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04 April 2006 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD APRIL 17, 2006 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, April 17, 2006 at City Hall. The meeting was called to order by Mayor Riggs. On roll call the following Council members answered as their names were called: Alderman Swaim, Parker, Moore Spoon, Dodd, ancl Sagely. City Attorney Candice Settle and City Clerk Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared. The Invocation was given by Bill Gentry, St. Edwards Hospital. Next Mayor Rig,,s led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on March 20, 2006. Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. The Clerk read the Resolution in its entirety. Mayor Ri Gs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. And the following voted nay: 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 4-1 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4 2006 A RESOLUTION AUTHORIZING AND DIRECTING TILE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. WHEREAS, The Mayor of Van Buren needs to advertise for bids on property insurance, which expires June 25, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the Mayor is authorized and directed to cause to be drafted a list of needed insurance. SECTION 2: THAT after said Iist is prepared and incorporated into a Notice to bidders, the City Clerk is authorized and directed to advertise for bids for said insurance. PASSED AND APPROVED THIS I 7 DAY OF APRIL, 2006. MAY II CHIN RIG ATTESTED: C---/ CITY CLERIC-TREASURER On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF L S LAWN SERVICE FOR LAWN MAINTENANCE OF THE CITY PROPERTY. The City Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Rips on the adoption of the motion and the roll being_ called the following_ voted aye: Alderman Swaim, Parker Moore, Spoon, Dodd and Sagely. And the following voted nay: 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 4-2 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. LE- -2006 A -RESOLUTION ACCEPTING THE BID OF L S LAWN SERVICE FOR LAWN MAINTENANCE OF CITY PROPERTY. WHEREAS, The Mayor has advertised for bids for lawn service for the maintenance of several city properties; and NVIIEREAS, That only one bid has been received and it has been opened as advertised; and WHEREAS, That the Council recognizes that the bid was made by 1. S Lawn Service, and that its owner, Wesley Sandlin, Jr., is the son of a city employee, Wesley Sandlin, Sr.; and WHEREAS, The Council feels that the bid of L S Lawn Service is a reasonable and acceptable bid. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION l: THAT the Bid of $900.00 /month by L S Lawn Service is accepted. PASSED AND APPROVED THIS 17th DAY OF APRIL, 2006. Asa- MAY Sill JOHN r 1 A"TT�ESTED: el-L,'7- CITY CLERK/TREASURER On the agenda next was to consider a RESOLUTION AUTHORIZING THE MAYOR TO ENTER LNTO A CONTRACT FOR ENGINEERING SERVICES FOR RENA ROAD WIDENING-PHASE I. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Dodd asked if part of the money tube used would be Federal money. Mayor Riggs said the contract. would be 20° o local match and the rest would be Federal. The Engineering would be at the City's cost. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd, and Sagely. And the following voted nay: 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 4 -3 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4-3 -2006 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT F012 ENGINEERING SERVICES FOR RENA ROAD WIDENING —PHASE 1. WIIEREAS, The City of Van Buren, Arkansas desires to widen and reconstruct Rena Road and the City is in need of engineering services to prepare the final plans and specifications for Phase I of the project. NOW, THEREFORE, I3E IT RESOLVED BY THE CFFY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I: The Mayor is authorized to enter into a contract with Hawkins Weir Engineers, Inc. of Van Buren, Arkansas, to provide engineering services for the final plans and specifications for Rena Road Widening —Phase 1. Payment for such engineering services and reimbursable rt expenses shall not exceed $145,000.00. PASSED AND APPROVED THIS I 1 D Y OF APRIL, 2006. alw MAYOR OHN R ATTESTED: CITY CLERIC/TREASURER li On the agenda next was to consider a RESOLUTION AUTHORIZIiNG APPLICATION FOR DESIGNATION AS PRESERVE AMERICA COVLYLUNITY. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. Alderman Parker asked if there were restrictions on local building owners. Maryl Koeth with the A P Commission said this was a program started by Laura Bush. She said they would be working hand and hand with our Historical District. She said there would be no additional restrictions on the building owners. Alderman Parker seconded by Alderman Swain moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd. and Sagely. And the following voted nay: 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 4 -4 -2006 C!i'Y OF VAN ItUREN, ARKANSAS RESOLUTION NO. 4- -2006 A RESOLU'T'ION AUTHORIZING APPLICATION FOR DESIGNATION AS PRESERVE AMERICA COMMUNITY. WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and WIIEREAS, The goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, This initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, Designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources. NOV, THEREFORE, BE 