Minutes Of The Regular Meeting
Of The Ozark City Council
June 12, 2023
Ozark City Council Meeting Room

The Regular Meeting of the Ozark City Council began with Mayor Hall confirming that anyone who wished to speak during Public Input was given the opportunity to sign in the Log Book. There was some confusion caused by a different form that was being put into use.

Mayor Hall then called the meeting to order. She asked that we remember the Brasseaux family in prayer as Street Director Michael Brasseaux’ s father passed away. Water Superintendent Tonya Talkington led the Invocation, followed by the Pledge of Allegiance led by Charlie Meeker. Mayor Hall then spoke to the protocol of being on the Agenda for a Council Meeting. We have always followed the Municipal Leagues unwritten guidelines of informing the public of the Agenda one week before the meeting. In order to do this, we must have the completed Agenda to the Newspaper by noon on Monday so that it can go to print. If there is a pressing issue, it may be presented to the Council at the meeting and a motion made to the Council to add it to the Agenda. Roll was then called. Present at the meeting were Mayor Hall, City Attorney Kevin Barham, City Clerk Susan Stevens, Treasurer/ Deputy City Clerk Marla Ward and Councilmembers Angela Harris, Argest Hyler, David Mahon, Loren Maier, Charlie Meeker and Randy Melton.

David Mahon then stated that since there was no written Ordinance setting forth the above mentioned public notice deadline, then items should be allowed to be added to the agenda. Kevin Barham stated that meetings are to follow Robert’ s Rules of Order which provides an opportunity to suspend the rules and allow items to be added to the agenda by 2/3 vote of Council. David then disagreed with Kevin and stated that the City did not have an ordinance in place to follow these rules, therefore we are not liable to obey them.

Mayor Hall: I have spoken with ARML and it is a courtesy extended to citizens to let them know what is to be on the Agenda.
David: However, there is no written procedure for adding items to the agenda.
Randy: We have an Ordinance in place requiring 5 days notice to the public.
David: No, we do not. Ordinance 2023- 1 sets forth the meeting times and procedures for City Council meetings but gives no mention of how the Agenda is handled.
Randy: We have always been in agreement that the press/public should be notified in advance of the meetings. You have been on the Council 5 months now and I thought that you understood this. It may not be written out exactly in an Ordinance, but it is the way it has always been done.
David: And I would think you understand that if it is not written down we have to follow the rules of law.

A concerned citizen, Mr. Goins, had presented a letter to Mayor Hall regarding the rezoning issue on 14′ h Street and expressed his desire to speak to the Council. David Mahon made a motion to switch items 3a and 3b allowing Mr. Estep to speak first, followed by Mr. Goins. Mayor Hall pointed out that they were in the printed order because Mr. Miner was the first one to request time. This motion was seconded by Randy Melton. Upon a roll call vote, all Councilmembers voted aye and the change was made.

A motion was made by David Mahon to approve the May Regular City Council meeting minutes, seconded by Loren Maier. Upon a roll call vote, all Councilmembers voted aye and the Minutes were approved. A motion was then made by Argest Hyler to approve the Minutes of the Special Meeting held May 9th. regarding the new IT provider. This was seconded by Charlie Meeker. Upon a roll call vote, all Councilmembers voted aye and the minutes were approved. Randy Melton made a motion to approve the Minutes of the Special Meeting held May 26th regarding an upcoming sewer project. This was seconded by Loren Maier. Upon a roll call vote, Councilmembers Maier, Mahon, Harris, Melton, and Hyler voted aye. Councilman Charlie Meeker abstained. A motion was made by Charlie Meeker to approve the Financial Reports and seconded by Randy Melton. Upon a roll call vote, all Councilmembers voted aye and the Financial Reports were approved.

Reporting for the Water Department: Sodium hypochlorite improvement project at the water treatment plant was completed as of May 16d, 2023. The crew has been trained and the new system is up and running. An initial meeting was held regarding findings of the Water Master Plan. We investigated and repaired numerous water/sewer leaks and installed new service/meters. We relocated a meter at YWAM. We assisted AA Services with hydrant flow testing for Tractor Supply. Sludge samples were collected at wastewater treatment plant. Sewer pump issues were investigated at McDonald’s, Love’s, and the Fairgrounds. We also investigated conceptual costs for sewer improvements at Hillbilly Loop and N 18th Street and sewer/water development for a new residential subdivision.

