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06 June 2008 regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JUNE 16, 2008 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, June 16, 2008 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 Swaim, Parker, Moore, Johnson, Dodd and Sagely. City Attorney Donald Jenkins and City Clerk Treasurer Barbie Curtis were absent. Deputy City Clerk Connie Hyatt was present. This made a total of eight (8) present. A quorum was declared. The invocation was given by Rev. Schanon Caudle, Pastor of North Park Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman made a presentation on the City of Van Buren's Revenues and Expenses for May 2008. Major categories for Revenues were State Turnback, Franchise Tax, City Sales Tax, County Sales Tax, Property Tax, and Permits and Fee Receipts. Mayor Freeman stopped to comment on the Franchise Tax. OG &E and AR Valley Electric are currently calculated by 5 AOG is a flat fee all year. Sometime in the future he would like to see AOG go to a percentage rate. Also, a lost mail bucket of Sales and Use Tax Reports resulted in a drop of $50.000.00. That money was recovered and sent out. Mayor Freeman also noted that Permits and Fees were down in December 2007 and up in January 2008 due to the business licenses. A new software program created this delay. The increase of roofers in April and May 2008 caused a spike in both permits and fee receipts. Expenditures were split up by Departments. Planning and Historic District are no longer a part of Building Department. Property Maintenance is a new department. Even though the expenses are split they still add up to about the same. Police and Fire Departments showed a spike this year due to retirement with LOPFI. The City of Van Buren paid heavily for the first 6 months, then slowed down and received LOPFI turnback. This will even out over the next 6 months. Street dropped due to salaries and expenses. Mayor Freeman commented briefly on fuel costs. Fire Department was up $1705.00 due to and increase of 29% run volume over 2007. On the agenda next was to consider A RESOLUTION ACCEPTING THE BID FROM BROWN- HILLER -CLARK ASSOCIATES FOR PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Johnson moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. 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 6 -1 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. IQ-� -2008 A RESOLUTION ACCEPTING THE BID FROM BROWN- HILLER -CLARK ASSOCIATES FOR PROPERTY INSURANCE. WHEREAS, The Mayor has advertised for bids for property insurance; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, Brown- Hiller -Clark Associates was the lowest bid in the amount of 59,789.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, The bid of Brown Hiller -Clark Associates is reasonable and is hereby accepted. The Mayor is authorized to contract with Brown- Hiller -Clark Associates for property insurance in the amount of 59,789.00. PASSED AND APPROVED THIS 16' DAY OF JI 2008. ATTESTED: I 7" n CITY CLERK-TREASURER ASURER )12[tdt1 Ca C �Ei- On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN, ARKANSAS, TO SIGN AN AMENDMENT TO WATER PURCHASE CONTRACT DATED JANUARY 28, 1986, BETWEEN THE CITY OF VAN BUREN AND THE SEQUOYAH COUNTY WATER ASSOCIATION OF OKLAHOMA. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman asked for clarification on why the contract was being amended. Discussion was made that the contract was being amended to reflect an increase in the term of the contract. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. 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 6 -2 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. I,,' 2„ -2008 ARESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN, ARKANSAS, TO SIGN AN AMENDMENT TO WATER PURCHASE CONTRACT DATED JANUARY 28, 1986, BETWEEN THE CITY OF VAN BUREN AND THE SEQUOYAH COUNTY WATER ASSOCIATION OF OKLAHOMA. WHEREAS, The City of Van Buren and the Sequoyah County Water Association has entered into a Water Purchase Contract dated January 28, 1986; and WHEREAS, The Van Buren Water and Sewer Commission, at its regularly scheduled meeting on May 14, 2008, has recommended to the City Council that it would be in the best interest of the City of Van Buren to amend said contract: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, the Mayor of the City of Van Buren, Arkansas, is hereby authorized to sign the attached Water Purchase Con- tract Amendment, that said Amendment is attached hereto as Exhibit A and is incorporated herein by reference and that the City Clerk of the City of Van Buren', Arkansas, is hereby authorized to attest the Mayor's signature on said contract amendment. PASSED AND APPROVED THIS 16TH DAY OF JUNE 2008 I MAYOR ATTESTED: "k A,u c -M, i CITY CLERK- TREASURER b-: p-+L CAA CIe,d On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED OF BY SEALED BID, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. 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 6 -3 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1. 