11' RESOLVED BY TIIE on COUNCIL OF VAN I3UREN, ARKANSAS: SECTION 1: THAT the City of Van Buren will apply for the designation of a Preserve America Community. SECTION 2: TIIAT the City of Van Buren will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. PASSED AND APPROVED TIIIS 17111 DAY OF APRIL, 2006. MAYO N R ATTESTED: CITY CLERK /MEASURER 1. ..a .,I, the age was the Financial Statement. Motion was made 1 Alderman Nloore and seconded by Alderman S\V tnn to appropriate the sum of $936,64.08 to pay expanses and salaries for March 2006, presented by the City Clerk '1 reasurer. The Council followed with a unanimous vote. 9 -11 -2006 10,48 AM C I T Y 0 0 VAN B U R E N PAGE: 1 1 TRIAL BALANCE AS OF: MARCH 31ST, 2006 10 -General Fund SEAR TO DATE MONTH 10 GATE ACCT* ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS I 200.00 1000 Petty Cash 0.00 1020 Cash in Bank 115,658.35 207,642.75 0 1020.10 Cash in Bank 0.00 k Sales Tax City 0.00 1020.17 New Police D00L B.00 35,000.00 814,8.44.65 16,960.86 1020.18 Cash in Bank PO Co Tax 119,148.20 1 57 1 26 i 19,551.39 86,314.49 1020_19 Cash in Bank FO Co Tax 117 4 1 8 6 6 5,300.00 1020.20 Cash In Dank erosion Control Jj00° 3,394.17 5-.650 9 2 1020.27 Cash in Bank Levee 0.00 1020.31 Cash in Bank Parks a ReC 500.00 15,540.39 7,203.80 1 L 114 9,017.94 3 1 1 7 9- 1020.51 Cash in Hank Cemetery 1020.91 Cash in Bank Cap Imp 91,114.91 81],595.04 0.00 0.00 1040 Investments 936,645 08 B.BO 0.00 1040.10 Investments Sales Tax city 1040.18 Investments PD Co Tax a.0a 0.00 1040.19 Investments FD Co Tax 0.00 0.00 1040.27 Investments Levee 0.00 0.00 00 0.00 0. 1040.31 Investments Parks ReC 1 1040 -51 Investments Cemetery 767,758.97 0.00 48,581.40 1040.91 Investments Cap Imp 0.00 000 I. 1040.92 Capital Improvement CD 0.00 0.00 1050 Fixed 850005 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 I 1505 Dun From Other Funds 0.00 0.00 I 00 0.25 0. 1520 Due from Street Fund i 1540 Due Pim Library Fund 0.00 0.00 LIABILITIES AND FOND BALANCE 0.00 0.00 I I 2000 Accounts Payable l 2010 Municipal Health Ins. Payable 0.00 0.00 0.00 2030 Colonial Life Payable °.h0 00 2035 Credit union -Flynt Resource 0.00 0.00 2040 WPFI Payable 0.00 0.00 2050 National Foundation Life Ins. 0.00 35.28 2080 conseco Payable 0.00 0.00 2090 New York Life 108. Payable 0.00 0.00 I 2100 Life Ins. of Georgia Payable O.UO 0.00 2130 Gdrnislunenl:n Payable 0.00 0.00 2135 R. Allen Trust 8502355610 0.00 0.00 a.00 °.°0 2140 United May 'Payable 250.00 5.00 i 2150 Parks 6 Rcc. P.O.D. 2160 Pre -Paid Legal Services 0.00 0.00 0° 0.00 2110 F.O.P. 1 2175 Van Buren Fire Fighters Union 0.00 0.00 2176 Van Buren Firemen contribution 0.00 0.00 2177 Police Officers Union °.00 0.00 Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing. Next was time for miscellaneous and general discussion. Mayor Riggs said they had received a letter from Attorney Kevin Holmes. The Mayor asked if there was any discussion. Alderman Swaim said if there was no discussion, he made a motion in the form of a Resolution to reject the settlement offer outlined in Mr. Holmes letter dated April 3, 2006. The letter was addressed to Mike Mosley of the Arkansas Municipal League in North Little Rock. Attorney Candice Settle said she thought a motion would be sufficient. Mayor Riggs said he thought a motion of the rejection in the minutes would be sufficient. Alderman Spoon said whatever the Council said was the proper manner. Alderman Spoon asked where the Municipal League Attorneys stand on this. Attorney Candice Settle said Mr. Mosley said he wanted to leave that up to the Council. Mr. Mosley said he thought $22,000 was not reasonable and a counter offer lower than that would probably not be accepted. Mayor Riggs said they had a motion made by Alderman Swaim and it was seconded by Alderman Parker. The Council followed with a unanimous vote. Mayor Riggs said the next item to discuss was a Cloverleaf street closing. Attorney Paul Gant spoke on behalf of J.R. Young and Citizens Bank. Mr. Young and Citizens Bank had filed a petition that part of what once was the extension of Old Alma Boulevard which for all purposes had been abandoned be closed. Attorney Gant said Mr. Brad Baldwin City Engineer had a meeting with Mr. Young, Citizens Bank and himself. Attorney Gant said there was a lot on the table at this time that was very important to the community. Attorney Gant said they had agreed to withhold the seeking of approval of the petition for a period of sixty (60) days. Attorney Gant said they would withdraw their petition until the June meeting. Mr. Young said there were a lot of businesses concerned about this area. Mayor Riggs said they would run it by the Planning Commission. Alderman Swaim said since Mr. Baldwin was already working on this project he would like to have Mr. Baldwin in conjunction with that starting at 28 Street at Rhodes Chevrolet and go east to the on ramp at 540 south side of the Highway including the old Wal -Mart parking lot, Mr. Young's property and etc. and determine what is City easement, Highway Department easement and what is private property easements. Alderman Swaim said that entire section from McDonald's at the intersection and over could afford to be worked and reworked properly to handle ingress and egress. Mayor Riggs told City Engineer Brad Baldwin to do whatever it took. Mayor Riggs said the next item was to discuss