The Police Department reports 118 arrests, 35 misdemeanor arrests, 7 felony arrests, 17 accidents, 25 warrants served, 1 subpoena, 12 ordinance tickets, 92 ordinance warnings, 172 traffic tickets, and 191 traffic warnings. We are trying to raise money for Shop With a Cop. The Crawford County Sheriff’ s SWAT team used our facility for training.

The Fire Department reports responding to 71 calls in the month of May. The current total calls for the year is 302. Two new probationary firefighters have started attending monthly meetings. The water pump for the tanker truck was ordered May 11th. Estimated to take 14 weeks for delivery. This build project is on hold until the pump is delivered. Build will be determined by the placement of the pump.

The Community Center reports that they are completely booked on weekends. The Equipment Grant with Blue& You for exercise equipment is still being worked on. 3 new lifeguards have been hired. There is an offer of $10 off when you buy a 3-month summer membership. We had 4 field trips in May: Ballman Elementary in Fort Smith, Westside Schools visited two times, and Moffet Schools in Oklahoma. Magazine Schools bought 135 day passes to hand out as incentive prizes. Fun Days scheduled so far: June 21st the official 1St day of summer—$ 3 per person. Popsicles every Friday in June. Thursdays in July are Family nights at 3 per person. We are hoping to add some more fun days throughout the summer. Councilmember Angela Harris stated that it was good to see so many field trips being booked at our Community Center.

The Street Department reports that the majority of their time was spent mowing and spraying. They have fixed one culvert on Chris Drive and patched some potholes. They have installed around 25% of the new street signs.

Old Business: City Attorney Kevin Barham states a suit was filed months ago declaring the Kimbrough Building at 218 Commercial Street to be a public nuisance as the back of the building has fallen down. Mr. Carter Kimbrough is the 2/3 owner of the building per the tax assessment records and has been sent notices over the past several years with no appropriate response. Since there are other heirs to the property a warning letter of a pending lawsuit was sent out with no response. In a default hearing, the Judge ruled in favor of the city. Mayor Hall presented plans to remove the back portion of the roof where the wall fell and construct a new interior wall 20-30 feet inside the building, remove debris and cut off the old portion of roof. We have a Resolution to have a professional draw up plans so we can take bids for the remediation of the property. Mr. Kimbrough could also choose to do a quit claim deed for the property to the City. The Judge ruled in favor of the remediation of the building in having plans drawn up, bids taken, and work being done as being in the best interests of the City since razing of the building would create a hole in the City Square
which hinders local businesses and discourages future buyers/ investors for the space. If the building is torn down the value is$ 0. The ruling covers any expenditures the City may have by allowing a lien to be put on the property to recoup any money that is spent. This includes foreclosing on the lien and taking the property. This ruling preserves the building, preserves our Square and is best for the City. Councilmember Angela Harris asked how long the remediation
process could take. Mr. Barham responded there are too many factors involved to be able to give a time fame, but he expects the final ruling next week. If Mr. Kimbrough does not cooperate, then we will proceed on.

David: I understand that we are hiring a professional engineer to draw plans for remediation, but why under Section 6 which sets a limit of $10,000 when the total costs will be much more?
Mr. Barham: It is presumed that the drawing of plans will be under$ 10,000 so we may need to strike Section 6.
David: The way the Resolution is written is specifically for the engineer to draw plans and the city to remediate the building no matter what the costs. This will bypass the bidding process.
Mr. Barham: In terms of remediation, then yes, we are pre- approving having plans drawn up to remediate the building. These plans will be presented to the Council and upon approval, per city Ordinance, bids will be taken. If no bid is acceptable, then we will start the bidding process again. At this point we are not to the New Business portion of our meeting yet.

New Business:

3a- Mr. Roy Estep then spoke as a neighborhood representative of those concerned about the rezoning of North 14th Street. ” We have lived there for many years and as retirees and families, enjoy the R1 zoning. In the surrounding blocks there is already traffic from the Kindergarten Center, the Upper Elementary, the Nursing Home, the Storm Shelter, some apartments and the College. Plus children, parents, and grandparents walking to and from schools. The property in question is directly across the street from the Upper Elementary playground. The surrounding blocks of 12th through 15th are basically one way during school hours, unless you drive in someone’ s yard. The proposed build would be 4 houses, for 8 or more people and 8 more vehicles adding to the already congested streets and hazards for the children. We are not against tiny home or growth, just the location.” The second speaker, Mr. Goins, declined to speak as he stated Mr. Estep had addressed all of his concerns.

