11 November 2021 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING NOVEMBER 22,2021
The City Council of the City of Van Buren,Arkansas met at 5:30 p.m. Monday,November 22, 2021 at
the Van Buren Municipal Complex. The meeting was called to order by Mayor Hurst. On roll call,the
following Council members answered as their names were called: Council Member Bell, Dodson,Kneeland,
Pity and Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total
ofaeight (7) present. A quorum was declared.
The invocation was given by Jacob Howell,Van Buren City Attorney.
Jacob Howell then led the Pledge of Allegiance.
Next,the following items were on the October 2021 consent agenda:
• MINUTES OF THE REGULAR COUNCIL MEETING ON October 25,2021.
• PLANNING COMMISSIONER APPROVAL—MISSY HEFNER
• STREET CLOSURE—VAN BUREN BASEBALL BOOSTER 5K RUN
• RESOLUTION—DISPOSAL OF FIXED ASSETS PARKS DEPARTMENT—RESOLUTION 11-01-
2021
1 • RESOLUTION—EMPLOYEE CHRISTMAS BONUS—RESOLUTION 11-02-2021
• FINANCIAL STATEMENTS
• DEPARTMENT REPORTS: POLICE—FIRE—BUILDING DEPARTMENT—PUBLIC
WORKS/PLANNING—AMBULANCE.
Council Member Petty made a motion to approve the consent agenda. Council Member Wood seconded
the motion. Council members voted aye: five The following voted nay: none.
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RESOLUTION 11-01-2021
CITY OF VAN BURIN,ARKANSAS
RESOLUTION NO.II - a -2021
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BURE,ARKANSAS,
A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION
OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are
obsolete,and/or beyond repair,and are no longer cost effective,so as to no longer be needed by
the City;and
WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said
items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed
bid,auction or as otherwise authorized under A.CA§14-54-302.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BURE,
ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from
the Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods
authorized under the law:
Department Amount Description of Inventory Control#
Parks Department $31,247.00 1986 Case 580E Backhoe PR—8
SN#17046157
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve,
and adopt,by a vote of_for and Q against the foregoing Resolution at its regular meeting held on the
221d day of November 2021.
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Mayor
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ATTESTED: APPROVED AS TO FORM:
P Thomas if&b Howe�
City Clerk/Tmasurer omey
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RESOLUTION 11-02-2021
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CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1 I - -2021
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BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN
BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: f
A RESOLUTION APPROVING A THREE HUNDRED DOLLAR($300.00)
CHRISTMAS BONUS TO ALL FULL-TIME,NON-ELECTED CITY
EMPLOYEES WHO HAVE ONE(1)FULL YEAR OF SERVICE AS OF
DECEM 3ER 1,2021.
WHEREAS, the City of Van Buren,Arkansas has paid a Christmas
Bonus to its salaried employees in the past;and
WHEREAS, the City of Van Buren,Arkansas wishes to continue this
practice.
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NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: All full-time,non-elected city employees who have f
one(1)full year of service as of December 1,2021,shall
be paid a three hundred dollar($300.00)bonus for
Christmas.
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did ass,approve,and adopt,b a vote of for and 0 P PP P Y s'� against,the foregoing Resolution 1
at its regular meeting held on the 22nd day of November 2021. t"
B
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Mayor
ATTESTED: APPRO AS TO FORM: f
Phy�lhs Thomas J ob
City Clerk/Treasurer City Attorney
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FINANCIAL STATEMENT OCTOBER 2021
October, 2021
Total Expenditures
$1,490,600.60
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On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,
ARKANSAS,AND FOR THE OTHER PURPOSES. The Clerk read the Ordinance in its entirety.
Mayor Hurst stated that we had applied for and received a TAP GRANT, from the highway department
in the amount of$274,000.00. Mayor Hurst is authorized to execute a contract with Hawkins-Weir Engineers,
to provide engineering services for the development of plans and specifications for the Northridge Sidewalks
project. Mayor Hurst asked Mr. Larry Yancey with Hawkins-Weir if he would speak. Mr. Yancey stated that it
will be 4200 linear feet of sidewalk. Most of the work will be completed in front of Oliver Springs Elementary
back toward Oliver Springs Road. They will be working on both sides of the road and fill in any dead spots.
Mayor Hurst asked if there was any discussion. There was none. Council Member Wood seconded by
Council Member Bell moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes—Council Member Petty, Wood, Bell, Dodson, Kneeland. 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.