3 2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE HIGH BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO I3E SOLD AND DISPOSED OF BY SEALED BID, AND FOR OTHER PURPOSES. WHEREAS, The City of Van Buren has authorized the sale and disposal of certain fixed assets which are obsolete, and /or beyond repair, and are no longer cost effective, so as to no longer be needed by the City, pursuant to Resolution No. 5 -1 -2008: and WHEREAS, The City of Van Buren, after advertising, soliciting and opening sealed bids for said assets, has received adequate and acceptable bids for each listed item thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the Mayor is hereby authorized to accept the high bids as set forth in Exhibit "A" attached hereto for the following property: 2002 Ford Crown Victoria Sedan FD1 -327 333.00 1995 Chevy Cavalier FDI -152 720.00 1996 Ford Crown Victoria Sedan FDI -328 806.00 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 these sales and transfers. IN WITNESS WIIEREOF. the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its meeting held on the 16'" day of June, 2008. Robert D. Fre- ATTESTED: APPROVED AS TO FORM: Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins, Jr.. City Attorney h± e4k G eLic On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, AS AUTHORIZED UNDER ARKANSAS LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. 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 Swaim, Parker, Moore, Johnson, Dodd and Sagely. 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 6 -4 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. (P 2008 BE IT ENACTED BY THE CITY COUNCIL_. FOR THE CHY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, AS AUTI IORIZE D UNDER ARKANSAS LAW. 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, Said items or item should be disposed of in accordance with state law, A.C.A. 14 -58 -306, and removed from the City's Fixed Asset Inventory. 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 assets from the Fixed Asset Inventory and to dispose of same by such methods authorized under the law as setforth in attachment "A' hereto: Department Amount Description of lnventon' Control Police Department S3,695.00 Decatur Mobile Video System PD -506 Police Department 53 695.00 Decatur Mobile Video System PD -515 Police Department 53.695.00 Decatur Mobile Video System PD -535 IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by avote of for and O against, the foregoing Resolution at its meeting held on the 16 day of June. 2008. Robert D. ATTESTED: APPROVED AS TO FORM: r .\/LLLC V tiaxt Barbie Curtis, City Clerk /Treasurer N. Donald Jenkins, Jr., City Attorney On the agenda next was to consider A RESOLUTION 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. Alderman Swaim questioned the year of the John Deere tractor. City Engineer, Brad Baldwin, mentioned that he did not know the year model, but the reason the Street Department is selling it is because they don't need it any longer. Alderman Swaim seconded by Alderman Johnson moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson. Dodd and Sagely. 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. CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. p 5 -2008 f3E IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO 13E ENTITLED: A RESOLUTIOrN TO RENMO VE AND DISPOSE OF CERTAIN FIXED ASSETS FRONI TIIE 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, beyond repair, and are no longer cost effective to maintain, so as to no longer be needed by the City; and WHEREAS, It is desirable for said items to be removed from the City's Fixed Asset Inventory and disposed of by sealed bid. auction or as otherwise authorized in accordance with state law, A.C.A. 14 -58 -306. 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 assets from the Fixed Asset Inventory and to dispose of same by sealed bid, auction or other such methods authorized under the law: Depamnent Amount Description of Inventory Control Street Department 532,698.00 John Deere SSZO Tractor ST -226 Street Department S 9.000.00 2000 Chevrolet Van ST -216 Street Department 516,475.00 1985 Ford Dump Truck ST -37 Street Department 517,250.00 2002 Ford Crown Victoria ST -254 Cemetery S 2.945.94 Dixon Mower FC -04 IN R'ITNESS WHEREOF. the City of Van Buren Arkansas, by its City Council, did pass, approve, and adopt, by a vote of lo_ for and 0 against, the foregoing Resolution at its meeting held on the 16 day of June, 2008. S IM 11/4 Robcn D. "T min. .v ATTESTED: APPROVED AS TO FORrNI: r 2 A t t Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney ph--4-1 U p.