MINUTES OF THE REGULAR MEETING
OF THE OZARK CITY COUNCIL

February 13, 2023
Ozark City Council Meeting Room

The Regular Meeting was called to order by Mayor Hall and upon roll call, a quorum was declared to exist for the meeting. Present were Alderpersons Angela Harris, Argest Hyler, David Mahon, Loren Maier, Randy Melton, and Charlie Meeker. Also present were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, and Treasurer/Deputy City Clerk Marla Ward. Rev. Jim McElhaney led the Invocation. The Pledge of Allegiance was led by members of Girl Scout Troop 4510.

A motion was made by David Mahon to approve the January minutes and seconded by Argest Hyler. Upon a roll call vote, all Alderpersons voted aye and the minutes were approved. A motion was then made by Randy Melton to approve the financial reports and seconded by David Mahon. Upon a roll call vote, all Alderpersons voted aye and the financial reports were approved.

Tonya Talkington reported that a fire hydrant was installed on a 6″ line on N 2nd Street. A valve was installed on an 8″ water line on Highway 23 North for improved system control and maintenance. A stop work order was issued on the Sodium Hypochlorite project due to equipment lead time in excess of 12 weeks (April). Work will resume once chemical pumps and tanks are delivered. The Community Center reports that every weekend in January and February is booked. There was an invitation on February 14th to stop by and tell us what you love about the Ozark Community Center to receive 20% off a Membership. Spring Break activities are being planned for March. The Fire Department reports that two new members have been added. Pre-Planning and training exercises on rope rescues have been completed. Annual Commercial Building Inspections have begun. Police Chief Devin Bramlett reports that there were 96 reports,
7 accident reports, 91 traffic citations, 195 traffic warnings, 3 ordinance tickets, 7 felony arrests, 38 misdemeanor arrests, 25 warrants served, and 38 subpoenas served. We have hired the following police officers: Brayden English, who graduated from the Arkansas Law Enforcement Academy in December 2022 and was employed with the Franklin County Sheriff’ s Office. Zachary Sloan was employed at the Franklin County Jail. He will be attending the Arkansas Law
Enforcement Academy this spring. Dakota Hutson graduated from the Arkansas Law Enforcement Academy in November 2022 and was employed with Fort Chaffee Police Department. We are still in the process of hiring a Code Enforcement Officer. The Street Department Head Michael Brasseaux reports installation of a new guard rail post on Spring Street. The rotten wood post was replaced with a steel post. Ditch clean- outs have begun on 2nd Street, and they have begun work on the flooding problem on School Street. David Mahon then asked how these reports run. Are they for the last month or current projects? Is this a report of everything that they have worked on? Michael replied no, that a lot of the time one project leads to another when dealing with ditches and drains and there are always many cemetery projects that come up. The guard rail project was hampered by having to work around the water lines. Randy Melton praised the Street Department employees and stated that there is much more work being done that is not individually listed on the report. Mayor Hall stated that before Covid, each Department Head was present at Council meetings to give their reports and asked if the Council would like to go back to that type of presentation. It was agreed that the Council would just like a more detailed report. There is a Street/Water Committee meeting in March and David Mahon said they would discuss it then.

Old Business: The Kimbrough Building at 218 W. Commercial. This building has been vacant for decades. City Attorney Kevin Barham states that despite notices being given, the owner will not comply with the needed repairs. Several years ago a building inspector stated that the repairs would be very costly. The City has filed a complaint that the building constitutes a safety hazard to the community ( public nuisance) since the back wall of the building started to collapse in 2019. The original owner, a Judge Kimbrough, is deceased and there is not a clear title to the property except a Carter Kimbrough who will not communicate or comply with any requests. He has been served with paperwork and is in default. A notice for additional heirs has been published and must run for 2- 3 weeks. In the meantime, the back wall has collapsed and blocked the alley, hampering local businesses use of the alley. We have filed a temporary restraining order stating irreparable harm is imminent which the Court granted. ( Civil Procedure Rule 65) There is no way to take the building down without damaging the neighboring buildings. Salvage costs are estimated to be $150,000 to $170,000. A lien may then be placed on the owner to recoup our expense. This is doable, but no guarantee of ever collecting the money. Fire Chief Nick Trotter then passed around a handout of a proposal from Lee King, a contractor from Rudy. He would repair the, part of the roof that needs it, clear debris and build a masonry retaining wall 20-30 feet inside the building (2 stories). This would be at a cost of $50,000 to $70,000 and done by hand to ensure no damage to neighboring buildings. He believes that any more damage will fall inward, not outward toward either street. The building is dry inside and basically sound. There is no roof access except from the bookstore or the old bank. The roof is angled which has prevented any water build up. Devin stated that we could fly a drone over and get pictures if needed. The retaining wall would be 20-30 feet inside the building, not flush with the alley. There is 2700 square feet of retail space in the bottom floor alone, giving a total of 5400 square feet. Mayor Hall stated that the inspector said that the alley was safe for use as long as the barriers were kept in place. She had received a telephone call from a gentleman earlier in the day who was interested in purchasing the building. She had put him in touch with the Kimbrough family. David Mahon and Loren Maier would like to hold off on any activity until there is a notice of some possible action. Randy Melton stated that we need to keep this as a priority to prevent any more stalling on the part of the owner and there needs to be a reasonable time constraint. City Attorney Kevin Barham stated that the notice to the heirs is up in 2-3 weeks and our lawsuit can proceed. In the best scenario, we press forward with the lien for salvage costs and if not resolved, the city will have to sell to recoup our money. David Mahone made a motion to table the discussion until the March meeting, seconded by Loren Maier. Upon a roll call vote, all Alderpersons voted aye and the discussion was tabled.

