BRYANT CITY COUNCIL AGENDA

AUGUST 13TH, 2009 7PM

BOSWELL MUNICIPAL COMPLEX

CALL TO ORDER
A MOMENT OF SILENT PRAYER
THE PLEDGE OF ALLEGIANCE
APPROVAL OF JULY 9TH COUNCIL MEETING MINUTES
APPROVAL OF JULY 23RD SPECIAL MEETING MINUTES
APPROVAL OF JULY GENERAL FINANCIAL REPORT
APPROVAL OF JULY WATER/WASTEWATER FINANCIAL REPORT
COMMITTEE & COMMISSION REPORTS-
ANNOUNCEMENTS-
PUBLIC COMMENTS

OLD BUSINESS

1. STORMWATER MANAGEMENT UPDATE (Public Works Director)

2. FINANCE UPDATE (Finance Director)

NEW BUSINESS

1. FIRST READING- AN ORDINANCE TO AMEND ORDINANCE No. 2006-02 FOR THE PURPOSE OF INCREASING
VARIOUS FEES AND FOR OTHER PURPOSES (Finance)

2. FIRST READING- AN ORDINANCE TO ESTABLISH AN IDENTITY THEFT PROGRAM; TO COMPLY WITH FEDERAL
REGULATIONS RELATING TO ADDRESS DISCREPANCIES AND TO COMPLY WITH FEDERAL REGULATIONS
RELATING TO RED FLAGS AND IDENTITY THEFT (City Attorney)

3. FIRST READING- AN ORDINANCE TO REZONE CERTAIN PROPERTY TO PUD ZONING- (Jeremiah Oltman)
(Planning Department)

4. APPROVAL OF AN 8” WATER MAIN EXTENSION WITH FIRE HYDRANT FOR COMMUNITY PARK CHURCH
(Water/Wastewater) (Approved by Water Committee)

5. APPROVAL OF PRE ANNEXATION AGREEMENT (Michael Carnahan) (Planning Department)

6. APPROVAL FOR DAKTRONICS SPORTS MARKETING AGREEMENT (Customized Marketing Agreement) (Parks)
(Recommendation to approve by Finance & Personnel Committee)

7. APPROVAL OF SYSTEM ADMINISTRATION JOB DESCRIPTION (Recommendation to approve by Finance &

Personnel Committee) (HR)

8. APPROVAL OF ARWARN (Recommendation to approve by Finance & Personnel Committee) (Finance)

9. APPROVAL OF MAINTENANCE PHASE 11 ($50,000) (Street)

10. APPROVAL OF OVERLAY PHASE 11 ($500,000.00) (Recommendation to approve by Finance & Personnel
Committee) (Street)

11. APPROVAL OF JACOBS AS ENGINEERING FIRM FOR ROAD DEVELOPMENT PROJECTS (Recommendation to
approve by Finance & Personnel Committee) (Public Works)

12. FIRST READING- TO IMPOSE SERVICE FEES FOR COURT COSTS PAID BY CREDIT CARDS AND FOR OTHER
PURPOSES (COURT) (Recommendation to approve by Finance & Personnel Committee)

WORKSHOP

COUNCIL COMMENTS
MOTION TO ADJOURN
BRYANT SPECIAL CITY COUNCIL MEETING JULY 23, 2009

Date/Time/Location July 23, 2009 6:00PM

Bryant Municipal Complex

Councilpersons Present: Chris Tipton, Ken Green,

Robby Young, Danny Steele,
Scott Curtis, Steve Gladden (present by conference
call)

Councilpersons Absent: Ed Collins, Adrian Henley

City Officials and Staff Present: Mayor Larry Mitchell

City Clerk Brenda Cockerham
City Attorney Nga Mahfouz
Public Works Director Richard Penn
System Assistant Ricky Everhart

The meeting was called to order by the Mayor.

A MOMENT OF SILENT PRAYER
THE PLEDGE OF ALLEGIANCE

NEW BUSINESS

APPROVAL OF LOWEST BIDDER FOR THE PARKS AQUATIC CENTER (DAYCO) ($4,435,000.00)
Motion to approve: Steele seconded by: Tipton 6 ayes

APPROVAL OF PAY RATE FOR STREET DEPARTMENT

Motion to approve: Tipton seconded by: Green 6 ayes

Council Comments: none

Motion to adjourn: Green seconded by: Young 6 ayes

__________________________
Larry Mitchell, Mayor

_______________________________
Brenda Cockerham, City Clerk

July 23, 2009

Date

1
 August 10, 2009
CITY OF BRYANT

ENGINEERING DEPARTMENT

PROJECT: Stormwater Drainage Improvements for Forest STATUS REPORT #28

Cove Area Watershed

NEW INFORMATION NOTED IN RED

GOAL: Reduce intermittent flooding problems due to intense rainfall events.