-y City GleAlt- On the agenda next was a request from Classic Truckers and Cruisers to close a portion of Main Street for the first ever Van Buren Motor Fest. Mayor Freeman asked for a motion to grant their request. Alderman Swaim seconded by Alderman Johnson moved that the request be granted. The Council followed with a unanimous vote. Next on the agenda was Boards and Commissions. The Mayor received a letter from the Van Buren Public Library Board. The Board of Commissioners of the Van Buren Public Library have unanimously nominated Ms. Jackie Wyatt to serve on the Board of Commissioners for another five year term. Alderman Swaim seconded by Alderman Dodd made a motion to grant the nomination. The Council followed with a unanimous vote. The Mayor also received a letter from the Planning Commission. The Board of Commissioners of the Planning Commission have unanimously nominated Philip Bagby, Sue Moore, and Woody Nelson to serve on the Board of Commissioners for another 3 year term. Alderman Parker seconded by Alderman Moore made a motion to grant the nomination. The Council followed with a unanimous vote. Next the Mayor received a letter from the Historic District. The Board of Commissioners of the Historic District have unanimously nominated Vickie Davis and John Symonds to serve on the Board of Commissioners for another 3 year term. Alderman Johnson seconded by Alderman Swaim made a motion to grant the nomination. The Council followed with a unanimous vote. Lastly, the Mayor nominated Derek Barlow to serve on the Board of Commissioners for the Parks and Recreation Commission for another 5 year term. Alderman Moore seconded by Alderman Johnson made a motion to grant the nomination. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Parker to appropriate the sum of $1,360,641.93 to pay expenses and salaries for May 2008, presented by the Deputy City Clerk. The Council followed with a unanimous vote. 6-04 -2008 03,06 PM C I T Y O F VAN 8 0 8 0 0 PAGE: 1 T0.'Al x--- AS OF: MAY 31ST, 2008 10 General Fund 008T6 TO BATE YEA4 TO DATE ACCT4 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 29,558.10 122,200.32 1020.09 District Cout Grant-Mediation 2,600.00 2,800.00 0-* 1020.10 Cash in Bank ADC 0.00 0.00 1020.11 Cash in Bank -KOBB 0.00 302.50 1,207,029.94+ 1020.13 Cash In Bank -ACT 833 13,983.48 55,576.23 1 7 3 5 24 1020.14 Court Automation- District 687.50 38,687.94 1020.15 Cash 51 Bank -ACT 1314 0.00 0.00 8 4, 0 7 0. 0 2+ 1020.11 New Police Dept 0.00 35,000.00 674-87+ 1020.18 Cash 01 Bank PD Co Tax 20,666.06 43,380.09 6 i 5 1 9 9 5 1020.19 Cash in Bank FD Co Tax 12,958.25 102,292.13 1 s 6 1 4 6 1 1020.20 Cash In Bank Erosion Control 275.00 14,775.00 1020.27 Cash in Bank Levee 0.00 5,594.17 0 0 6 1020.31 Cash in Bank Parks 6 Rec 26,859.40 39,495.85 I i 6 0 6 6 1 9 3 m 1020.51 Cash in Bank Cemetery 61.88 13,090.18 1020.91 Cash in Bank Cap Irp 85,317.05 516,794.01 1040 Investments 0.00 550,000.00 1040.10 Investments sales Tax City 0.00 0.00 1040.18 Investments PO 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 S. Rec 0.00 0.00 1040.51 Investments Cemetery 0.00 40,752.59 1040.91 Investments Cap Iop 0.00 1,797,675.20 1050 Fixed Assets 0.00 0.00 1051 Accumulated cep_epiauon 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 hue from. Street Fund 0.00 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 2000 Accounts Payable 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union -First Resource 0.00 0.00 2040 LOPFI Payable 0.00 0.00 2050 National Foundation Life I08. 0.00 35.28 2060 AFLAC 0.00 0.00 2080 Conseco Payable 0.00 0.00 2090 New York Life Ins. Payable 0.00 0.00 2100 Life Ins. of Georgia Payable 0.00 0.00 2130 Garnishments Payable 180.00 2,506.83 2135 R. Allen Trust 9502355610 0.00 0.00 2140 united way Payable 0.00 0.00 2150 Parks 6 Rec. F.O.B. 0.00 p 250.00 1 I 1 I Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for filing. There being no questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman briefly commented on the levee. He received three responses from engineering firms for requests of qualifications. City Engineer, Brad Baldwin, Mayor Freeman, the Crawford County Levee board, and the Van Buren Levee board sat down and made a recommendation that of the 3 firms Freese Nichols, Inc. and McClellan Consulting Engineering, Inc. be selected based on their qualifications. The Mayor requested dollar amounts for how much the project would cost. He said we would discuss this at a later time. Next step will be to sit down and look at these numbers with the City Engineer and the County Judge and possibly enter into contract. Mayor Freeman then moved on to the subject of storm damage. Judge Hall requested State Assistance. Reimbursement will be 30 The street department is still clearing road blockages that aren't affected by power lines. We're still waiting on OG &E to take care of those. He also spoke with Gary Smith with the Van Buren Municipal Utilities regarding the compost site. Gary mentioned burning the debris as it comes in. Arkansas Department of Environmental Quality will be coming in to assess the compost site. Mayor Freeman entertained the idea of contracting out the job for clean up assistance, and asked for approval to use Capital Improvement monies and set up a project accounting code to fund it. Alderman Parker said this idea sounds good. Alderman Swaim mentioned that the City contracted labor out for a previous storm and it was very successful and a good thing. There being no further business, motion was made by Alderman Parker and seconded by Alderman Johnson to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:54 p.m. ATTESTED: y� AP t R I VED CITY CLERK- TREASURER MAYOR