3b- Summer Miner then spoke for herself and spouse Mike Miner. She provided a printed hand-out of their building proposal which included measurements and house plans. Stating that there is a real need for housing in Ozark and we have a business and family here. We are proposing to build 3800 square-foot homes on the back of the lot. There will be a 20-foot street to access the houses with concrete parking areas with sidewalks to front and back doors. None of the houses face each other. On the corner of 14th and Kelly is a house with an above- ground storm shelter and a shop. They will be taking these down and building a 1, 035 square- foot, 3-bedroom home. It will face 14th Street as does the existing house. Each of the smaller homes exceeds the requirements (shown in handout) of an R-3 zoning requirement. Councilmember Argest Hyler asked it all of the smaller homes were 2- bedrooms. Mrs. Miner answered yes, the three smaller ones will be with the two larger homes being 3- bedroom. He then asked how big the city lot was and she answered that it is 198. 5 ft.—just at one acre. Mrs. Miner then stated” I know there is opposition to our project and did not intend to mention it as I was supposed to speak first. We have a daughter in elementary school in Ozark as well as two older children in high school. It would never be our intention to harm children anywhere in any neighborhood. We know traffic is an issue, we are anticipating possibly 6 additional vehicles. There is traffic congestion in the area, but it is limited to about an hour in the morning and 30 minutes to an hour in the afternoon. We do not believe this justifies denying such a need for housing.”

3c- In discussion, Councilmember Charlie Meeker stated that he thought it was a good proposal as there is R2 zoning in the area already and removing the older structures will improve visibility. Councilmember David Mahon then spoke as chairman of the Planning and Zoning Committee. The Committee heard the proposal at their last meeting. A motion was made but no second was given. There was one member absent. The other 2 members did not want to second
the motion as they were going to vote against the motion so it died due to lack of a second. He stated the Council has always followed the lead of the P& Z Committee although to be fair, no recommendation was given by the P& Z so to speak. He then stated he had an Ordinance done, but someone has changed it on me and he was very disappointed in that. However, he would like it reflected that the P&Z Committee had entertained the motion but had no second. Mr. Barham then pointed out that the wording was still there. David responded okay, it was just moved, never mind, I just wanted everyone to be aware that P&Z had seen the motion. He then pointed out that considering size, the most value for the landowner would be to have 4 full-size houses instead of 3 smaller and one full-sized one. There was some discussion regarding set-back requirements and the need to rezone. It was decided the set-back requirements were met for either zoning and to move ahead.

A motion was made by Charlie Meeker to have Ordinance 2023- 5 read. This was seconded by Argest Hyler. Upon a roll call vote, all Councilmembers voted yes and Mr. Barham read the Ordinance. After reading, there were questions regarding the accuracy of the legal description. David Mahon made a motion to amend the Ordinance striking the suspect legal description and using the physical address only. This was seconded by Argest Hyler. Upon a roll call vote Councilmembers Maier, Mahon, Harris, Meeker, and Hyler voted yes. Councilmember Randy Melton voted no. Argest Hyler made a motion to dispense with the 2nd and Yd readings and proceed by title only. This was seconded by Charlie Meeker. Upon a roll call vote Councilmembers Maier, Mahon, Harris, Meeker, and Hyler voted yes. Councilmember Randy Melton voted no. A motion was made by Charlie Meeker to approve the Ordinance. This was seconded by Argest Hyler. Upon a roll call vote Councilmembers Maier, Harris, Meeker and Hyler voted yes. Councilmember David Mahon voted no, stating that he would not vote against the wishes of the P&Z. Councilmember Randy Melton also voted no. Ordinance 2023-5 was approved by a vote of 4-2.

3d- Community Center Director Brooke Rosson attended a workshop by WAPDD to learn about the matching grant application process. She will be putting out surveys for suggestions from the community about what the public would like to see done in our parks. Any grant we do receive will be 50/50. Most of the restrooms in our parks are not ADA compliant which will be a great factor in getting approved. Any suggestions from the public, such as additional park equipment etc. are welcome. They will be presented to the Parks& Recreation Committee.

