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08 August 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING AUGUST 17, 2009 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, August 17, 2009 at City I -lall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Swaim, Parker, Ragsdale, Dodd. and Sagely. Alderman Moore was absent. City Clerk- Treasurer Barbie Curtis and City Attorney Donald Jenkins werc present. This made a total of eight (8) present. A quorum was declared. The invocation was given by Roger Goins Director of Ministries at Heritage United Methodist Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on July 20, 2009. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Ragsdale. Dodd, and Sagely. The following voted nay: none. On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S MUNICIPAL CODE RELATING TO STREETS, ALLEYS, GUTTERS OR DITCHES; AND FOR OTHEIZ PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd. and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. 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 Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, Dodd and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman said 80% of this Ordinance is existing code. This Ordinance just clarifies utility easements. He also said a lot of our drainage issues are self inflicted. The Mayor then put the question. "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swains, Parker, Ragsdale, Dodd and Sagely. 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 Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll- the following vote resulted: Ayes Alderman Swaim. Parker, Ragsdale, Dodd, and Sagely. 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 14 -2009 CITY OF VAN BUREN, ARKANSAS Gutters and SECTION 2: The various 'Robert D.Freeman ORDINANCE NO. WHEREAS end is an ese Ditches. No Person shall provisions and parts of Mayor mediate need for these any this Ordinance are hereby allow an dirt, filth, or ob- y Attested: amendments to Section any declared to be severable, Barbie Curtis BE IT ENACTED BY THE 9.04 of the Van Buren Mu- structibn of an kind to CITY COUNCIL. FOR THE nicipal Code for the accumulate in the gutter and, if any section or part City Clerk/Treasurer CITY OF VAN BUREN, AR- or ditch in front df kie-41 of a section, or any provi- Approve as to form: health, safety, and wel- KANSAS AN ORDINANCE fare of the citizens Of Van adlacent to their prem. sion or part of a provision N. Donald Jenkins, Jr. TO BE ENTITLED: I ises, and all owners or oc- herein, is declared to be City Attorney Buren. AN ORDINANCE TO cupants of property are unconstitutional, inappro- Published in the August AMEND VAN BUREN'S NOW. THEREFORE BE IT required to keep the gut- priate, or invalid by any 19, 2009 issue of the Press ORDAINED AND ENACTED MUNICIPAL. CODE RE- ter or ditch in front of court of competent juris- Argus- Courier. BY THE CITY COUNCIL OF 'premises such holding shall !ALLEYS, GUTTERS OR open, and free from trash, not invalidate or affect ARKANSAS; THAT: the remainder of this Or- OTH S; AND FOR btu h, do weeds, and sy dinance and to that extent SECTION 1: Section 9.04, WHERE PURPOSES. AS, the Van Buren Streets, Alleys, Gutters or, and rapid flow of water. lons to the gas the provisions hereto are WHERE Ditches, of the Van Buren and r P i Planning Commission has Municipal Code is hereby No person shall dump, or declared to be severable. researched and recom- L amended as follows: place dirt, trash, brush, or ION 3• Emergency mended certain amend- yard waste in any ditch or Clause. The Van Buren I 9.04.01 Street and Alleys. menu to Section 9.04 of storm drain. No perso City y Council has deter 'the Van Buren Municipal It shall be the duty of shall obstruct drainage mined that an emergency every owner or occupant, exists and that the imme- Code to address health of any lot or premises in ditches. drainage ease and safety issues relative this city, along which any ments or storm drains, diate adoption and 'en- to city's utility easements 9.04.02 Violation: Penalty: forcement of this ordi- and waste water drainage street, utility easement or In addition to any other nance being necessary for system; and alley runs, 'keep said enforcement provisions the public peace, health, street or alley, a from •the safety and welfare, the WHEREAS, the proposed middle line thereof to the provided in the Van Buren amendments to the Van side next to him hem in- Municipal Code relative to Provisions hereof shall be Buren Municipal Code enforcement of this sec- in full force and effect herein will clarify require eluding utility easements enforcement any person or entity from and after its pas thereto, free from all menu as to maintaining manner and kind of filth, violating any Drovision of sage. utility easements across this section is guilty of an IN WITNESS WHEREOF, garbage, trash, debris- or.. private party and prohibit decaying animal and infraction- and upon con- the City of Van Buren, Ar- persons from P uttin g vegetable substance of viction therefore, shall be kansas, by its City Coon- waste and debris into every,kind,_ subiect to a fine or pen cil, did pass, approve, and storm drains or drainage alto of not less than adopt, by a vote of 5 for ditches, which will protect $50.00 nor more than and 0 against, the forego public and private prop- $500.00, ing Ordinance at its Meet erty within the city. con- ing held on the 17th day of sistent with Federal MS4 August, 2009._ Storm Water Permit stan- dards:and On the agenda next was to consider AN ORDINANCE REPEALING ORDINANCE NO. 25 -2007 AND ESTABLISHING MONTHLY RATES FOR MANDATORY RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR THE CITY OF VAN BUREN, 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim. Parker, Ragsdale. Dodd. and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. 