OBJECTIVE: Improve stormwater drainage in Forest Cove, Sunset Meadows, West

Pointe, Springhill Acres, Springhill Manor, Sherwood Estates, and
Northridge Subdivisions by identifying specific items which can be
implemented without causing additional harm to upstream or downstream
residents at any point in the watershed. Possible changes include raising
detention pond levees to increase storage volume, acquiring land to
increase pond sizes or create new detention ponds, increase stream width
of creek through Sunset Meadows, install new drains behind houses to get
stormwater underground before running overland into streets. Project
scope is expanded to include full length of Shoal Creek to Hurricane Creek.

MILESTONES:
1. FTN Associates, Ltd. completed the hydraulic analysis and prepared an
Executive Summary in July, 2007 for Forest Cove Area Watershed.

2. The council approved the purchase of all box culverts recommended by

FTN for Forest Cove Area Watershed in a special meeting April 16,
2008. Purchase orders were issued April 17, 2008.

STATUS:
1. Mid-State Construction (Darrell Hall) is 100% complete with the
contract for Hidden Creek Drive. Fencing and safety railing are
100% complete.

2. Design for Westpointe Phase III (Independence Drive) drainage

improvements is 100% complete. Council approval is requested to
proceed with advertising for bid; engineer’s estimate for construction
and materials is $340,000.00.

3. AHTD reviewed the city’s request for detouring traffic during

construction of the temporary bypass road for the Hwy. 5 bridge
replacement project. AHTD determined that Maintenance of Traffic
during construction will be approved for temporary bypass road only;
the request to temporarily detour traffic while constructing the
bypass road has been denied. In an email dated June 30, 2009, Kit
Carson, AHTD Survey Division, confirmed his understanding that
AHTD has suspended review of the city’s request for a permit to
replace the Hwy. 5 bridge. The suspension is based on the city’s
request (separate letter from Mayor Mitchell to Dan Flowers) to have
the Hwy. 5 bridge replacement project placed on the 2010-2013
R.T. PENN, P.E.
PUBLIC WORKS DIRECTOR
 August 10, 2009
Statewide Transportation Improvement Plan. AHTD is considering
the project to be on the STIP. The draft STIP has not been
released.

4. “Four Crossings” advertisement was suspended. Bid

opening was scheduled for April 30, 2009 at 2:00 p.m. This projects
consists of culvert replacements for Ashley Place, Evening Shade,
Jennifer Cove, and Kensington Drive. This does not include
intermediate stream improvements which connect the street
crossings (additional surveying and engineering must be approved).
Estimated cost of contracting, construction, materials, and
engineering is $880,000.00. On April 27, 2009, council approved
$24,000.00 for cost of materials for the Street Department to begin
replacement of structure at Ashlea Place (only one barrel of three
barrels to be installed at this time). Removal of the old structure at
Ashlea Place was completed on May 4, 2009. On Tuesday, May 5,
2009, council approved an additional $201,000.00 for replacement
of structures at Forest Drive, Evening Shade Drive, Jennifer Cove,
and Kensington Drive. One barrel at Ashlea Place was installed
June 3, 2009 and the street reopened on June 5, 2009. Two barrels
at Forest Drive were installed the week of June 22-26, 2009. One
barrel at Evening Shade was installed the week of July 6-10, 2009.
Installation of the culverts at Jennifer Cove and Kensington Drive
are pending the completion of Woodland Park Drive.

Further stream improvements or completion of street crossings to

full design extents will be pending additional funding from council.

5. Augusta Cove drainage improvements low bid was $63,581.11, from

Redstone Construction. Bid expired May 16, 2009. A concrete
barrier was set at the curb line where the new temporary ditch
crosses the street because of safety issues. The temporary culvert
needs to be replaced with concrete pipe in order to stabilize the
road. Estimated cost of concrete pipe (sized to the final design
requirements) and street materials is $15,000.00.

6. Rodeo Drive Short-term Improvements are organized into three

phases. Phase 1 is complete, which addressed the stream
benching activity on the Wisdom/Johnson/Ferguson properties and
cleaning out the creek upstream of the Boswell Road box culverts.
Phase 2 is complete, which addressed about 100-ft of stream
benching from Wisdom’s to Smith to Dobbins. Phase 3 will address
the stream areas on Dobbin’s property behind Smith and Larson to
Boswell’s property line. Council approved $5,800.00 for FTN to
develop the Phase 3 design, including coordination with Mr. Lex
Dobbins. The long-term 50-year stormwater conveyance design
that includes a 100-ft +/- wide drainage easement on Dobbin’s
property requires environmental assessments, Corps of Engineers
approval, etc. which are being investigated. FTN surveyed the
completed portions of stream work during the week of May 25,
2009. Computer modeling was performed this week. Computer
modeling and design for Phase 3 are ongoing.