3e- Councilmember Randy Melton spoke on the sidewalk project from the roundabout to the Junior High. The ARDOT grant was not feasible timewise nor would it cover enough of the costs. Since the City has received money from a Blackhills Energy grant( they paid for half of the walking trail at the CC) we cannot apply. Chad Haberer, through the school, will be applying for the grant which will be a 50/ 50 type. We have a conservative cost estimate of$ 42, 000. 00. If the grant from Blackhills is not approved, the City will go 50/ 50 with the school. We need to put our children’ s safety first. Brooke has an aerial map and specs for the area. Robert Gresham from the Street Department stated that there is a lot of dirt work to be done, but we still have leftover dirt from Nabholz. Argest Hyler asked about a time fame and Randy said the sooner the better. David Mahon stated with an estimated cost of$42, 000. 00 we can at least start the dirt work. Argest Hyler made a motion to start the dirt work, seconded by Randy Melton. Upon a roll call vote, all Councilmembers voted aye and the motion was approved.

3f- On May 25, 2023 the Housing Authority of the City of Ozark, Arkansas voted to renew the term of Board Chairman, Ruth Hoffman, which will now expire October 31, 2025. They asked that the Ozark City Council confirm this decision. Randy Melton made a motion to approve their selection of Ruth Hoffman as Board Chairman, seconded by Loren Maier. Upon a roll call vote, all Councilmembers voted aye and the motion was approved.

3g Discussion of old street signs. The main question is what to do with the old street signs. There are multiple people wanting specific street signs. How can we be fair in selling or auctioning them off? Are we allowed to sell/auction them? Mr. Barham stated that the Mayor can declare them excess property and then the City can dispose of them as we see fit. It was decided to send the matter to the Street& Water Committee to decide of a fair way to accomplish this
after all signs have been replaced and we can get public input.

3h- There was a printed handout to accompany the discussion of the observance of Juneteenth. The ARML has left it up to the cities to decide if or how to observe. It is a Federal holiday meaning Banks& Post Offices will be closed. The Cities of Paris, Clarksville, and Charleston are not observing it, but Altus, Alma, and Mulberry are. Franklin County offices are not. Due to the proximity of the date (next week), it was agreed to table the issue until July’s meeting.

3i- Resolution 2023- 8 ” A Resolution approving the information technology project costs from the switching of providers, including upgrades, and cameras for the Police Department with contingency costs.” A motion was made by Randy Melton and seconded by Charlie Meeker for the Resolution to be read. Upon a roll call vote, all Councilmembers voted aye and Mr. Barham read the Resolution. After finishing the reading, Mr. Barham noted that Section 6 could be stricken from the Resolution. David Mahon then noted that no amounts were printed in the Resolution. He then made a motion to strike Section 6 and to also add the amount of Project costs of$ 151, 856.06 with contingency costs of$ 10, 000. 00. This was seconded by Loren Maier. Upon a roll call vote, all Councilmembers voted aye and the amendment was approved. It was then noted that the cameras were being purchased for the City Complex not just the Police Department. David Mahon made a motion to amend the Resolution and change the wording from Police Department to City Complex. This was seconded by Argest Hyler. Upon a roll call vote, all Councilmembers voted aye and the Resolution was amended. A motion was then made by David Mahon to approve Resolution 2023- 8 as amended with both corrections. This was seconded by Argest Hyler. Upon a roll call vote, all Councilmembers voted aye and Resolution 2023- 8 was approved.

3j Resolution 2023- 9″ A Resolution approving the entering into an agreement with Wave Rural Connect as secondary provider of internet service to the City of Ozark.” We are already under contract with Wave for a year as part of their standard service contract upon set-up. Randy Melton stated that we don’ t need this resolution. We will need one for the Ritter contract at next month’ s meeting containing the amount of$943. 00 per month times 3 years. Strike this resolution number.

3k. Resolution 2023- 10 ( Now Resolution 2023- 9)” A Resolution approving the extension of city sanitary sewer service along Hillbilly Loop and 18′ Street( Also call State Highway No
23) and providing for the expense thereof.” Argest Hyler made a motion to read, then noted that no cost is given. Tonya Talkington, Water Dept. Supervisor stated that the costs that she had given were only for a conceptual project and not hard numbers. Minutes from the Special Meeting held May 26, 2023. Mayor Hall pointed out that today’ s vote was simply a yes or no vote as to whether or not to help. The motion made and approved was for sewer lines to be installed on Hillbilly Loop and North 181( State Hwy 23) with the costs to be halved with the developer and the city. David Mahon stated we need more facts and an amount set before moving forward. Tonya stated that the developer’ s engineers have to submit plans to the State Health Department for approval and if approved we are in agreement with them. Randy Melton stated our agreement is covered in the minutes of the meeting. All Councilmembers were in agreement to drop the Resolution until we get further figures. It was noted that there is a P&Z Meeting on Thursday, June 22, 2023, and a Special City Council Meeting on Friday, June 23, 2023.

