Police, Fire & Animal Control Committees

 Stan Williams - Chair 

Sandra Brand
Greg Baker

Staff      

Chief Collins
Chief Fleming
Jane Stanford

PUBLIC MEETING RULES: These committee meetings fall under requirements of city council public meetings. The chairman should provide Stacey with the meeting agenda so Stacey can fax the proper public notice/agenda to the press. Stacey will see that the meeting is posted on the city’s website. Stacey will make available a recording device, such as a tape recorder, backup batteries and blank cassette tape for the meeting. The chairman is responsible to record the meeting. Afterwards, the chairman should write the date and committee name on the cassette tape and give the tape to Stacey. If the chairman wants the committee’s staff member(s) available, and the meeting is during regular business hours, please contact the mayor to make arrangements.   

Details

Category: Commitees & Commissions

Finance & Purchasing Committees

Linda Watson - Chair

Tyler Dungan
Gary Cooper

Staff 

Melissa Brothers
Don Lindsey

PUBLIC MEETING RULES: These committee meetings fall under requirements of city council public meetings. The chairman should provide Stacey with the meeting agenda so Stacey can fax the proper public notice/agenda to the press. Stacey will see that the meeting is posted on the city’s website. Stacey will make available a recording device, such as a tape recorder, backup batteries and blank cassette tape for the meeting. The chairman is responsible to record the meeting. Afterwards, the chairman should write the date and committee name on the cassette tape and give the tape to Stacey. If the chairman wants the committee’s staff member(s) available, and the meeting is during regular business hours, please contact the mayor to make arrangements.   

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Category: Commitees & Commissions

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BYLAWS FOR THE
OSCEOLA LAND BANK COMMISSION

ARTICLE I.

NAME.  The name of this organization shall be the Osceola Land Bank Commission (the “Commission”).

ARTICLE II.

PURPOSE.

The purpose of the Commission is to reverse urban blight, increase home ownership and the stability of property values, provide affordable housing, improve the health and safety of neighborhoods within the City of Osceola (the “City”), and maintain the architectural fabric of the community. 

ARTICLE III.

MEMBERSHIP.

Section 1.     The Commission shall consist of nine (9) qualified persons to be appointed by the Mayor, subject to confirmation by City Council.  The Commissioners shall hold the qualifications prescribed in the ordinance which created the Commission, Osceola Ordinance  2019-________

Section 2.     The Commissioners shall have terms of four (4) years, except that the initial members shall have staggered terms to be decided by drawing lots.  Five (5) members shall have four (4) year terms, and four (4) members shall have two (2) year terms.  A Commissioner shall serve until his or her successor is selected.  Commissioners shall be limited to the number of consecutive terms that can be served as set forth in City ordinances, resolution or policy statements.  

Section 3.     Vacancies shall be filled by the Mayor, subject to confirmation by the City Council.

Section 4.     When a member of the Commission has missed 25% of all regular meetings in one (1) calendar year or (3) consecutive regularly scheduled meetings, this will be considered nonfeasance and are subject to removal from the Commission and replaced by appointment according to Section 3.

ARTICLE IV.

MEETINGS.

Section 1.     Regular meetings of the Commission shall be held at least monthly at a place and time set by the Commission in the City Hall meeting room, or such other place as designated by the Commission.

Section 2.     Special meetings of the Commission may be called by the Chair, or in the absence of the Chair, by the Vice-Chair, or upon written request of five (5) or more Commissioners.  Notice of a special meeting, shall be given as prescribed by the Arkansas Freedom of Information Act (“FOIA”).

Section 3.     An agenda for each regularly scheduled meeting and the minutes of the last meeting shall be sent to each Commission member in advance of the meeting.  The Chair shall approve the agenda for each meeting and additional items may be proposed by any member of the Commission.  The agenda should consist of the following topics:

• Roll Call
• Finding of a quorum
• Approval of minutes of previous meeting
• Citizen communication (limited to 3 minutes per person, with a maximum of 21 minutes

    allowed for citizen communication)

• Old Business
• New Business
• Adjournment

Section 4.     The Commission shall act as a body in making its decisions and announcing them.  No Member other than the Chair shall speak or act for the Commission without prior authorization.

Section 5.     All meetings of the Commission shall be open to the public, and notice of these meetings shall be provided in compliance with FOIA and state statute.

Section 6.     A record of the proceedings of the Commission shall be maintained per state statute.

ARTICLE V.

OFFICERS.

Section 1.     The officers of the Commission shall consist of a Chair, Vice-Chair and Secretary.  The Chair and Vice-Chair shall be elected by the Commission.  The Secretary shall be the Mayor or his/her designated representative who shall serve in an ex-officio capacity.

