moore and Swaim.Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-1-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I 0- I -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 CONSTRUCTION OF A
NEW PARK.
WHEREAS, Crawford Construction Company acting as the Construction Manager for the
City of Van Buren,Arkansas has advertised for bids for construction of a new
park within the City;and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
low bidders meeting the bid specifications have been determined.
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 enter into a construction
contract with Crawford Construction Company and various contractors in the
amount not to exceed$683,640.00(exhibit"A")for the construction of
Veteran's Memorial Plaza and to pay all expenses relating to this project.
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 foregoing Resolution
at its regular meeting held on the 23`d day of October 2017.
Robert D. re an
Mayor
ATTESTED: APPROVE' S TO FORM:
IZs�11�s thee rl e H4c'1"r Candice A.Settle
Deputy City Clerk City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PAY FOR DWI COURT TRAINING AND TRAVEL FOR THE
CRAWFORD COUNTY DISTRICT COURT. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. Judge Baker spoke briefly on
the program that Judge Peer began several years ago. Mayor Freeman said passing this
now will allow the District Court to begin making travel and hotel accommodations for
the classes. Council Member Kneeland seconded by Council Member Wood moved that
the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes—Council Member Wood, Sparkman, Kneeland, Moore and Swaim.Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-2-2017
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. /0-J_,-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 PAY
FOR DWI COURT TRAINING AND TRAVEL FOR THE
CRAWFORD COUNTY DISTRICT COURT.
WHEREAS, the Crawford County District DWI Court has received a grant in the amount
of up to$15,000.00 from the Arkansas State Police Highway Safety Program
that will reimburse travel to DWI Court Training for up to eight(8)DWI
Court Team Members;and
WHEREAS, the Crawford County DWI Court has been approved to send a team of ten(10)
members to Athens,Georgia for 3.5 day DWI Court Foundational Training
through the National Center for DWI Courts on December 4—7,2017;and
WHEREAS, the Crawford County District Court has a need to book travel in advance of
the receipt of the grant;and
WHEREAS, these funds must be expended with invoices and proof of payment submitted
to the Arkansas State Police Safety Program for reimbursement.
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 enter to pay all expenses
relating to this training from the District Court Travel and Convention Budget
Line Item with reimbursement up to$15,000.00 to be made after training and
travel is completed.
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 foregoing Resolution
at its regular meeting held on the 23`d day of October 2017.
4
R:a ert D. teem r
Mayor
ATTESTED: APP.'0 AO O FORM:
Phh omas(ono,e 1-I4 Ci1f Can!rE-A le
bzpu:ki City Clerk/T er City Attorney
•
On the agenda next was to consider AN ORDINANCE TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND
PURCHASE OF,A CHEVROLET TAHOE FROM SUPERIOR CHEVROLET;
FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council
Member Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Council Member Wood. The council
followed with a unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Swaim moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Wood. 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
Council Member Swaim and seconded by Council Member Kneeland to adopt the Ordinance.
On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Wood,
Sparkman, Kneeland, Moore and Swaim.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 Council Member Sparkman and seconded by Council Member
Swaim,that the emergency clause be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Moore and Swaim. Nays—
none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 16-2017
CITY OF VAN BUREN,ARKANSAS SECTION 3: The City Council in accordance with the terms of ACA.§14-58-303(b)(2XB)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
ORDINANCE NO.L 2017 above described for the price set forth in Section 2 above.
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS SECTION 4: It is further found that due to the immediate need to acquire this vehicle an emergency is
AN ORDINANCE TO BE ENTITLED: declared to exist and this ordinance being necessary for the preservation of the public
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND health,safety,and welfare,it shall take effect from and after its passage and approval.
AUTHOR=
A CONTRACT FOR, AND PURCHASE OF, A SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
CHEVROLET TAHOE FROM SUPERIOR CHEVROLET;FOR
THE APPROPRIATION OF FUNDS; DECLARING AN Buren to execute all documents,contracts,and agreements necessary to effectuate this
EMERGENCY;AND FOR OTHER PURPOSES. Ordinance.
