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JANUARY 2022 REGULAR MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING JANUARY 24,2022 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, January 24,2022 at the Van Buren Municipal Complex. The meeting was called to order by Mayor Hurst. On roll call, the following Cc uncil members answered as their names were called: Council Member Bell, Dotson, Kneeland, Osbum, Petty, Wood. City Attorney Jacob Howell and City Clerk Phyllis Thomas were present. This made a total of eight(8)present. A quorum was declared. The invocation was given by Brian Seawald, Discipleship Pastor from Heritage United Methodist Church. Mayor Hurst then led the Pledge of Allegiance. Mayor Hurst recognized Terry Wells for his 25-plus years of dedicated service to the City of Van Buren. Next, the following items were on the December 2021 consent agenda: • MINUTES OF THE REGULAR COUNCIL MEETING ON DECEMBER 27,2021. • ORGANIZATION OF GOVERNING BODY 14-43-501 • STREET CLOSURES: KING SCHOOL 5K RUN,TOTMA • RESOLUTION NO.01-01-2022-AMENDMENT TO PERSONNEL HANDBOOK • RESOLUTION NO.01-02-2022-CONTRACT WITH HAWKINS-WEIR-CAPITAL IMPROVEMENTS 2022 • FINANCIAL STATEMENTS • DEPARTMENT REPORTS: POLICE-FIRE-BUILDING DEPARTMENT-PUBLIC WORKS/PLANNING-AMBULANCE. Council Member Bell made a motion to approve the consent agenda. Council Member Osburn seconded the motion. Council members voted aye: six The following voted nay: none. j� II 3 RESOLUTION 01-01-2022 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.O/ - o/-2022 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING THE REVISED POLICY MANUAL GOVERNING CITY EMPLOYEES FOR THE CITY OF VAN BUREN, ARKANSAS, AND REPEALING THE EXISTING POLICY MANUAL;AND FOR OTHER PURPOSES. WHEREAS, it is necessary to update and revise the existing Employee Policy Manual for the City of Van Buren to conform to changes in law and policy;and WHEREAS, a copy of the revised section, 5.2.1 POLICE DEPARTMENT in Employee Policy Manual is attached hereto and all employees shall receive a copy of the revised policy manual page. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The revised Employee Policy Manual for the City of Van Buren,Arkansas,section 5.2.1 POLICE DEPARTMENT, attached hereto is hereby adopted and the existing Policy Manual dated June 22,2020 is hereby repealed. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass, approve,and adopt,by a vote of�, for and o against,the foregoing Resolution at its regular meeting held on the 241 day of January 2021. Jose H t Mayor ATTESTED: APPRO RM: Phflfls Thomas c City Clerk/Treasurer City Attorney i I 1 RESOLUTION 01-02-2022 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.or -oz -2022 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 CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas desires to make various improvements within the City to include streets,drainage,bridges and sidewalks;and WHEREAS, in order to commence the projects and to seek grant funding, the City is in need of professional engineering services for the development of plans and designs, cost estimates,and supervision for said projects. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A") with Hawkins-Weir Engineers, Inc. to provide engineering services for the development of preliminary engineering and designs,and cost estimates for the above listed projects. Payment for such engineering services shall not exceed$25,000.00 plus any applicable reimbursable expenses. IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did pass, approve,and adopt,by a vote of 6 for and O against,the foregoing Resolution at its regular meeting held on the 24th day of January 2022. oseP h P. ATTESTED: APPR O FORM: ��D1��rma2J Ph Ms Thomas Jacob H City Clerk/Treasurer City Attorney i i z ' I II ' December, 2021 Total Expenditures $2,581,790.77 (This includes a transfer of$450,000.00 from LOW fund to Reserve fund. This is an accrued credit from LOPFI) 1-12-2022 06:50 AM C I T Y O F V A N B U R E N PAGI TRIAL BALANCE 10 -General Fund AS OF: DECEMBER 31ST, 2021 **' MONTH TO DATE *** *** YEAR TO DATE *** ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS -------------------------------------------------------------------------------------------------------------- ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 97,924.31 1,296,99q 92 1020.01 Cash In Bank-Ins. Reimb. 