MINUTES OF THE REGULAR MEETING
OF THE OZARK CITY COUNCIL

November 13, 2023
Ozark City Council Meeting Room

The Regular meeting was called to order by Mayor Hall, and upon a roll call, a quorum was declared to exist for the meeting. Present were Council members, Loren Maier, Angela Harris, Randy Melton, Charlie Meeker, and Argest Hyler. Also present were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, and City Treasurer/Deputy City Clerk Marla Ward. Tonya Talkington gave the invocation and Mr. Barham led the Pledge of Allegiance.

A motion was made by Randy Melton to approve the October minutes and seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and the minutes were approved. A motion was then made by Argest Hyler to approve the financial reports and seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and the financial reports were approved.

The Water Department reports completion of routine sampling, work orders, maintenance and repairs including 72 utility line locates (4 emergency). Emergency repair on King Mountain Road 12″ line that feeds East Tank. Leaks were repaired on N 2nd Street, Gibson, Spring, and Johnson Streets. The 2022 Audit of the Water and Sewer Department was completed by King, Jacobs, & Lorfing. Work was begun on clearing water/ sewer easements. Repairs were done at
Butterball lift station. Roy met with the manhole rehab contractor to finalize the list of manholes that would benefit most from Epoxytec coating. Mission SCADA was upgraded to enhance monitoring at sewer pump stations.

The Street Department reports mowing, weed eating, and pothole repair. Dirt was hauled to Coley Drive and the road was shouldered where the paving was done. Christmas lights were prepped to see what all is working.

The Police Department reports 28 arrests, 86 reports, 15 accidents, 32 warrants served, 22 subpoenas served, 1 juvenile ticket, 2 City Ordinance warnings, 1 motorist assist, 117 traffic tickets, 324 traffic warnings. We hosted a 3-day Criminal Interdiction Class, a 3-day Advanced Entry and Vehicle Class, a 1-day Glock Armorer Class, a 1-day Arkansas Crime Information Center Level 1 class, and a 1- day Road Side Interview class. The Arkansas State Police SWAT team, the Benton County Sheriff’ s SWAT team, and the Franklin County Sheriff’s Office all used our training facility in the month of October. We are in the process of hiring a new code enforcement officer. We hope to have someone in position by the end of the month. Dillon Hancock will be graduating from the police academy on November 17th. The Ozark Police Department received an $1,800.00 mini grant for bullet proof vests.

The Fire Department reports 72 calls in October. Our Halloween event was a success. We gave out about 1,100 hot dogs. Annual service maintenance has been completed on all trucks. 17 new building permits were issued in October. 20 letters were sent to property owners who have failed to make any contact about their vacant/ old buildings (second letters). Demo was completed on an old vacant home on Main Street behind the Post Office.

The Community Center reports they are booked on weekends and starting to book up for December as well. They are working on putting together a promotion for the Holidays for memberships or day passes. Arkansas Health& Safety are hosting swim lessons in November. A budget for 2024 is being worked on. Applications are still being taken for the Evening Supervisor position. The Control Panel for the Main pool needs to be replaced. There is an invoice attached to packets. This is a must to keep the pools up and running. The total amount due Sunbelt Pools is $11,800.00 which is over our $10,000.00 limit so will require a Council vote. Randy Melton made a motion to approve the expenditure which was seconded by Argest Hyler. Upon a roll call vote, all Council members voted aye and the expenditure was approved.

Charlie Meeker reported for the Fire& Police Committee. Our new police vehicles should be in service now and we have had four applications for the Code Enforcement position. The Fire Department is requesting a new truck to replace the Tahoe. A dress truck will be 66,000.00 and we will be selling the Tahoe. It was agreed that the old training travel trailer needs to be deemed excess equipment.

Randy Melton is still gathering more retirement information and hopes to have a plan in place soon after the first of the year.

