10 October 2008 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING OCTOBER 20, 2008
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, October
20, 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 Clerk Treasurer Barbie Curtis was present. City
Attorney Donald Jenkins was absent. This made a total of eight (8) present. A quorum was
declared.
The invocation was given by David Needham, First Baptist Church Deacon.
Next, Mayor Freeman led the Pledge of Allegiance.
Next, Mayor Freeman made a presentation of the Arkansas and American flags to Logan
Needham and Kody Lee. Also, the City of Van Buren was picked as a Volunteer Community of
the Year from the Department of Tourism.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on September 15, 2008. Alderman Swaim made a motion to approve the minutes. Alderman
Johnson seconded the motion. On roll call, the following Council members voted aye:
Alderman Swaim. Parker, Moore, Johnson, Dodd, and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on October 6, 2008. Alderman Swaim made a motion to approve the minutes.
Alderman Dodd seconded the motion. On roll call. the following Council members voted aye:
Alderman Swaim. Parker, Moore. Johnson, Dodd. and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION AMENDING RESOLUTION
2 -10 -2005 TO INCREASE THE PETTY CASH FUND FOR THE POLICE
DEPARTMENT, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Johnson
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, Moore, Johnson, 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 10 -2 -2008
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. tD -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AMENDING RESOLUTION 2 -10 -2005 TO
INCREASE THE PETTY CASH FUND FOR TILE POLICE
DEPARTMENT, AND FOR OTHER PURPOSES.
WHEREAS, The Police Department currently has a Petty Cash Fund in the amount of S100.00,
as established by Resolution 2 -10 -2005 in accordance with the State Auditor's
recommendation; and
WHEREAS, The current amount is not sufficient to cover the Police Deparunent's postage,
newspapers, and other miscellaneous items necessary for its day -to -day operations,
and therefore it is necessary to increase the amount to 5200.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: Resolution 2 -10 -2005 is hereby amended to increase the Petty Cash Fund amount to
5200.00 for the Police Depamment.
SECTION 2: All funds drawn though the Police Department Petty Cash Fund shall he accounted
for and administered in accordance with ARK. CODE ANN. 14 -59 -106.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and _Q_ ae inst, the foregoing Resolution at its
meeting held on the 20 day of October, 2008.
I
Robert D. P n
Al APPROVED AS TO FORM:
t k Lf� ce ILL
Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney
On the agenda next was to consider AN ORDINANCE TO AMEND VAN BUREN'S
SUBDIVISION REGULATIONS, ORDINANCE NO. 07 -2003; 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, Moore, Johnson, Dodd, and
Sagely. The Mayor declared the motion carried as there were six (6) 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 Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) 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. City Engineer, Brad Baldwin, said
the he, the County Judge, and Planning Commission are working together to see the five acre
exemption goes away within the city.
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, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Johnson, that the
emergency clause 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 then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 23 -2008
NOW, THEREFORE, BE IT
CITY OF VAN BUREN ORDAINED AND ENACTED
ARKANSAS BY THE CITY COUNCIL OF
'ORDINANCE NO. THE CITY OF VAN'BUREN, mand resulting ..from pio-
INANCE O ARKANSAS, THAT: posed development.
BE IT ENACTED BY THE SECTION 1:'Article I, Sec- SECTION 2: The passage
lion 15,'of'Ordinance 1 No: and approval of these
CITY COUNCIL, FOR THE 07 -2003 (Van Buren Mu- amendments. to the Van
CITY OF. VAN BUREN, AR- nicipal Code 15.04.02) is Buren Subdivision Ordi-
KANSAS AN ORDINANCE amended as follows: nance will make the sub-
TO BE ENTITLED: Subdivision within the division regulations of the
AN ORDINANCE TO corporate city limits shall City more comprehensible IN�WITNESS
AMEND VAN BUREN'S the City of Van Buren, by
mean the 'division of or' and apprehensible for the
SUBDIVISION REGULA- the assimilation of one (l); City and' its. citizens. its City Council, did pass,
TIONS, ORDINANCE NO. or more parcels of land, Therefore, an emergency 'approve, and adopt, by a
07-2003; DECLARING into two (2)' or morel is declared to .exist and vote of 6 for and 0
AN EMERGENCY; AND pacels, building sites or this Ordinance, being nee- against, the foregoing Or-
FOR OTHER PURPOSES. other divisions for sale or• essary for the.-preserva- dinance at its. Meeting
WHEREAS, after a review building development, and'., Lion of the public peace, held on the 20th day of
of the language in Ordi; outside the corporate city' health' and safety, shall be October, 2008.