0.00 26,568.97 1020.02 PD Uniforms 7,688.06 1,009.16 1020.03 Cash In Bank-ASP's&Walmart Gra 0.00 0.00 1020.04 Veterans' Memorial-Act 934 0.00 600.00 1020.05 2009 Byrne Recovery Grant 0.00 0.00 1020.06 2009 Byrne Grant 0.00 0.00 1020.07 2007 Byrne Grant 0.00 0.00 1020.08 Cash in Bank- Storm Damage 0.00 111,863.51 1020.09 District Cout Grant-Mediation 0.00 0.00 1020.10 Cash in Bank - HOC 0.00 0.00 1020.11 Cash in Bank-RVBB 0.00 3,500.00 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In Bank-ACT 833 33,017.73 294,015.02 1020.14 Court Automation-District 7,462.23 49,539.51 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 11,536.00 1020.18 Cash in Bank - PD Co Tax 7,970.93 477,385.95 1020.19 Cash in Bank - FD Co Tax 36,251.44 903,125.36 1020.20 Cash In Bank-Erosion Control 225.00 35,225.00 1020.21 Cash in Bank-CPAcademy 0.00 0.00 1020.22 Cash In Bank-PEG Grant 0.00 0.00 1020.27 Cash in Bank - Levee 0.00 .93 9,539 1020.28 Marina Repairs 0.00 .93 1020.29 Property Maintenance-Scrap 00 0.00 0.00 1020.30 Field of Dreams-Equipment 0.00 8,000.00 1020.31 Cash in Bank - Parks & Rec 0.00 3,393.14 1020.32 GIF 0.00 1020.33 Cash in Bank-Yard Waste 0.00 5,407.39 321,757,63 1020.34 Cash In BankPublic Facilities 0 0.0 00 1020.35 Cash In Bank-Jail 1,668.70 0 11668.70 1020.36 Cash in Bank-Property Cleanup 0.00 5,541.95 1020.37 Probation 1,376.56 73,414.32 1020.51 Cash in Bank - Cemetery 237.32 4,540.14 ' 1020.52 Cemetery-Donations 0.00 2,811.00 1020.60 Cash In Bank-Reserve 450,000.00 1,371,808.99 1020.80 Cash in Bank-EOH 3,058.17 332.44 1020.81 Cash In Bank-.50 Sales Tax 25,202.18 - 1020.91 Cash in Bank - Cap Imp 693,823.02 380,482.11 4,208,673.34 1040 Investments 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 0.00 I 1090.18 Investments - PD Co Tax 0.00 � 1040.19 Investments - FD Co Tax 0.00 ' 0.00 0.00 1040.27 Investments - Levee 0.00 j 0.00 1040.31 Investments - Parks & Rec 0.00 0.00 ' RESOLUTION 01-03-2022 On the agenda next was to consider A RESOLUTION AUTHORIZING PAYMENT FOR 911 NON-UNIFORMED EMPLOYEES. The Clerk read the Ordinance in its entirety. Mayor Hurst stated that this was due to the recent consolidation of the 911 system. Chief Hammond explained that he informed the dispatchers they would be losing their city jobs as of January 6, 2022. We enticed Mallory McAnulty and Jennifer Hammons with pay for accrued holiday and accrued sick days to stay with us until January 6th,which is when all dispatchers would be transferred to the Crawford County Dispatch Center. Mayor Hurst asked if there was any discussion. There was none. Council Member Bell seconded by Council Member Kneeland moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Council Member Bell, Dodson, Kneeland, Osburn, Petty and Wood. 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 01-03-2022 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.of -03-2022� BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK/TREASURER TO PAY OUT UNUSED SICK AND HOLIDAY TIME FOR CERTAIN NON-UNIFORMED EMPLOYEES OF THE CITY OF VAN BUREN. WHEREAS, according to the Employee Handbook Sections 5.2.3 and 5.4.3, non-uniformed employees are not eligible to be paid for unused sick and holiday time;and WHEREAS, due to extenuating circumstances with the recent consolidation of 911,it is the desire of the city to pay the following: Jennifer Hammons $2,040.43 Accrued Holiday $5,726.07 Accrued Sick Mallory McAnulty $1,137.57 Accrued Holiday $1,952.99 Accrued Sick NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to pay Jennifer Hammon and Mallory McAnuhy the amounts listed on Attachment"A!,. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of_4-for and against,the fo re oing Resolution at its regular gularmeeting held on the 241 day of January 2022. seph { li ATTESTED: APPROVED AS TO FORM: 1 Phyllis Thomas owell City Clerk/Treasurer City Attorney z. ORDINANCE 01-2022 On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR,AND PURCHASE OF COMPUTER EQUIPMENT FROM K AND S COMPUTING; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Dodson moved that the rules be suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member Kneeland. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Wood moved that the rules be further suspended, and the Ordinance was placed on the third and final reading. The motion was seconded by Council Member Dodson. The Council followed with a unammous vote. The Clerk then read the Ordinance the third and final time. Chief Hammond explained the old computers at the Police Department are being upgraded to Windows 10 in order to be compatible with the new computer system. . The Mayor asked if there was any discussion. There was none. Motion was made by Council Member Wood and seconded by Council Member Bell to adopt the Or ' ance as amended. On the Clerk's calling the roll, the following vote resulted: AYES—Council Member Bel[, Dodson, Kneeland, Osbum, Petty and Wood. NAYS —None. The Mayor declared the motion carried as there were six(6) AYES and zero (0)NAYS. Motion was made by Council Member Kneeland and seconded by Council Member Dodson that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: AYES —Council Member Bell, Dodson, Kneeland, Osburn, Petty and Wood. NAYS —None. 