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05 May 2010 Special MINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD MAY 3, 2010 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 6:30 p.m., on Monday, May 3, 2010 at City Hall. The meeting was called to order by Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. City Clerk Treasurer Barbie Curtis was also present. City Attorney Donald Jenkins was absent. This made a total of eight (8) 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." Mayor Freeman first wanted to address a couple of things before getting started with the ordinance. He had a meeting two weeks ago with ADEM regarding FEMA funding for a safe room down by the Senior Inn. FEMA funding has become available for safe rooms. It would be built on the lot directly north of the Senior Inn and would serve as a activities room in addition to a safe room. As funds or other grant money become available that facility could be expanded for kitchen facilities and such. It will be 2011 before we get word back on whether we got the funding, but it looks very positive. We applied last week for an Energy Grant through the Arkansas Department of Energy. The maximum amount that could be applied for was $750,000.00. We applied for nearly $650,000.00. This is all for Municipal Facility location upgrades. If we were to get this grant funding the main targets would be for the Municipal Complex and the King Opera House. We are getting word that the Arkansas Highway and Transportation Department will be receiving stimulus funds to upgrade our traffic signals from incandescent to LED technology. The difference between the two bulbs would result in cost savings of about eight dollars a month per intersection. Also, the railroad will improve two railroad crossings. One of them will be at Five Rivers Distribution by Port Road and the other; the railroad will be working with the Arkansas Highway and Transportation Department on the crossing at Highway 59 South. Mayor Freeman made a presentation regarding the current standing of the City Attorney's position and office, and the options the city has regarding the changes to the duties and staff members in that office. Mayor Freeman pointed out from one of the Attorney General's opinions that changes to that position have to be made before the filing period opens for that elected position and that those changes cannot be made effective in the middle of that elected official's term. The Mayor's recommendation is the option to contract with the Crawford County Prosecutor's office for all the city cases, to contract with an outside attorney for any legal representation, and to limit the elected city attorney's duties to attending the regular and special city council meetings. This option has the least fixed cost and would relieve some budget costs for that office. On the agenda next was to consider AN ORDINANCE TO DEFINE THE DUTIES AND RESPONSIBILITIES OF THE ELECTED CITY ATTORNEY FOR THE CITY OF VAN BUREN. 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 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 third and final time. The Mayor asked if there was any discussion. Alderman Parker asked if the Planning Commission could be added in Section 2 as a duty of the elected city attorney. Mayor Freeman agreed that that would be acceptable. 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 as amended. 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 Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 10 -2010 r OTY OF VAN BUREN ARKANSAS vided for elected officials. ORDINANCE NO.10 :2010 SECTION 4: That the City BE IT ENACTED BY THE Council authorizes the CITY COUNCIL, FOR THE R-1 Mayor as necessary.to en- CITY OF VAN BUREN, AR- ter into contracts for legal KANSAS, AN ORDINANCE services with private at- TO BE ENTITLED. torneys for City business. AN ORDINANCE TO DE- The City Council agrees to FINE THE DUTIES AND RE- I also authorize the Mayor SPONSIBILITIES OF 'THE; to enter into an agree ELECTED CITY ATTORNEY ment with the Crawford FOR THE CITY OF VAN. County Prosecuting Attor- BUREN. ney's office to handle City WHEREAS, the City of Van prosecution. Boren, Arkansas, is duly SECTION: That all Ordi- incorporated under the nances, Resolutions, or laws 'of the State of rs, parts thereof, in conflict kansas, with all powers, herewith are hereby re- authority and duties of a pealed, that Chapter 2.36 city of the first class; and, of the Van Well Code of WHEREAS, the City of Van Ordinances is hereby Buren desires to rot City amended; and Section lure the position of City 2.36.04 of said Code are Attorney; and, hereby repealed. WHEREAS, the City of Van SECTION 6: That this Ordi- Buren needs legal serv- nance shall be effective ices of many varieties and January 1, 2011. needs exiblllt in order IN WITNESS WHEREOF, to ensure that those legal the City of Van Buren, Ar- services are provided effi- kansas, by its City Coun- and. and effectively; icil, did pass, approve,.and and, •adopt, by,a vote of 6 for WHEREAS, taxpayers will an 0 against, the forego get better service by Jim- ling Ordinance at a Special l ec the role of the Meeting held on the 3rd elected city attorney and .day of May, 2010. allowing the city council .Robert D. Freeman budget for other legal Mayor services. 'Attested: NOW, THEREFORE, BE IT i garbie Curtis ORDAINED, BY THE CITY City Clerk /Treasurer COUNCIL OF THE CITY OF published in the May 5, VAN BUREN, ARKANSAS: X2010 issue of the Press Ar SECTION 1: That the of- gus- Courier. five of the elected City At- torney shall be considered part-time. SECTION -2: That the du- ties of the elected City At- torney shall be limited to attending all Planning Commission meetings, all Regular and Special meet- ings of the City Council;: j ensuring that City Council. meetings are conducted lawfully, and to ensure that ordinances, resolu- tions, etc., are drafted and read correctly in compli- ance with local, state and federal law: SECTION 3: That the monthly salary, for this po- sition shall be' 81000.00 /month and shall; include city health insur ance _as currently pro There being no further business. motion was made by Alderman Parker seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:15 p.m. ATTESTED: VED: ��----gy�pp A 1 Cry FLk`�CC�, CITY CLERK TREASURER MAYOR