nance No. 07 -2003 by the limits, but within the plan- in full force and take ef- Robert D. Freeman, Mayor
Van Buren Planning De- ning ,jurisdiction, shall' feet immediately •upon Attested:'
partment and the Plan- mean the division of or' and after its passage. Barbie Curtis, City
ning Commission there the assimilation of one (1)` SECTION 3: The various •Clerk/Treasurer
appears to be language or more parcels of land' provisions and parts of Approved as to form:
that is confusing, super into two (2)•or more par this Ordinance are hereby N. Donald Jenkins, Jr., City
fluous and /or unneces celi, building sites or' ;declared to be severable. Attorney
sary in Article I (15): and other divisions for sale on and, if any section or part Published in the October
WHEREAS, notice of a building development J of a section, or any provi- 25, 2008 issue of the Press
j Public Hearing was duly when any one (1) of 'the sion or part of a provision Argus- Courier,
published, and a Public resulting contiguous par- herein, is declared to be
Hearing was conducted by cels in the ownership Is unconstitutional, inappro-
the Van Buren Planning reduced to less than five priate, or invalid by any
Commission to consider (5) acres. "Subdivision" court of competent juris-
revisions thereto; and also included the develop- diction, such holding shall
WHEREAS, the proposed( ment of land resulting in not invalidate or affect
amendments to, .the Van the needfor access to lots the remainder of this Or-
Buren Municipal Code( and parcels, the need to dinance and to that extent
herein were recom provide or extend utilities, the provisions hereto are
mended by a majority, the need to•improve adja- Ide_clared to be severable._
vote of the entire Planning' cent infrastructure due to
Comrnission; insufficient existing ca-
pacity and the added de-
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 7 -1963 (VAN BUREN MUNICIPAL CODE NO 14.04.01) FOR THE PURPOSE OF
REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, 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, Moore, Johnson, Dodd, and Sagely. The Mayor
declared the motion carried as there were six (6) 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 Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson.
Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) 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, Moore, Johnson,
Dodd, and Sagely. 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 24 -2008
CITY OF VAN BUREN
ARKANSAS WHEREAS, as a result;of
1 ORDINANCE NO., this hearing, the Planning.
242008
Commission has recom-
I BE IT ENACTED BY THE mended that certain prop
:CITY COUNCIL, FOR THE erty within the city limits'
I CITY'OF VAN BUREN, AR- ,of the City of Van Buren
KANSAS, AN ORDINANCE be rezoned from its previ
TO BE ENTITLED. classification to the
.t
IAN TO, following: ;SECTION 2: The adopted
AMEND •ORDINANCE 5Property Description rezoning shall be filed in
NO. 7 -1963 (VAN BUREN Lots, Nine. thru Fifteen, the office of the City
MUNICIPAL CODE NO. Block •8 of the Original Clerk, in accordance with
14.04.01) FOR THE Town of Van Buren Being I A.C,A 14-56- 422(5);
PURPOSE OF REZON- part of the NE 1/4 of the IN WITNESS WHEREOF,
ING CERTAIN PROP- NE 1/4 of Section 25; }the City of Van Buren, Ar-
ERTY IN THE CITY OF Township 9 N, Range 32 WI kansas, by its City Coon-
VAN BUREN, ARKANSAS, more commonly known as cil, did pass, approve, and
AMENDING THE ZONING 11 N 3rd, Van Buren, Ar adopt, by a vote of 6 for
MAP OF THE CITY OF VAN kansas 1 I and 0 against, the forego
BUREN, 'ARKANSAS, AND Property Zoned I ing Ordinance at its meet
FOR OTHER PURPOSES:, I -2 ing held on the 20th day of
WHEREAS, the City of Van New Zoning October, 2008.
Buren, Arkansas, 1s duly I C -2 Robert D. Freeman, Mayor
incorporated under the WHEREAS: The proposed' Attested:- Barbie Curtis,
laws of the State of Ar- rezoning herein was rec- City Clerk/Treasurer
kansas, with• all, powers, ommended by a majority Approved as to form:
authority and duties of a j !vote of the entire Planning N. Donald Jenkins, Jr.
city of the first class, and Commission, in actor- City Attorney
WHEREAS, the City of Van dance with A.C.A Published in. the October
Buren has adopted the +14'56 -422; 25, 2008 issue of the Press
Zoning Ordinance for the :NOW, THEREFORE, BE IT. Argus- Courier.
