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06 June 2010 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JUNE 21, 2010 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, June 21, 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. City Clerk- Treasurer Barbie Curtis and City Attorney Donald Jenkins were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Reverend Jackson Corbit of God's Anchor Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman acknowledged teacher, Stephanie Little and Rena Elementary students. Eva Fondren, Rebecca Olienyk, and McKinzey Bromley of K -Kids for their winning posters in a contest about recycling. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on May 17, 2010. Alderman Swaim made a motion to approve the minutes. Alderman Parker 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 June 7, 2010. Alderman Swaim made a motion to approve the minutes. Alderman Sagely 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 A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A VEHICLE FOR THE CITY OF VAN BUREN STREET DEPARTMENT THROUGH THE STATE PURCHASE CONTRACT; RESCINDING RESOLUTION 5 -3 -2010 AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman clarified that this was simply a pricing change. 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, Moore, Ragsdale, 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 6 -2 -2010 C1'IY OF VAN BUREN ARKANSAS RESOLUTION NO. to- 2010 /31( IT ENACTED BY THE CITY COIJNCf, FOR T THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOLUTION AIITIIOIHZLNG TIIE MAYOR TO PURCHASE A VEHICLE FOR THE CITY OF VAN BUREN STREET UEPARTMIEN'T THROUGH THE STATE PURCIUSE CONTRACT; RESCLNDLNG RESOLUTION 5 -3- 2410 AND FOR OTHER PURPOSES. NRIEREAS, the City of Van Buren is in immediate need of a specific street vehicle, for the safety of life and protection of by the City of Van Buren Street Department; and WHEREAS, the City of Van Buren desires to purchase one (1) Chevrolet l -urn gasoline truck, for the price of 24,037.00 plus applicable taxes; and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicles though the stare purchase contract, pursuant to ARK. CODE ANN. 19-11 249; and WHEREAS, dm City has decided that it is in its best interest to purchase the above listed vehicle via the 2010 Arkansas State Cootrac; Award No SP -10 -0001; and NOW, TIIEREFORE, HE IT RESOLVED RY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECEDED The Street Department of the City of Van Buren, Arkansas is in immediate need of the vehicle setforth above. ECT10N2: Said vehicle is to be purchased via to 2010 Arkansas State Contract, Award No. SP- 10.0001, from Lander's Chevrolet, for the sum of 24,037.00 plus applicable taxes. SECTION 3: the Mayer and City Clerk are hereby authorized by Re City- Council for the City of Van Buren to execute all documents, convects, and agreements necessary to effectuate this action. SECTION 4: This resolution hereby rescinds and replaces Resolution 5 -3 -2010 previously adopted by the City of Van Buren. IN'fESTOMONY WHEREOF the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of ('0 for and 07 against, the forgoing Resolution at its meeting held on the 21 day of June, 2010. Hated D. Freer Mayor ATTESTED: Barbie Curtis City Clerk /freasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT, INC. TO ASSIST THE CITY OF VAN BUREN WITH ADMINISTRATION OF AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6 -3 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. -3 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO 13E ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT, INC. TO ASSIST THE CITY OF VAN I3UREN WITH ADNIINISTRATION OF AN ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAM GRANT. WIIEREAS, the City of Van Buren, Arkansas has been awarded an Arkansas Community and Economic Development Program (ACEDP) Grant; and WHEREAS, the City of Van Buren, Arkansas recognizes the need for assistance in administering the ACEDP grant in compliance with the Arkansas Depanment of Economic Development's regulations and Federal. State. and Local laws; and WHEREAS, the City of Van Buren has a long standing relationship with the Western Arkansas Planning and Development District and feels confident that it will administer the above- referenced project competently. NOW, THEREFORE, BE IT RESOL BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: THAT, The City Council hereby authorizes the Mayor to designate the Western Arkansas Planning and Development District, Inc., as the project administrator for the ACEDP grant, subject to Arkansas Department of Economic Development Approval, and enter into a contract for ACEDP Administrative Services with such agency for project administrative services. PASSED AND APPROVED THIS 21 DAY OF JUNE, 2010. Robert D. Imab� Mayor ATTESTED: Barbie Curtis City Clerk /Treasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VAN BUREN, ARKANSAS AND THE CITY OF FORT SMITH, ARKANSAS FOR USE AND ACCESS TO THE MOBILE DATA COMPUTER SYSTEM. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Bell explained that the City of Fort Smith has this system and the support staff already in place. This would allow our officers to run information from their vehicles rather than over the radio through dispatch. It would be cheaper for the City of Van Buren to gain access to Fort Smith's system than starting up our own system. 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6 -4 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 6- L -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A il IEMORANDUM OF UNDERSTANDING BETWEEN TILE CITY OF VAIN B UREN, ARKANSAS AND THE CITY OF FORT SMITH, ARKANSAS FOR USE AND ACCESS '60 THE MOBILE DATA COMPUTER SYSTEM. WHEREAS, the Fort Smith Police Department and Van Buren Police Department wish to enter into a Memorandum of Understanding "agreement") conceminguse of Mobile Data Computers connected to the Fort Smith Police Mobile Data network, a copy of which is attached hereto as Exhibit `A, "and incorporated herein by reference; and WHEREAS, this agreement will result in a technologically up -to -date Mobile Data computers for the Van Buren Police and certain recurring annual replacement costs and maintenance fees in support of the Mobile Data systems and network infrastructure and that those costs and fees shall be bome entirely by the Van Buren Police Department, from its current budget; and WHEREAS, the Van Buren Police Department can improve its responsiveness and service to the Citizens of Van Buren by the adoption of this agreement; and WHEREAS, the Van Buren City Attorney has reviewed and approved the form of the proposed Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The City Council for the City of Van Buren hereby authorizes the Mayor to enter into and execute the Memorandum of Understanding Between the City of Fort Smith, Arkansas and the City of Van Buren, Arkansas. SECTION 2. The Mayor and City Clerk are further authorized to expend and make all payments provided for by the adoption of the Agreement and to execute all documents necessary to effectuate and enforce said Agreement. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of e2 for and Q g. •nst, the foregoing Resolution at its Regular Meeting held on the 21st day of )une 2010. Robert D. Freeman ATTESTED: APPR V"I A r 0 FORK 43 LL 0 UltiLY Barbie Curtis, City Clerk/Treasurer N. Dona Ale.. 1 -`s ttom On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF MUNICIPAL PROPERTY PROGRAM PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that there was an increase in the premium by about 4,000 and this was the only bid we received. 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, Ragsdale, 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 6 -5 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 6 S 2010 A RESOLUTION ACCEPTING THE BID OF MUNICIPAL PROPERTY PROGRAM PROPERTY INSURANCE. WIIEREAS, The Mayor has advertised for bids for property insurance; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, Municipal Property Program of North Little Rock, Arkansas, was the lowest bid in the amount of S 20.276.11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, 'lhe bid of Municipal Property Program is reasonable and is hereby accepted. The Mayor is authorized to contract with the Municipal Property Program for property insurance in the amount of S 20,276.11. PASSED AND APPROVED THIS 21 DAY OF JUNE, 2010. .l I Robert D. Mayo r ATTESTED: Barbie Curtis City Clerk Treasurer On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS FOR OVERLAY OF STREETS WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said the first step is to get the bids in and see where the cost is for overlays. Then bring those back to the council for approval. 