WHEREAS, the City of Van Buren is in need of a certain police vehicle,for the safety of life and SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable,
protection of property by the City of Van Buren Police Department;and and,if any section or part of a section,or any provision or part of a provision herein,is
declared to be unconstitutional,inappropriate,or invalid by any court of competent
WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined- jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance
that the purchase of the vehicle from Superior Chevrolet of Siloam Springs at the 2018
and to that extent the provisions hereto are declared to be severable.
state purchase price would be the most practical,feasible and cost effective method for
the department;and
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B)that approve,and adopt,by a vote of J for and against,the foregoing Ordinance at its regular meeting
exceptional circumstances exist which render the competitive bidding process to not be . held on the 23'^day of October 2017.
practical or feasible;and
WHEREAS, a state of emergency exists beranca the vehicle will provide improved life safety and
protection of property and because the unit is currently available.
Ro
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF Mayor
THE CITY OF VAN BUREN,ARKANSAS,THAT: ATTESTED; • •• OV�F TO FORM:
SECTION I: The Police Department of the City of Van Buren,Arkansas is in immediate need to
purchase a Chevrolet Tahoe vehicle. ) 'Qi.Likt.�;(,
Phtdlis--Haumaa C;nn•e 440.41-
SECTION 2: The purchase of said vehicle from Superior Chevrolet,located in Siloam Springs, j Deputy City Clerk'Treasurer -_ Cit},Attorney
Arkansas,for the sum of$31,863.00 is necessary to protect the life and safety of Van
Buren citizens.
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO ENTER INTO AN EXCLUSIVE FRANCHISE FOR AMBULANCE
SERVICES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Council Member Wood moved that the
rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Council Member Kneelan. The council followed with a unanimous vote.
The Clerk then read the Ordinance the second time.
Council Member Wood moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Kneeland. 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.
Council Member Swaim, who served on the committee, said that out of six companies
who expressed interest only two submitted bids. One of those two was our current
provider and the committee felt it was in the citizen's best interest to remain with
Southwest EMS.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Council Member Sparkman and seconded by Council Member Wood to adopt the Ordinance.
On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood,
Sparkman, Kneeland, Moore and Swaim.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 Council Member Sparkman and seconded by Council Member
Wood, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Council Member Wood, Sparkman, Kneeland, Moore and Swaim. Nays—
none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 17-2017
NOW,THEREFORE,BE IT ORDINANED BY THE CITY COUNCIL OF VAN BUREN,
CITY OF VAN BUREN,ARKANSAS , ARKANSAS,THAT:
ORDINANCE NO. 11-2017
SECTION I: The City Council hereby accepts the proposal of Southwest EMS of Mena,Arkansas and
grants an exclusive franchise for emergency and non-emergency operation,subject to the
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS, terms and conditions of the attached contract,which is hereby made a part of this
Ordinance.
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER SECTION 2: The Mayor is hereby authorized and directed to execute the attached contract and any
documents ne,resary to effectuate the purposes set out herein.
INTO AN EXCLUSIVE FRANCHISE FOR AMBULANCE
SERVICES;DECLARING AN EMERGENCY;AND FOR OTHER
PURPOSES. subsection,ON 3: Severability. In the event any title, section, subdivision, paragraph,
subparagraph,item,sentence,clause,phrase,or word of this ordinance or the contract made
a part hereof is declared or adjudged to be invalid or unconstitutional,such remain in
WHEREAS, there is a need for accountability in ambulance service in the City of Van Buren to ensure adjudication shall not affect the remaining portions of the ordinance which
its citizens receive timely and competent ambulance service;and full force and effect as if the portion so declared or adjudged invalid or unconstitutional
was not originally a part of the ordinance.
