06 June 2008 Special MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD JUNE 26, 2008
A special called meeting of the City Council of the City of Van Buren. Arkansas met at
5:30 p.m., on Thursday, June 26, 2008 at City Hall. The meeting was called to order by
Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Johnson, Dodd, and
Sagely. City Attorney Donald Jenkins and Deputy City Clerk Connie Hyatt were also present. City
Clerk- Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was
declared.
The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING
AND WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING."
NOTICE OF SPECIAL MEETING
NOTLCE OF SPECIAL DIEETING TO TILE CITY COUNCILMEN
OF THE CITY OF VAN BUREN, ARKANSAS
Notice is hereby given that a Special Meeting of the City Council of the City of Van
Buren, Arkansas, will be held at the Municipal Complex at 5:30 P.M. on Thursday, Jude-
26, 2008, for the following purpose:
Debris Clean-Up
c
Levee Certification
I_
BOB F '0
CERTIFICATE OF SERVICE OF NOTICE
1, Barbie Curtis. the duly appointed City Clerk- Treasurer of the City of Van Buren,
Arkansas, 1)0 HEREBY CERTIFY, that on the 26th day of Junt 2008, I served a true
copy of the foreeoing Notice of Special Meeting to each and every Councilman of the
City of Van Buren. Arkansas, by handing a copy to each, in the manner provided in the
By -Laws.
cook, giu,
BARBIE CURTIS n 6
CITY CLEPK T- REAS11RER De.��y w- H lekK'
WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING
We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby
accept service of the NOTICE OF SPECIAL MEETING,waiving any and all
irregularities in such service and in such Notice and Consent agree that the said City
Councilmen of the City of Van Buren, Arkansas, shall meet at the time an. 'lace named
in such Notice and for the purpose stated therein. C
S.—J.
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On the agenda was to consider A RESOLUTION AUTHORIZING THE MAYOR TO
INITIATE CERTIFICATION OF VAN BUREN LEVEE SYSTEM IMMEDIATELY;
AUTHORIZING THE EXPENDITURE OF FUNDS TO CERTIFY THE LEVEE
SYSTEM WITHIN THE CITY OF VAN BUREN; AND FOR OTHER PURPOSES.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. It was
mentioned that initially the Council approved the Mayor to contract with the U.S. Army Corps of
Engineers in the amount of $160.000.00 to begin the process of the certification of the Levee. After
checking the legalities, due to the Thomas Amendment, they were not able to proceed unless a private
company could not provide those services in a timely and costly manner. After looking at 3 engineering
firms, Freeze and Nichols, Inc. was chosen by their qualifications to work up a price. They submitted a
price of $140,000.00 and they were able to do the job in a timely manner. Freeze and Nichols are
teamed up with McClellan Consulting Engineering, Inc. out of Fayetteville and they will be able to start
the process in about two weeks. 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 -6 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION Na 1 L -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTfILED.
A It ESOLUITON AUTHORIZING '0116 ,MAYOR TO
INITIATE CERTIFICATION OF VAN BUREN LEVEE
SYSTEM IJINIEDIATELY; AUTHORIZING THE
EXPENDITURE OF FUNDS TO CERTIFY '11113 LEVEE
SYSTEM t\TTULN TIIE CITY OF VAIN BUREN; AND FOR
OTHER PURPOSES.
WHEREAS, the city of Van Buren contains within its corporate limits approximately 1.5 miles
of Cranford County's 22 miles of flood control levees, built by the U.S. Army
Corps of Engineers in 1941 to protect the town from the devastation of food waters;
and
WHEREAS, the annual inspections of the flood control levee system conducted by the City under
the direction of the U.S. Array Corps of Engineers has generally found that the
system remains in good condition; and
WHEREAS, FEML\ is currently updating flood maps nationwide, and requiring as part of this
process that all levees providing flood protection be certified within the FENLA
mandated time period of 24 months, and failure to do so will result in substantial
increases in special flood bawd areas and flood insurance requirements for the
citizens and businesses of Van Buren; and
WHEREAS, the City needs to obtain certification of the Van Buren levee system from Freeze
and Nichols. Inc. immediately and begin working with Cranford County Levee
Board to obtain funding and begin certification as soon as possible; and
WHEREAS, the Van Buren Levee Board has unanimously recommended that the action hereto
he taken as soon as possible, Inc the health, safety and welfare of the City.
NOR, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION I: The Van Buren City Council does hereby approve the appropriation of funds in the
amount of8 140,000.00 from Capital Improvements funds for the purpose of funding
the aforementioned certification.