City of Van .Buren (Ordi- (ORDAINED BY THE CITY
nance No. 7- 1963); and COUNCIL OF THE OF
WHEREAS, notice of a' f VAN BUREN, ARKANSAS:'
Public Hearing .was duly 'SECTION 1: The above -de-
published and a Public scribed property is hereby'
hearing was conducted as ,rezoned, and the Van, Bu-
Fequired by law (A.C.A !ren Zoning.Map is hereby
14 -56 -422) on October 7,. amended to reflect this
2008; and. ',rezoning; and
On the agenda next was to consider AN ORDINANCE TO AMEND THE CODE OF
GENERAL ORDINANCES OF THE CITY OF VAN BUREN, ARKANSAS, TO
ESTABLISH AN "IDENTITY THEFT PREVENTION PROGRAM" IN COMPLIANCE
WITH FEDERAL REGULATIONS; TO COMPLY WITH FEDERAL REGULATIONS
RELATING TO RED FLAGS AND IDENTITY THEFT; TO PROVIDE FOR
CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN
ADOPTION DATE AND EFFECTIVE DATE; AND FOR OTHER PURPOSES
ALLOWED BY LAW. The Clerk read the Ordinance in part. 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, Moore, Johnson, Dodd, and Sagely. The Mayor declared the
motion carried as there were six (6) 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 Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) 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 Johnson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) 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, Moore, Johnson, 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 25 -2008
WHEREAS, the City Coum,
.CITY OF VAN BUREN, I WHEREAS, the Federal WHEREAS, the .Federal l cil hereby finds that it is in
Trade Commission WHEREAS, according to Trade. Commission reguta- the public interest to ap
ARKANSAS CFTC") has adopted g tions require each creditor rove -and adopt ORDINANCE NO. rules, assetforth in 16 the FTC the Redi Flags to adopt an Identity Theft I guage Pt the Ian-
I 'Rule's definition,ofl,,credi -I herein, as part of
1 25 -2008 C.F.R. 681.2, pertaining tor" includes all munici ap Prevention Pro g 9e gram, the City Code, in compli
CBE IT ENACTED BY THE to Identity Theft Preven- utility companies, and the which will use red flags to I ante with FTC require
I CITY COUNCIL, FOR THE tion, pursuant to the "Red City of Van Buren own; detect, prevent and miti- menu.
CITY OF 'VAN BUREN, AR- Flags Rule" which imple- gate identity theft related` NOW, THEREFORE, BE 1T
(KANSAS; AN ORDINANCE and provides utility serv-
menfs 114 of the FAIR ORDAINED BY THE CITY
ices, specifically water ,to information used in
TO BE ENTITLED: AND ACCURATE CREDIT covered accounts and
ANORDINANCE TO TRANSACTION ACT OF sewer services, for which WHEREAS, the City COUNCIL OF THE CITY OF
'AMEND THE CODE OF is accepts payments; and y sewer VAN BUREN, ARKANSAS,
2003, which mandates WHEREAS, the City of Van vides water and sewer FOR THE PURPOSE OF
GENERAL: ORDINANCES that creditors," as defined services for which pay- ADOPTING THE FOLLOW
OF THE CITY OF VAN 111 Buren is a "creditor" with
y 15 U-S -C. 1681a respect to 16 CFR 681.2, ment is made after the ING IDENTITY THEFT PRE
'.BUREN, ARKANSAS, TO l I (r)(5), adopt an •identity by virtue of providing alit- product is consumed or VENTION PROGRAM
ESTABLISH AN "IDEN- theft prevention program the service otherwise, THAT:
TY THEFT PREVEN- ity servires,.or_hy_ other SECTION 1: The foregoing
"ION PROGRAM" IN I and red flag policies to wise accepting payment been provided which b y g d
p r event and mitigate for municipal services in virtue of being utility ac recitals are hereby found
COMPLIANCE WITH identity theft with res arrears; and counts are covered ai ;.f to.be true and correct and
FEDERAL REGULA -I Ito coveredaccounts, on or ,WHEREAS, the Federal counts; and are hereby adopted by the
ITIONS; TO COMPLY( {before November 1, 2008: Trade Commission regula-' WHEREAS, the City Attar City Council and made a
WITH FEDERAL REGU- and ney has reviewed the poll part, hereof' for all pur-
1 LATIONS RELATING TO: 1 tions define covered re-
WHEREAS, 15 U.S.C. count' in part as an ac- ties and procedures of the poses.
