08 August 2006 Special MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD AUGUST 28, 2006
A special called meeting of the City Council of the City of Van Buren, Arkansas met
at 7:00 p.m., on Monday, August 28. 2006 at City Hall. The meeting was called to order
by Mayor John Riggs, presiding officer. The Mayor thanked everyone for coming.
Council members present were Alderman Swains, Parker, Moore, Spoon, Dodd, and
Sagely. City Clerk Barbie Curtis and City Attorney Candice Settle were also present.
This made a total of nine (9) present. A quorum was declared.
The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING,
CERTIFICATE OF SERVICE OF NOTICE AND THE WAIVER OF REGUALR NOTICE OF
AND CONSENT TO SPECIAL MEETING."
NOTICE OF SPECIAL MEETING
NOTICE OF SPECIAL MEETING TO THE CITY COUNCILMEN
OF THE CITY OF VAN BUREN, ARKANSAS
Notice is hereby given that a Special Meeting of the City Council of the City of Van
Buren, Arkansas, will be held at the Municipal Complex at 7:00 P.M. on Monday, August
28, 2006, for the following purposes:
1. Ordinance Approving Contract for Ambulance Service for City of Van Buren.
2. Resolution Accepting Bid of Reeder -Simco GMC for Two Dump Trucks.
3. Resolution Ratifying the Purchase of Certain Property for the Library.
4. Ordinance to Require Electronic Recordkeeping by Owners and Operators of Pawnshops
Pawnbrokers and Dealers in Secondhand Goods Doing Business iinn the City of Van Buren.
JOHN RIGGS, MAYOR
CERTIFICATE OF SERVICE OF NOTICE
I, Barbie Curtis, the duly appointed City Clerk Treasurer of the City of Van Buren, DO
HEREBY CERTIFY that on the 28th day of August, 2006, I served a true copy of the
foregoing Notice of Special Meeting to each and every Councilman of the City of Van
Buren, Arkansas, by handing a copy to each, in the manner provided in the By -Laws.
CLA10-t;-)
BARBIE CURTIS, CITY CLERK- TREASURER
WAIVER OF REGULAR NOTICE OF AND CONSENT: TO SPECIAL MEETING
We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept
service of the NOTICE OF SPECIAL MEETING, waiving any and all irregularities in such
Service and in such Notice and Consent agree that the said City Councilmen of the City
of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for
the purposes stated therein.
s
On the agenda was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO AN EXCLUSIVE FRANCHISE FOR AMBULANCE SERVICES;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Mayor asked that
the City Clerk read the Ordinance. She told the Mayor that she didn't have the information on the
recommendation bid from the committee. The Mayor asked Alderman Swaim, who is on the
committee, if they would make a recommendation. Alderman Swaim spoke and said the
committee voted unanimously that Southwest EMS of Mena was the best bid. The Mayor then
asked the City Clerk to read the Ordinance. 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 Parker. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, 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 ordinance was read 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 Spoon. On the Clerk's calling
the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Spoon, 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, Spoon,
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 Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll the following vote resulted: Ayes:
Alderman Swaim, Parker, Moore, Spoon, 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 duly passed and signed same in open Council, duly attested
by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 8 -2006
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
REEDER -SIMCO GMC FOR TWO DUMP TRUCKS. The Clerk read the Resolution in its
entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Dodd moved that the Resolution he 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 8 -6 -2006
CITY OF VAN 13UREN, ARKANSAS
RESOLIPr1ON NO. g- -2006
A RESOLUTION ACCEPTING THE 1311) OF REEDEI2 -SIMCO GMC FOR TWO
DUMP TRUCKS.
WHEREAS, 'FM Mayor has advertised for bids for two dump trucks for the Street
Department; and
WHEREAS, Only one bid was received and it was opened as advertised; and
WIIEREAS, The Council feels that the bid of Reeder -Simco GMC is reasonable and
should be accepted.