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 01-2022 I ORDINANCE NO. 01-2022 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.01 -2022 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 COMPUTER EQUIPMENT FROM K AND S COMPUTING;FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of certain police department computer equipment for the safety of life and protection of property in the City of Van Buren;and WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined that the purchase of this equipment from K and S Computing would be the most practical, feasible,and cost effective method for the department;and WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(b)(2)(B),that exceptional circumstances exist which render the competitive bidding process impractical and unfeasible. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Police Department of the City of Van Buren,Arkansas,has an immediate need to purchase computer equipment for the total sum of$24,745.13. SECTION 2: The purchase of said equipment from K and S Computing for the total sum of $24,745.13,is necessary to protect the life and safety of Van Buren citizens. SECTION3: The City Council, pursuant with A.C.A. § 14-58-303(b)(2)(B) hereby waives the requirement of competitive bidding and directs the Mayor to purchase the above described equipment for the price set forth in Section 2 above. SECTION 4: Due to the immediate need to best serve, rotect,and reserve the public heal safe P P P �. ty, and welfare of the citizens of the City of Van Buren,an emergency is declared to exist and this ordinance shall take effect from and after its passage and approval. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of 14 for and b against,the foregoing Ordinance at its regular meeting held on the 241"day Of January 2022. II � oseph .I t ATTESTED: ROVED A Ph lhs Thomas acob Howell City Clerk/Treasurer City Attorney t ORDINANCE 02-2022 On the agenda next was to consider AN ORDINANCE SETTING THE SALARIES OF THE YOR, CITY CLERK-TREASURER AND CITY ATTORNEY; DECLARING AN EMERGENCY; FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Council Member Osburn moved that the rules be suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member Bell. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Osburn moved that the rules be further suspended, and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Bell. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Council Member Wood stated that this was an oversight when city employees were given their raise. Council Member Petty stated that he thought we had to declare an ordinance for salary increases for the Mayor, City Clerk and City Attorney. City Attorney Jacob Howell agreed. The Mayor asked if there was any discussion. There was none. Motion-was made by Council Member Bell 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 Bell, Dodson, Kneeland, Osbum, Petty and Wood. NAYS—None. The Mayor declared the motion carried as there were six(6) AYES and zero (0)NAYS. Motion was made by Council Member Kneeland and seconded by Council Member Osburn that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: AYES—Council Member Bell, Dodson, Kneeland, Osburn, Petty and Wood. NAYS—None. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Cit Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 02-2022 I I 1 ORDI 2 ORDINANCE N0. 02-202 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.0 L-2022 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED. AN ORDINANCE SETTING THE SALARIES OF THE MAYOR, CITY CLERK-TREASURER AND CITY ATTORNEY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Van Buren City Council desires to grant salary increases for the Mayor,City Clerk- Treasurer and City Attorney, which would be reflected on the city payroll period of January 16,2022,through January 31,2022. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION l: Beginning on the payroll period of January 16,2022,through January 31,2022,the annual salaries for the Mayor,City Clerk-Treasurer and City Attorney shall be as follows: MAYOR $90,300.00 CITY CLERK-TREASURER $61,950.00 CITY ATTORNEY $14,500.00 SECTION 2: It is further found that due to the need to process the payroll an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety, and welfare,it shall take effect from and after its passage and approval. IN WITNESS WHEREOF, the City of Van Buren,Arkansas, by its City Council, did pass, approve, and adopt, by a vote of t+ for and U against,the foregoing Ordinance at its regular meeting held on the 201 day of January 2022. seph P. st May ATTESTED: �I Phy$is Thomas Jaco j