IRED FLAGS AND (DEN 1681a(r)(5) cites 15 count that creditor o- Van Buren Water and1 SECTION 2: The City of
FTITY'THEFT; TO PROr1 U.S.C. 1691a, which de- vides for personal fapro- Sewer Department and Van Buren Municipal Code
I VIDE FOR CODIFICA -I fines a "creditor" as a per- or household believes the proposed ad- is hereby, amended by
TION; TO PROVIDE FOR that extends, renews Purposes, ditions herein to the Mu-
son exten that is designed to allow adding Chapter 10.30 to
BILITY; TO or continues credit, and nicipal Code fulfills, com- Title 10, to read as fol-
multiple payments or
PROVIDE FOR AN defines." in part as transactions and specifies!
:PROVIDE Plies and implements the lows:
4 ADOPTION DATE AND the right. to purchase that a utility account is a Red Flags Rule and other "CHAPTER 10.30
EFFECTIVE DATE; AND property or services and
FOR OTHER PURPOSES defer payrnent therefore;
covered account; and i requirements outlined by Identity Theft Prevention
a the Federal Trade Com program
ALLOWED BY LAW. and mission; and 10.30.01 Short Title: This
Chapter shall be known as
ORDINANCE NUMBER 25 -2008 CONTINUED
the "Van uren Identity mental subdivision
n- the possible existence of flags include. count applications or,. ac- report suspicious trasc- not invalidate or affect
Theft Prevention Pro- agency, trust, estate, identity theft. The' City i) a change of address for tions to the police de
gram." partnership, cooperative, identifies.'the followin an account followed b a count information shall be
P part- the remainder of this extent
or association. g y required, to keep such in- ment or other appropriate dinance and to that extent
10.30.02 Purpose: The red flags from the exam- request to change the ac- formation in confidence law enforcement.. the provisions hereto are
'Personal Identifying pies provided in the regu- count holder's name; '10.30.12 Third-Party Serv-
to comply with 16. CFR Information' includes, but lotions of.the FTC: ii) a change of address for and protect the privacy of Y declared to be severable.
purpose of this Chapter is (h)
p is not limited to a erson's g Customers, and may ,be ice Providers: All transac- SECTION r 4:- All ordi-
681.2 in order to detect, i P (a) Notifications from an account followed by a required to execute and tions processed through a names; resolutions. or
prevent and mitt ate credit card account i Consumer Re porting request to add new or ad-
P g motion, debit card infor- P g 4 abide by a written. Conti- third -party service pro- other acts of the City .in
identity theft by Identify- Agencies: The City does ditional- authorized users dentiality and Non- Disclo- vider shall be permitted l conflict with the terms
matian bank account in- Y
ling and detecting identity not request, receive, ob- or representatives; sure Polic only if the service pro- hereof are rep Baled or
;theft red flags and by re, formation and drivers' li- tan or maintain informa -1 iii) an account is not bein g y
s cense,in(ormatian and for 10.30.08 Red Access to vider certifies that it has amended to the extent of
pending to such red flags tion about its utility cus used in a way that is con- .unlit account informa- .complied with the FTC any such conflict.
in a manner that will pre- a natural person includes tamers from any Con sistent with prior use y
regulations
and `has in
their social securitynum- tion: Access to utility ac- 9 SECTION 5; The adoption
vent identity theft. sumer Reporting Agency. (such as late or no pay- •count information shall be place a' consumer identity date of this ordinance is
10.30.03 Definitions: -For• ber, mother's birth name, (b) Suspicious documents meets when the account Hinted to em to theft prevention program. 'October 20, 2008.
purposes of this Cha ter, i and date of birth. possible red s in- has been fla time! in the P Yees that
p p U 0) 'Red flag' means opal g y provide customer service 10.30.13 Compliance Th e date of N 6; The effective
the following definitions tern, practice, or specific eluded: iv) a and technical support to
ter and Training: The date of this ordinance is
apply: P 0 presentation of data- iv) a new account is used h C utilities. "Compliance Officer" for November 1, 2008.