David Mahon: May I be added to the Agenda? I would like a motion to bring one Ordinance to Council and speak on another. I don’ t think I should have to but I want to bring an Ordinance to amend our Policy& Procedure handbook, and the other is regarding our City
Attorney.

Randy Melton: Did you pre-send out what you want to discuss?

David Mahon: I have it right here. (Passes out a printed hand- out) The first page is Ordinance 2023- 1 where there is no mention of rules for the agenda. The second page is City
Policy 6. 13 City Vehicles. I would like to add an Ordinance to amend P& P regarding city
vehicles.

Mr. Barham: We need a motion.

David Mahon: Can I make the motion?

Mr. Barham: Yes

David Mahon: I would like to make a motion to add an Ordinance to the agenda to amend the P&P handbook regarding city vehicles usage.

Argest Hyler: Second

David Mahon: I want to speak regarding the City Attorney too, but that will need to be a separate motion, right?

Mayor Hall: Yes, for record keeping purposes.

Roll call began, with Council members reading handout and questioning procedure. Angela Harris asked ifthis was just for discussion. David stated that he would be presenting an
Ordinance to them after discussion. Charlie Meeker questioned ifthis was for the special meeting. Mayor Hall stated no, it is to discuss the current handout tonight.

Randy Melton: Why did we not discuss this in a meeting?

David Mahon: Because you cancelled the meeting.

Randy Melton: IfI had known there was an issue, I would have been glad to have had a meeting.

David Mahon: I have brought up concerns with you before about city vehicle usage.

Randy Melton: Yes, we have discussed it before and if you had come to me and said we need to have a meeting about this, I would have been glad to have a meeting. I’ m not trying to
keep anything from you.

David Mahon: Well, at the end of the day… Sorry, but you’ ve cancelled meetings on me before. I’ ve been told before I can’ t bring this up at this meeting, I can’ t bring that up at that
meeting…

Randy Melton: So you’re going to draw a line in the sand tonight?

David Mahon: Yes

Randy Melton: I hate that, I really do, ifthat’ s the way you are going to be, I hate it. It’s not good for our city. I have never tried to keep anything from you. I resent that you say that I
am keeping something from you. I try to keep everything open for everybody.

Mr. Barham: Is discussion ended.

David Mahon: She was still writing. I thought she was catching up.

Susan Stevens: We have a motion on the floor to add this to the agenda by David with a second from Argest. We need a roll call to add it to the agenda.

Mr. Barham: I thought we did that.

Mayor Hall: We started it but began discussion.

On a roll call vote, all Council members voted aye and the topic was added to the agenda. Included in the handout was a copy of the Municipal Vehicle Program. David stated that
our policy shows a bare minimum of liability coverage. The League provides zero coverage of bodily injury for a city employee because it is covered by Workman’ s Compensation. Do we have liability coverage on anything over$ 25, 000.00.

Mr. Barham: The Supreme Court says that cities are immune anyway but because there is a mandatory coverage provision statute regarding insurance, the city is immune to any Torte
except for wanton or willful negligence.

David Mahon: So the way that I read it and from what the ARML representative I spoke with said that the city would be liable for anything above $ 25, 000. 00 and that Torte immunity
did not extend.

Mr. Barham: That person is not a lawyer. There is another lawyer who is nodding his head that I am right. The city is immune.

Citizen: What happens when someone who is not an employee rides in a city vehicle.

David Mahon: I was just getting to that. The city would be liable, absolutely, because they would not be covered by Workman’ s Compensation.

Mr. Barham: A claim could be made to the ARML and then to city, people riding in cars sue all the time. But they will not win because the city is still immune.

David Mahon: So even if, worst case scenario, someone runs over a child, they can’ t sue the city?

Mr. Barham: They can sue but they will not win because cities are immune. You can sue the Federal Government, but the Arkansas Supreme Court upholds governmental immunity even due to negligence of any kind for all government services such as sidewalks, streets, parks— its immunity.

