MINUTES OF THE REGULAR MEETING
OF THE OZARK CITY COUNCIL
January 10, 2022
Ozark City Council Meeting Room

The Regular Meeting was called to order by Mayor Roxie Hall and upon roll call, a quorum was declared to exist for the meeting. Present were Alderpersons Rex Anderson, Rusty Cagle, Brandy Flanary, William Heffington, Charles Meeker, and Randy Melton. Also in attendance were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, and Deputy City Clerk/ City Treasurer Marla Ward. The invocation was given by Rex Anderson and the Pledge of Allegiance was led by Code Enforcement Officer Kevin Dugan. 

A motion was made by Randy Melton to approve the December Minutes, seconded by Rusty Cagle. Upon a roll call vote, all Alderpersons voted aye and the Minutes were approved. A motion was made by Randy Melton to approve the Financial Reports, seconded by Rex Anderson. Upon a roll call vote, all Alderpersons voted aye and the Financial Reports were approved. 

Mayor Hall announced that Committee/Commission regular meetings will resume in February. Code Enforcement Officer Kevin Dugan then addressed the Council, regarding his progress/complaints. A door knocker is left when no one answers the door. Warnings go into the e-system to regenerate in 7 days. A citizen must be hand- delivered a citation, whether it is written by hand or computer generated. A body cam is being used. Alderperson Randy Melton stated that he had spoken with a citizen based on body cam footage, and he advised them to take care of yard waste in a positive way or face consequences for negative actions. Police Chief Devin Bramlett stated that a driver’ s license/ID must be presented. Officer Dugan is a certified police officer and can make arrests. A charge of obstruction or hindering a citation may be issued upon refusal. Mr. Melton then stated that enforcement of the clean- up laws (Ordinance 2020- 8) is not a money-maker. It is a means to clean up our hometown. Vernon McDaniel voiced his appreciation for Officer Dugan’ s work so far. 

A motion was made by Charlie Meeker to read Ordinance 2022- 4 regarding Modular Homes. This was seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. Randy Melton then asked Mr. Barham to clarify definitions as follows. An On Frame modular home still has the frame, but an Off Frame modular home sits on a pad or foundation. A motion to dispense with the 2°d and 3′ readings and vote by title only was made by Rex Anderson and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye. Alderman Rex Anderson made a motion to strike/ amend Section 5 Item( d) of the Ordinance regarding roofing, but after council discussion the motion was dropped. A motion to approve was made by Rex Anderson and seconded by Rusty Cagle. Upon a roll call vote, all Alderpersons voted aye and Ordinance 2022-4 was approved. 

A motion was made to read Ordinance 2022-5 ( amending Ordinance 2009- 11 regarding City of Ozark Zoning) by Charlie Meeker and seconded by William Heffington. Upon a roll call was vote, then all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. A motion made to dispense with the 2nd and 3rd readings and vote by title only by Randy Melton and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye. A motion was then made to approve the Ordinance by Charlie Meeker and seconded by Rusty Cagle. Upon a roll call vote, all Alderpersons voted aye and Ordinance 2022- 5 was approved. A motion to enact the emergency clause was made by Randy Melton and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye. 

A motion was made to read Ordinance 2022- 3 ( amending Ordinance 2004- 6) regarding signage on City streets was made by Charlie Meeker and seconded by Randy Melton. Upon a roll call vote, all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. Upon discussion of the Ordinance, questions were raised about what signs are included and when the 60-day time frame begins. It was decided by Council to place on Agenda next month for 2nd reading. 

A motion was made to read Ordinance 2022-2 which requires a permit and bond for disturbing the surface of any city street by Rusty Cagle, seconded by Charlie Meeker. Upon a vote, all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. A made to dispense with the 2ndand3rdreading and vote by title only by Charlie roll call was motion Meeker and seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye. After discussion and explanation that this Ordinance is a way to police independent contractors and bond forms will be available at City Hall, a motion to amend Section 3 of the Ordinance, adding the word” commercial” to clarify what type bond would be issued was made by Rex Anderson and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye and the Ordinance will be amended. A vote to approve with amendment was made by Randy Melton and seconded by Rex Anderson. Upon a roll call vote, all Alderpersons voted aye and Ordinance 2022-2 was approved. A motion was made by Randy Melton to enact the emergency clause, seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye and the emergency clause was enacted. 