(a) 'City' means the City' activity that indicates that ments appearing to be al- in a manner commonly as:l t e y s Any y l this ITPP' and Cha ter
of Van Buren.
passible id tared or for ed; sociated with known pat- computer that has access P IN WITNESS WHEREOF.
passe existence o en-
lily theft. g p I to utility customer ac- shall be the Water Super- the City of Van Buren, Ar-
(b) 'Covered account'i ii) presentation of photo- terns of- fraudulent activ- .coon[ or. ersonal identify- intendenVDirector or kansas, by its City 000n-
means (i) An account that; U) 'Service provider' graphs or physical de- ity (such as customer fails p y y
means a person that pro- g p P y ing information shall be his /her designee., The cil, did pass, approve, and
a financial institution or scriptions that are not to make the first payment password Compliance Officer shall ado
creditor offers or main-4 consistent with the ap- or makes the first pay- all computer a service directly to uter shall conduct training of all city an 0 against, the o f oeo
g-
primarily per- city. pearance of the app me nt but no subsequent P g g
tains, rimaril Tar er pp lack after no more than utility employees that ing Ordinance at its meet
sonal, family, or house -I 10.30.04 Findings: The or customer; payments);,
fifteen (15) minutes of in transact business with ing held on the 20th day of
Federal Trade Commis- v mail sent to the ac- customers of the City s
hold purposes, that in- iii) presentation: of other activity. All paper valves or is designed to sion "FTC requires documentation that is not count holder is repeatedly non electronic based utill-- utilities. The Compliance Robert D. Freeman
permit multiple paymerits every utility, including consistent with the infor- returned as undeliverable; Officer shall eriodicall
or transactions, such as a public water and sewer nation ro'vided when the vi) the City receives no- it accou or custome P Y Mayor
P personal identi review this program and Attested:
credit card account,.mort--' systems, such as•the Van account was opened or lice that acustamer is not p fyng infor
Buren Water and Sewer
gage loan, automobile p motion shall be stored and recommend any C Curtis
existing customer infor receiving his paper state- maintained in a locked sary updates to the a City City City City Clerk/Treasurer 1
loan, margin account, cell Department, to implement mation; ments; or Council.
an Identity Theft Preven- vii) the City room or cabinet and ac-. Approved as to form:
phone account, utility ac- [ion Program "ITPP iv) presentation of infor- y receives no- cess shall only be granted 10.30.14 Annual .Report: N. DonaldJenkins, 1r.
count, checking account„ g mation that is not consis- lice of unauthorized activ- by the Compliance Officer An annual report, as re- City Attorney
or savings account and (ii) The FTC requirements and tent with .tire account a ity on the account. p quired by FTC regulations,
Any other account that regulations are necessary P or his /her designee, or in 9 Published in- the October
y plication; or
(e). Notice regarding pas- the alt shall be shall be provided by the 25, 2008 issue of the I 0/
oss
l the financial institution or because of 114 of the v) presentation of an ap- Bible identity theft Pi- scanned for, secure, ass Water Sewer Depart- Argus_COUriec ITi
,air and Accurate Credit P �i
creditor offers or main- t C plication that appears to bier red flags include: word protected, digital men[ Superintendent/Di-
tains for which there is a Transactions Act have been altered, for ed, i) notice from a customer, lector to the Mayor and
reasonably foreseeable "FACTA The FTC has destroyed, or real em- an identity theft victim, storage, and then shred- City Council The contents
risk to customers or to the set forth the ITPP require- bled. law enforcement arson- dad.