Section 2.     Terms of officers shall be for two (years) and officers may succeed themselves.

Section 3.     The duties of the officers shall be as follows:

CHAIR.           The Chair shall preside over all meetings and is responsible for establishing the monthly meeting agenda.  The Chair shall have the authority to call special meetings provided the proper notices

are given.  The Chair shall appoint the members of all committees and is considered an ex-officio member of all committees.  The Chair shall sign all approved minutes and, when authorized, other documents on behalf of the Commission. 

VICE-CHAIR.  In the event of the absence of the Chair, the Vice-Chair shall assume the duties of the Chair.

SECRETARY.        The Secretary shall keep accurate records of all proceeding of the Commission.  Minutes of all Commission meetings shall be promptly recorded and maintained and shall be open for public inspection.  The Secretary shall keep an accurate record of attendance.  The Secretary shall also be responsible for:

• Preparing routine correspondence
• Maintaining the files of the Commission
• Keeping track of the current membership of the Commission and the terms of office of the  

    individual members

• Maintaining a record of the organization of the Commission and its staff.
• At the direction of the Chair, prepare the agenda of items to be considered at meetings of the  

           Commission.

• Attesting documents of the Commission.

ARTICLE VI.

DUTIES AND POWERS.

The Commission shall have all the duties, powers and authority provided for in ORD-2019-_____.

ARTICLE VII.

COMMITTEES.

The Commission may establish standing and special committees as deemed necessary and appropriate.  Standing committees shall be composed of two (2) or more Commissioners, but less than a quorum of the full Commission, and shall hold membership for one (1) year or until succeeded.  Special committees shall be dissolved when the particular function with which the special committee was charged has been completed.   No special committee shall exist for period of more than twelve (12) consecutive months, except by the direction of the full Commission.  The Chair also has the discretion to create subcommittees to assist standing and special committees with specific projects or functions.  The subcommittees would consist of private citizens appointed by the Chair, with the advice and counsel of the full Commission, who are determined to possess expertise in an area that would be of benefit to a standing or special committee  These subcommittees shall be dissolved upon completion off their work, as determined by the Chair, with the advice and counsel of the full Commission,  All committees are advisory in nature and do not have the authority to make final decisions on Commission policy regarding any Commission business.  Such decisions are reserved for the Commission itself and must be considered at a regular or special meeting.

ARTICLE VIII.

LAND BANK REDEVELOPMENT PLAN.

As required by ORD-2019-____, the Commission hereby adopts its Land Bank Redevelopment Plan:

The Commission shall focus its limited resources on those target areas of the City that show significant signs of decline with the objective of achieving a concentration of revitalization and stabilized or improved property values that will spur private investment in surrounding areas.  Signs of decline could be, for example the highest concentrations of vacant structures, the most criminal activity, the highest poverty rates, the least owner occupied housing or the least capacity for self-revitalization.

In the selected target areas, the Commission may:

1. Seek to acquire individual or contiguous groups of properties, strategically located in the general vicinity of established public or private institutions.

2. Attempt to clear title on all parcels it acquires.

3. With respect to its parcels and the surrounding neighborhoods, advocate for actions that will help stabilize or enhance property values, such as seeking an affordable method for cleaning titles on parcels owned by others; requesting that City Council and departments demolish unsafe and, vacant structures make street repairs as well as sidewalk and drainage improvements; concentrate code enforcement; concentrate federal Community Development Block Grants (CDBG) and HOME Funds: and USDA Rural Development Grants.

4. Offer its parcel individually or in groups as it may determine is in the best interests of the neighborhood and in a manner consistent with Land Bank Priorities and Policies.

ARTICLE IX.

AMENDMENTS OF BLYLAWS.   These bylaws may be amended at any regular business, meeting of the Commission by a two-thirds vote of the entire membership of the Commission, provided the amendment has been submitted in writing at the previous regular business meeting, and shall become effective when approved by the Osceola City Council.

ATTEST:

Secretary:  _______________________________         Chair:  __________________________________

Approved this _____th day of _______, 2019, by the Osceola Land Bank Commission.

Details

Category: Osceola Land Bank Commission

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Osceola Land Bank Commission
PRIORITIES AND POLICIES
FOR
PROPERTY ACQUISITION AND DISPOSITION

As approved by the Osceola City Council on:   XXXXXXX

Section & Contents

1. Policies Governing the Acquisition of Properties
2. Priorities Concerning the Disposition of Properties
3. Factors in Determining Consideration Due Upon Transfers
4. Side Lot Disposition Program
5. Land Transfers
6. Donation Policy

The acquisition and disposition of properties acquired by the Osceola Land Bank Commission (the “Commission”) shall be guided by the following these basic Priorities and Policies.  These Priorities and Policies also establish procedures for City staff (the “Staff”) to administer applications for acquisition and disposition of Commission properties.  Any applicant who applies for acquisition of Commission property and has their application denied by Staff may appeal the denial to the Commission by submitting, within thirty (30) days of notice from Staff to the applicant of the denial of their application, a letter stating their desire to appeal Staff’s decision to the Commission Board.

