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09 September 2008 Special MINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD SEPTEMBER 2, 2008 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 5:30 p.m., on Tuesday, September 2, 2008 at City Hall. The meeting was called to order by Mayor Freeman. Council members present were Alderman Swaim, Parker, Dodd, and Sagely. City Attorney Donald Jenkins and City Clerk Treasurer Barbie Curtis were also present. This made a total of seven (7) 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." On the agenda was to consider A RESOLUTION ACCEPTING THE BIDS FROM VARIOUS VENDORS FOR THE PURCHASE OF INTERIOR FURNISHINGS FOR THE VAN BUREN LIBRARY, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Parker seconded by Alderman Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Dodd and Sagely. 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 9 -1 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. I f -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE BIDS FROM VARIOUS VENDORS FOR THE PURCHASE OF INTERIOR FURNISHINGS FOR THE VAN BURENLIBRARY, AND FOR OTIIER PURPOSES. WHEREAS, the City of Van Buren duly advertised and let bids for the purchase of the interior furnishings for the new Van Buren Library; and WHEREAS, bids have been received and opened in accordance with Arkansas law, and after consulting with MAHG Architecture and the Library Board, the following vendors were the lowest acceptable bidders, with a combined bid amount of two hundred twenty six thousand six hundred ninety nine dollars and 29 cents (5226,699.29), meeting the bid specifications: I. Missco Contract Sales Fort Smith_ AR 2. The Norman Company Fort Smith. AR 3. Workplace Resource Little Rock, AR 4. Today's Office Springdale, AR 5. LaFlarpe's Office Furniture Little Rock, AR 6. Irmerplan Office Interiors Fayetteville_, AR 7. Woodco Furniture Van Buren. AR and WHEREAS, the City of Van Buren has determined that the bids of the above listed vendors are the best bids meeting the specifications for the new Van Buren Library; NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION I. -.The City of Van Buren, Arkansas hereby accepts the above bids, as more fully set forth in Exhibit "A' attached hereto, totaling two hundred twenty six thousand six hundred ninety nine dollars and 29 cents (5226,699 29), to be paid out of Library Sales Tax funds. SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to and 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 4 for and 0 against, the foregoing Resolution at its Special Meetine held on the 2" day of September 2008. Robert D. Freeman, Mavo ATTESTED: APPROVED AS TO -ORM: Tidicja. Barbie Curtis, City Clerk/Treasurer N. Dona Je ty At rney On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO CONTRACT FOR STUMP 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. 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, Dodd and Sagely. 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 9 -2 -2008 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. q -c? 2008 RE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED_ A RESOLUTION AUTHORIZING 11115 'IAVOR TO CONTRACT FORSTUMP REMOVAL CAUSED BY RECENT STORMS, ON BEHALF OF THE CITY OF VAN BUREN, AND FOR OTHER PURPOSES. WHEREAS, In the month oflune, 200R, a series of aorms and straight -line winds hit the City of Van Buren, causing damage and waste to city trees, city property, and city structures, thereby creating health and safety hazards for the citizens of the CIry; and WHEREAS, Van Buren has been declared a state disaster area, as provided for under the ARKANSAS EMERGENCY ERR VICRS ACT OF 1993 (A.C.A. 112 101 nt Seg)I and WHEREAS, due to the storm damage within the City, there exist emergency situations on city properties and/or right -of -ways that needs to be cleaned up without the delay of bidding or coma approval as contemplated by Title111 of the Van Buren Municipal Code and WHEREAS, After investigation by the City, the Mayors office has determined that there is an itnmediate need to contract for services with Lan-n Gordan Construction for the removal and disposal of eighteen (18) uprooted stumps at the hourly rates as setforth in Exhibit "A" anached hercio, for a total price not to exceed 523,400,00; and WHEREAS, the Ciro anticipates that a significant portion of these costs and expenses will be reimbursed by the Arkansas Department of Emergency Management, NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Cowell recognizes the immediate need and benefit to authorizing the Ylavor to contract for services with Larry Gordan Construction for the removal and disposal of eighteen (18) uprooted stumps at the hourly rates es setfortb in Exhibit "A' aaached hereto, for a total price net to exceed 623,400.00. SECTION 2: file Mayer and City Clerk are hereby authorized by the City Council for the City of Van Buren to par all expenses relating to and to execute all documents necessary to effectuate this resolution. SECTION 3: The City Council fimher authorizes the administration of this resolution without the competitive bidding required under OrdinanceNo.99 -2 (VarBuren Municipal Code 3.04.02). IN'I WHEREOF, the City of Van Buren, Arkansas, by its Cisc Council, did pass, approve, and adopt, be a vote of for and 0 against, the foregoing Resolution at its Special