Resolution 2023- 1:

Charlie Meeker: This was approved and was supposed to be on the budget but was inadvertently left off. This Resolution will correct that.

Randy Melton: This has been my project. If you drive around town, most of the street signs look like crap. The County has tried to help, but the signs are no longer uniform. Money from the ARPA Fund was supposed to have been used to pay for them. Then the state said no that the ARPA funds were to be used for Police and Fire Department salaries. The money was budgeted, and we were instructed to change the line item on our budget.

David Mahon: He does not think that all the signs need to be replaced. Randy Melton does, so that the streets will be uniform.

A motion was made by David Mahon to move Item 3e on the Agenda ahead of Item 3a. This was seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye. Discussion:

Michael: This project helps to clean up highway and interstate signage as our signs can be attached to State signs.

Angela: What kind of signs?

Michael: New signs would match in color scheme and sized accordingly.

David: Is there only one quote:

Randy & Kevin: Yes, because it is under $20,000.

Michael: This would replace all signs, but not all posts.

David: Are state bids available?

Michael: Not that I’m aware.

Loren: Prices are going down everywhere: couldn’t we do more research?

Randy: No, I disagree, we need to stop waiting around and act.

Loren: I think we need to call around more.

Randy: Michael has called around.

Argest: Will the signs match the county- made ones?

Michael: No

Devin: The County uses a vinyl press/template. So they are not uniform either.

Argest: Would all street signs be replaced:

Michael: Yes, except for those larger streets that have multiple cross streets. Plus, numbered street signs will be smaller than named streets.

David: Is there anybody local?

Randy: No

Argest: So the signs will be our total responsibility?

David: I would like to get more quotes and a total list of all the streets.

Argest: I agree.

Mayor Hall: So you would like to have at least 3 quotes?

Randy: I’ m tired of waiting on this project. We have worked on it for two years and need to get it done. Motion made to pass the motion.

Mayor Hall: First we need a motion to read.

Randy Melton made a motion to read Resolution 2023- 1, seconded by Loren Maier. Upon a roll call vote Loren Maier voted yes, David Mahon voted no, Angela Harris voted yes, Randy Melton voted yes, Charlie Meeker voted yes, and Argest Hyler voted no. Motion to read passed. Mr. Barham then read Resolution 2023- 1. Randy Melton made a motion to approve Resolution 2023-1 which appropriates funds from the ARPA reimbursement of city expenses fund to the street department. This was seconded by Angela Harris. Upon a roll call vote Loren Maier voted no, David Mahon voted no, Angela Harris voted yes, Randy Melton voted yes, Charlie Meeker voted yes, and Argest Hyler voted no. Mr. Barham stated that the vote was tied 3 to 3 in which case the Mayor casts the deciding vote. Mayor Hall voted yes and Resolution 2023- 1 was approved.

Item 3b. Out contract as IT provider with IMC of Russellville ends on Thursday, February 16th. When notified that we would not be renewing, their response was that they didn’t realize we were unhappy with their services. All Council members were present when ASI of Russellville gave their presentation and were impressed by the depth of knowledge and services offered. They are well established and have all needed credentials. We are also not tied to a
contract. David Mahon made a motion to approve ASI as the City’ s IT provider. Mr. Barham added it would also authorize the Mayor to enter into the contract and that he would hash out the details of said contract. The motion was seconded by Argest Hyler. Upon a roll call vote, all Alderpersons voted aye and ASI of Russellville was approved. Tonya Talkington, Water Department Supervisor stated that the Water Department was also going to use ASI.