R.T. PENN, P.E.

PUBLIC WORKS DIRECTOR
MEMO
DATE: August 5, 2009
TO: City Council Members
FROM: Finance & Personnel Committee
SUBJECT: Recommendations

1. Recommendation to approve Jacobs Engineering.

2. Recommendation to approve Daktronics Sports Marketing

Agreement.

3. Recommendation to approve the revised job description for the

System Administrator.

4. Recommendation to approve proposal for a Credit Card System

for Court and have the attorney draft a policy.

5. Recommendation to approve Maintenance Projects - Phase II

$50,000.

6. Recommendation to approve Overlay Projects – Phase II $500,000

(November 2009).

7. Recommendation to approve the increase for Water Connection

Fees with Water Impact Fees still under review.
 ORDINANCE No. 2009 – ____

AN ORDINANCE TO AMEND ORDINANCE No. 2006-02 FOR THE PURPOSE OF

INCREASING VARIOUS FEES AND FOR OTHER PURPOSES

WHEREAS, the current water connection fees are insufficient to compensate the City
for the cost associated with connecting users to its water system; and

WHEREAS, the Council has determined that an increase in fees is necessary to maintain
the efficient operations of the City’s water system.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BRYANT, ARKANSAS, SALINE COUNTY:

Section 1. Amendment to Ordinance No. 2006-02

Section 5(b) of Ordinance No. 2006-02 is hereby amended to read as follows:

(b) Water Connection Fees

The connection charge for water meters shall be as follows:

Meter Size Meter Set and Tap 2 Meter Set Only 1

5/8” $685.00 $245.00
¾” $685.00 $280.00
1” $765.00 $311.00
1” – 1.5” $1,665.00 $934.00
2” $4,765.00 $1,545.00
3” $5,000.00 Individually priced*
4” $5,500.00 Individually priced*
6” $7,500.00 Individually priced*
8” $10,000.00 Individually priced*

*Price will be based on the cost of the meter, parts, and labor.
1.
The ”Meter Set Only” fee covers only delivery of the meter and tightening the
connections to the existing setter by city personnel. This fee is unavailable if
anything other than meter-set work is required or requested. In such cases, the
regular applicable “Meter Set and Tap” fee will apply.
2.
The “Meter Set and Tap” fee covers the costs of: excavating and tapping the
main; furnishing and installing service pipe from the main to the lot line; or any
other work required for connection and setting the Meter.

Page 1 of 2
 The above fees are applicable only if the water main is on the same side of the
road as meter service.

• If the meter service is on the other side of the city street, there will be a
street bore charge added. Boring charges are available from the City upon
request.
• If the service crosses a State Highway or County Road, there will be a
bore and encasement charge added. Boring and encasement charges are
available upon request.

Section 3. General Repealer

All ordinances, resolutions, and parts thereof in conflict with this ordinance are hereby
repealed to the extent of such conflict.

Section 4. Severability

Should any section, clause, or phrase of this ordinance be declared by the courts to be
invalid, that validity shall not affect the other provisions of this Ordinance which shall be given
effect without the invalid provision or application, and to this end, the provisions of this
Ordinance are declared to be severable.

PASSED AND APPROVED this _____ day of August, 2009.

Mayor Larry Mitchell

ATTEST:

Brenda Cockerham, City Clerk

Page 2 of 2
 ORDINANCE No. 2009-_____

AN ORDINANCE TO ESTABLISH AN IDENTITY THEFT PROGRAM; TO COMPLY

WITH FEDERAL REGULATIONS RELATING TO ADDRESS DISCREPANCIES AND
TO COMPLY WITH FEDERAL REGULATIONS RELATING TO RED FLAGS AND
IDENTITY THEFT

WHEREAS, pursuant to federal law, the Federal Trade Commission adopted Identity
Theft Rules requiring the creation of certain policies relating to the use of consumer reports,
address discrepancy, and the detection , prevention, and mitigation of identity theft;

WHEREAS, the Federal Trade Commission regulations, adopted as 16 C.F.R. § 681.2,

require creditors, as defined by 15 U.S.C. § 1681a(r)(5) to adopt “red flag” policies to prevent
and mitigate identity theft with respect to covered accounts;

WHEREAS, 15 U.S.C. § 1681a(r)(5) cites 15 U.S.C. 1691a, which defines a creditor as

a person who extends, renews, or continues credit and defines “credit,” in part, as the right to
purchase property or services and defer payment therefore;

WHEREAS, the Federal Trade Commission regulations specifically include utility

companies in the definition of creditor;

WHEREAS, the City of Bryant Water and Wastewater Department is a creditor within
the meaning of 16 C.F.R. § 681.2, by virtue of providing utility services or by otherwise
accepting payment for municipal services in arrears;

