MINUTES OF THE REGULAR MEETING
OF THE OZARK CITY COUNCIL
September 11, 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 Angela Harris, Argest Hyler, David Mahon, Loren Maier, Charlie Meeker, and Randy Melton. Also present were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, and City Treasurer/ Deputy City Clerk Marla Ward. Special service recognition was given to the City’s Police Officers, Fire Chief, First Responders and EMT employees in remembrance of September 11, 2001. Rev. Jim McElhaney of 1st Assembly of Ozark gave the invocation, and the Pledge of Allegiance was led by the 4H Club of Ozark. Kyle Irvin then sang the National Anthem.

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

Water Department Superintendent Tonya Talkington is currently attending a training session in Hot Springs along with Roy Sampley and Austin Frasier. Her report states that routine maintenance, repairs and sampling is being done, as well as installing water taps and meters. There were 70 lines located with numerous contractors in the area. A water main break was repaired at 8th & West Commercial and repairs were done on Protheroe, Alston, Walker and 2nd Streets. There was Tencarva training on pump repair, paperwork for yearly audit, work on a permit for the Tractor Supply contractor to bore under Highway for the fire line, a meeting with the manhole rehab contractor to identify manholes for the project. Meters were read. There was work done on overflow extension at the Butterball tank. There was a 2024 Solar Eclipse emergency management meeting and a webinar on EPA Wastewater emergency response. Reports were completed for the ANRC/ ARPA sodium hypochlorite grant. We met with a Bank OZK representative about the positive pay program. There was clean- up done around the backwash ponds at the plant. There were over 30 service orders for turning water on/off, readouts, and changed out meters.

The Police Department lists 113 reports, 16 accident reports, 3 motorist assists, 39 warrants served, 68 Ordinance warnings, 14 Ordinance tickets, 42 arrests, 2 juvenile tickets, 156 tickets, and 417 warnings. Dillon Hancock has started the Law Enforcement Academy. We received one of our new patrol vehicles and turned one over to the Street Department. We are still waiting for parts to come in for the other vehicle. We hosted the following classes: Bullet
Proof Report Writing, Advanced Traffic Stops, Advanced Criminal Investigations, ACIC Level 1 Training, and the Franklin County Eclipse Meeting. Our Training Facility was used by the Arkansas Alcohol and Tobacco Control Officers, the Sebastian County SWAT team, the Fort Smith Police SWAT team, and the Van Buren SWAT team.

The Street Department reports that the usual mowing and weed eating is going on around town, as well as cutting brush back from the road out on 2°d Street. A cable barrier was installed along the sidewalk at West Park to keep cars from driving and parking on the sidewalk. There were also several new street signs put up. The Fire Department reports 75 calls in August. They have started fire training class for two new Firefighters in August and will continue into
September. The water pump was finally received.

The Ozark Community Center reports that they are mostly booked on weekends. There was a Labor Day Sale held September 1-5 for 30% off memberships, and also $3 day passes. The Arkansas Department of Health& Safety will be hosting swim lessons in September. We are looking for companies that furnish& install fitness rooms to hopefully have an idea for the Exercise room to get it set up soon. The washer& dryer electrical plugs and all plumbing has been completed and they are up and running. The basketball goal in the pool area has broken again and a new one has been ordered. We are continuing to paint murals and artwork on the walls in the Putt-Putt area, some are completed, but we still have a few to finish up. There will be new hires training soon to replace some of the college students that have moved on. Preparations have begun for Fall & October Events!

Charlie Meeker reported for the Fire and Police Committee. Their meeting was held Monday, August 28, 2023. At the meeting, Fire Chief Nick Trotter suggested a change in LOPFI for firefighters, and Police Chief Devin Bramlett had asked for consideration for a pay raise for part-time police officers. Code Enforcement Officer Dillon Hancock is currently at the Academy, and all shifts are working together to cover this assignment. Randy Melton reported for the Policy & Personnel Committee which met on August 27th. They discussed APERS (retirement program for full-time employees. There are many employees who are in favor of the program and have stated that they are willing to give up pay raises for 2 years to be able to afford it. Randy stated that this is a budget issue that we have to discuss if we, as a city, can afford it because once you are enrolled, there is no getting out of it. There will be further discussion on the program when Budget meetings begin. Employee Roy Sampley is receiving official training to be a water department superintendent. Tonya is not leaving, but it was thought important to have someone prepared to step in when needed. He also proposed a free membership to the Community Center for City employees along with a discounted family rate. This will also be addressed during the upcoming budget meetings.