Item 3c. According to Ordinance 1998- 6, the Planning Commission is to have 7 members. We have been short for several years. David Mahon has been Chairman, then ran unopposed for City Council. Lannie Richmond from the ARML stated that he shouldn’t do both, but by the afternoon of the last meeting, no one had volunteered to be the chairman. It is a thankless job. The Mayor stated that at the last Planning Commission meeting, David proposed a
new chairman. According to Ordinance 135 sec. 3 this was not official because the chairman must be nominated by the Mayor and confirmed by the Council. The announcement should not have been published in the newspaper or given out on the radio. After consulting with our City Attorney, our option is to obey Ordinance 135. We consulted with the ARML today. Because David has served 3 years as Chairman of the Planning Commission he can continue this position as well as his elected position as Alderman, Mayor Hall stated “you can’t please everyone.” Randy Melton made the motion for David Mahon to continue as Chairman of the Planning Commission, which was seconded by Angela Harris. Upon a roll call vote Loren Maier voted yes, David Mahon voted yes, Angela Harris voted yes, Randy Melton voted yes, Charlie Meeker voted no, and Argest Hyler voted no. The motion was approved. The members of the
Commission will start a-rotating length of appointment to be decided at a later meeting.

Discussion:

Loren Maier asked if this would not be a conflict of interest. According to the ARML, no it would not.

David Mahon asked if the approval of the nominee of his choice was not approved since the Mayor was at the meeting and voiced no opposition.

Kevin Barham answered no, because Ordinance 135 was not followed.

Mayor Hall stated that she did not want to speak without getting the legal facts from the ARML

Argest Hyler asked about compensation and drawing two paychecks.

Kevin Barham stated that he would get this issue clarified.

Randy Melton asked that the nominees be restated.

They are David Mahon, Baylee Hall Henry, Tom Forrester, Mike Bogue, Marcia Hilliard, Nathan Rodriguez, and Bethany Bonner Lucius.

Item 3d New Councilmember representatives on the A&P Commission will be Angela Harris and Loren Maier. A motion to approve was made by Argest Hyler and seconded by Charlie Meeker. Upon a roll call vote all Alderpersons voted aye and the motion was approved. Discussion took place on needing to clarify membership requirements and number of members required.

Item 3f. Mayor Hall presented Bank OZK’ s Letter of Credit for approval. This Letter of Credit is renewed every two years and signed by the Mayor and the City Clerk. There were no objections to keeping the same signers so a motion was made to approve by David Mahon and seconded by Argest Hyler. Upon a roll call vote, all Alderpersons voted aye and the Letter of Credit was approved.

The Mayor then presented her State of the City address which will be added to our City website.

Public Input: Mrs. Edds of Walker Street spoke requesting an update on police activity regarding alleged drug dealers in her neighborhood. No improvements have been observed by residents. She stated that businesses do not want to move to a known drug haven. People will not bring families here. Her house is a former drug house that she is remodeling. Is the issue ever going to be resolved? The Mayor referred her to Police Chief Devin Bramlett and her Ward representative.

Councilmembers were given a copy of the Budget to review for discussion at the March meeting.

Spring Clean- up will be April 3` d through April 8th. March 29 at noon will be the deadline for requesting help for disabled and elderly. Flyers will be coming out soon. There will be no curbside pick- up.

The Run for the Fallen will be on March 17, 2023.

So far, only 30 businesses have not paid their 2023 business license fee. There are 4 new businesses so far in Ozark in 2023

City offices will be closed Monday, February 20th for President’ s Day.

Congratulations to the Ozark Cheer Team State Champs. They recently competed Orlando Florida and placed 9th in the Nation! Go Hillbillies!

David Mahon: Mayor, have the signs already been ordered?

Mayor: Michael, have the signs been ordered?

Michael: Yes

David Mahon: Then why did we even vote?

David Mahon made a motion to adjourn, seconded by Randy Melton. Upon a roll call vote, all Alderpersons voted aye and the meeting was adjourned.

Minutes for the Ozark City Council Meeting held Monday, February 13, 2023 were approved and passed this 13th day of March 2023.

Mayor Roxie Hall

City Clerk Susan Stevens