12 December 2009 Special MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD DECEMBER 28, 2009
A special called meeting ofthe City Council ofthe City of Van Buren, Arkansas met at
5:30 p.m., on Monday. December 28. 2009 at City Hall. The meeting was called to order by
Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. City Clerk- Treasurer Barbie Curtis was also present. City Attorney Donald Jenkins was absent.
This made a total of eight (8) present. A quorum was declared.
A public hearing by Rusty Meyers was held before the meeting started on what some of the
priorities are for the City of Van Buren. The creation of new jobs was mentioned as well as the
completion of projects such as the Library, Rena Road and street improvement and drainage. The public
hearing concluded at 5:35 pm.
The Mayor ordered spread upon the minutes, the `NOTICE OF SPECIAL MEETING
AND WAIVER OF REGULAR 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 5:30 P.M.on Monday,
December 28, 2009, for the following purpose:
1. ACEDP Grant Discussion.
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BO. FRE1Z�'��
CERTIFICATE OF SERVICE OF NOTICE
I. Barbie Curtis, the duly appointed City Clerk Treasurer of the City of Van Buren,
Arkansas, DO HEREBY CERTIFY, that on the 28 day of December, 2009, 1 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. i.
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.
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460
Next on the agenda. Mayor Freeman introduced Carl Sorrell. There was a press release
today from the Fort Smith Chamber of Commerce regarding Oxane Materials Inc. coming to
Van Buren. Mr. Sorrell said that they are very pleased to be coming to Van Buren. They will be
producing ceramic proppants for the Natural Gas and Oil drilling industries. This is clean
technology, and they will not be using the same techniques as Saint Gobain in Fort Smith.
Production will begin the summer of 2010 and will increase through 2014.
On the agenda next was to consider A RESOLUTION APPROVING WESTERN
ARKANSAS PLANNING AND DEVELOPMENT DISTRICT AS PROJECT
ADMINISTRATOR FOR THE ACEDP GRANT. The City Clerk read the Resolution in its
entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. 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 12 -8 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. la- s? -2009
A RESOLUTION APPROVING WESTERN ARKANSAS PLANNING AND
DEVELOPMENT DISTRICT AS PROJECT ADMINISTRATOR FOR THE
ACEDP GRANT.
WHEREAS, the City of Van Buren, Arkansas will be awarded an Arkansas
Community and Economic Development Program (ACEDP) Grant; and
WHEREAS, the City of Van Buren, Arkansas, recognizes the need for assistance in
administering the ACEDP Grant in compliance with the Arkansas Economic
Development Commission's regulations and Federal, State and Local law; and
WIIEREAS, the City of Van Buren has a long- standing relationship with the
Western Arkansas Planning and Development District and feels that it will administer the
above referenced project competently:
NOW, THEREFORE, BE, IT RESOLVED that the City Council hereby authorizes
the Mayor to designate the Western Arkansas Planning and Development District, Inc. as
the project administrator for the ACEDP grant, subject to Arkansas Economic
Development Commission's approval, and enter into a contract for ACEDP
Administrative Services with such agency for project administrative services once the
project has been awarded.
PASSED AND APPROVED THIS ovb DAY OF DECEMBER, 2009.
OP I
M O
ATTESTED:
CITY CLERK TREASURER
On the agenda next was to consider A RESOLUTION ESTABLISHING A POLICY
PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT
AGENCIES WITHIN THE APPLICANT'S JURISDICTION AGAINST INDIVIDUALS
ENGAGED IN NON VIOLENT CIVIL RIGHTS DEMONSTRATIONS AS A
CONDITION OF ARKANSAS COMMUNITY AND ECONOMIC DEVELOPMENT
PROGRAM. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there
was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved
that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim. Parker, Moore Ragsdale, Dodd. and Sagely. 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 12 -9 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION N0. 11-1 -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CIT's OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ES'FABLISIDNG A POLICY PROHIBITING
THE USEOFEXCESSIVE FORCE BY LAW ENFORCEMENT
AGENCIES WITHIN THE APPLICANT'S JURISDICTION
AGAINST INDIVIDUALS ENGAGED IN NON VIOLENT
CIVIL RIG DEMONSTRATIONS AS A CONDITION OF
ARKANSAS COJIJIUNITY AND ECONOMIC
DEVF.LOPNIENT PROGRAM.