Old Business: A thank you to Joseph Yoakem for bringing the need for a Boys & Girls Club in our area. Mayor Hall reported that on August 29, she met with the head of the B & G Club in Booneville. The City contributes $1500.00 monthly from a one cent sales tax. It is very important to have the school system involved. The Boys & Girls Club International requires that a facility provide a Computer room, an Art& Science Room, a Homework room, and a Game room. First Western Bank is a big sponsor of the Club. Mayor Hall also visited with the Director of the Boys & Girls Club in Paris. They have not had a good response from the school system.

The City of Paris gives them $18,000.00 per year and they have had use of a City building since 1964. Joseph volunteered to meet with the Directors and also attend the next school board meetings in Booneville and Paris to see what he could learn from them regarding establishing a Club in Ozark.

New Business: 3a. Steve Whiteaker to podium. Randy Melton made a motion to limit Mr. Whiteaker to 10 minutes, this was seconded by Loren Maier. David Mahon requested discussion. Mr. Whiteaker asked what they were afraid of that would cause them to limit his time. Mr. Barham stated that this is not the time for a personal agenda, it is a time for the City Council to conduct City business and unless it had to do with City business, he needed to speak to his alderman. Mr. Whiteaker responded that he could probably present his items in 10- 20 minutes, but asked again why a limit was being put on him? He stated that his alderman would not return his calls. Mr. Barham asked if any of his items had to do with the A&P. Then stated that the A&P is their own entity, not under City control. The City gives them their money and it is on them to oversee it. Mr. Whiteaker stated that he had handouts that would show that the City does have authority. Mr. Barham then stated to get on with it. Randy Melton then restated his motion to limit the time to 10 minutes with Council questions and rebuttal possible. This motion was seconded by David Mahon. Upon a roll call vote, all Council members voted aye and the motion passed. Mr. Whiteaker then passed out his paperwork. He stated that there are discrepancies in spending reports from year to year. The City needs to find out everything that has been purchased in the last ten years, not just land, buildings, and vehicles. Then people should be held accountable for what is missing. There are issues of employee theft not being addressed or any kind of determination made. He would like to have an audit done on the A& P for the past ten years. We need to find out where and to who the money is going. His questions included what is the Ozark Film Commission? What is the Ozark Arts Society? And why are we funding private ticketed) concerts in another county? He would like a review of what the A&P is allowed to
spend money on and requests a temporary shut- down of the A&P with the City taking over their spending until these issues are resolved.

Ten Minute Bell: Mr. Whiteaker asked if anyone had any questions and there was no response. David Mahon stated that he understands that he has spent a great deal of time digging into the information presented. Sarah Rodriguez stated that she was happy to give information on any program that the A& P sponsored. Mr. Whiteaker stated that there are good people in this town. His original FOIA request was for a travel expenditure and he was sent 2 gigabytes of information on a flash drive. Excessive, useless information for the most part, nothing pertinent. Again, the City needs to stop making these unnecessary purchases. Mr. Whiteaker then left the meeting.

3b. City Wrecker Rotation. Police Chief Devin Bramlett is checking legal aspects of the rotation and trying to set up a meeting with Altus, Ozark, Franklin County, and the State Tow Board. David Mahon stated that if a business license is required, it should limit the rotation to city businesses. Kevin stated that tow businesses are State licensed and can tow anywhere, and the rotation must be opened up to anyone who can respond in a timely manner. Mayor Hall asked that Devin set up meetings with officials as soon as possible and bring the matter back to the Council when a determination has been made.