WHEREAS, Ark.Code Ann.Section 14-266-102,et seq.authorizes cities of the first class to enter into
an exclusive franchise with an unbalance company to provide emergency and non- SECTION 4: Emergency and Effective Dare. This ordinance being necessary to ensure continued
emergency ambulance service within the city limits of the City of Van Buren;and emergency and non-emergency medical care to citizens of this city,this ordinance is _
necessary to protect the public health,safety and welfare,and therefore,shall be in full
WHEREAS, the VanBurent
C ty Council feels that granting an exclusive franchise to an ambulance force and effect with the passage of same.
service pursuant to an agreement with certain requirements as to response time and number
of ambulances required to be in the city at all times is in the best interests of the citizens of IN WITNESS WHEREOF the City of Van Buren,Arkansas,by its CityCouncil,did pass,
the City of Van Buren;and approve,and adopt,by a vote of -'for and ✓ against,the fore ring Ordinance at its regular meeting
held on the 23'a day of October 2017.
WHEREAS, a notice for proposals was published in a state-wide newspaper,and proposals have been
opened as advertised;and
WHEREAS, a committee was appointed by the Mayor to interview each of the respective companies Ro ert
that submitted a proposal;and Ma
WHEREAS, the committee recommends the granting of an exclusive franchise agreement with ATTESTED:
'PRO I AS TO O'
Southwest EMS of Mena,Arkansas. PAWN:
CCS dJi{
P.hAlis—Ntemes Co,. ,e 4,0-1- Candice A.Settle
heel •City ClerlJfreasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND
ORDINANCE #02-1998 TO INCREASE THE FEE FOR CERTIFICATES OF
APPROPRIATENESS IN THE VAN BUREN DOWNTOWN HISTORIC
DISTRICT,INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,
ARKANSAS. The Clerk read the Ordinance in its entirety. Council Member Swaim
moved that the rules be suspended and the Ordinance be placed on its second reading.
The motion was seconded by Council Member Kneeland. The council followed with a
unanimous vote. The Clerk then read the Ordinance the second time.
Council Member Swaim moved that the rules be further suspended and the
Ordinance placed on the third and final reading. The motion was seconded by Council
Member Kneeland. The council followed with a unanimous vote. The Clerk then read
the Ordinance the third and fmal 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
Council Member Swaim and seconded by Council Member Sparkman to adopt the Ordinance.
On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Wood,
Sparkman, Kneeland, Moore and Swaim.Nays—none. The Mayor declared the motion carried
as there were five (5) 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 Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 18-2017
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. IS-2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE#02-1998 TO INCREASE
THE FEE FOR CERTIFICATES OF APPROPRIATENESS IN THE VAN
BUREN DOWNTOWN HISTORIC DISTRICT,INSIDE THE aTY OF
VAN BUREN,CRAWFORD COUNTY,ARKANSAS.
WHEREAS, the City adopted Ordinance#02-1991 to amend the Historic District Commission
procedures for Certificates of Appropriateness(COA),in order to be more functional and
responsive to COA applicants and all citizens of the City of Van Buren;and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by
0.
the Van Buren Planning Commission on October 3,2017,to consider an increase the
existing COA fee;and
WHEREAS, the proposed COA fee increase was recommended by a majority vote of the entire
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: Ordinance#02-1998,shall be amended as follows(VAN BUREN MUNICIPAL CODE
2.64.06):
Section 4.Application Procedure(c)the Application shall also include an
application fee of Teti-Hellen-R-1040)Twenty Dollars(520.00).
SECTION 2: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of
the conflict The provisions of this Ordinance are hereby declared to be severable,and if
provisions shall for any reason be illegal or invalid,such holding shall not affect the
validity of the remainder of this Ordinance.
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 forego' ce at its regular meeting
held on the 23rd day of October 2017.
Robert D. man —�
.. -Mayor •
ATTESTED: rPRO•-.: ...TOL a'=
rlb1��.II ,
Qjwn.e1-1,t(Ct*'} CanA.Settle-
1.91...4,1 City Clerk/freasmer Cs y
Attorney
Next on the agenda was the Financial Statement. Motion was made by Council
Member Swaim and seconded by Council Member Moore to appropriate the sum of$
1,132,703.60 to pay expenses and salaries for September 2017,presented by the clerk.