The acquisition, use, and disposition of such properties shall at all times be consistent with the authority granted by the Constitution of Arkansas, the laws of the State of Arkansas, the Ordinance XXXXX, the bylaws of the Commission, and the public purposes set forth therein.  If there is any conflict between XXXXXX, the bylaws of the Commission and these Priorities and Policies then these Priorities and Policies shall be interpreted in such a way that they do not limit or restrict the authority of the Commission.  These Policies and Procedures are guidelines to be followed by City Staff. 

1. Policies Governing the Acquisition of Properties

In determining which, if any, properties shall be acquired by the Commission, the Commission shall give priority to properties located in focus neighborhoods, as determined by the Commission, and shall give consideration to the following factors:

1. Proposals and requests by nonprofit corporations that identify specific properties for ultimate acquisition and redevelopment.

2. Properties that are subject to a City lien for code violations, and can be foreclosed on by the city.

3. Proposals and requests by governmental entities that identify specific properties for ultimate use and redevelopment.

4. Proposals and request by private developers that identify specific properties for acquisition and redevelopment.

5. Input from citizens and neighborhoods.

6. Properties that are considered vacant and abandoned property.

7. Properties that are delinquent on their ad-valorem real property taxes.

8. Properties that are environmentally contaminated where funds have been secured for the cleanup and reuse of the property

9. Properties that are available through donation by a private owner.

10. Properties that are bank-foreclosed.

11. Properties that would allow for the creation or expansion of green space.

12. Improved properties that are the subject of an existing City Council order for demolition of the improvements and properties that meet the criteria for demolition of improvements.

13. Non-conforming, undevelopable vacant properties for which the best use would be to place the property into the Side lot Disposition Program.

14. Properties that would form a part of a contiguous or scattered land assemblage development plan.

15. Properties that will result in planned development that benefits the community.

2. Priorities Concerning the Disposition of Properties

The disposition of properties shall be based upon a combination of three factors.  The first factor involves the intended or planned use of the property.  The second factor considers the nature and identity of the transferee of the property.  The third factor addresses the impact of the property transfer on the short-and long-term neighborhood and community development plans.  The priorities in each factor are not in any particular rank or order. 

The disposition of any given parcel will be based upon an assessment of the most efficient and effective way to maximize the benefit to the community.  The Commission and Staff shall at all times retain flexibility in evaluating the appropriate balancing of the priorities for the use of property, priorities as to the nature of the transferee of properties, and priorities concerning neighborhood and community development. 

Priorities for Use of Property

1. Develop affordable housing

2. Support homeownership

3. Market rate housing development

4. Social service providers

5. Side lots

6. Development of public green spaces (parks and gardens)

7. Retail development

8. Multi-family rental development

9. Multi-family rental development

10. Tax-exempt institutions

11. Development of rental housing

12. Public uses and buildings

13. Planned Unit Development (ownership)

14. Historic preservation

Priorities as to the Nature of the Transferee

1. Individual homeowners

2. Non-profit developers

3. Educational institutions

4. Government

5. Tax-exempt institutions

6. For-profit residential developers

7. Multi-lot developers

8. Corporations, business, retail, etc.

9. Side lot candidates

3. Factors in Determining Consideration due Upon Transfer

The following factors shall constitute general guidelines for determination of the consideration to be received by the Commission for the transfer of properties.  In each and every transfer of real property, the Commission shall require good and valuable consideration in an amount determined by the Commission in its sole discretion on a case-by-case basis, but subject to the minimum price stated below.  The Commission will consider both the fair market value of the property and the property costs in its determination of consideration for each property.  “Property Costs” shall mean the aggregate costs and expenses of the Commission attributable to the specific property in question, including costs of acquisition, maintenance, repair, demolition, marketing of the property and indirect costs of the operations of the Commission allocable to the property. 

1)  Consideration shall be established at a level between the Property Costs and fair market value of the property.

2)  The consideration to be provided by the transferee to the Commission may take the form of cash, deferred financing, performance of contractual obligations, imposition of restrictive covenants, or other obligations and responsibilities of the transferee, or any combination thereof.  At no time shall property be conveyed for less than $1,000 or as determined by the Commission. 