contracting with an ambulance service. Mayor Riggs asked Chief McAdoo to speak. Chief McAdoo said over a month ago they advertised for the ambulance service in the Arkansas Gazette and the City and Town magazine. He said the add ran for fourteen (14) days in the newspaper and ran for a month in the City and Town magazine. Chief McAdoo said the Alderman and the City Attorney have packets to look at. The Fire Chief said they thought they had seven (7) proposals but turned it out to be only four (4). He said he thought they were four (4) good proposals. Chief McAdoo said he thought it would be something good to look at. Mayor Riggs said if the Council has any questions they could call Chief McAdoo. Mayor Riggs said that the Firemen responded to eight hundred fifty (850) to nine hundred (900) calls last year. He said the Firemen were fast responder, EMT certified. The Mayor said when these firemen go out and they save a life they get nothing. These agreements include a $50.00 certificate per employee to be paid by the ambulance service. Chief McAdoo said these proposals were not only for the Fire Department they were for the public also. Mayor Riggs said they had not set a date on this but he would like to as soon as possible maybe as soon as June. Alderman Swaim said there was a point that he had a problem with. Alderman Swaim said historically Crawford County had an ambulance contract with Canon that' expired five (5) years ago. He said they advertised for bids for a five (5) year contract that was awarded to Angel Care. Alderman Swaim said the contract expires December 31, 2006. The Contract will be negotiated before it expires and readvertised. He said that was in the process right now. Alderman Swaim said to prevent the County from getting the contract and continuing as they have in the past ten years, he said now they want to cherry pick. He said they would take Alma and Van Buren and let the County go. Alderman Swaim said someone out of the area has no service. He said he did not believe in the City trying to change and ignore the rest of the county. He said not only by cherry picking it could be used as a conflict of interest. Alderman Swaim said he had a problem with all of this, especially the `ve are going to take care of us and tough for the rest He said he thought the City could find enough money to pay the firefighters to maintain their EMT license and keep them updated. Mayor Riggs said Alma already has an exclusive contract. Mayor Riggs said they could have an emergency run and the only ones to show up maybe the Fire Department. Mayor Riggs said Alma is the one making the money. He said with this proposal the City of Van Buren is getting a guarantee of at least two (2) ambulances in the area at all times. Mayor Riggs said he was concerned about the county also. Mayor Riggs said times were tough but maybe we could find the money for the firemen's training. He asked Chief McAdoo if the training would cost around $20,000. He said the overtime pay would be an issue. Chief ivicAdoo said it would cost somewhere around that figure. The Mayor said he thought they should look at the proposal. Attorney Candice Settle said the reason this all came about was Angel Care wanted an exclusive contract. She said looking at this they are trying to raise the level of care and get the best we could for everyone. Chief McAdoo said he thought the service would improve countywide. Alderman Parker asked how many businesses would they be putting out of business currently serving now. Chief McAdoo said there was only one (1) at this time that was serving Van Buren. He said when Angel Care wanted an exclusive contract that's when they decided to put the contract up for bids. Alderman Parker asked if there any other business they would be putting out of business. Attorney Settle said she thought Alderman Parker was asking if there were any other types of transport whether that be ambulatory or other transport. Alderman Parker agreed. Attomey Settle said it was within the Council's discretion what limits are placed on an exclusive contract. Alderman Swaim asked if Attorney Settle was saying the Council could require the ambulatory service to serve the entire Crawford County. Attomey Settle said no. Chief McAdoo said someone would have to take the County contract or they would not leave the County un- served. Alderman Swaim said once you have taken Van Buren and Alma out of the mix, a service in the county couldn't survive. Chief McAdoo said there was another service that was going around getting exclusive contracts with different cities in the county. Chief McAdoo asked what kind of game that was. Mayor Riggs said that's where they are at the present they don't have a guarantee with any of the services. Attomey Settle said there were some problems right now of getting service when they are called. Attomey Settle said they are not getting good responses. Chief McAdoo said they have nothing at the present to hold the service to any king of standards. He said where do I go with a complaint. Alderman Swaim said to the county. Alderman Swaim said he doesn't know what is in the contract. Aldennan Swaim said they would look it over. Alderman Moore seconded by Alderman Swaim made a motion to adjoum. The Council followed with a unanimous vote. The meeting adjourned at 7:40 p.m. APPROVED: ATTESTED: R ttiv e MAYOR �,ue CITY CLERK TREASURER