Angela Harris reports for the Cemetery Committee held October 26, 2023. A discussion was held regarding an estimate for building a pavilion at the cemetery estimated to be 40 x 25 in size in the SW corner of the cemetery. It would have a concrete floor and 12 8-ft rubber coated benches. We are going to ask Mainstreet Ozark about purchasing some leftover metal that they have from the River Street Stage project. We were told there was 15 x 40 left from that project. Mayor Hall is going to call Benny Lowery to find out an estimated price on what is left and ask if it will be useable for our project. Angela is going to ask about it at the next Mainstreet meeting to see if they would consider selling it to us. Increasing the cost of labor for funerals held on Sundays to offset paying overtime was discussed. Michael Brasseaux mentioned the need for plastic mats like AR Valley Electric has to protect the ground from our heavy equipment when
the ground is soft and we are having to cross grave sites. He has checked the price and they are roughly $1500.00 for a dozen mats and we need two dozen. Currently we use plywood which is expensive and we don’t get very many uses out of each piece. A discussion was held about adding more of the black chain link fence to the project that was started a few years ago. Michael is getting estimates for the two sides that run north to south. Also discussed was the need to install a map at the pavilion and signs at each section so that it is easier for us to explain where a burial plot is located to visitors.

Old Business:

Ordinance 2023-13 Tax Levy for the benefit of the Firemen’s Pension Fund. Argest Hyler made a motion to read, seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Randy Melton made a motion to dispense with the 2nd and 3rd readings and proceed by title only. This was seconded by Argest Hyler. Upon a roll call vote, all Council members voted aye. Argest Hyler made a motion to approve, seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and Ordinance 2023-13 was approved.

Ordinance 2023-14 Tax Levy for the benefit of the Volunteer Fire Department. Randy Melton made a motion to read, seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Randy Melton made a motion to dispense with the 2nd and 3rd readings and proceed by title only. This was seconded by Angela Harris. Upon a roll call vote, all Council members voted aye. Loren Maier made a motion to approve, seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and Ordinance 2023-14 was approved.

Ordinance 2023-15 Tax Levy for the benefit of the General Fund. Randy Melton made a motion to read, seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. Randy Melton then made a motion to dispense with the 2nd and 3rd readings and proceed by title only. This was seconded by Angela Harris. Upon a roll call vote all Council members voted aye. Charlie Meeker made a motion to approve, seconded by Argest Hyler. Upon a roll call vote, all Council members voted aye and Ordinance 2023-15 was approved.

2. b The Bandstand at East Side/Gar Creek Park was completed October 25. A probation Officer contacted City Hall for any additional work that kids could do so he and his charge spent Saturday, November 11th painting. On the Bandstand, all siding, doors, etc. that were wood are now covered in metal at a cost of $7000.00. On the inside, the cost of paint and supplies came to 264.00. Ozark Pride & Beautification paid Some Girls and a Mural $250.00 for their design and 7518.00 for the Clear Seal. Andy Dwyer was paid $800.00 for power washing and painting. Chairperson Theresa White has been very meticulous in reporting and being accountable for the money that they are being given for these projects. This is a small committee of only 3 people and always in need of new members/ volunteers. The Bandstand is generating good publicity for our City. There has been an article in the River Valley Democrat Gazette and Fox News will be interviewing Theresa on Thursday.

2. c Linda Estep’ s husband stated that she was unable to attend the meeting tonight for an update on the sewer project. Per Randy Melton and Tonya Talkington the project is ongoing with nothing new to report.

New Business:

Argest Hyler made a motion to add to the agenda the vacancy on the Council that was made upon the resignation of David Mahon, Councilman for Ward 1, Seat 2. This was seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and the vacancy was added to the Agenda.

3. a Tonya Talkington presented the 2022 Audit of the Water/ Sewer Department. There was only one finding regarding the FEMA money and plans for its usage are in the works. The auditor praised Tonya on her good audit. Randy Melton made a motion to approve the final audit, seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and the 2022 Audit was approved.