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, Ragsdale, 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 6 -6 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 19 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS FOR OVERLAY OF STREETS WITIIIN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, The City of Van Buren desires to overlay several streets within the city limits. Specifically, I lth Street from Lincoln Street to East Pointer Trail and 28th Street from Alma Blvd to Laura Lane; and WHEREAS, In order to achieve the best price for said street work, the City desires to include the street work in one package bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: Section 1: The Mayor is authorized and directed, along with the City Engineer to draft specifications for the installation of the overlay for the street project; and Section 2: That after said specifications are incorporated into a "Notice to Bidders the City Clerk is authorized and directed to advertise for bids for said project. IN WITNESS WIIEREOF, the of Van Buren, Arkansas. by its City Council, did N pass, approve, and adopt, by a vote of for and 0 against. the foregoing Resolution at its meeting held on the 21st day of June, 2010. Robert D. Fr'RSC.. Mayor ATTESTED: Barbie Curtis City Clerk/Treasurer On the agenda next was to consider A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS, FOR THE PURPOSE OF PROVIDING FOR THE DISPOSAL AND DESTRUCTION OF CERTAIN CITY RECORDS. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. 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 City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6 -7 -2010 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 6- 1 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION OF THE CITY OF VAN BUREN, ARKANSAS, FOR THE PURPOSE OF PROVIDING FORME DISPOSAL AND DESTRUCTION OF CERTAIN CITY RECORDS. WHEREAS, the City has old, unnecessary and redundant records maintained in its office files that need to be disposed of and destroyed; and WHEREAS, there are certain records that need to be retained permanently, in accordance with Arkansas law and the ARKANSAS GENERAL RECORDS RETENTION SCHEDULE; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The City Council for the City of Van Buren hereby authorizes the City Clerk or the appropriate custodian ofrecords, to dispose of and destroy any city business records over six years old, with the exception of the following: a. City Court records that are to be maintained permanently; b. Deeds, easements and other recorded land documents that are to be maintained permanently; c. Minutes and Agendas of City Council meetings which are to be maintained permanently; d. Employee personnel files and employment history records which are to be maintained permanently; and e. Any current accounts payable or receivable records, or other fiscal records that are to be maintained until authorized for disposal by the legislative auditor, pursuant to A.C.A. 19 -4- 1108. IN TESTIMONY WHEREOF, theg City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of l0 for and 0 _ainst, the foregoing Resolution at its Regular Meeting held on the 2 lst day of June 2010. ,,i l Robert D. Fr- ATT TED: APP •OVED A 0FORD adte 1 Barbie Curtis, City Clerk/Treasurer N. Donal Jenkins, CH Attorney Next on the agenda was Boards and Commissions. The Housing Authority recommended the renewal of the term for Ken Kilgore for another five year term. Alderman Moore seconded by Alderman Swaim made a motion to grant the nomination. The Council followed with a unanimous vote. The Municipal Auditorium Commission recommended the renewal of the term for Kyle Salyer for another five year term. Alderman Swaim seconded by Alderman Ragsdale made a motion to grant the nomination. The Council followed with a unanimous vote. The Planning Commission recommended the renewal of the term for Mark Evans for another three year term. Alderman Swaim seconded by Alderman Sagley made a motion to grant the nomination. The Council followed with a unanimous vote. The Historic District Commission recommended the renewal of the terms for Dwight Hopkins and Paul Gibson for another three year term. Alderman Swaim seconded by Alderman Dodd made a motion to grant the nominations. The Council followed with a unanimous vote. The Public Library Board recommended the renewal of the term for Robin Holt for another five year term. Alderman Swaim seconded by Alderman Parker made a motion to grant the nomination. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to appropriate the sum of $1,302,033.20 to pay expenses and salaries for May 2010, presented by the City Clerk. The Council followed with a unanimous vote. I I 6 -11 -2010 03:50 PM J- C I T Y O F V A N 0 0 5 6 9 PAGE: 1 TRIAL BALANCE IS OF: MAn um,• 2010 10 General Fund m Il MON:H TO OA16 TFAB 10 GATE I ACCTM ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS 11 ASSETS J 1000 Pett Cash 0.00 200.00 1020 Cash in Bank 45,903.77 136,199.95 0 1020.04 Veterans' Memorial -Act 934 0.00 0.00 Pf4 1020.05 2009 Byrne Recovery Grant 218.04 29,262.06 4 L 6 9 0 6 r'0 9 ig 1020.06 2009 Byrne Grant 0.00 120.00 1020.07 2007 Byrne Grant 0.00 0.00 1 5 2 8 0 1 1020.09 Cash in Bank -Ins 2000 Storrs 0.00 24,852.38 8 7 7 15 1 8 7 1020.09 District Gout Gram Mediation 50.00 25.00 1 9 6, 5 3 1. 1 1+ i 1020.10 Cash in Bank HDC 1,322.44 3,070.85 1 1 J 46 7 1020.11 Cash in Bank -KVBB 0 0.00 I 1020.13 Cash In Bonk -ACT 833 9,922.83 41,850.56 5k4'48+ 1020.14 Court Automation- District 1,722.50 54,973.22 `9 it 5 3 2 1 1020.15 Cash in Bank -ACT 1314 0.00 0.00 1 7 1 9 0 0 r A 1020.16 AA Dept of Rural Services 0.00 25,000.00 1 9 0 0 5 3 j 1020.17 New Police Dept 0.00 35,000.00 I 1020.18 Cash in Bank PD Co Tax 19,868.71 92,616.15 0 09 1I 1020.19 Cash in Bank ID Co Tax 22,820.35 230,693.64 I 3 0 2 7 0 5 3 2 0 0 102010 Cash In Bank Erosion Control 200.00 5,050.00 1020.27 Cash in Bank Levee 0.00 1,094.17 j 1020.28 Marina Repairs 2,032.50 0.00 1020.31 Cash in Bank Parks i ROC 3,824.00 41,706.19 1020.32 GIF -Parks a Recreation 1,240,79 6,337.09 1020.33 Cash in Bank -Yard Waste 930.49 8,387.60 111 1020.51 Cash in Bank Cemetery 33.27 11,056.23 11 1020.91 Cash in Bank Cap Icp 377,028.27 1,088,122.93 1040 Investments 0.00 550,000.00 1 11 1540.10 Investments sales Tax City 0.00 0.00 1040.18 Investments PD Co Tax 0.00 0.00 i ii 1040.19 Investments FO Co Tax 0.00 0.00 I 1040.27 Investments Levee 0.00 0.00 1540.31 Investments Parks 6 ReC 0.00 0,00 I 1040.51 Investments Cemeter 0.00 48,752.59 1040.91 Investments Cap Imp 0.00 1.813,765.63 1 1 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 i 1505 Due From Other Funds 0.00 0.00 1 1520 Pte from Street Fund 11.50 4.53 1 1540 Due FL= Library Fund 0.00 0.00 I I LIABILITIES AND FUND BALANCE 2000 Accounts Payable 0.00 0.00 I 2010 Municipal Health Ina. Payable 0.00 0.00 1 2030 Colonial Life Payable 0.00 0.00 1 2035 credit union -First Resource 0.00 0.00 1 2040 LOFTS Payable 0.00 0.00 1 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. Mr. Jim Scott who resides in Oliver Springs subdivision has safety concerns for his neighborhood. Speeding vehicles and no sidewalks are two attributes to this. He asked the council if there was any other action that could be done to deter the speeding and reckless driving behavior. Mayor Freeman recommended us contacting Traffic Engineering Solutions of Oklahoma City to come do a study and asked council for approval of this action. Art Sellers spoke to the council regarding a noise ordinance for vehicles. According to him, the city has no ordinance in place for the police to be able to do anything. Surrounding cities have ordinances and he would like to see the city do something. Mayor Freeman had a few things to address. The settlement for the library has been signed and sent to the bonding company. We are waiting on their signatures and its return. The city received word last week that we were awarded an Energy Grant from Arkansas Department of Energy in the amount of $498,213 for energy upgrades to our municipal buildings with $120,000 matching funds with a total funds in excess of $600,000 for windows, insulation, and units for City Hall. King Opera House, Train Depot, and three fire stations. Mayor Freeman gave thanks to John Symonds and Jennifer Froud for their work in applying for that grant. We also received word that we should be seeing some work done on the traffic signal upgrades to LED Technology. We will see both energy and maintenance savings from this upgrade. Mayor Freeman gave thanks to James Young and Larry Ricketts. Mayor Freeman also thanked Firehouse Subs for the equipment donation to the fire department. Lastly, he thanked the youth at Heritage United Methodist Church for the help with the city park and down town clean -up. 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 7:50 p.m. ATTESTED: A' PRO ED: 4 4-1 9 44 1) CITY CLERK TREASURER MAYOR `r N