Meeting held on the 2p day of September 2008. Robes D. Freeman, Mayor A� T ESTED_ AP9OVED AS TO FO Barbie Curtis, City Clerkll'reasurer N. Don, d s, Jr., imliuromey After passing the Resolution 9 -1 -2008, Alderman Swaim asked if the City wanted to talk to Larry Gordon about doing stump removal for the Citizens in the area's he will be working. The cost would be paid by the Citizens not the City. Mayor Freeman told City Engineer, Brad Baldwin, to talk to Larry Gordon about this. On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING; TO AUTHORIZE REPAIRS TO VARIOUS BUILDINGS OWNED BY THE CITY OF VAN BUREN; FOR THE APPROPIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER 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, Dodd and Sagely. The Mayor declared the motion carried as there were four (4) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read 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 Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker. Dodd and Sagely. The Mayor declared the motion carried as there were four (4) 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Dodd and Sagely. The Mayor declared the motion carried as there were four (4) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Dodd and Sagely. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 18 -2008 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 18 -2008 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN. ARKANSAS AN :ORDINANCE TO BE ENTITLED: 'AN ORDINANCE TO WAIVE COMPETITIVE BIDDING; TO AUTHORIZE REPAIRS TO ,VARIOUS BUILDINGS OWNED BY THE CITY OF VAN BUREN; FOR THE APPROPRI- ATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS. the City of Van Buren has, upon receiving approval from the City's insurance provider, solicited bids for roof and siding repairs to various city owned buildings damaged in recent storms; and WHEREAS, the following repairs have been authorized by the insurance company: I. Animal Shelter Big Smith Roofing 2,922.38 2. Dr. Louis Peer Memorial Park D &S Specialty 1,325.21 3. Field of Dreams Concession. Big Smith Roofing 4,124.28 14. FOD Concession 2 Big Smith Roofing 3,310.86 5 FOD Football Press Box Big Smith Roofing 1,154.65 1 6. FOD Hospitality House Big Smith Roofing 3,124.28 17. FOD Ticket Booth Big Smith Roofing 175.00 8. King Opera House R1. Roofing $69.225.00 9. Riverfront Park Restrooms Big Smith Roofing 904.34 10. Van Buren Senior Inn Big Smith Roofing $10.085.47 at the prices herein. as more fully setout in Exhibit "A" attached hereto: and WHEREAS. based on the approval by the insurance company and a review by the Mayor's office, the City of Van Buren has determined that these bids are the best available bids and should be ap- I proved immediately for the preservation of the City properties: and WHERAS. the City Council has determined, pursuant to A.C.A. 4- 58- 303(b)(2)(B) that excep- 1 tional circumstances exist which render the formal competitive bidding process to not be practical or feasible: and' WHEREAS, a state of emergency exists because the repairs herein are needed immediately to pro 1 vide for the health, safety, and welfare of the citizens of Van Buren and to preserve the property of the city. NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN. ARKANSAS, THAT: SECTION The City Council in accordance with the terms of A.C.A. 14- 58- 303(b)(2)(B), here- by waives the requirement of competitive bidding in this particular case. as such procedure is not deemed feasible or practical. and hereby authorizes and directs the Mayor to enter into contracts for the above described repairs. SECTION 2: That in order to make the repairs hereto. at the amounts herein, it is further found that 1there is an immediate need to begin the work hereto. and as such an emergency is declared to exist and this ordinance being necessary for the preservation of the public health, saafety, and welfare, !shall take full effect from and after its passage and approval. SECTION 3: the Mayor is hereby duly authorized to expend up to the bid prices setforth in Exhibit A, for the corresponding repairs, to file any and all documents necessary with the City's insurance provider for reimbursement or direct payment for said repairs: and to execute all documents, con- tracts and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF, the City of Van Buren. Arkansas, by its City Council, did pass, approve, and adopt, by a vote of'4for and Q against, the foregoing Ordinance at is Special Meeting held on the 2nd day of September 2008. Robert D. Freeman, Mayor NIT STED: BARB( IIRTIS CITY CLERK/TREASURER APPROVED AS TO FORM: N DONALD JENKINS. JR., CITY ATTORNEY Published in the September 6.2008 issue of the Press Argus Courier Next on the agenda was Miscellaneous and General Discussion. The Mayor mentioned three things: Insurance. Arkansas Department of Emergency Management, and FEMA Disaster. He said that we should re -coop 35% of the costs from ADEM and about $450,000- $500,000 from FEMA to cover costs of repairs. Also, $50,000 of that will be for the old lights in downtown Van Buren. Alderman Parker said she was glad to see that the King Opera House was getting a new roof. There being no further business, motion was made by Alderman Parker seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:05 p.m. ATTESTED: AP' OVED: L(60AILL /r� CITY CLERK TREASURER M YOR