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01 January 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JANUARY 11, 2010 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, January 11, 2010 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, Ragsdale, Dodd, and Sagely. Deputy City Clerk Connie Hyatt and City Attorney Donald Jenkins were present. City Clerk- Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was declared. The invocation was given by David Moore. Alderman for the City of Van Buren. Next. Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on December 21, 2010. Alderman Swaim made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call. the following Council members voted aye: Alderman Swaim, Parker, Moore. Ragsdale, Dodd, and Sagely. The following voted nay: none. On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Called Council Meeting on December 28, 2009. Alderman Swaim made a motion to approve the minutes. Alderman Ragsdale seconded the motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The following voted nay: none. On the agenda next was to consider AN ORDINANCE TO COMPLY WITH ARK. CODE ANN. 14 -42 -107, AUTHORIZING THE CITY TO CONTRACT WITH A CITY OF VAN BUREN OFFICIAL OR EMPLOYEE, OR THEIR FAMILY MEMBERS; 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 Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, 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, Ragsdale, 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 Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, 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 Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 1 -2010 CITY OF VAN BUREN NOW, THEREFORE, 1T ORDAINED ANB ENACTED ARKANSAS BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ORDINANCE NO.1- 2010 ARKANSAS; THAT BE IT ENACTED 'BY THE CITY COUNCIL FOR THE S ECTION ;Chelsa Jenson, s hereby authorized and CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO accepted te'perform :la'nitonal servicest the Police BE ENTITLED: Department on an ongoing basis a y` r ,v c AN ORDINANCE TO COMPLY WITH ARK- CODE SECTION.2r4This ordinance being necessary for the ANN 14-42-l07, 'AUTHORIZING THE CITY TO financial continuity of the City of Van _BU7en CONTRACT WITH A CITY OF VAN BUREN OFFI- sas and necessaryin .providing for the'imrnediate CIAL OR EMPLOYEE, OR THEIR FAMILY MEM= pres e rvation of the public peace health, and safety, BERS;' DECLARING AN EMERGENCY, AND FOR an emer'ge'ncy is declared to exist and thisLOrdinance OTHER PURPOSES. shall take effect and be in force after Rs passage ,WHEREAS 7r.C.A 14 -42 -107 requires an. ordinance pubhcation- r r +t5i y?- be enacted specifically permitting the conducting of IN WITNESS WHEREOF, the City of Vin`Buren'Ar 'any business between an official or employee of the kansas'by its City,Council did pass;± pprove, and city, or their immediate family, and the City of Van adopt'by a vote of for an 0 against; the foregoing Buren; and. Ordinance at its Regular' Monthly Meeting held on WHEREAS, the City of Van Buren wishes to use the 11th of January 2010. Chelsa Jenson, the daughter of Van Buren Police De= Robert D. Freeman d .J partment Employee Melissa Wright to perform jani- torial services at the Police Department, because she Attested Aftesied::$S,41 �g Can perform the service's efficiently, reliably and at Connie Hyatt r or below, market rate; and Deputy City'Clerk WHEREAS, it is the desire of the Administration and Approved asto form the Van: Buren :City Council that compliance, with N Donald Jenkins�Jr x. a d A C.A §?4',42 107 is satisfied for the conducting of all City Attorney J' city business Published in the January 13 2010 issue of the Press WHEREAS, the purpose of this Ordinance is immedi- Argus- Courier ately necessary for preservation of the health safety and welfare of the inhabitants Of the City of Van BG revs Arkansas and an emergency, exists which 're- quires that this Ordinance became immediately, of festive and in full farce antl effect On the agenda next was to consider A RESOLUTION DISBURSING JUSTICE ASS /STANCE GRANT FUNDS FROM THE CITY OF VAN BUREN TO THE CRAWFORD COUNTY TREASURER. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman asked Chief Bell to elaborate on the reasoning for doing it this way. Chief Bell said that both Van Buren Police Department and Crawford County Sheriff's Office are required to apply for the grants together since the equipment will be used by both departments. The money was distributed to the City of Van Buren, but the equipment will be housed at the Crawford County Sheriff's Office, therefore it will be on their fixed assets. Alderman Swain) 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, Ragsdale, 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 1 -1 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. -2010 13E IT ENACTED BY THE CITY COUNCIL. FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION DISBURSING JUSTICE ASSISTANCE GRUNT FUNDS FROM THE CITY OF VAN BUREN TO TILE CRAWFORD COUNTY TREASURER. WHEREAS. the City of Van Buren has received and is holding grant funds in the amount of 533,299.21, from the Justice Assistance Grant (JAG) program through the state of Arkansas, from ajoint grant submitted by the City and Crawford County, to be used for computer equipment to be installed at the Crawford County Sheriffs department (see Exhibit "A" attached hereto): and WHEREAS, consistent with said grant application the following funds should he transferred to the Crawford County Treasurer's Office as follows: 55,392.00 from city line item 5 -12- 6037 -08 (09 Byrne Grant) and 527.907.21 from line item 5 -12- 6037 -06 (2009 Byrne Recovery Grant). NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION I. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to transfer JAG grant funds front the City to the Crawford County Treasures Office as setforth above. 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 (0 for and 0 .r t, the foregoing Resolution at its Regular Monthly Meeting held on the 11th day of January 2010 Robert D. Freeman. i avor ATTESTED: OVED TO e COAAR Cpl, 1a W Burris- CuIIis C' C r s_rer N. Donald .le ins, Cjjs' A torncy C .td y CieAk.. On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF AN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained that this was a faulty piece of equipment that was returned to the company. Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, 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 1 -2 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1- 7- 2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BC ENTITLED: A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF AN ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY. WI-IEREAS, the City of Van Buren Police Department has an asset on its Fixed Asset Inventory list which is obsolete, and /or beyond repair, and no longer cost effective to maintain or use, so as to no longer be needed by the City; and WHEREAS, said item should be disposed of in accordance with state law, A.C.A. 14 -58 -306, and be removed from the City's Fixed Asset Inventory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII, OF VAN BUREN, ARKANSAS THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from .lx the Fixed Asset Inventory and return them to the manufacturer for replacement under warranty: Department Book Value Description of Inventory Control Police Department 5,421.60 Watchguard Mobile Video System PD -677 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve. and adopt, by a vote of (p for and 0 against, se foregoing Resolution at its Regular Monthly Meeting held on the I 1 ih day of January, 2010. 3 Robert D. Free ATTESTED: A ,UVEll TO FOR f 'Barbie'Ee+tis, C-ity Clerl!Treasuser N. I tins 11611. C CIe, k- On the agenda next was to consider A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31, 2009. 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, Ragsdale, 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 1 -3 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. -3 2010 A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR ENDING DECEMBER 31, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, 2009 Current year's revenues of 514,568,579.41 (Fourteen Million, Five Hundred Sixty -Eight Thousand, Five Hundred Seventy Nine Dollars and Forty -One Cents) are appropriated and a copy of said Budget is attached hereto and made a part hereof; THAT, Transfers from General Fund to the Street Fund in the amount of 5983,816.27 (Nine Hundred Eighty -Three Thousand, Eight Hundred Sixteen Dollars and Twenty-Seven Cents) are approved; and THAT, Transfers from General Fund to the King Opera House Fund in the amount of 514,450.00 (Fourteen Thousand Four Hundred Fifty Dollars) are approved; and THAT, 2009 Current year's expenditures of $14,087,298.69 (Fourteen Million, Eighty-Seven Thousand, Two Hundred Ninety-Eight Dollars and Sixty -Nine Cents) including expenditures from prior year's balances are appropriated as follows: General Fund $10,967,210.50 (which include Capital Improvements Money in the amount of $1,076,256.52 (One Million, Seventy-Six Thousand, Two Hundred Fifty -Six Dollars and Fifty -Two Cents) (Administration 5105.29; Police Department $113,691.48; Fire Department 531,978.68; Levee 5104,955.82; Storm Disaster Recovery 544,754.19; Street Department (In House) 5131,111.84, (Street and Drainage) 5216,419.14; Water and Sewer 5240,000.00; Parks 8 Recreation $62,832.21; Senior Inn 55,983.61; Library $50,000.00; King Opera House 