NOW, THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION I: The Bid of 558.786.00 per dump truck by Reeder -Simco GMC is accepted
and the Mayor is authorized and directed to contract for and pay for the
dump trucks. p
PASSED AND APPROVED THIS no 0-- DAY OF AUGUST, 2006.
MAY( OIIN
ATTESTED:
Z eLLES
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION RATIFYING THE PURCHASE
OF CERTAIN PROPERTY FOR THE LIBRARY. The Clerk read the Resolution in its
entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Parker
seconded by Alderman Swaim 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 8 -7 -2006
CITY OF VAN IIIIItEN, ARKANSAS
RES(n.tr TON 6O. 8' .20016
A RESOLUTION RATIFYING TI1E PURCHASE Or CERTAIN I'R(H'F:WFY
FOR Tim LIBRARY.
WHEREAS, Thai this Council previously approred the purchase of property
adjaernito the lot where the new library will be located; and
WHEREAS, That the Player executed the neceSSart documents to purchase the
property and executed a check to pay for said purchase; and
WHEREAS, The Resolution previously approved by the Council did not contain
the full legal description as the sunny was not completed until
after the Council meeting; and
WHEREAS, The Resolution previously approved by the Council approved
payment of 530,000.00 for the properly, which was not inclusive
of the costs of closing.
NOW, THEREFORE, BE I1' RESOLVED BY T11E CITY C0115011, OF THE
CITY OF VAN BUREN, ARKANSAS:
517(:'1'1051: THAT the City Council hereby ratifies the actions of the Mayor
and Ci0 Clerk in the execution of the closing documents, check,
and any and all other documents dial were necessary to finalize the
transfer of the progeny. Specifically, the City Council ratifies and
approves the purchase of the following property for the amount of
530.000.00, plus closing costs of 52,020.09:
Pan of Lou 4, 5 6, Block 25, McGee Addition to the City of
Van Buren, Crawford County. Arkansas, being more particularly
described as follows:
Commencing at an existing rebar marking the Southwest comer of
Lot 4, Rlxk 25 McGee Addition. Thence along the West line of
said Lot 4, North 00 degrees 02 minutes 56 seconds East, 93.12
feet to an existing rehar and the Point of Beginning. Thence
continuing along the West line of Lot 4, Block 25, McGee
Addition, North 00 degrees 02 minutes 56 seconds East, 47.50 feet
to an existing rebar marking the Northwest confer of Lot 4, Block
25 McGee Addition and said point being on the South Right of
Way line of Cherry Street. Thence along the North line of Lou 4,
5 6. Block 25, McGee Addition and the South Right of Way line
of Cherry Street, South 89 degrees 07 minutes 37 seconds East,
149.92 feet to an existing rebar marking the Northeast comer of
lot 6, Block 25, McGee Addition and the West Right of Way line
of North 15 °i Street. Thence along the Fast line of lot 6, Block 25,
McGee Addition and the West Right of Way line of North 15
Street, south 00 degrees 00 minutes 20 seconds East. 43.45 fen to
an existing rebut. Thence leaving said I'va line and said Right of
Wa line. South 89 degrees 19 minutes 31 seconds West, 149.96
feet to the point of beginning, according to survey by Satterfield
Land Surveyors dated August 17,2006 as lob No. 33,683 Subject
to Easements, nights of Way and Covenants of record, if any.
Subject to Restrictions. Reservations, and Conveyances of Oil, Gas
and Other Minc
PASSED AND APPROVED THIS fuss DAY OE AUGUST, 21106.
MAYOR IIN Rll:l
AV
sitfITAL
cm' CLERK/TREASURER
On the agenda next was to consider AN ORDINANCE TO REQUIRE ELECTRONIC
RECORDKEEPING BY OWNERS AND OPERATORS OF PAWNSHOPS,
PAWNBROKERS AND DEALERS IN SECONDHAND GOODS DOING BUSINESS IN
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 Spoon. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Spoon, 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
Ordinance was read 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, Spoon, 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 tine.