David Mahon: Immunity unless it is negligence.

Mr. Barham: It is immunity from negligence except in the case of extreme wanton negligence rising to the level of willfulness.

David Mahon: Well, obviously I need to do more research. I will not be pursuing this if the city is not liable for anything, no matter what.

Mr. Barham: I didn’ t say that. I said it is not liable for negligent action unless wanton such as drinking a 12 pack of beer and climbing in a city vehicle.

David Mahon: What about running a stop sign? Wanton or negligent

Mr. Barham: No, negligent

David Mahon: I will go back to my research board.

Mr. Barham: It has to be extreme.

David Mahon: That is not the way I understood it. Thank you for correcting me.

Mr. Barham: Let’ s bring it on with firing me.

David Mahon: I would like to talk about dismissing of Kevin…

Mayor Hall: You need to make a motion to add it to the agenda.

David Mahon: Oh yes, I meant to say it like that. I would like to make a motion to add the possibility of dismissing Kevin Barham as our City Attorney to the agenda.

Mr. Barham: Calls for a second.

Mayor Hall: No second. Motion dies.

There was no Public Input

Announcements: * The City of Ozark will celebrate Independence Day on July 3`d at the East End Park. The celebration begins at 4:00 pm. The is a Cardboard Boat Race at 4:OOpm. Mr. Cabbagehead and the Screaming Radishes will perform at 7: 30 pm. Fireworks are set to begin at 9: 45 pm. Plenty of food and fun for the whole family. * Summerfest Carnival will be at the Fairgrounds Wednesday through Saturday( June 14- 17) 6:00 pm until 10:00 pm. Armbands will be available. * Ozark Police Officer Tyler Williams was commended for positive interactions with young people in our Community.

Council member David Mahon then asked to speak. He stated that this was his 6h Council Meeting and that they have been a fake since the beginning. At the February 13 meeting we were asked to consider Ordinance 2023- 1 for the appropriation offunds for the Street Department for new signs. The Budget Chair stated that he had inadvertently left the funding off ofthe budget. However, the Street Superintendent was told on November 17, 2022 to order the signs by a Councilmember who is no longer here. The signs were not ordered February 6, 2023 and delivered on February 10, 2023, before the appropriation was even presented or approved. I was told that I personally attacked the Street Department Superintendent. I don’ t know how he took that as a personal attack when I wasjust asking questions. After the meeting I was told to message any questions I may have to him before the Council meeting. I was told to bring any questions to the Council meeting and that I could not speak to just anybody and everybody as I so choose. So I bring my questions to the Council meetings to discuss because I believe the public has a right to know what is being discussed and it is not behind closed doors. At the January 26, 2023 Policy& Personnel meeting I brought up vehicle maintenance records as well as GPS tracker programs that I believe should be implemented. Three ofthe four Department Head’s present at the meeting that night threatened to quit if a GPS tracker was put on their vehicle. After that, I was told that this was not an appropriate place to bring this up, and that it needed to be brought up at a Street& Water Committee meeting. However, this is a change to Policy that I was bringing to a Policy& Personnel meeting.

Randy Melton: Before you go on, I would like to make note that you sent me a text in the middle ofthe meeting to say that you had something to discuss without stating what it was. Let’s make sure everyone knows that.

David Mahon: Sure. At the February 23, 2023 Cemetery Committee meeting I brought up the possibility of not placing flowers on the ground in the spring and summer to make mowing less time consuming for the Street Department. This was actually an idea that had been brought up before and not generated by me. I was told again that this was not the proper place to bring this issue up and it should go before the Street& Water Committee since the Street Department handles the mowing. At the March 23, 2023 meeting ofthe Street& Water Committee I brought up the matter and was told that it was a bad idea and the community would not support it. A 5-year plan was mentioned in making changes so there was at least one positive, but a 5-year planis not really acceptable. When bringing up the vehicle policy, I was told that just by talking about it I was not showing that I trusted the department heads to do their jobs properly and to manage their people, but these are the same department heads who had threatened to quit.