4. Side Lot Disposition Program

Individual parcels of property may be acquired by the Commission and transferred to individuals in accordance with the following policies.  The transfer of any given parcel of property in the Side Lot Disposition Program is subject to override by higher priorities as established by the Commission on a case-by-case basis. 

1. Side Lot Disposition Policies
2. Qualified Residential Properties.  Parcels of property eligible for inclusion in the Side Lot  

      Disposition Program shall meet the following minimum criteria (a “Side Lot”):

1. The property shall be vacant unimproved real property.
2. The property shall be physically contiguous on one side lot line to another owned by transferee (left or right).
3. The Side Lot property shall have characteristics which make redevelopment as single family housing unfeasible (such as lot size or topography).
4. No more than one lot may be transferred per contiguous lot.
5. Intended use for lot is disclosed.
6. The transfer shall include a deed restriction requiring the use of the property to be consistent with the stated use.
7. Transferees
8. All transferees must hold title and occupy the contiguous property.

1. The transferee must not own any real property (including both the contiguous lot and all other property in Osceola) that is subject to any unremediated citation of violation of the State or local codes and ordinances.

1. The transferee must not own any real property (including bot the contiguous lot and all other property in Osceola) that is tax delinquent.

1. The transferee shall not have been the prior owner of any real property that has been forfeited for unpaid taxes within the past 3 years, as an individual or an entity, without prior approval of the City Council at its sole discretion.

3. Pricing
4. Properties sold as a side lot to an adjacent owner shall be priced at not less than $1,000 plus any applicable fees.
5. Additional Requirements

1. In the event that multiple adjacent property owners desire to acquire the same side lot, the lot shall be transferred to the highest bidder for the property, based on sealed bids, open publicly, at a stated time and place.

5. Land Transfers

1. Land Transfer Policies

These policies pertain to transfers whose future use is residential.  At time of transfer the property may be vacant, improved or ready to occupy. 

1. The transferee must not own any real property that has any unremediated citation of violation of the State or local codes and ordinances.

2. The transferee must not own any real property that is tax delinquent

3. The transferee shall not have forfeited title to property due to nonpayment of taxes within the past 3 years, as an individual or as an entity, without prior approval of the Commission in its sole discretion.

4. Transactions shall be structured in a manner that permits the City of Osceola to enforce recorded covenants or conditions upon title pertaining to development and use of the property for a specified period of time.

5. The proposed use must be consistent with current zoning requirements. The Commission may grant an applicant permission to seek rezoning from the Osceola Planning Commission.

6. Where rehabilitation or development of a property by the transferee is a condition of the transfer, the requirement for such development or rehabilitation shall be in accordance with the transfer agreement and adequate completion of such development or rehabilitation shall be a condition to the release of restrictions or lien securing such performance.

7. The Commission may grant an option to purchase property to a potential transferee. Options to purchase more than 3 properties by a single purchaser within one calendar year must be approved by the Commission. 

8. The proposed use of the property must comply with any neighborhood redevelopment plan adopted by the City of Osceola that applies to the property.

9. To the extent possible, the proposed purchaser shall provide evidence that they have consulted with any neighborhood organization in the area and solicited comment on the planned use of the property.

10. All applicants must be residents of the City of Osceola or have a principle place of business in the City of Osceola. If the applicant does not meet this requirement, applicant may make an application to the Commission to seek an exception.

11. The purchaser of any property from the Commission must also comply with any applicable restrictions on the use of the property resulting from federal, state, or local programs in which the City participates (e.g. Community Development Block Grants).

6. Donations

1. Donated Property Policies

1. Properties with adverse environmental conditions will not be accepted without a satisfactory, funded plan for remediation approved by the Commission which meets the standards set by the Arkansas Department of Environmental Quality (ADEQ).

2. Properties with immediate maintenance requirements will not be accepted without a funding source secured for such maintenance.

3. The Commission will not determine donation value for the purpose of tax benefits, but will provide a letter describing the property donated.

4. The Commission shall have the right to refuse to accept any property offered for donation.

1. Donated Property Procedures

1. Donor of property, if requested, will place the deed to property in escrow while Commission determines the feasibility of accepting ownership of the property.

2. Staff will complete a comprehensive analysis of the property to be donated which will include the following information:

1. Determine the fair market value of the property.
2. Determine if there are any environmental concerns.
3. Determine if there are any outstanding liens or title issues (title search).
4. Determine the initial maintenance cost (boarding, demolition, mowing, etc…)
5. Determine any on-going maintenance costs.
6. Determine the condition of the surrounding neighborhood.

3. Staff will present the report to the full Commission for approval.

Details

Category: Osceola Land Bank Commission