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11 November 2019 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING NOVEMBER 25, 2019 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, November 25,2019 at City Hall. The meeting was called to order by Mayor Joseph Hurst. On roll call, the following Council members answered as their names were called: Council Member Dodson, Kneeland, Petty, Sparkman, Swaim and Wood. 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 Pastor Andrew Crow of Living Hope Church. Mr. Crow then led the Pledge of Allegiance. Chief Jamie Hammond presented to the council the new uniforms and vests the police department are using. Mayor Hurst then asked to adopt the minutes of the Regular Council Meeting on October 28, 2019. Council Member Swaim made a motion to approve the minutes. Council Member Kneeland seconded the motion. On roll call,the following Council members voted aye: Council Member Sparkman, Kneeland, Petty, Dodson, Swaim and Wood. 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 Hurst asked if there was any discussion.Police Chief Hammond stated this truck was in an accident and totaled, so before we could release it to the insurance company we needed to remove it from fixed assets. Council Member Wood seconded by Council Member Dodson moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty,Dodson, Swaim and Wood.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 11-1-2019 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 1 1 - I -2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE 111N, 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. 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 A.C.A§14-54-302. 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# Police Department $14,635.00 2007 Ford F150 Pickup Truck PD-633 VIN#1FTRF12W77NA83601 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of to for and D against the foregoing Resolution at its regular meeting held on the 25th day of November 2019. n - .111112 Joseph P.H Mayor ATTESTED: • • ' ' •S TO FORM: 4;—(Zit-ina‘1.1 14111104.141111 lin 1111 �s Thomas Candice A.Settle City Clerk/Treasurer City Attorney :1 J On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN PROPERTY FROM THE CITY OF VAN BUREN'S 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 Hurst asked if there was any discussion. Police Chief Hammond stated that usually we only do this for fixed asset items,but since these were purchased with Federal Forfeiture funds this will satisfy the federal government for disposing of them. Council Member Petty asked if we were going to get an even trade for these. Chief Hammond stated we would be receiving an even trade,just a different type of gun. Council Member Swaim seconded by Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland,Petty, Dodson, Swaim and Wood.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 11-2-2019 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I I - 01 _2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN PROPERTY FROM THE CITY OF VAN BUREN'S INVENTORY, BY SEALED BID, AUCTION OR OI•HLR METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has certain property on its inventory list which is impractical for use and are no longer cost effective,so as to no longer be needed by the City;and WHEREAS, after an inventory of this property,it is therefore recommended by city staff that said items be removed from the city's inventory list and be traded to Franklin Armory for more practical rifles of equal value and at no additional cost to the city. 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 from the city's inventory,and to dispose of same by sealed bid,auction,or other such methods authorized under the law: Department Amount Description of Inventory Police Department $1500.00 H&K G36C Machine Gun Serial Number 85-001066 Police Department $1500.00 H&K G36C Machine Gun Serial Number 85-001067 Police Department $1500.00 H&K G36C Machine Gun Serial Number 85-001068 Police Department $1500.00 H&K G36C Machine Gun Serial Number 85-001069 Police Department $1500.00 H&K G36C Machine Gun Serial Number 85-001070 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of_( for and U against the foregoing Resolution at its regular meeting held on the 25th day of November 2019. Josep P. Mayo ATTESTED: AP.' 'O' ! • TO FORM: '19 Phuns Thoma(Arins Candice A.Settle City Clerk/Treasurer City Attorney 3 On the agenda next was to consider A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00) CHRISTMAS BONUS TO ALL FULL-TIME, NON-ELECTED CITY EMPLOYEES WHO HAVE ONE (1) FULL YEAR OF SERVICE. The Clerk read the Resolution in its entirety. Mayor Hurst asked if there was any discussion. There was none. Council Member Sparkman seconded by Council Member Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Dodson, Swaim and Wood.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 11-3-2019 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. I/ - 3 -2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING A ONE HUNDRED DOLLAR($100.00) CHRISTMAS BONUS TO ALL FULL-TIME,NON-ELECTED CITY EMPLOYEES WHO HAVE ONE(1)FULL YEAR OF SERVICE. WHEREAS, the City of Van Buren,Arkansas has paid a Christmas Bonus to its salaried employees in the past;and WHEREAS, the City of Van Buren,Arkansas wishes to continue this practice. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: All full-time,non-elected city employees who have one(1)full year of service,shall be paid a one hundred dollar($100.00)bonus for Christmas. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of for and (against,the foregoing Resolution at its regular meeting held on the 25th day of November 2019. JoseH st Mayor ATTESTED: APPROVED AS TO FORM: 906 4; 7112 flare-if Ph 's Thomas andice A.Settle City Clerk/Treasurer City Attorney } On the agenda next was to consider AN ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE RULES AND REGULATIONS. 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 Dodson. 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 Dodson. 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 questioned an item in Section 2 which was explained by Mayor Hurst. She also asked Police Chief Hammond if there had been any dispatchers hired since October 28th. Mayor Hurst asked what the significance of that date was. Chief Hammond stated it was the date the Civil Service Commission met. Council Member Petty asked why there was no emergency clause included in this ordinance. City Attorney Candice Settle stated she didn't believe there was a basis for an emergency clause. Council Member Petty asked if these rule changes would affect any of the other positions. Chief Hammond stated all other positions would remain as they.were. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Council Member Petty and seconded by Council Member Wood to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Council Member Sparkman, Kneeland, Petty, Dodson, Swaim and Wood.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 18-2019 ORDINANCE NUMBER 18-2019 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 13 -2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE RULES AND REGULATIONS. WHEREAS, the Van Buren Civil Service Commission has identified the need to amend the Van Buren Civil Service Rules and Regulations to reflect current state laws;and WHEREAS, Arkansas Code§14-51-301(b)(1)(B),concerning rules and regulations governing the police and fire departments of its respective cities,amends the law concerning age of eligibility;and WHEREAS, the proposed amendments herein,promote hiring qualified applicants,and protecting the fairness and independence of the hiring process;and WHEREAS, the Van Buren Civil Service Commission has voted to approve the following amendments to the Van Buren Civil Service Rules and Regulations. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Van Buren Civil Service Rules and Regulations are hereby amended as follows: SECTION 2: Article III,Section I and Section II,shall read: Beginning October 28,2019,these Civil Service Regulations shall apply to and be effective and in force as to all uniformed employees and/or certified personnel of the Police Department working fulltime in the existing or future positions of:Captain,Lieutenant,Sergeant,Corporal,Patrol Officer, Detective,and Animal Control Officer.Dispatchers hired before October 28, 2019,shall remain under Civil Service Regulations.Any person holding the position of Part-Time Police Officer II,who wishes to be appointed to any full-time Patrol Officer position within the Police Department shall be subject to the procedure for appointment as set out in Article W herein. SECTION 2:These Civil Service Regulations shall be effective and be in force as to all uniformed and non-uniformed employees of the Fire Department working . either full or part-time,in the existing or future positions of Deputy Chief, Assistant Chief/Battalion Chief,Captain,Driver/Operator/Lieutenant or Firefighter. SECTION 3: Article IV,Section I,shall read: "A person must be at least eighteen(18)years of age,and must not have arrived at thirty-five(35)years of age to be eligible for appointment to any position on the fire department" SECTION 4: In Article VII,Section II,shall read: "For the Police Department,a score of not less than sixty(60)points of a possible one hundred(100)points on the Civil Service written examination must be achieved in order for an applicant to pass the Civil Service written examination and to be considered for promotion.In order to pass the Police Department Performance Evaluation,the applicant cannot have one or more of "Does Not Meet Expectations or Standards"scored on his or her Performance Evaluation.In order to be eligible for promotion,a minimum score of sixty(60) points must be also attained on the oral review board score. The combined score of the written examination and oral review will determine the ranking of the officer on the promotion list" SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be severable,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 jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of (n for and () against,the foregoing Ordinance at its regular meeting held on the 25a'day of November 2019. Josep{fP`Hi _ Mayo ATTESTED: APPR hs I t r - 42P6 Phy omas Candice A.Settle City Clerk/Treasurer City Attorney .) . Next on the agenda was the Financial Statement. Motion was made by Council Member Swaim and seconded by Council Member Dodson to appropriate the sum of $1,226,454.54 to pay expenses and salaries for October 2019,presented by the clerk. The Council followed with a unanimous vote. i•••••••••=1••••••••41, iw..........."'''''' i October,2019 1 , ; , Total Expenditures er t, ic 1 i- 1 , i f 1 i , j1 ,10‘4 ,65:4- 50-+ 1 i 9 6,S60•21 + ; •1 -. 185-60-, il t: VJ 3,138-63+ • * 2 ,463-a9+ 1, M 0 0 21 ,126-L7+ i 1 ,226,a54-5/1", I'l t , 1 , 1s A #4 1: ' 1 I ; # r , - r : r r t- L P t tt t. Y f , 4, g 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 a request from the Van Buren High School Baseball Booster Club to close the 300 &400 blocks of Main Street on Saturday, December 7, 2019 from 8:00 a.m. to 1:00 p.m. for their 5k race. Motion was made by Council Member Petty and seconded by Council Member Swaim to approve the requests. The council followed with a unanimous vote. Mayor Hurst spoke to the council about the Economic Development Grant. The grant for the port project is an 80/20 match grant, so out of the $450,000 project, $360,000 would be paid in grant funds. The city would spend about $22,500.00 over a two year period for our portion of the matched funds. Council Member Petty asked if Fort Smith and Sebastian County were going to be taking any action. Mayor Hurst said he talked to the judge and they will be taking part as well. WAPDD will be administering this grant for the City of Van Buren. Mayor Hurst reminded the council that there will be a budget study session next Monday, December 2, 2019. He provided each of them with a 2020 Proposed Budget to review beforehand. Next, Mayor Hurst asked the council if they would like to follow the county's lead and close on Monday, December 23, 2019 for a holiday. This would mean moving the council meeting up a week. Motion was made by Council Member Swaim and seconded by Council Member Kneeland to close. The council followed with a unanimous vote. Lastly, Mayor Hurst announced that we received the Volunteer Community of the Year award again. He thanked Jennifer for her work in putting that together and commended our community for all the work put in to making a difference. There being no further business, motion was made by Council Member Sparkman and seconded by Council Member Wood to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:04 p.m. ATTESTED: APPROVE 1 : CXCLE -TREAS RE U R MAYO'