meets in 16 C.F.R 681.2. person- 10.30.09 Red Credit Card of the anneal report shall
safety and soundness Of. l (c) Suspicious personal eel ar other reliable Transactions: In the event address and /or evaluate
the financial institution or Identity theft is defined as identifying i- sources regarding possi- at least the following:
creditor from identity a fraud committed or at- information- Passible red ble identity theft or phish- credit cards are added as of
fd ittd t
e'
y
tempted using identifying a payment option for rn
t td i idtif
(a) the effectiveness e-
theft, including financial, flags include: ing related utility- ac- ity accounts, all Internet. the .policies and •proce-
I information of another counts. dures of the City in ad-
operational; compliance, i) personal identifying in- or telephone credit card y
reputation, or. litigation) person without authority: formation. is being pro- 10.30.06 Red Proof of p dressing the risk of iden
'risks. The City of. Van Buren vided liy the customer Identity: Any person or (payments shall only,,ba tity theft in connection
adopts the program set ,processed through a
.(c) 'Credit' means the forth in this Chapter t o that is not consistent with entity opening a utili ac- third -party service pro- with the opening of utility
right granted by a creditor other personal identifying. count shall provide atom- i vider which certifies that accounts and with respect
to a debtor to defer pay- comply with FTC rules and information provided by plete•application and pro- it has an identity theft to access to existing aril
ment of debt or to incur regulations. In drafting its the customer or is not vide satisfactory evident y ity accounts; and
ITPP, the City has consid- of their Identity and /or prevention program o edit
:debts and defer its pay- erred: (1) the methods it consistent with the cus- Credit
acing and in place. edit (b) software, credit -card
ment or to purchase prop- tamer's account applica- address.'Said proof may card payments accepted processing, and service
arty or services and defer provides to open its ac- tion; include but-not be limited p y pled rovider 'arran
payment therefore. counts; (2) the methods it ii) personal identifying in- r person shall require a and 9ements;
to: a valid driver's license; reasonable connection be-
(d) 'Creditor' means any
provides to access its ar formation is associated passport; state, federal, (c) any incidents involving
person who regularly ex- counts; and (3) its previ- with known'fraudulent ac- employer, or school is- tween the person or entity I
ous experiences with billed for the utility sere- identity theft, theft, sus
tends, renews, or centre- burly; sued identification card; ice ,and the credit card Petted identity theft, with
ues credit; any person identity theft. Based on 5i) the'^ social security or military identificatio .!utility accounts and the
these considerations, the card. The required owner.
who regularly arranges City Council hereby deter- number (if required or ob- quired, app!- 10.30.10 Red Suspicious I City's remedial response;
for the extension, re- twined) H the same as that cation must be completed Transactions: Suspicious and
newel, or continuation of mines that the City Water submitted by another cus- in its entirety and must be (d) any changes, or pro-
&Sewer Department is a transactions included but
credit; or nay assignee of p tomer; signed in order to estab- are not limited to the 'le changes, in meth
'an original creditor who low to moderate risk en iv) the telephone number fish a utility account.
p presentation of, i ads to identify identity
participates in the deer- lily, and as a result level= or address is the same as 10.30.07 Red Confidential- p ncom theft and /or to prevent
sion to extend, renew, or ops and implements the that submitted b another ity of Applications and Ac- identity theft; and
signer applications; pay-
streamlined ITPP set forth y signed applications; pay-
continue credit and in- customer; count Information: All per- ment by someone other (e) any recommendations
jcludes utility companies tele municatio deter that the only v) the applicant's. failure Banal information, per- than the person named,on for changes or modifica-
and Is' only ,to provide all personal, sonar identifying informa P tions to the City's ITPP.
com an(es'.• H covered accou offered idenbfyi mformabon're I tion, account applications en abOn of F mciinsis
p SECTION 3: The various
I(e) Customer meons .a by the City are those un- quested on:;the applica and account information provisions and
der its water and sewer PV si gnatures, addresses 'or P parts of
(person that has a covered lion; or collected and maintained' identification. Suspicious this Ordinance are hereby
utilities. pP by the Cit declared to be severable;
account with a creditor- vi) the applicant or cus- City shall beacon- transactions shall not be
(f) 'Identity theft' means a 10.30.05 Red Flags: The tamer's inability to pro- fidential record of the City and, if any section or art
fraud committed or at- FTC regulations identify vide authenticating infor- and shall not be subject to Processed and shall be t y p