It was also stated by three Council members that they would not vote for the GPS regardless. * At this point, Fire ChiefNick Trotter raised his hand to speak and David stated that
he would get to him in just a minute.* They( Councilmembers) did not state their feelings on the matter or why, just that they would not do it. At the time ofthat meeting, I had personally talked to 300 citizens who are not employees of or associated with the city. There was one person who said there would not be a GPS at all. At the Street& Water Committee meeting I asked why the Water Department is its own financial entity, separate from the city, it has a separate payday, nothing goes through the city treasurer who is responsible for city funds, and they have an auditor separate from the State Auditor. I did express this to everybody and specifically after the meeting I did talk to the Mayor about it and why I did not like the Water Department being opposite from the city in everything they do. At this time I don’ t believe anything has changed.

At this point, David asked Nick if he wished to speak.*

Nick Trotter: I would like to make a record that neither I nor the other two department heads said that we would quit. (Water Department Head Tonya Talkington verbally agreed.) We
said that we would leave our vehicles at our respective work places, but we never said that we would quit.

David Mahon: Well, so, anyway… on June 2, 2023 I requested A&P records from City Hall and was told that I needed to contact the Chamber ofCommerce. Note that the A&P tax is
paid to the City at City Hall and deposited into the General Account.

Sarah Rodriguez, Director of Ozark Area Chamber ofCommerce, stated that she is prepared to address this matter. She had three print- outs— The A&P Contract, The A&P Lease
Agreement, and Title 26- 75- 605to hand out.

Mr. Barham: This is why we have advance notice.

Randy Melton: Exactly.

Sarah Rodriguez: Sorry to keep everyone waiting, but this is important. The Chamber has the management contract for the A&P which is why Jennifer( Admin.Asst) referred you to me. The City only accepts the money and sets up the service contract for the following year. At the end of the year these are sent out to A&P members to sign and pay. I have spoken with a certified A&P representative from Van Buren and they handle their own, but the city handles ours. We handle everything for the A&P to include the tourist information center, display shelving for area brochures, and all oftheir administrative budget meetings. I actually do more work for the A&P than I do for the Chamber of Commerce. I was out of town, but you have my cell phone number.

David Mahon: No, I do not.

Sarah Rodriguez; Well, I have talked to you on my phone, so you should have the number, and City Hall would have given it to you also. I have all the information that you were
wanting stored on my phone and you could have had it that day instead June 12. I’ m pretty sure that you have talked to many other people, not just Jennifer and they could have told you that I have the information on my phone. Not because I am” keeper of the grail” but because that is how I operate. Angela Hams has asked me for information multiple times and all I have to do is text it to her. My job is not at my office, but I am accessible at all times. We talk about stuff, whenever anyone needs it, they message me on Facebook. You operate the same way. You have contacted me through Facebook a thousand times, so you could have contacted me this way. Next handout—I’ m not sure you understand the Council’ s relationship with the A&P, I’ m not sure you do. The A&P was initially set up by the Mayor and the Council. On most Commissions, the Mayor appoints the replacements, but not ours, we are different.

David Mahon: That is my question, because they are totally different.

Sarah Rodriguez: So, do you understand how it works?

David Mahon: I think I have a pretty good idea of how it works.

Sarah Rodriguez: Well, this handout will help you and everyone in here. In our first quarter meeting we voted to redo our A&P Ordinance to match state law Title 26 ACA 26- 75-
605. The Mayor and the entire Commission dually appointed the A&P Commissioner with everyone in agreement until we can get an Ordinance completed. Now, in less than ten minutes I have explained how everything works. I am always happy to answer any questions, ifI am contacted. I have been here for four years and now for the first time, the A&P, the Chamber of Commerce, Main Street Ozark and the City Council are all on the same page. The way to accomplish this is through being transparent and answering any questions that arise and to just trust that we are going to work together. I don’ t want anyone to think that I will not be transparent in any way with information that I have. Do I have all the answers? Absolutely not. But I will find out for you, because I am committed to working with everyone.

David Mahon: In the agreement, it states that the City collects the taxes and when I requested the spreadsheet from the City, they didn’ t provide it.

Sarah Rodriguez: That is because you did not know what spreadsheet you wanted.

David Mahon: I knew exactly what spreadsheet I wanted.

Sarah Rodriguez: Jennifer said that you did not, so we thought you wanted the report of what we had approved for reimbursements.

David Mahon: No

Sarah Rodriguez: That’ s the spreadsheet that we refer to. And she sent it to you.

David Mahon: Yes, but only after Kevin called.

Sarah Rodriguez: To be fair you asked for it on Friday and you got it on Monday.