574,424.26); Municipal Judge 8 Court Clerk Ret. Fund 518,287.43; Street Fund 51,671,560.33; FEMA 2008 Storms 5143,878.12 Federal Forfeiture 515,202.52; Library 530,576.55; Library Sales Tax 5641,760.42 LOPFI Fund $431,851.18; ACEDP Grant #790 -0837 -05) $2,889.71; ACEDP Grant #790 08470 -06) 511,179.16; King Opera House Fund 527,812.74; Library Sales Tax Fund 5152,902.77; and THAT, all expenditures are approved and a copy of the Revised Budget is attached hereto and made a part hereof. PASSED AND APPROVED THIS il DAY OF JANUARY 2010. I MAYO ATTESTED: Neim CITY CLERK TREASURER Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to appropriate the sum of $1,034,677.22 to pay expenses and salaries for December 2009, presented by the Deputy City Clerk. The Council followed with a unanimous vote. e 1 04 2010 1 1 0 1 .4M 0 1 T 0 O F V h+ =L c N PAGE: 1. TRIAL 8512101 AS OF: DECEMBER 31ST, 2009 10 General Fund MONTH TO DATE YE6" ACCT$ ACCOUNT NINE DEBITS CREDITS DEBITS ASSETS 1000 Petty Cash 0 200.00 0 1020 Cash in Bank 125,887.05 172,154.40 1020.05 2009 Byrne Recovery Grant 161.34 58,134.67 8 5 6 d 7 0 1 9 8 E•' mzo. ob 2009 Byrne Grant 0.00 7,592.00 1 g p 4 2 7 1020.01 2001 Byrne Grant 4,689.00 0.00 1 0 5.1 9 306+ IO20.0e Cash an Bank-Ins moo Storm 0.00 30,852.3B 1020.09 DlstrIct Coot Grant- nedlation 650.00 325.00 I 1 7 s p 7 1 1020.10 cash in Bank HBC 0.00 6,406.14 i 9 3 3 6 0 f 1020.11 Cash in Bank -YVBB 2,700.00 874.28 64 2 c 1 6 1 .i,. 1020.13 Cash In Bank -ACT 833 1,680.04 66,395.09 3 7 3 14 1020.14 Court Automation District 8,002.50 59.255.06 1020.15 Cash in Bank -ACT 1314 0.00 0.00' 0 0 7 1020.16 AR Dept of Rural Services 0.00 0.00 j 0 3 L' 6 1 2 2 'r 1020.17 New Police Dept 0.00 35,000.00 1020.18 Cash in Bank eD Co Tax 14,912.80 62,518.01 1020.19 Cash In Bank FD Co Tax 21,074.41 156,056.78 1020.20 Cash In Bank- Erosion Control 100.00 3,500.00 1020.27 Cash in Bank Levee 0.00 7,094.17 1020.28 Marina Repairs 0.00 17,732.50 1020.31 Cash in Bank Parks s Rec 4,480.00 32,717.89 1020.33 Cash in 'lank -Yard Waste 0,00 0.00 1020.51 Cash in Bank Cemetery 14.36 11,136.24 1020.91 Cash in Bank Cap Imp 161,052.11 690,760.81 1040 Investments 0.00 550,000.00 1040.10 Investments Sales Tax City 0.00 0.00 1040.10 Investments PD Co Tax 0.00 0.00 1040.19 investments F0 Co Tax 0.00 0.00 I 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks s Rec 0.00 0.00 1040.51 Investments Cemetery 0.00 48,752.59 1090.91 Investments Cap Imp 0.00 1,810,643.98 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Dee from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 2.17 1.76 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 Ins. 0.00 0.00 2060 581.00 0.00 0.00 1 Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance Reports were presented for filing. Mayor Freeman spoke on the Building Department spread sheet that David Martin provided showing the decline in new construction of residential buildings in 2008 and the decline again in 2009 for residential and commercial new construction. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. Alderman Donna Parker gave a hats off to all the city workers who have had to work out in this cold weather. Mayor Freeman spoke on the right -of -way acquisition on the Rena Road project that we've been waiting on from the Highway Department. We've been delayed on this. We were at the top of the list, then when the stimulus money hit it slowed things down. They said it could be another 6 months before they could complete it. We contacted Hawkins -Weir and they are going to submit a proposal to possibly handle this internally as a contractor. Mayor Freeman touched on the Library. He will hopefully be in a meeting with the bonding company on Wednesday or Thursday to review documents so we can move on. He also said he was supposed to be going to Little Rock for a Municipal League meeting, but he will stay here if they come. Alderman Donna Parker asked how hopeful the Mayor was. The Mayor said he would be more hopeful when he sees them here. It's all a matter of everyone's schedules. Alderman David Moore asked about the estimated time of completion. Mayor Freeman said he did not know. We were two to three months away when the fire occurred. The bonding company will contract with whoever they want to complete the job. The Mayor did not know if they would bid the job out or just elect a contractor. Alderman Johnny Ragsdale asked if we could ask the bonding company to allow Crawford Construction to finish the job. The Mayor said that we have asked and it was the bonding company's decision. There being no further business, motion was made by Alderman Swaim and seconded by Alderman Parker to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:25 p.m. ATTESTED: AP PRO D: l� C .4 r CITY CLERK- TREASURER MAYOR