WHEREAS, the City of Van Buren is applying for Arkansas Community and Economic
Development Program funding; and
WHEREAS, as required by the HOUSLNG AND COMMUNITY DEVELOPMENT ACT OF
1974, as amended, it shall be the policy of the City of Van Buren to ensure that the
following affirmations are true:
1. The City has adopted and is enforcing this policy prohibiting the use of
excessive force by law enforcement agencies within is jurisdiction against
any individuals engaged in non violent civil rights demonstrations.
2. The City will ensure that all law enforcement agencies within its jurisdiction
will enforce all applicable State and local laws against physically barring
entrance to, or exit from, a facility or location, which is the subject of such
non-violent civil rights demonstrations within its jurisdiction.
3. In response to n .olent civil rights demonstrations, the City will be
mindful and protective of the rights of all participants in such demonstrations,
as well as any onlookers, bystanders, or any other persons located in the
vicinity
or owning property in the vicinity.
4. In connection with such demonstrations, the use of force shall be permitted
only when necessary to protect the rights of individuals or to uphold the law.
In no event shall the use of force in excess of that necessary to achieve the
lawful goals of the City be permitted.
NOW. THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1, The City Council hereby declares that consistent with the goals and objectives of
activities assisted under the Act, as amended, the City of Van Buren will adopt and
enforce the policy contained herein.
IN TESTLMONY WHEREOF, the City' of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and I a_.'nst, the foregoing Resolution at its
Meeting held on the 28'" day of December 2009.
ATTESTED:
Barbie Curtis, City ClerkQreasurer
On the agenda next was to consider A RESOLUTION ADOPTING AN ANTI
DISPLACEMENT PLAN AS PART OF THE CITY'S APPLICATION TO THE STATE
OF ARKANSAS FOR AN ARKANSAS COMMUNITY AND ECONOMIC
DEVELOPMENT GRANT; AND FOR OTHER PURPOSES. The City Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On
the Clerk's calling the roll, the following vote resulted: Ayes Aldennan Swaim, Parker,
Moore. Ragsdale. Dodd. and Sagely. 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 12 -10 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I ts- 10 2o oq_
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENITTLED:
A RESOLUTION ADOPTING AN ANTI-DISPLACEMENT PLAN
AS PART OF THE CRY'S APPLICATION TO THE STATE OF
ARKANSAS FOR AN ARKANSAS C0M2.IUNITY AND
ECONOMIC DEVELOPMENT GRANT; AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren seeks to replace all occupied and vacant occupiable low and
moderate- income dwellings demolished or convened to a use other than as
low /moderate- income housing as a direct result of activities assisted with funds
provided under the IIOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974, as amended, and described in 24 CFR 570.606(bx I). All replacement housing
will be provided within three years of the commencement of the demolition or
rehabilitation relating to conversion; and
WHEREAS. The City of Van Buren will as part of this program provide relocation assistance as
described in 570.606(6)(2), to each low /moderate income household displaced by
demolition or be the conversion of a low /moderate- income dwelling to another use
as a direct result of assisted activities; and
If any such project will involve the demolition or conversion of low or moderate
dwelling units, the following will be provided:
I. The general location on a map and approximate number of dwelling units by
size (number of bedrooms) that will be demolished or converted to a use
other than law /moderate- income dwelling units as a direct result of the
assisted activity; and
2. A time schedule for commencement and completion of the demolition or
conversion; and
3. The general location on a map and approximate number of dwelling units by
size (number of bedrooms) that will be provided as replacement dwelling
units; and
4. The source of funding and' a time schedule for the provision of replacement
dwelling units; and
5. The basis for concluding that each replacement dwelling will remain a
low /moderate income dwelling unit for at least 10 years from the date of
initial occupancy.
NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCILOI VAN BUREN,
ARKANSAS:
SECTION I. That consistent with the goals and objectives of activities assisted under the Act, as
amended, the City of Van Buren will make every effon to minimize thedisplacement
of persons from homes.
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
meeting held on the Tg dnva _ke tmho p 200
Robert D. f reeman, Mawr
ATTESTED: /nO,
Barbie Curtis, City Clerk/Treasurer
There being no further business. motion was made by Alderman Parker seconded by
Alderman Moore to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 5:50 p.m.
ATTESTED: —y� APP VED:
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CITY CLERK TREASURER MAYOR