The Council followed with a unanimous vote.
10-12-2017 03:49 PM ... CITY OF VAN
BB+UREN PAGE: 1
:' AS OF:, SEPTElIDEI.'30TB, 2017
} 10 -General Fund
"` MONTH TO DATE "' "` YEAR TO DATE •"
ACCT6 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS •
vee ..
• 1000 Petty Cash 0.00 200.00 (:.
,I 1020 Cash in Bank 42,367.75 239,988.09
,'I 77,093.11 0
1020.01 Cash In Bank-Ins. Reimb. 0.00
1020.03 Cash In Bank-ASP'saWalmart Gra 0.00 79.24 ".
1020.04 Veterans' Memorial-Act 934 0.00 13,196.16 0•*G
1020.05 2009 Byrne Recovery Grant 0.00 0.00
4 1020.06 2009 Byrne Grant 0.00 0.00
1020.07 2007 Byrne Grant 0.00 0.00 1 ,025,240• 36-+
E.;4,00.5•01,-+
1020.08 Cash in Bank- Storm Damage 0.00 0.00 I`
tc
1020.09 District Coat Grant-Mediation 0.00 25.00
131O0 '011+
1020.10 Cash in Bank- HDC 0.00 1,793.34
1 ,454•30+1020.11 Cash in Bank-KVBB 0.00
3,500.00 F';
1020.12 Emergency Management Fund / 0.00 0.00 20,505•92+
1020.13 Cash In Bank-ACT 833 19,750.19 119,255.86 1 %1 5 2 ,7 0 3•F.(I4: s=
1020.14 Court Automation-District 1,532.36 60,573.10 ',
?.j 1020.15 Cash in Bank-ACT 1314 0.00 0.00 e
(I 00 0.00 .
0.
"I 1020.16 AR Dept of Rural Services V
1020.17 New Police Dept 0.00 0.00
, 1020.18 Cash in Bank- PD Co Tax 22,481.67 78,038.34
<) 1020.19 Cash in Bank- FD Co Tax 26,296.76
166,809.93
1020.20 Cash In Bank-Erosion Control 175.00 23,200.00
0.00
EE
1020.21 Cash in Bank-CPAcademy 0.00 1�-
. 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
� 1020.27 Cash in Bank- Levee 0.00 9,889.93
1020.28 Marina Repairs 0.00 10,495.60 `
' 1020.29 Prperty Maintenance-Scrap 0.00 0.00
1 1020.30 Field of Dreams-Equipment 529.20 9,081.76 ..
1020.31 Cash in Bank- Parks a Rec 0.00 0.00 �.
1020.32 GIF 0.00 0.00
1020.33 Cash in Bank-Yard Waste 3,284.32 246,708.12
1020.34 Cash In BankPublic Facilities 0.00 671.86
3 0.00
1020.35 Cash In Bank-Jail 8,468.25
1020.36 Cash in Bank-Property Cleanup 0.00 7,941.57 .
1020.37 Probation 3,132.00 6,224.30
1020.51 Cash in Bank- Cemetery 461.81 5,477.04 '!
• M
1020.52 Cemetery-Donations 0.00 32,000.00 ,
1020.80 Cash in Bank-KOH 0.00 0.00 4,
1020.91 Cash in Bank - Cap Imp 276,075.77 682,862.79
# 1040 Investments 0.00 0.00
1040.10 Investments - Sales Tax City 0.00 0.00
3' 1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.00 0.00 E.
l1040.27 Investments - Levee 0.00 0.00
f'
1040.31 Investments - Parks & Rec 0.00 0.00
Q 1040.51 Investments - Cemetery 0.00 38,752.59
A 379,404.47
1040.91 Investments - Cap Imp 112.75
1050 Fixed Assets 0.00 0.00 (.
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