WHEREAS, the Federal Trade Commission regulations define “covered account,” in

part, as an account that a creditor provides for personal, family, or household purposes that is
designed to allow multiple payments or transactions and specifies that a utility account is a
covered account;

WHEREAS, the Federal Trade Commission regulations require each creditor to adopt an
Identity Theft Prevention Program which will use red flags to detect, prevent, and mitigate
identity theft related to information used in covered accounts;

WHEREAS, the City provides water and sewer services for which payment is made after
the product is consumed or the service has otherwise been provided, which by virtue of being
utility accounts are covered accounts;

WHEREAS, the Federal Trade Commission regulations, adopted as 16 C.F.R. § 681.1,

require users of consumer credit reports to develop policies and procedures relating to address
discrepancies between information provided by a consumer and information provided by a
consumer credit company;

WHEREAS, the duly-elected governing authority of the City of Bryant is the Mayor and
Council;

Page 1 of 10
 NOW THEREFORE, be it ordained that the City of Bryant adopts the following
Identity Theft Prevention Program:

Section 1. Short Title

The program established hereunder shall be known as the Identity Theft Prevention
Program.

Section 2. Purpose

The purpose of this Ordinance is to comply with 16 C.F.R. § 681.2 in order to detect,
prevent, and mitigate identity theft by identifying and detecting identity theft red flags and by
responding to such red flags in a manner that will prevent identity theft.

Section 3. Definitions

For purposes of this Ordinance, the following definitions apply:

(a) “City” means the City of Bryant.

(b) “Covered account” means (i) an account that a financial institution or creditor
offers or maintains, primarily for personal, family, or household purposes, that involves or is
designed to permit multiple payments or transactions, such as a credit card account, mortgage
loan, automobile loan, margin account, cell phone account, utility account, checking account, or
savings account; and (ii) any other account that the financial institution or creditor offers or
maintains for which there is a reasonably foreseeable risk to customers or to the safety and
soundness of the financial institution or creditor from identity theft, including financial,
operational, compliance, reputation, or litigation risks.

(c) “Credit” means the right granted by a creditor to a debtor to defer payment of debt
or to incur debts and defer its payment or to purchase property or services and defer payment
therefore.

(d) “Creditor” means any person who regularly extends, renews, or continues credit;
any person who regularly arranges for the extension, renewal, or continuation of credit; or any
assignee of an original creditor who participates in the decision to extend, renew, or continue
credit and includes utility companies and telecommunications companies.

(e) “Customer” means a person that has a covered account with a creditor.

(f) “Identity theft” means a fraud committed or attempted using identifying

information of another person without authority;

(g) “Person” means a natural person, a corporation, government or governmental

subdivision or agency, trust, estate, partnership, cooperative, or association.

Page 2 of 10
 (h) “Personal identifying information” means a person’s credit card account
information, debit card information, bank account information, and driver’s license information,
and for a natural person includes their social security number, mother’s birth name, and date of
birth.

(i) “Red flag” means a pattern, practice, or specific activity that indicates the possible
existence of identity theft.

(j) “Service provider” means a person who provides a service directly to the City.

Section 4. Findings

(a) The City is a creditor pursuant to 16 C.F.R. § 681.2, due to its provision or
maintenance of covered accounts for which payment is made in arrears.

(b) Covered accounts offered to customers for the provision of city services include
water and sewer accounts.

(c) The processes of opening a new covered account, restoring an existing covered
account, making payments on such accounts, obtaining information regarding such accounts, or
returning deposits on such accounts, have been identified as potential processes in which identity
theft could occur.

(d) The City limits access to personal identifying information to those employees
responsible for or otherwise involved in opening or restoring covered accounts or accepting
payment for use of covered accounts. Information provided to such employees is entered
directly into the City’s computer system and is not otherwise recorded.

(e) The City recognizes that there is a risk of identity theft occurring in the following
ways:

i. Use by an applicant of another person’s personal identifying information

to establish a new covered account;

ii. Use of a previous customer’s personal identifying information by another

person in an effort to have service restored in the previous customer’s
name;

iii. Use of another person’s credit card, bank account, or other method of
payment by a customer to pay such customer’s covered account or
accounts;

iv. Use by a customer desiring to restore such customer’s covered account of

another person’s credit card, bank account, or other payment method; and

Page 3 of 10
 v. Use of another customer’s personal identifying information by another
person in an effort to receive return of a deposit paid by such customer.

Section 5. Process of Establishing a Covered Account

(a) As a precondition to opening a covered account in the City, each applicant shall
present the City with one of the following photo-bearing forms of identification to establish
personal identity: a current driver’s license, a government-issued identification card, a U.S.
military card, or U.S. military dependent ID card.

(b) Each account shall be assigned an account number and upon the customer’s
request, a personal identification number (“PIN”) which shall be unique to that account.