The Mayor asked if there was any discussion. Aldennan Parker asked if and when this became a
state law. Alderman Moore asked who was going to enforce it. Alderman Parker asked if the
owners of the businesses knew of this. Attorney Candice Settle said she wasn't certain of any of
this. Daniel Perry of the Van Buren Police Department has been working on this project, but he
wasn't present at the meeting. Attorney Candice Settle said she believed the owners were aware
and that the Police Department would work with them to get this in place. She apologized that
Mr. Perry was not there to answer questions. No other discussion was held.
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, Spoon,
Dodd, and Sagely. The Mayor declared the notion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Aldennan Swaim and seconded by Alderman Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll the following vote resulted: Ayes
Aldernan Swaim, Parker, Moore, Spoon, 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 duly passed and signed same in open Council, duly attested
by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER9 -2006
Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The Council
followed with a unanimous vote. The meeting adjourned at 7:21 p.m.
ATTESTED: APPROVED:
CITY CLERK TREASURER MAYOR
e
THE ORDINANCE WAS GIVEN THE NUMBER 9 -2006
SECTION 1: That the City'
CITY OF VAN BUREN Council hereby accepts
the bid of Southwest EMS.
ARKANSAS of Mena and grants an ex-
ORDINANCE NO. 8 -2006 clusive franchise' for
AN ORDINANCE emergency and
AUTHORIZING THE non emergency opera
.MAYOR TO ENTER INTO tion, subject to the terms
AN EXCLUSIVE FRAN- and conditions of the at-
CHISE FOR AMBU- tached contract,,which is
LANCE SERVICES; DE- hereby made a part of this
CLARING AN EMER- Ordinance.
GENCY; AND FOR SECTION- 2: That the
OTHER PURPOSES. Mayor is hereby author
WHEREAS, There •is a ized and directed to exe-
need for accountability in cute the attached con
ambulance service in the tract and any documents
City of Van Buren to en- necessary to effectuate
sure its citizens receive the purposes set out
timely and competent am- herein.
bulance service; and SECTION 3: That this
WHEREAS, Ark. Code franchise shall) not be in-
Ann. Section 14 -266 -102, determinate, and shall
et. seq. authorizes cities terminate after a period
of the first class to enter of five (5) years, if not
into an exclusive Fran- sooner, as provided for in•
chise with an ambulance the attached contract to
company to provide emer- protect and ensure acom-
gency and non -emer- petitive bidding proce-
gency ambulance service dure.
within the city limits of SECTION 4: Severability.'
the City of Van Buren; and In the event any title, sec-
WHEREAS, A notice for ,tion, subsection, subdivi -j
bids was published in a sion, paragraph, subpara-
state -wide newspaper, graph, item, sentence,
and bids have been clause, phrase, or word of
opened as advertised; and this ordinance or the con
WHEREAS, A committee tract made a part hereof
was appointed by the is declared or adjudged to
Mayor to interview each be invalid or unconstitu-
of the respective compa tional, such declaration or
nies that submitted a bid; adjudication shall not af-
and fect the remaining por-
WHEREAS, A public tions of the ordinance
hearing was held giving which shall remain in full
all those interested in said force and effect as if the
franchise the opportunity portion so declared or ad-
to speak; and judged invalid or uncon
WHEREAS, That the stitutional was not origi-
Council feels that grant- nally a part of the ordi
ing an ,exclusive franchise nance.
to an ambulance service SECTION 5: Emergency
pursuant to an agreement Effective Date. This
with certain requirement ordinance being neces-
as to response time and sary to ensure continued
number of ambulances re- emergency and
quired to be in the city at non- emergency medical
all times is in the best in scare to citizens of this
terests of the citizens of city, this ordinance is nec-
the City of Van Buren and ''.essary to protect the pub
that an exclusive Iran- ilic health, safety and wel-
'chise should be granted .fare, and therefore, shall
and a contract entered be in full force and effect
into with the successful with the passage of same.
bidder; and THIS ORDINANCE AP-
,WHEREAS, The Council PROVED THIS 28TH
feels that the bid of DAY OF AUGUST, 2006.