David Mahon: It was Tuesday.

Sarah Rodriguez: Still under the FOIA of three days. Is there anything else?

David Mahon: No, that was it.

Sarah Rodriguez: Alright. I will give you my phone number and you feel free to contact
me with any questions.

David Mahon: To continue, I had asked for the tax records from the City as stated in the Agreement. I called the City Attorney and he said he did not know why they would not be
provided and he would speak with the Mayor. On Tuesday, June 6th I requested to be put on the agenda. On the 7th I was told I could not be added to the agenda as it was past the print time of the Spectator. According to everything I have seen, heard or read, says that I can bring anything to the Council, regardless of what you think or feel. I was just honestly trying to be nice in asking to be added to the agenda and had push back from Kevin Barham. Anyway, the Mayor told me that I have overstepped and that I need to know my place and get in line. And I know that she has told others. I believe that all that has been said by the Mayor and others has been an attempt to silence me, to keep me from doing exactly what I’ m doing today, because they are afraid of what I am going to do or say. Also, I hate that you would not talk about firing the City Attorney. I have sat here and listened to Roxie, Randy and Charlie state that he was not doing his job.

Randy Melton: I never said that.

David Mahon: You absolutely did.

Randy Melton: I did not say that.

David Melton: Yes, you did. Argest Hyer was there.

Randy Melton: So now you will call me a liar,

David Mahon: Argest was there, he heard you,

Randy Melton: If I said that, it was not with intent. We all have aspects of our jobs that
we could do better and improve on. But as far as firing Kevin tonight, that was not my intent.

David Mahon: Mayor, you have stated that he needs to go.

Mayor Hall: I have not said that, I have said that there is room for improvement.

David Mahon: No you have said he needs to go.

Mr. Barham: I resent the implication that as an attorney, I am not doing my job. Especially when you have not deigned to attend any court session to see what it is that I do. You
have no idea what I do. Everyone wants to sit and talk behind my back, but make no effort to verify any opinions. I told you this afternoon on the phone what my job is. It is to keep check of the police officers as well as the criminals. I am a prosecuting attorney, bound by the law to seek the truth. I am not after convictions or hiking up the fines in the city, you damn well better get somebody else because I am not going to do that. I am going to do my job as I professionally know it. I have practiced law for almost 40 years, and prosecuted for about 35 ofthat. I have been a judge in traffic court. And I take my job seriously. Sometimes I am handicapped in the case of getting a new judge where different procedures are used and working together has to be worked out over a period oftime. I work well with Judge Capp, and now after a year, everything is working fine. There are times that I see tickets that never should have been written, or when a report is written that does not support the ticket that has been written. You may go through the docket any time that you want. I have had the Mayor call me and ask about cases on the docket and we have gone over them one by one and the reasons for dismissing the case was understood. If you have questions, I will do the same for you, but don’ t you challenge me about doing my damn job when you haven’ t even shown up to see what my job is. You’ve never even asked me a question about my job. I have talked to you at night, on weekends, on Sundays when you have called, and let me tell you this, as City Attorney, I don’t have an obligation to talk to you. I have an obligation to represent the Council and answer any questions they may have. You, sir, are not the City Council, so don’ t call my number again and don’ t text me again. If you have any questions, you bring them here and I will answer your damn questions, but don’ t call me again. And that’ s all I have to say.

David Mahon: So you are going to refuse my calls? Does this pertain to all the Council?

Mr. Barham: Yes, I can talk to whoever I want to talk to. I only have to talk to the City Council and the Mayor. You are not the City Council. You think you are the Mayor. You go through to all the Department Heads and try to turn them against the Mayor. All of your problems, David, are because ofhow you have acted. If you would back up a little, and be a little bit friendlier with people and not be aggressive and overbearing. You do not know what you are doing. You are trying to set policy. That is not your job. Micromanaging is not your job.

David Mahon: Well, thank you for cussing at me and telling me that you will not be taking my calls.

Mr. Barham: I did not cuss at you, I stated my opinion.

David Mahon: I make a motion to adjourn.

Mayor Hall: I will make that call, Mr. Mahon. I need a motion from the Council to adjourn.

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

Minutes for the Ozark City Council Meeting held Monday, June 12, 2023 were approved and passed this 10d’ day of July, 2023.

Mayor Roxie Hall

City Clerk Susan Stevens