Section 6. Access to Covered Account Information

(a) Access to customer accounts shall be password-protected and shall be limited to

authorized city personnel.

(b) Access to customer accounts shall require verification of personal identifying

information.

(c) Any unauthorized access to or other breach of customer accounts shall be reported
immediately to the Finance Director.

(d) Personal identifying information included in customer accounts is considered

confidential and any request or demand for such information shall be immediately forwarded to
the City Attorney or the City’s staff attorney. However, nothing in this Ordinance shall be
construed as a refusal or intent to refuse to comply with the Arkansas Freedom of Information
Act.

Section 7. Credit Card Payments

(a) In the event that credit card payments which are made over the internet are
processed through a third-party service provider, such third-party service provider shall certify
that it has an adequate identity theft prevention program in place that is applicable to such
payments.

(b) All credit card payments made over the City’s website shall be entered directly
into the customer’s account information in the computer’s data base.

(c) Account statements and receipts for covered accounts shall include only the last
four (4) digits of the credit or debit card or the bank account used for payment of the covered
account.

Page 4 of 10
Section 8. Sources and Types of Red Flags.

All employees responsible for or involved in the process of opening a covered account,
restoring a covered account or accepting payment for a covered account shall check for red flags
as indicators of possible identity theft. Such red flags may include:

(a) Suspicious documents, examples of which include but are not limited to:

i. documents provided for identification which appear to be altered or

forged;

ii. identification on which the photograph or physical description is

inconsistent with the appearance of the applicant or customer;

iii. identification on which the information is inconsistent with information

provided by the applicant or customer;

iv. identification on which the information is inconsistent with readily-

accessible information that is on file with the financial institution or
creditor, such as a signature card or a recent check; or

v. an application that appears to have been altered or forged, or appears to

have been destroyed and reassembled.

(b) Suspicious personal identification, such as suspicious address change. Examples

of suspicious identifying information include but are not limited to:

i. Personal identifying information that is inconsistent with external

information sources used by the financial institution or creditor. For
example:

• The address does not match any address in the consumer report; or
• The Social Security Number (SSN) has not been issued, or is listed
on the Social Security Administration’s Death Master File.

ii. Personal identifying information provided by the customer is not

consistent with other personal identifying information provided by the
customer, such as a lack of correlation between the SSN range and date of
birth.

iii. Personal identifying information or a phone number or address, is

associated with known fraudulent applications or activities as indicated by
internal or third-party sources used by the creditor.

Page 5 of 10
 iv. Other information provided, such as fictitious mailing address, mail drop
addresses, jail addresses, invalid phone numbers, pager numbers or
answering services, is associated with fraudulent activity.

v. The SSN number is the same as that submitted by other applicants or

customers.

vi. The address or telephone number provided is the same as or similar to the
account number or telephone number submitted by an unusually large
number of applicants or customers.

vii. The applicant or customer fails to provide all required personal identifying
information on an application or in response to notification that the
application is incomplete.
viii. Personal identifying information is not consistent with personal
identifying information that is on file with the financial institution or
creditor.

ix. The applicant or customer cannot provide authenticating information

beyond that which generally would be available from a wallet or consumer
report.

(c) Unusual use of or suspicious activity relating to a covered account. Examples of

suspicious activity include:

i. Shortly following the notice of a change of address for an account, the city
receives a request for the addition of authorized users on the account.

ii. A new revolving credit account is used in a manner commonly associated

with known patterns of fraud activity. For example, the customer fails to
make the first payment or makes an initial payment but no subsequent
payments.

iii. An account is used in a manner that is not consistent with established

patterns of activity on the account. For example, nonpayment when there
is no history of late or missed payments or a material change in purchasing
or spending patterns.

iv. An account that has been inactive for a long period of time is used, taking
into consideration the type of account, the expected pattern of usage, and
other relevant factors.

v. Mail sent to the customer is returned repeatedly as undeliverable although

transactions continue to be conducted in connection with the customer’s
account.

Page 6 of 10
 vi. The City is notified that the customer is not receiving paper account
statements.

vii. The City is notified of unauthorized charges or transactions in connection

with a customer’s account.

viii. The City is notified by a customer, law enforcement, or another person

that it has opened a fraudulent account for a person engaged in identity
theft.

ix. Notice from customers, law enforcement, victims, or other reliable sources
regarding possible identity theft or phishing related to covered accounts.