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 Sagely. On the Clerk's calling the roll. the following vote resulted: Ayes Alderman Swaim. Parker. Ragsdale. Dodd. and Sagely. The Mayor declared the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. 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 Ragsdale to adopt the Ordinance. On the Clerk's calling the roll. the following vote resulted: Ayes Alderman Swain. Parker, Ragsdale. Dodd. and Sagely. The Mayor declared the notion 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 City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 15 -2009 RDINANCE NOS NOW, THEREFORE, BE If iar a orty of h e a r O Cents 15 -2009 I ORDAINED BY THE CITY l lar and Forty Eight t Cents IAN ORDINANCE REPEAL- whom COUNCIL OF THE CITY OF ($1.48 for each customer ZING ORDINANCE NO. VAN BUREN, ARKANSAS: m a whom m a collectio n was X25 -2007 AND ESTABLISH- THAT, Ordinance No. made. SECTION 3: The sum of L ING MONTHLY RATES 25 -2007 is hereby re- Two Dollars and Zero Passed and approved FOR MANDATORY REST pealed; and, Cents each 17th day of August, t, 2009. DENTIAL SOLID WASTE SECTION 1: The monthly customer for whom a col- Robert D. Freeman COLLECTION SERVICE rate to be charged for lection was made shall be Mayor FOR THE CITY OF VAN each residential unit as remitted to the City of Attest: BUREN, ARKANSAS. defined in Ordinance No. Van Buren for the opera- Barbie Curtis WHEREAS, the City of Van 10 -2009 or hereinafter tion of a residential yard City Clerk/Treasurer Buren, Arkansas has im- amended shall be Four- waste collection program. f Published in the August Iplemented a mandatory ,teen ,Dollars and Forty SECTION 4: The remain -i 19, 2009 issues of the residential solid waste Ceiits ($14.40): These ,der. of charg collected Press Argus- Courier. management system and charges shall' cover, at a shall be remitted to the) recycling program pursu- minimum, once per week (residential solid waste! ant to Ordinance No. residential solid waste disposal firm in actor-1 I .10.2009; and, collection, twice per dance with the Agreement, WHEREAS, it is the duty of month residential curb- between the residential' the City Council of the side recycling collection, solid waste disposal firm City of Van Buren, Arkan- the operation of a recycle and the Van Buren munici- sas to approve rates, drop -off facility, residen- pal Utilities Commission. charges or contractual tial yard waste collection SECTION 5: That if any fees to be charged by ((operated by the Van Bu- Section or part of this Or- residential solid wastel ren Street Department). dinance shall be held to disposal firms; and 1 and a residential yard be invalid or unconstitu- WHEREAS, the cost of1 'waste collection /com- tional, it shall not affect residential solid waste posting facility (operated the remaining Sections collection within the City by the Van Buren Munici- thereof, and the Sections of Van Buren, Arkansas I pal Utilities). and parts of said Ordi- has increased since the SECTION 2: The billing) nonce shall be treated same were last estab- and collection for the resi- severally. lished by Ordinance No, dential solid waste man -I SECTION 6: That all Ordi- 25 -2007, passed and ap- agement program shall bed nances or parts of Ordi- proved August 20, 2007; performed by the Van Bu- nances in conflict herein, and, ren Municipal Utilities ac are hereby repealed. WHEREAS, the Van Buren cording to its customary SECTION 7; That due to Municipal Utilities Com- billing and collection pro- the need to maintain and mission, acting as agent cedures and in actor- enforce a comprehensive, for the City of Van Buren, dance with the Agreement city-wide, solid waste Arkansas has recom- between the residential management program, mended a schedule of solid waste disposal firm and this ordinance being fees and charges for the and the Van Buren Mu- necessary for the preser- operation of the residen- nicipal Utilities Commis- vation of the public peace, tial solid waste manage- t sion. The Van Buren Mu- health and safety, shall be mart program. nim in pal Utilities shall de- in full and farce and effect ct from January 1, 2010. Next on the agenda was Boards and Commissions. The Van Buren Public Library Board recommended the renewal of the term for Kathy Hubbs. Alderman Parker seconded by Alderman Swaim made a motion to grant the nomination. The Council followed with a unanimous vote. Bill Swaim of the Van Buren Advertising Promotion Commission notified the council of his intention to step down from his position on the commission. He nominated Mary Ann Dodd to replace him. Alderman Swaim