numerous red flags that g Compliance referred to the of a section, or any visi
tempted using identifying mation beyond that which disclosure unless other- Com liance Officer. sion or part of a provision
information of another must be considered in generally would be avail- wise required by State or P herein, is declared to be
adopting an ITPP. The FTC Federal Law. Additionally, 10.30.11 Notification of unconstitutional, ina ro-
person without authority. able to a consumer. Law Enforcement: The i Pp
(g) 'Person' means a natu- has defined a red flag as a (d) Unusual use of or sus- any employee with access priate, or invalid by any
rat person, a corporation, pattern, practice, or spe- stereos activity related to to utility customers' per- court of competent j
Water sh Superintendent/Di-
ll use r
cific activity that indicates y p rector shall use his /her shall
government or govern- an- account: Possible red Banal information, ac- discretion on whether to diction, such holding shall
On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH
ARK. CODE ANN. 14 -42 -107, AUTHORIZING A CONTRACT WITH AN OFFICIAL
OR EMPLOYEE OF THE CITY OF VAN BUREN FOR CONSTRUCTION SERVICES
FOR THE VAN BUREN FIRE DEPARTMENT AND THE CITY OF VAN BUREN,
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 Johnson.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson. Dodd, and Sagely. The Mayor declared the motion carried as there were six (6)
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, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) 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 mentioned that
these repairs are from the hail storms.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Johnson to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Johnson, that the
emergency clause 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 then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 26 -2008
1 CITY OF VAN BUREN, WHEREAS, the titi 61 Van SECTION 1: Larry Greg-
ARKANSAS Buren and the Van Buren ory, is hereby authorized
ORDINANCE NO. Fire Department wish to and accepted, as recom-
26 -2008 use Van Buren Fireman mended by the Fire 'De-
BE IT ENACTED BY THE Larry Gregory, to perform nutmeat, to perform up
CITY COUNCIL, FOR THE repairs to Fire Station #2, the $10,000 in repairs to
CITY OF VAN BUREN, AR- because he can perform Fire Station #2 for the
KANSAS AN ORDINANCE the repairs quicker and City of Van Buren and the
TO BE ENTITLED: below market rate; and Van Buren Fire Depart- Robert D, Freeman
AN ORDINANCE FOR WHEREAS, it is the desire ment. Mayor
COMPLIANCE WITH of the Administration and SECTION 2: This ordi- Attested:
ARK. CODE ANN: i the Van Buren City Coun- nance being necessary for Barbie Curtis
14 -42 -107, AUTHORIZ- cil, that compliance with the financial continuity of City, Clerk/Treasurer
ING A CONTRACT WITH A.C.A 14 -42 -107 is sails-. the City of Van Buren, Ar- Approved as to Form:
AN OFFICIAL OR EM- fled for the conducting of kansas, and necessary in N. Donald Jenkins, City At-
PLOYEE .0F( THE „CITY: all city business; and providing for the immedi- torney.
OF VAN BUREN FOR WHEREAS, the purpose of ate, preservation of the Published in the October
CONSTRUCTION SERV- this Ordinance is immedi- public peace, and safety, 25, 2008 issue of the Press
ICES FOR THE VAN BU- ately necessary for pres- an emergency is declared I Argus Courier
'REN FIRE DEPARTMENT ervation of the health, to exist and this Ordi- I
AND THE CITY OF VAN safety and welfare of the nance shall take effect
BUREN, DECLARING AN inhabitants of the City of and be in force after its
EMERGENCY, AND FOR Van Buren, Arkansas and passage and publication.
OTHER PURPOSES. an emergency exists IN WITNESS WHEREOF,;
WHEREAS, A.C.A which requires that this the City of Van Buren, Ar -I
14-42-107, requires an or- Ordinance become imme- kansas, by its City Coun -1
dinance be enacted see- diately effective and in cil, did pass, approve, and i
cifically permitting the full force and effect; adopt, by a vote of 6 for
conducting of any busi- NOW, THEREFORE, BE IT and 0 against, the forego
ness between an official ORDAINED AND ENACTED ing Ordinance at its meet
or employee of the city BY THE CITY COUNCIL OF ing held on the 20th of
and the City of Van Buren; THE CITY OF VAN BUREN, October, 2008.
and ,ARKANSAS, THAT:
Next on the agenda was an appeal from Garry Floyd on the Planning Commission's
decision to reject a variance request to change a sideyard setback. Motion was made by
Alderman Swaim and seconded by Alderman Johnson, that the decision made by the Planning
Commission be upheld.
Next on the agenda was a request from Mount Olive Church to close the block of
Lafayette Street between Knox Street and the entrance to the Senior Center parking lot from
5:00 -8:00 p.m. for the Trunk or Treat event on October 31 Mayor Freeman asked for a motion
to grant their request. Alderman Parker seconded by Alderman Johnson moved that the request
be granted. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alden Parker to appropriate the sum of $1,435,159.17 to pay expenses and
salaries for September 2008, presented by the City Clerk. The Council followed with a
unanimous vote.