3. b Sarah Rodriguez/Raegan Haberer re Temporary Entertainment District
Ordinance 2023-16/ Map also provided

“An Ordinance creating a Temporary Entertainment District pursuant to A.C.A. Section 14- 54-1412, setting forth standards for the regulation of Alcohol possession with such district and for other purposes.”

S. Rodriguez stated in Section 1 that it is a temporary entertainment district for individuals aged 21 and older, allowing them to purchase and consume wine and beer within designated boundaries during the specified hours for a Christmas on the Square festival to be held Saturday, December 9, 2023, between the hours of 10:00 am to 10:00 pm. Included in the Ordinance are: Section 2 Boundaries (map provided). The areas are outside of the parade area and will be roped off and signage provided. Section 3 Permitted Beverages/wine and beer only, with designated cups. Section 4 Designated Hours/the Festival is from 10:00 am until 5:00 pm with the Parade starting at 6:00 pm. The temporary district time is extended until 10:00 pm to include other events planned for later in the evening. Section 5 Licensed Vendors/per ABC, no extra permits will be needed and there will be no additional liability on the city. Section 6 Safety and Security/17 was suggested by other cities that have similar events that we have on- call and emergency numbers on hand. Section 7 Compliance with state and local laws. Section 8 Expiration—this Ordinance is valid only for the specified date, Saturday, December 9, 2023. After 10:00 pm on that date, the temporary entertainment district shall cease to exist. Section 9 Severability. Section 10 Effective date. A motion to read was made by Loren Maier and seconded by Argest Hyler. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. A motion to dispense with the 2nd and 3rd readings and proceed by title only was made by Argest Hyler and seconded
by Loren Maier. Upon a roll call vote all Council members voted and Mr. Barham read the title 3 times. A motion to approve was made by Argest Hyle and seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and Ordinance 2023-16 was approved. A motion was made by Randy Melton to also approve the emergency clause and seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and the emergency clause was enacted.

3. c Employee Christmas Bonuses for 2023. These are usually done and approved in December but Mayor Hall would like to move them up so employees can take advantage of Black Friday sales and other Christmas shopping. It would be figured so that take home bonus after taxes) will be $200.00 for full-time employees and $75.00 for part-time employees. Randy Melton made a motion to approve the expenditure and Argest Hyler seconded the motion. Upon roll call vote, all Council members voted aye.

3. d Vacancy of City Council Seat Ward 1 Seat 2. David Mahon resigned his position on October 20, 2023, effective immediately. To fill this seat, an applicant must live in Ward 1. They will be required to provide a 3-4 paragraph summary of why they want to serve on the Council and what their goals for the City of Ozark will be. Randy Melton made a motion to declare a vacancy and was seconded by Angela Harris. Upon a roll call vote, all Council members voted aye and said vacancy was declared. Mr. Mahon also resigned his position on the Planning and Zoning Commission. This needs to be filled as soon as possible. The volunteer for this position must live inside the city limits. There was no public input.

Announcements:

Scare on the Square was a great success with an estimated 4000 attendees! Mayor Hall gave out 1,033 miniature playdoh’ s, and the Fire Department gave out over 1000 hot dogs. There were also two churches that held events on that night. A big thank you to Toby Whitehead and Charlie Meadors for their help with the lighting at the square. November 28 will be our Lighting ceremony at the Courthouse at 5:30 pm. Thank you to the A&P for finishing payment on the lighting. There will be free hot chocolate and cider. Main Street Ozark is making plans for carriage rides down River Street. Since August we have issued 7 new business licenses and had one business change hands. This week on Thursday the 16th the Street & Water Committee will meet at 5:00 pm instead of 5:30 pm so that everyone can attend the Pep Rally for our High School Football team, Cheerleaders and Band. There will also be an Ordinance committee meeting on Monday, November 27th.

Argest Hyler made a motion to adjourn the meeting, seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and the November meeting was adjourned.

Minutes for the Ozark City Council meeting held Monday, November 13, 2023 were approved and passed this 11th day of December, 2023.

Mayor Roxie Hall

City Clerk Susan Stevens