A motion was made by Charlie Meeker to read Ordinance 2022-6 which amends Upon Ordinance 2021- 3 regarding guidelines for Covid- 19 leave time, seconded by Brandy Flanary. a roll call vote, all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. After discussion of frequently changing guidelines, a motion was made by Rex Anderson and seconded by Randy Melton to amend the Ordinance to strike Section 1 and to continue to follow current CDC/ADH guidelines. It was noted that a home test is a good indicator of needing to be tested at a doctor’ s office. To qualify for paid leave time a test from a doctor’ s office must be provided. A motion to dispense with the 2nd & 3rd readings and vote by title only was made by Rex Anderson and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye. A motion to approve with amendment was made by Randy Melton and seconded by Rusty Cagle. Upon a roll call vote, all Alderpersons voted aye and Ordinance 2022- 6 was approved. A motion was made by Charlie Meeker to enact the emergency clause, and seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye. 

Under New Business there was no update regarding progress on the property at 205 W. River Street. Randy Melton and Rex Anderson stressed the importance of working with the current renters about finding a new location. A motion to designate Mayor Hall as representative to contact renters was made by Rex Anderson and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye except for Randy Melton who abstained from the vote. 

A motion was made by Charlie Meeker to add Ordinance 2022- 1 to the Agenda. This Ordinance amends and sets the annual salary of the city clerk and was seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye and the Ordinance was added. A motion was then made to read Ordinance 2022- 1 by Charlie Meeker and seconded by Rex Anderson. Upon a roll call vote, all Alderpersons voted aye and City Attorney Kevin Barham read the Ordinance. A motion was made by Rex Anderson to dispense with the 2nd& 3rdreading and vote by title only and seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye. A motion to approve the Ordinance was made by Randy Melton and seconded by Charlie Meeker. Upon a roll call vote, all Alderpersons voted aye and Ordinance 2022- 1 was approved. A motion to enact the emergency clause was made by Rex Anderson and seconded by Randy Melton. Upon a roll call vote, all Alderpersons voted aye. 

Budget Committee Chairman Charlie Meeker presented the 2022 City Budget. It is a balanced budget including an employee pay raise of 6.2% which is in line with Social Security. A motion to approve was made by Rex Anderson and seconded by William Heffington. Upon a roll call vote, all Alderpersons voted aye and the City Budget was approved. The Water Department Budget was then presented. A motion to approve was made by Charlie Meeker and seconded by Rex Anderson. Upon a roll call vote, all Alderpersons voted aye and the Water Department Budget was approved. A Policy& Personnel Committee meeting was set for Thursday, January 13 @ 5: 00 pm to discuss certification levels and salary caps. 

Under Announcements the City would like to thank Bank OZK for the recent purchase of pool furniture. It should be delivered by the end of February. The City would also like to thank Ozark Inn& Suites for the Connect Four game purchased for the Community Center. City Offices will be closed Monday, January 17, 2022, in observance of Martin Luther King Day. The fencing project at Highland Cemetery is complete. There are some leveling issues that are being looked into, but overall it looks much better. There is a 20% discount for memberships being offered at the Community Center for the month of February. Other specials include $ 2.00 swim on February 2nd. Then on February 20th you can buy 2 day passes and get 2 free. There is also a six-week package of water aerobic classes for $22.00 starting February 22nd 

Employees of the Quarter 

Community Center: Caleb Martinez
Fire: Jeffery Hall
Police: Donna Kirchner
Street: J.D. McKean
Water: Austin Frazier 

In closing, Mayor Hall stated” Just like a coin, there are two sides to every situation. When in doubt, get the facts!” 

A motion was made by William Heffington to adjourn, seconded by Rex Anderson. Upon a roll call vote, all Alderpersons voted aye and the meeting was adjourned. 

The Minutes for the Ozark City Council Meeting held Monday January 10, 2022, were approved and passed this 14th day of February 2022. 

Mayo Roxie Hall 

City Clerk Susan Stevens