Southwest EMS of Mena, APPROVED:
is the best bid. MAYOR JOHN RIGGS
NOW, THEREFORE, BE 'ATTEST:
IT ORDAINED AND EN- BARBIE CURTIS
'ACTED 'BY THE CITY' CITY CLERK/ TREAS
COUNCIL OF THE CITY URER
OF VAN BUREN, AR- Published in the August
KANSAS: 30, 2006 issue of the Press
Argus- Courier.
1
THE ORDINANCE WAS GIVEN THE NUMBER
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 9-2006
IAN ORDINANCE TO RE-
QUIRE ELECTRONIC RE-, SECTION 2. The failure on
CORDKEEPING BY OWN
;ERS AND OPERATORS OF the part of any owner or
PAWNSHOPS, PAWNBRO operator of a pawnshop,
I KERS AND DEALERS IN !Pawnbroker or dealer in
'SECONDHAND GOODS DO secondhand goods to;
ING BUSINESS IN THE; (comply with the provi
CITY OF VAN BUREN; DE _lions of this ordinance
CLARING AN EMERGENCY; 'shall be deemed a misde-
jAND FOR OTHER PUR- :manor. Upon conviction,
POSES. the offender shall be pun
WHEREAS, Ark. Code Anna ',:shed by a fine of $250.00.
42 -12 -103 requires each Each day of noncompli-
and every pawnshop and ance with this ordinance
pawnbroker doing busi shall be deemed a sepa-
mess in the State of Arkan- 'rate offense.
Isas to keep a record (SECTION 3. Severabiluty.
showing in detail all prop-
in the event any title, sec
erty pawned with them, tion, subsection, subdivi.
and Ision, paragraph, subpara-
WHEREAS, Pursuant to' 9lause, hem, sentence,'
Ark. Code Ann. 12- 12.103, !this ordinance s
Such records are required or ad u
to be made available to 1 dged to be invalid's
;police agencies of the mu- or unconstitutional, such
nicipality in which the !declaration or adjudica-
pawnshop or pawnbroker ,lion shall not affect the
is located at any and all remaining portions of the
!reasonable times, and i ordinance which shall re-
'WHEREAS, to main in full force and ef-
maintain "aii; accurate and Ifect as if the portion so
efficient system -for input- declared or adjudged in-
Ling such records and in- :valid or unconstitutional,
formation for law enforce- was not originally a part
ment purposes, there is a l of the ordinance.
substantial need for local ,SECTION 4. Emergency
law enforcement officers and Effective Date. This
to access such records' ;ordinance is necessary to
electronically. I more efficiently and ef-
l NOW, THEREFORE, BE IT fectively, deal with items
ORDAINED AND ENACTED that are sold to pawn
BY THE CITY COUNCIL OF shops and dealers in sec
THE CITY OF VAN BUREN,, ondhand goods in order to
ARKANSAS: assure that stolen' items!
SECTION 1. Each and can be retrieved; as such,
every owner or operator this ordinance is neces
'of a pawnshop, pawnbro- 'sary to protect the public)
ker and dealer in second= health, safety and wel-
hand goods doing bus fare, and therefore, shall
'ness in the City of Van Bu- be in full force and effect;
ren, Arkansas, shall, with the passage of same.
with adoptio in o9 ordif ADOPTED THIS 0 28TH A DAY
nance, maintain an elec 1OF AUGUST, 2006.
tronic inventory tracking
APPROVED: JOHN RIGGS,
g
system which is capable' (MAYOR.
of delivery and transmis ATTEST: BARBIE CURTIS,
sion of all statutorily -re- ;;CITY CLERK/ TREASURER I
s quired information via,IPUblished in the August! 30, 200
computer to the entity] 2006 edition of the'
;designated by the Van Bu Press Argus- Courier
ren Police Department. In!
,regards to this ordinance,
the phrase "dealer in sec-
ondhand goods" does not
,apply to automobile deal
'ers or consignment shop
;owners who primarily
deal in secondhand cloth
,deal