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THE RESOLUTION WAS GIVEN THE NUMBER 11-03-2021
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RESOLUTION 11-03-2021
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CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1� o3 -2021
BE IT ENACTED BY THE CIYT COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
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A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY s
OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES t
WHEREAS, the City of Van Buren, Arkansas has received Federal-aid Transportation
Alternatives Program grant funds for new sidewalks on Northridge Drive East;and
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WHEREAS, the Agreement of Understanding between the City of Van Buren and the Arkansas
Department of Transportation requires the City of Van Buren to employ the
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services of a registered professional engineer to prepare plans and specifications
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for the project. �.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor is authorized to execute a contract(Exhibit"A")with Hawkins-Weir
Engineers, Inc.to provide engineering services for the development of plans and
specifications for the Northridge Sidewalks project for the not to exceed fee of
$44,250.00.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did 1.
pass,approve,and adopt,by a vote of_S for and C� against,the foregoing Resolution at its
regular meeting held on the 22"a day of November 2021. :
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h P.Hurst
Mayor
ATTESTED: APPROVED AS TO FORM:
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P yllis Thomas Jaco well
City Clerk/Treasurer City Attorney
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On the agenda next was to consider A RESOLUTION TO AMEND A SECTION 2.24.11 OF THE VAN
BUREN MUNICIPAL CODE TO AUTHORIZE CITY COUNCIL MEMBERS TO ATTEND, SPEAK,
AND VOTE DUTING CITY COUNCIL MEETINGS BY ELECTRONIC MEANS WITHOUT BEING
PHYSICALLY PRESENT. The Clerk read the Ordinance in its entirety. Mayor Hurst stated that this is
something we are needing to put in place due to the recent pandemic. Council Member Kneeland wanted
clarification, asking about the possibility of council members only attending the meetings virtually. Mayor
Hurst stated this should only be used if council members cannot physically attend. Council Member Petty
stated that it works well for him if he must be out of town for business.
Mayor Hurst asked if there was any discussion. There was none. Council Member Kneeland seconded
by Council Member Dodson moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes—Council Member Petty, Wood, Bell, Dodson, and Kneeland. 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.
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THE RESOLUTION WAS GIVEN THE NUMBER 11-04-2021
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RESOLUTION 11-04-2021
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CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I- -2021
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' BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN
i BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AMEND SECTION 2.24.11 OF THE VAN BUREN
I MUNICIPAL CODE TO AUTHORIZE CITY COUNCIL MEMBERS TO
i ATTEND,SPEAK,AND VOTE DURING CITY COUNCIL MEETINGS
BY ELECTRONIC MEANS WITHOUT BEING PHYSICALLY PRESENT
WHEREAS, the City of Van Buren authorized city council procedures by adopting
g "The Procedural Rules for Municipal Officials"published by the
4 Arkansas Municipal League;and
WHEREAS, in addition to the"Procedural Rules for Municipal Officials"
publication,an amendment to Section 2.24.11 is necessary to
1 authorize virtual city council meetings.
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NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL I_
OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: That the City Council of the City of Van Buren,Arkansas hereby amends
the City Council Procedures in Section 2.24.11 of the Van Buren Municipal Code by
authorizing virtual city council meetings as shown below:
After proper notice has been provided to the public,City Council Members are authorized
to assemble,gather,meet,and conduct open public meetings(including speaking,voting,
and passing ordinances and resolutions)through appropriate electronic means.These open
public meetings include regular and special City Council meetings.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,
did pass,approve,and adopt,by a vote of--51 for and d against,the foregoing Resolution
at its regular meeting held on the 22°d day of November 20 1.
seph Hurst
Mayor
AT STIED: O O
Phyl is Thomas J
City Clerk/Treasurer City Attorney
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ORDINANCE 17-2021
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On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE A CONTRACT FOR,AND PURCHASE OF,A PIERCE FIRE APPARATUS ON A
SABER FR CUSTOM CHASSIS FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION
OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
The Clerk read the Ordinance in its entirety. Council Member Kneeland moved that the rules be
suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member
Wood. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time. .
Council Member Kneeland moved that the rules be further suspended, and the Ordinance placed on the
third and final reading. The motion was seconded by Council Member Wood. The Council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time.
Mayor Hurst asked Chief Arnold if he would speak on the ordinance. Chief Arnold stated that five years
ago we purchased the ladder truck and we just finished paying it off. We are now in need of a new pumper ;
truck which will allow us to have 2 reserves. We have budgeted for this new pumper truck and plan to only
finance $300,000.00. Council Member Petty stated that we need to look at a local bank to do our financing.