seconded by Alderman Parker made a motion to grant the nomination. The Council followed w ith a unanimous vote. Next on the agenda was a public hearing on the contract renewal of the Ambulance Service. Chief McAdoo made a summary report on behalf of the EMS Advisor Committee. The committee met in reference to a one year extension of the contract for ambulance service and an amendment to the contract that will allow the use of a Basic Life Support Ambulance to be used for non emergency transports in addition to the two Advanced Life Support Ambulances that were provided in Ole initial contract. There were no citizens who spoke against the Ambulance Service, so the public hearing was closed. Next 011 the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to appropriate the suns of 1228,245.41 to pay expenses and salaries for Julv 2009, presented by the City Clerk. The Council followed with a unanimous vote. I 8 -10 -2009 O B 1 6 AM C I T Y O F V A N 0 0 6 1 9 PAGE: 1 I I TINCE AS OA: JULY 3100, 2009 10 General Fund I YR TC DATE 40NTE TO GATE lvv eICC'[A ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS I ASSTS 1000 Petty Cash 0.00 200.00 1' 1020 Cas in Bank 65,829.27 408,093.53 1020.06 2009 Byrne Grant 0.00 0.00 El 1020.07 20::ylyrne'Crant 0.00 0.00 1020.08 Ceih in Bank -Ins 2008 Storm 0.00 30,052.39 1020.09 District Lout Grant- Mediation 75.00 975.00 J 3,63035 J- G i 6 4 1020.10 =ash in Bank NOC 5,042.53 1020.11 Cash in dank -!0188 1,700.00 3,349.28 5 c 2 L 1020.13 Cash In Bank -ACT 833 0.00 19,364.09 12 '4'T. 1020.1a Court Au mma cion os. u 46,539.06 ct 1,069.37 1992 1020.15 Cash in Bank -ACT 1314 0.00 0.00 11 Y2' 1020.16 AR Dept Of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 1020.18 Cash in Bank PO Co Sax 3,606.43 124,517.56 .'2 4 1 J 1020.19 Cash in Bank FD Co Tax 2,159.50 207,842.07 7 0 1020.20 cash In Bank-Erosion cbncrb1 200.00 2,250.00 1i 3 1020.27 Cash in Bank Levee 2,700.00 9,390.11 1020.31 Cash in Bank Parks a ReC 00.55 53,927.09 I 8. 1 1020.51 Cash in Bank Cemetery 119.54 11,111.93 1020.91 Cash in Bank Cap Imp 11,787.99 355,214.81 1040 Investments 0.00 550,000.00 I 1040.10 Investments Sales Tax City 0.00 0.00 1040.18 Investments F0 Co 'ax 0.00 0.00 1040.19 Investments F0 Co Tax 0.00 6.00 1000.27 Investments Levee 0.00 0.00 1040.31 Investments Parks 6 ReC 0.00 0.00 1040.51 Investments Cemetery 0.00 48,752.59 1040.91 Investments Cap Imp 2,176.08 1,808,430.55 II 1050 Fixed 050614 0.00 0.00 1051 Accumulated Uepreu ac; en 0.00 0.00 I. 0.00 1504 Due from Payroll 0,00 L. 1505 Due From Other Funds 0.01 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE I 2000 Accounts Payable 0.00 0.00 2010 hlunlripal Health fns. Payable 0.00 0.00 1 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union -Firs: Resource 0.00 0'00 2040 LOPFI Payable 0.00 0.00 2050 National Foundation Life Ins. 0.00 0.00 2060 .4Fu4C 0 0.00 i 2080 Conse =o Payable 0.00 0.00 2090 New York Life Ins. Payable 0.0C 0.00 2300 Life Ins. Of Georgia Payable 0.00 0.00 I t I 1 J. Next Police, Fire, Building Inspector, District Court, Engineer, 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. Mayor Freeman mentioned that there has been some discussion in the Monday morning meetings regarding the regulation of donation collections along city streets. It is against state laws to collect along state highways. Collection along city streets are up to the city to regulate and right now the city has nothing in place for that. There have been numerous complaints about health and safety issues with minors and distractions of drivers. The City Attorney suggested putting an Ordinance in place where permits would be issued with no fee, but with restrictions such as age. A second defense would be proof of liability insurance. Insurance policies provided would have a minimal coverage amount. Mayor Freeman also briefly discussed an updated revenue expense report from May to July 2009. He pointed out that sales tax revenues for city and county have fallen back to levels from 2007. Turnback revenues have stayed relatively even. Mayor Freeman presented a draft of the new clean up procedures. Chief Bell has taken the lead to get this accomplished. We will be doing Resolutions to the council to put liens on the properties that we clean up and don't get reimbursed for from the owners. Mayor Freeman mentioned that for the last five years the Mayor's office and the Fire Department have been trying to get a grant to help hire new fi remen and each year have been turned down. This year we toned it down to what we absolutely needed and applied for the grant that would allow us to hire 3 new firemen. We've received positive feedback that we might actually get this grant. The grant would pay 90% the first year. 70% the second year, and 50% the third year of the new firemen's salaries. Lastly, Alderman Donna Parker asked for an update on the Library. Mayor Freeman said the roof is on! He also mentioned Crawford Construction has been doing a great job and has been great to work with. There being no further business, motion was made by Alderman Parker and seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous vote. The meeting adjourned at approximate!) 7:35 p.m. ATTESTED: AP R VED: CITY CLERK TREASURER MAYOR