Section 9. Prevention and Mitigation of Identity Theft

(a) In the event that any City employee responsible for or involved in restoring an
existing covered account or accepting payment for a covered account becomes aware of red flags
indicating possible identity theft with respect to existing covered accounts, such employee shall
use his or her discretion to determine whether such red flag or combination of red flags suggests
a threat of identity theft. If, in his or her discretion, such employee determines that identity theft
or attempted identity theft is likely or probable, such employee shall immediately report such red
flags to the Finance Director. If, in his or her discretion, such employee deems that identity theft
is unlikely or that reliable information is available to reconcile red flags, the employee shall
convey this information to the Finance Director, who may in his or her discretion determine that
no further action is necessary. If the Finance Director in his or her discretion determines that
further action is necessary, a City employee shall perform one or more of the following
responses, as determined to be appropriate by the Finance Director:

i. Contact the customer;

ii. Make the following changes to the account if, after contacting the
customer, it is apparent that someone other than the customer has accessed
the customer’s covered account;

iii. Cease attempts to collect additional charges from the customer and decline
to sell the customer’s account to a debt collector in the event that the
customer’s account has been accessed without authorization and such
access has caused additional charges to accrue;

iv. Notify a debt collector within seven (7) days of the discovery of likely or
probable identity theft relating to a customer account that has been sold to
such a debt collector in the event that a customer’s account has been sold
to a debt collector prior to the discovery of the likelihood or probability of
identity theft relating to such account;

Page 7 of 10
 v. Notify law enforcement, in the event that someone other than the customer
has accessed the customer’s account causing additional charges to accrue
or accessing personal identifying information; or

vi. Take other appropriate action to prevent or mitigate identity theft.

(b) In the event that any City employee responsible for or involved in opening a new
covered account becomes aware of red flags indicating possible identity theft with respect to an
application for a new account, such employee shall use his or her discretion to determine whether
such red flag or combination of red flags suggests a threat of identity theft. If, in his or her
discretion, such employee determines that identity theft or attempted identity theft is likely or
probable, such employee shall immediately report such red flags to the Finance Director. If, in
his or her discretion, such employee deems that identity theft is unlikely or that reliable
information is available to reconcile red flags, such employee shall convey this information to
the Finance Director, who may in his or her discretion determine that no further action is
necessary. If the Finance Director, in his or her discretion, determines that further action is
necessary, a City employee shall perform one or more of the following responses, as determined
to be appropriate by the Finance Director:

i. Request additional identifying information from the applicant;

ii. Deny the application for the new account;

iii. Notify law enforcement of possible identity theft; or

iv. Take other appropriate action to prevent or mitigate identity theft.

Section 10. Updating the Program

The City Council shall annually review and, as deemed necessary by the Council, update
the Identity Theft Prevention Program along with any relevant red flags in order to reflect
changes in risks to customers or to the safety and soundness of the City and its covered accounts
from identity theft. In so doing, the City Council shall consider the following factors and
exercise its discretion in amending the program:

(a) The City’s experiences with identity theft;

(b) Updates in methods of identity theft;

(c) Updates in customary methods used to detect, prevent, and mitigate identity theft;

(d) Updates in the types of accounts that the City offers or maintains; and

(e) Updates in service provider arrangements.

Page 8 of 10
Section 11. Program Administration

The Finance Director is responsible for oversight of the Program and for Program
implementation. The Finance Director is responsible for reviewing reports prepared by staff
regarding compliance with red flag requirements and with recommending material changes to the
program, as necessary in the opinion of the Finance Director, to address changing identity theft
risks and to identify new or discontinued types of covered accounts. Any recommended material
changes to the program shall be submitted to the City Council for consideration by the Council.

(a) The Finance Director will report to the City Council at least annually, on
compliance with the red flag requirements. The report will address material matters related to
the program and evaluate issues such as:

i. The effectiveness of the policies and procedures of the City in addressing

the risk of identity theft in connection with the opening of covered
accounts and with respect to existing covered accounts;

ii. Service provider arrangements; and

iii. Significant incidents involving identity theft and management’s response.

(b) The Finance Director is responsible for providing training to all employees
responsible for or involved in opening a new covered account, restoring an existing covered
account, or accepting payment for a covered account with respect to the implementation and
requirements of the Identity Theft Prevention Program. The Finance Director shall exercise his
or her discretion in determining the amount and substance of training necessary.

Section 12. Outside Service Providers

In the event that the City engages a service provider to perform an activity in connection
with one or more covered accounts, the Finance Director shall exercise his or her discretion in
reviewing such arrangements in order to ensure, to the best of his or her ability, that the service
provider’s activities are conducted in accordance with policies and procedures, agreed upon by
contract, that are designed to detect any red flags that may arise in the performance of the service
provider’s activities and take appropriate steps to prevent or mitigate identity theft.

Section 13. General Repealer

All ordinances, resolutions, and parts thereof in conflict with this ordinance are hereby
repealed to the extent of such conflict.

Section 14. Severability

Should any section, clause, or phrase of this ordinance be declared by the courts to be
invalid, that validity shall not affect the other provisions of this Ordinance which shall be given

Page 9 of 10
effect without the invalid provision or application, and to this end, the provisions of this
Ordinance are declared to be severable.