10 -06 -200 2�s C I T Y 0 P VAN 0500004 PAGE: 1
�i,5 05
AS OF: SEPTEMBER 301B, 2000
10 General Fund
0OPTX TD OATS 1000 TC DATL'
ACCT0 A000010T NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.50
1020 Cash in Bank 116,841.34 373.151.94 C
1020.08 Cash in Bank -Ins 2008 Storm 0.00 0,00
1020,09 91strict Couc Grant-Mediation 0.00 2,300.00
25,550.00 1 5 2 t3 O: J 3 8' 9% k
1020.10 Cash in Bank 000C 500.00
1020.11 Cash in can k -RVBB 700.00 0,327,50 1 5 2 i' 7 6
1020.13 Cash In 0005k -ACS 833 0.00 39,030.90 i 2 6 5 8 T
1020.14 court Automation- District 935.00 92,507.99 5 1 0 6 5
1020.15 Cash in Bank -ACT 1314 0.00 0.00
1020 a3 0 Police Dept
0.00 35,000.00 2 2 4 5 1 9
1020.10 Cash in Dank PD Co Tax 32].]6 82,394 4 L 1 0 4 j
6
1020.19 Canh in Bank F0 Co Tax 2.]91.10 130,497.72 'J 0
1020,20 Cash In Bank Erosion Control 15.J]5. 00 75.00
1020.27 Cash in Bank Levee 0.00
6.994.3] 1, 435, 459 -179'
1020.31 Cash in Bank Parks Rec 55,200.22 21,215.05
1020.51 Cash in Bank Cemetery ]0.51 13,863.24
1020.91 Cash in Bank Cap Imp 283.197.59 190.414.06
550,000.00
1040 investments
D. DO
1040.10 Investments Sales Tax City 0.00 0.00 t
0.00
1040,18 Investments PC Co Tax 0.00
0.00
1040,19 Investments PD Co Tax 0.00
1040,27 Investments Levee 0.00 0'00
1040.31 Investments Parks S. Rao 0.00 0'00
1040,51 Investments Cemetery 0.00 48.]52.59
1040.91 investments Cap Imp 0.00 1,"199, 193 .0T
1050 Fixed Assets
O. DO 0,00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0,00 0.00
1505 Due From Other Funds 0,00 0
1520 Due from Street Fund 0.00 0.00 'l
1540 Due From Library Fund 0,00 0.00
LIABILITIDS AND FUND BALANCE
2000 Accounts Payable 0.00
5,00
2010 municipal Health Ina, Payable 0,00 0.00
2030 colonial Life Payable 0.00 0.00
2035 Credit Union -First Resource 0,00
2040 10PFI Payable 0,00 0.00
2050 National Foundation Life Ins. 0,00 35,28
0.00
2060 AFLAC 0,00
2000 c0nseco Payable 0-00 0.00
2090 New York Life Ins. Payable 0.00 0.00
1100 Life Ins. of Georgia Payab3e 0,00 0.00
1.522.00
2130 Garnishments Payable
D. DD
2335 R, Allen Trust 0502355610 0.00 0.00
2140 United way Payable 0,50 0.00
0
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. Holly McKinney with
the Area Agency on Aging was present to give a quarterly report. John Pope with Keep Van
Buren Beautiful spoke about the Fall Clean Up scheduled for Saturday, October 26, 2008. There
will be two dumpsters located at Lake Lou Emma and behind the County Courthouse. Dumpsters
for these locations will be furnished by the city. He asked that you wear your t -shirts if you have
one. If you don't he will have them on Saturday. The Keep Van Buren Beautiful bill board
located on Highway 71 into Alma right before Hwy 282 was donated by Fred Williams and
Clear Channel. Next, eight -year resident of City of Van Buren, Mr. Juan DeGotto said that
something has to be done about the speeding on 11 Street. With Butterfield Junior High School
on this street he said that allowing this speeding to continue is unacceptable. He also proposed
that it become a one -way street going North and having 15 Street used for more through traffic.
On the note Keep Van Buren Beautiful, Mr. DeGotto said that we are lacking on keeping the
signage clean. Some signs are decrepit and houses close to down town are falling apart. He asked
that we "get off our duffs and start making some major changes and do something He also
believes that more attention needs to be made to the railroad crossings.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 8:00 p.m.
A r APP' 1 D:
coticuz. CITY CLERK TREASURER MAY 1 R