3c. Ordinance 2023-10 re Online Banking. Our current fuel program is through WEX. We are mailing the payments two weeks in advance, and still getting charged late fees. The same is true of our credit card with Bank of America. The plan is to pay the accounts online out of the General Fund, then each department will reimburse their part. Randy Melton made a motion for the Ordinance to be read, seconded by David Mahon. Upon a roll call vote, all Council members
voted aye and Kevin Barham read the Ordinance. A motion was then made by David Mahon to dispense with the 2nd and 3rd reading and proceed by title only. This was seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and the motion was approved. David asked if it was two accounts. Marla Ward stated yes— WEX and Bank of America. She has cleared it with CenterPoint to be paid out of General ( trying to avoid the late fees.) All
departments are being asked to not use the Bank of America card except for the Water Department. That way they can be given the whole statement to pay and the City will only have the WEX card. David asked who can use the credit cards. Mayor Hall stated that each department head has a credit card, but purchases are approved by her before they are made. Charlie Meeker stated that the cards are in the Mayor’ s name. We have gone to a Simmons Bank Card for all other uses. Randy Melton stated that the Ordinance covers all aspects of using online banking, both now and in the future. A vote to approve the Ordinance was made by Argest Hyler and seconded by David Mahon. Upon a roll call vote, all Council members voted aye and Ordinance 2023- 10 was approved. A motion was then made to enact the emergency clause by Charlie Meeker and seconded by David Mahon. Upon a roll call vote, all Council members voted
aye and the motion was approved.

3d. Ordinance 2023- 11 re Amending the City Personnel Policy and for Other Purposes. A motion to read was made by David Mahon and seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. A motion was then made to dispense with the 2nd and 3rd reading and proceed by title only by David Mahon and seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and the motion passed. Discussion of one day a month ( 8 hours) for sick leave for non-uniformed full-time employees. Leave for the Police Department is set by the State. A motion to approve was made by Argest Hyler and seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and Ordinance 2023- 11 was approved. A motion was then made by Charlie Meeker to enact the emergency clause and seconded by Loren Maier. Upon a roll call vote, all Council members voted aye and the motion was approved.

3e. Ordinance 2023- 12 re City Council Meeting Procedures. A motion to read was made by Argest Hyler and seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and Mr. Barham read the Ordinance. A motion was then made by Angela Harris to dispense with the 2nd and 3rd readings and proceed by title only. This was seconded by Randy Melton. Upon a roll call vote, all Council members voted aye and the motion passed. There was a lengthy discussion and debate about several items contained in the Ordinance. David Mahon made a motion to send Ordinance 2023- 12 to the Ordinance Committee to clean up and clarify language and present at the next meeting. This was seconded by seconded by Charlie Meeker. Upon a roll call vote, all Council members voted aye and the Ordinance was sent to Committee.

There was no public input.

Announcements: The Ozark Pride & Beautification Clean-Up Day is Saturday, September 30th. Volunteers will meet at the Community Center at 8:30 am and clean-up from 9:00 am to 12:00 pm (noon).

The City of Ozark Fall Clean- Up will be October 2nd- 7th The Transfer Station will be open all week. 1 free truck load may be taken to the station with a copy of your City of Ozark Water Bill. There is a list on our city Facebook page ( City of Ozark, AR) of what can and can not be picked up curb-side.

Though we are thankful for the much needed rain, it did cause a small delay in beginning the project of paving Highway 64 in Ozark. They are finishing their project in Van Buren tonight and will move this way tomorrow providing there is no rain tonight. There is a good chance of rain some days/ nights this week, so that could continue to cause a delay and push them back, but they are coming!

We did receive a Mitigation Grant from the State to hopefully help with the flooding issues total in the Pleasant Homes area. The work will be at the bridge on 29th Street. This project has a total cost of $130,060.00. The State will pay $97,545 ( 75%) and the City will pay $32,515 (25%).

Since the end of July this year, we have issued 2 more food truck business licenses. One Fresh Start Seafood & Catering and the 2nd to Gourmet Grubs Bull Pit.

David Mahon asked to give a shout-out to Joseph Yoakem for the work that he has done on setting up the Pumpkin Patch. The location has been moved to Etna on Brown Lane. Mayor Hall stated that he can get the information on KDYN and also that he can contact Bank OZK and have it listed on their community column in the Spectator for free.

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

Minutes for the Ozark City Council meeting held Monday, September 11, 2023 were approved and passed this 9th day of October, 2023.

Mayor Roxie Hall

City Clerk Susan Stevens