Section 15. Emergency Clause

The City Council, having found that an immediate need has arisen to come into
compliance with federal deadlines with respect to the implementation of this prevention
program, hereby declares an emergency and this Ordinance shall be in full force and effect
immediately upon its passage and approval.

PASSED AND APPROVED this _____ day of August, 2009.

Mayor Larry Mitchell

ATTEST:

Brenda Cockerham, City Clerk

Page 10 of 10
 DAKTRONICS

SPORTS MARKETING

DSM CUSTOMIZED MARKETING AGREEMENT

DSM AGREEMENT #

DATED

I. OVERVIEW

Daktronics Sports Marketing, a division of Daktronics, Inc., (hereinafter "DSM") agrees to consulting
and marketing services and materials (these together, the "Services") to assist in the development of
sponsorship revenues to defer or pay for the cost of new Daktronics scoring and/or video
equipment. DSM will deliver services outlined in this agreement to City of Bryant Parks and
Recreation (hereinafter "Customer"). In the event Customer does not reach sufficient advertising
revenue for equipment purchases, Customer will return all the materials to DSM at DSM's request
and agrees not to use any of DSM concepts, ideas, approaches, or strategies.

II. DSM SERVICES

DSM will implement the following plan, to include:

PHASE 1

DISCOVERY/PROJECT EVALUATION

• Review Customer's specific goals, objectives, and expectations

• Review existing sponsorships, vending and any and all marketing and/or media

agreements, plus current revenue generation

• Review what sponsorship vending and marketing/media advertising rights are available to
include in packaging
• Review similar projects/market evaluations
• Begin formulating a preliminary financial proforma for project
PHASE 2

PROJECT DEVELOPMENT

• Customer and DSM sign this Customized Marketing Agreement

• Conduct venue site visit (DSM project team)Determine project design criteria
• Evaluate product application and technology
• Target areas within the Facilities for specific component implementation
• Develop conceptual designs for evaluation within the facilities
• Determine system design costs
• Review financial proforma with updated revenue and system design costs.
• Review the feasibility of accomplishing Customer's goals, objectives and expectations
• Preliminary review of conceptuals/financial proforma with Customer
• Obtain written approvals by Customer through Customer Approval Book, which will
include:
Signed Agreement (applicable terms and conditions)

Marketing Conceptuals

Marketing Inventory Checklist (MIC)

Equipment / Services

Installation Responsibilities

Partnership Agreement Template

Graphic File Standards/Prospectus Checklist

• Finalize equipment cost

• Prepare Advertising Sales Presentation materials, which may include:
- PowerPoint

- Electronic and/or Email Advertising Prospectus

Printed Advertising Prospectus

PHASE 3

AD SALES AND CONTRAGING

• DSM will provide in-market sales support, up to 45 days after the completion of phase two
in whereas DSM and the customer will work jointly to secure revenue through sales
marketing efforts
• DSM will supply requested Advertising Prospectuses throughout the sales process
• DSM will assist in obtaining signed sponsorship/advertising agreements
• Review/present and finalize financing options with Customer
• Finalize Sales Agreement
PHASE 4

TECHNICAL CONTRACTING/PROJECT MANAGEMENT IMANUFACTURING/INSTALLATION

• Establish a detailed project installation timeline listing all manufacturing and installation
aspects of the project
• Provide all electrical, signal, mechanical, structural, installation, preliminary and final
engineering drawings
• Prepare specific equipment and installation specifications and scopes of work to prepare for
local bidding out purposes including electrical and signal, mechanical and structural, and
lifting and mounting display
• Negotiate and contract with subcontractors using standard AlA documents
• Conduct site visit that includes, but not limited to, pre-design evaluation meetings,
subcontractor walk-through negotiations, site and subcontractor inspections, major
equipment deliveries, system follow-up and system acceptance
• Ad copy management and approval
• Complete project installation requirements
• Coordinate on-site operator and maintenance training

III. As part of this Agreement, Customer shall be responsible for:

• Provide information pertaining to current and potential advertisers, sponsors or partners;

information and written documentation about contracted vendors, alumni, development,
and other associations; information and resources to create sponsorship prospectuses and
rate sheet

• Set-up appointments for sponsorship sales.

• Conduct sponsorship sales and sales presentations with DSM assistance.

• Conduct follow-up visits, and discussions with any existing or potential

advertisers/sponsors.

• Provide qualified personnel and/or operators for maintenance, logging, managing and
servicing advertising and sponsorship packages

• Perform certain Installation Responsibilities, as agreed to and accepted by Customer

IV. OSM MARKETING FEES

MARKETING FEES
• In consideration for the services provided by DSM, a sales commission of 15% will be
assessed to each successful sales execution excluding any bottling agreements, as part of
the sales agreement.