Mayor Hurst stated that we are looking into several different options. r
The Mayor asked if there was any discussion. There was none.
Motion was made by Council Member Wood and seconded by Council Member Petty to adopt the
Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: AYES—Council Member
Petty Wood, Bell, Dodson, and Kneeland. NAYS —None.
The Mayor declared the motion carried as there were six(6) AYES and zero (0)NAYS. 1.
Motion was made by Council Member Dodson and seconded by Council Member Kneeland that the
Emergency Clause be adopted. On the Clerk's calling the roll,the following vote resulted: AYES —Council
Member Petty, Wood, Bell,Dodson,and Kneeland. NAYS—None.
The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the
City Clerk.
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THE ORDINANCE WAS GIVEN THE NUMBER 17-2021
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ORDINANCE 17-2021 , CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 17-2021
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A
PIERCE FIRE APPARATUS ON A SABER FR CUSTOM
CHASSIS FROM PIERCE MANUFACTURING; FOR THE
APPROPRIATION OF FUNDS;DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES, I-
WHEREAS, the City of Van Buren is in need of an additional fire apparatus for the safety of life and
protection of property by the City of Van Buren Fire Department;and €
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WHEREAS, after extensive research and inquiry,the City of Van Buren Fire Chief has determined
that utilizing the Houston Galveston Area Council program would be the most practical, k
feasible and cost effective method to purchase a new Pierce Fire Apparatus on a Saber
FR Custom Chassis conforming to all Federal Department of Transportation(DOT)rules
and regulations in effect at the time of proposal and with all National Fire Protection
Association(NFPA)Guidelines for Automotive Fire Apparatus as published at the time
of proposal. It will be equipped with a Cummins diesel ISL 450 HP engine,LED light
package,1250 gallons per minute Waterous pump and other accessories. This vehicle is
uniquely suited to the needs of Van Buren,and that no other vehicle,for the same price,
is a reasonably suitable alternative;and
WHEREAS, the cost of this Pierce fire apparatus and equipment is a total price of$564,177.00 which
exceeds the limit for purchase without competitive bidding;and
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-302 that exceptional
circumstances exist which render the competitive bidding process to not be practical or 6,
feasible;and
WHEREAS, a state of emergency exists because the Pierce fire apparatus will provide life safety and
protection of property not now available,and because the unit will take approximately
twelve to fourteen months for manufacture and deliver.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Fire Department of the City of Van Buren,Arkansas is in immediate need to
purchase the Pierce Fire Apparatus on a Saber FR Custom Chassis and associated I.
firefighting equipment. '
SECTION 2: That the purchase of said fire apparatus,and associated firefighting equipment from
Pierce Manufacturing,located in Appleton Wisconsin,for the sum of$564,177.00,
pursuant to the contract and is necessary to protect the life and safety of Van Buren
citizens.
SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-302 hereby waives the
requirement of competitive bidding and directs the Mayor to purchase the above
described for the price set forth in Section 2 above. f
SECTION 4: The Mayor is further authorized to utilize funds in the amount of$250,000.00 for partial
payment and enter into an agreement with an appropriate financial institution in order to
finance the remaining payment of this equipment,pursuant to AMENDMENT 78, 1
SECTION 2 OF THE CONSTITUTION OF THE STATE OF ARKANSAS and ARK.
CODE ANN.§14-78-103.
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SECTION 5: It is further found that due to the immediate need to acquire this fire apparatus and
associated equipment an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health,safety,and welfare,it shall take effect g
from and after its passage and approval.
SECTION 6. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van v
Buren to execute all documents,contracts,and agreements necessary to effectuate this f
Ordinance.
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SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be severable, -_
and,if any section or part of a section,or any provision or part of a provision herein,is
declared to be unconstitutional,inappropriate,or invalid by any court of competent
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jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance i
and to that extent the provisions hereto are declared to be severable.
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IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of_1L for and a against,the foregoing Ordinance at its regular meeting `±
held on the 22"day of November 2021.
osep P. airs[
ATTESTED: APPR ORM:
Ph rs ThomA J
City Clerk/Treasurer City Attorney t
There being no further business, motion was made by Council Member Bell and seconded by Council
Member Petty to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:52 p.m.
ATTESTED: APPROVED:
CI TV CLE -TREASURER Y R