SECIJON2: The Mayor and City Clerk arc hereby authorized by the City Council for the City of
Van &ucn to execute all documents necessary to effectuate this resolution.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of L1 for and 0 against, the foregoing Resolution at
a special meeting held on the 26 day of Inns 2008.
Robert D. Freeman,� r�
ATTESTED: APP r VE. S TO P0 I:
0 0 Lta:- cA.
Barbie- Cunia, City- C3 ,eseuer N.D •g
IS.prty Wri
On the agenda was to consider A RESOLUTION AUTHORIZING THE MAYOR TO
CONTRACT WITH CERTAIN CONTRACTORS FOR EMERGENCY DEBRIS AND WASTE
REMOVAL CAUSED BY RECENT STORMS, ON BEHALF OF THE CITY OF VAN BUREN,
AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked
if there was any discussion. The Mayor said Larry Ricketts called several construction companies to see
if they had the equipment to help with the clean -up. Mr. Ricketts said Larry Gordon Construction
Company has three (3) dump trucks and one (1) backhoe, TNT has one (1) dump truck and one (1)
backhoe, and Rick Coombes has a dump truck. The Mayor said we would have five (5) crews working.
He said there would be a window of three (3) weeks, two to two and a half (2- 2 12) to hit all streets and
the other week to go back through where needed. The cost will probably be around $75,000.00 with the
City getting around $25,000.00 reimbursed from ADEM. Alderman Swaim seconded by Alderman
Moore 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 -7 -2008
an' OF VAN BUREN, ARKANSAS
RESOLUTION NO. (3 r i -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN RUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION AUTHOIIIZLNG TILE MAYOR TO
CONTRACT WITH CERTAIN CONTRACTORS FOR
EMERGENCY DEBRIS AND WASTE REMOVAL CAUSED
BY RECENT STORMS, ON BEHALF OF THE CITY OF VAN
BUREN, AND FOR OTHER PURPOSES.
WHEREAS, In the month of l one, 2008, a series of storms and straight -line winds tit the City of
Van Buren, causing damage and waste to city trees, city propeny, and city structures,
thereby creating health and safety hazards for the citizens of Be t City; and
WHEREAS, Van Buren has been declared a state disaster arco, as provided for under the
ARKANSAS EMERGENCY SERVICES ACT OF 1973 (A.C.A. 12 -75 -101 et. seg.); and
WHEREAS, Inc to the stun damage within the Ciry, there exist emergency situations on city
properties, unsafe city structures, and unwholesome and unsafe debris and waste that
need to be cleaned up and/or removed. without the delay of bidding or council
approval as contemplated by Title III of the Van Buren Municipal Code; and
WHEREAS, the Mayors office has determined that there is an immediate need to contract for
services of up to three (3) front end loaders, with qualified operators, at 565 per
hour, and up to six (6) dump trucks, with qualified operators, at 565 per hour; and
WHEREAS, the City anticipates that n significant portion of than costs and expenses will be
reimbursed by the Arkansas Department of Emergency Management,
NOW, THEREFORE, BE H RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The City Council recognizes the immediate need and benefit to authorizing the
Mayor to contract for services for up to three (3) front end loaders, with qualified
operators, al 565 per hour, and up to six (6) dump mucks, with qualified operators,
at 565 per hour.
SECTION 2: The Mayor D hereby authorized to contract for services for emergency debris and
waste removal caused by recent storms and to otherwise effectuate the clean up of
stortndamaged areas, in order to alleviate the health and safety hazards to the citizens
of this city, for the smites of up to three (3) front end loaders, with qualifcd
operators, at 565 per hour, and up to six (6) dump trucks, with qualifed�rators,
at 565 per hour with contractors duly authorized, licensed, and bonded to do business
in the City of Van Buren including, but not limited to: Larry Gordan Construction,
TNT Incorporated and Crawford Sebastian Sales Company.
SECTION3: The Mayor is further authorized to administer this resolution without competitive
bidding required under Ordinance No. 99-2 (Van Buren Municipal Code 3.04.02).
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its Ciry Council, did
pass, approve, and adopt, by a vote of 0 for and 0 against, the foregoing Resolution at duly
called special meeting held on the 26th day of lune2008.
Le,
Robert D. Freeman, r ayor
ATTESTED: APPROVED AS TO FORM:
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Next on the agenda was Miscellaneous and General Discussion. It was discussed that the
Highway Commissioners have considered and approved the study of putting an interchange at 16`
Street by the tennis courts. They are also going to study Access Road for a better way.
There being no further business, motion was made by Alderman Swaim seconded by Alderman
Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:46 p.m.
ATTESTED: y APPROVED:
CITY CLERK TREASURER MAYOR i-k-