City Clerk/Treasurer City Attorney i t I ORDINANCE 03-2022 On the agenda next was to consider AN ORDINANCE REFERRING A CHANGE IN THE TERM OF CITY COUNCIL MEMBERS TO THE VOTERS The Clerk read the Ordinance in its entirety. Council Member Wood moved that the rules be suspended, and the Ordinance be placed on its second reading. The motion was seconded by Council Member Dodson. The Council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Council Member Wood moved that the rules be further suspended, and the Ordinance placed on the third and final reading. The motion was seconded by Council Member Dodson. The Council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. Mayor Hurst stated that this proposal would better provide for the continuity of government operations. Van Buren City Attorney Jacob Howell stated that this will only implement change for council members from a two-year term to a four-year term, which will be staggered so that all council members terms will not come up for election at the same time. Council members are referring this ordinance to the voters. Council Member Petty stated that this was not meant to be self-serving, since he is the one that brought this up. The Mayor asked if there was any discussion. There was none. Motion was made by Council Member Petty and seconded by Council Member Kneeland to adopt the Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: AYES—Council Member Bel, Dodson, Kneeland, Osburn, Petty and Wood. NAYS —None. The Mayor declared the motion carried as there were six (6) AYES and zero (0)NAYS.. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Citr Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 03-2022 I ORDINANCE 03-2022 CONTINUED CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.03 -2022 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE REFERRING A CHANGE IN THE TERM OF CITY COUNCIL MEMBERS TO THE VOTERS. WHEREAS, the Council Members of the City of Van Buren are presently elected to two(2)year terms;and WHEREAS, it is believed that the City would be best served if said terms were extended from two(2)year terms to four(4)year terms;and WHEREAS, it is believed the City would be best served if the terms of the Council Members were staggered so that every Council Member would not come up for election at the same time;and WHEREAS, Arkansas Code Annotated 14-43-312 sets forth the process for extending the terms from two(2)years to four(4)years. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Pursuant to Arkansas Code Annotated 1443-312,the City Council of Van Buren, Arkansas is hereby referring the issue of extending and staggering the terms of City Council Members from two(2)years to four(4)years to the voters of the City. SECTION 2: Upon approval from voters,Position Number One of each ward would be elected to a four(4)year term at the election to be held in 2024. Position Number Two of each ward would be elected to an additional two(2)year term at the election to be held in 2024. SECTION 3: Upon approval from voters,Position Number Two of each ward would be elected to a four(4)year term at the election to be held in 2026. SECTION 4: If any provision of this Ordinance is held invalid,only the invalid provision should be rendered void. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council did pass,approve,and adopt,by vote of_for and U against,the foregoing Ordinance at its regular meeting held on the 24"day of January 2022. Hurst Mayor ATTESTED: ZP TO FORM: Phy h�mas we11 City Clerk/Treasurer City Attorney t I I x Next on the agenda was Miscellaneous and General Discussion Almost Home Animal Rescue and Shelter—Connie Martin Connie Martin gave a quarterly update on the shelter. She stated that they are hoping to have a spay, neuter and micro chip event this year, which will help locate owners and possible cut down on the number of puppies and kittens. Connie Martin said that they still need volunteers to help with walking the dogs, cleaning cages and other various items. We have a problem finding consistent help. Our volunteers put in over 20,000 volunteer hours last year at the shelter. Connie Martin had asked the Council for a full-time employee but stated they will wait due to the state of everything. She requested the help from the Council of$20,000.00 for 2022. Council Members Kneeland and Bell thought it was put in the 2022 Budget. Mayor Hurst stated that we will have a report on the Downtown Streetscape in February from Wally Bailey, Planning Director. i { I III, i ' k There being no further business, motion was made by Council Member Bell and seconded by Council Member Osburn to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:09 p.m. ATTESTED: APPROV D• CI Y CLE -TREASURER Mn j s gg 8 I II r,