V. GENERAL CONOmONS

1. DSM and Customer shall pay their own expenses incurred in connection with this
agreement; provided, however, that if sufficient revenue is raised to enter into a sales
agreement and Customer fails to negotiate in good faith, Customer will reimburse DSM for any
and all expenses incurred in connection with DSM's services completed under this agreement
for Customer, including without limitation, creative development, research and facility
evaluations, system design and marketing plans, presentation materials, drawings and/or
renderings, travel expenses, and all other business related expenses, etc.

2. Customer acknowledges that any information, including, but not limited to, the designs,
drawings, renderings, conceptuals and/or content provided under this Agreement or any
subsequent Agreement is the exclusive protected right and property of DSM and that Customer
has no right in any of the information, designs, and/or content, except those expressly granted
by this Agreement and any subsequent Agreement by and between both parties. Therefore, any
unauthorized use of said protected right and property, including, but not limited to,
unauthorized copying, disclosure, imitation or distribution thereof, is strictly prohibited unless
prior written consent and/or assignment of said right is granted by DSM.
 DAKTRDNICS
SPORTS MARKETING

This Agreement, Its contents and conditions, iSiIC,:ePI~edbyboith

authority to enter into this Agreement

CUSTOMER
By ________________________________________________
Authorized Signature

Please Print or Type TItle

Dated _ _ _ _ _ _ _ _ __

CONTACT INFORMATION: City of Bryant Parks and Recreation

Business: City of Bryant Parks and Recreation
Name: Derek Phillips
Address: 102 N.E. 2 nd Street
Phone 501-847-7275
Fax 501-653-0823

Email Addressdphillips@cityofbryant.com

DAKTRONICS SPORTS MARKETING

Authorized Company Manager

Dated _ _ _ _ _ _ _ _ __

CONTACT INFORMATION:

331 Thirty-Second Avenue, Brookings, South Dakota 57006

ATTN: DSM Business Manager

Phone: 1-888-325-8463 Fax: 605-697-4700

This DSM Customized Marketing Agreement Is presented by:

Regional Project Development Director

DAKTRDNICS
SPORTS MARKETING
 City of Bryant
Job Description
Job Title: Systems Administrator
Department: Administration
Reports To: General Office Manager Mayor
FLSA Status: Nonexempt Exempt
Approved Date: October 22, 2001
Revised: May 26, 2006
Last Revision:

SUMMARY:
Responsible for all of the City's personal computer maintenance, trouble
shooting and inventory, including all hardware, software, and peripheral
components.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.

Other duties may be assigned.

Assembles and configures network components and associated services.

Responsible for back up system on server and verify information on backups.

Problem-solving customer service responsibilities dealing with City

employees in explanation and analysis of the City's computer information and
network needs.

Works closely with other department heads to provide information and

communication services and training.

Assists in the annual budget process for technology related purchases.

Sets up and maintains basic network operations, including assembly of

network hardware.

Write or assist in writing reports etc. in Excel, Access, etc.

Performs network troubleshooting to isolate and diagnose common network

problems.

Upgrades network hardware and software components as required.

Installs, upgrades and configures network printing, directory structures, rights,

security, software and files services.

Maintains building security system, VPN mobile system, telephone and e-

mail.

Provides users with network technical support.

Responds to needs and questions of users concerning their access of network
resources.

Establishes network users, user environments, directories, and security for

networks being installed.

Installs and tests necessary software and hardware.

Ensures the city’s compliance with software license agreements.

Ability to work over time.

Ability to interact with team members.

Regular and punctual attendance.

ESSENTIAL DUTIES AND RESPONSIBILITIES - Continued

Installs and maintains mobile data units (MDT) software and hardware.
Maintains and updates information on the City of Bryant web site.
Writes instructions to guide operating personnel.

SUPERVISORY RESPONSIBILITIES:
This job has no supervisory responsibilities. Directly supervises employee(s)
in the Information Technology Department. Carries out supervisory
responsibilities in accordance with the city’s polices and applicable laws.
Responsibilities include interviewing, hiring, and training employees;
planning, assigning, and directing work; appraising performance; rewarding
and disciplining employees subject to Mayoral approval; addressing
complaints and resolving problems.

QUALIFICATION REQUIREMENTS:
To perform this job successfully, an individual must be able to perform each
essential duty satisfactorily. The requirements listed below are representative
of the knowledge, skill, and/or ability required. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential
functions.

EDUCATION and/or EXPERIENCE:

Associate's degree or equivalent from an accredited college or technical
school in management information systems or related field Bachelor’s
degree (B. A.) from four year college or university; or two years related
experience and/or training; or equivalent combination of education and
experience.

Minimum two years professional experience in general computer

maintenance.
Knowledge/Skills in working with Windows 2000 Linux and Novel networks,
Internet/Intranet, Pc's and related software, including DOS, Word, Excel,
WordPerfect, and similar packages.

MCSE (Microsoft Certified System Engineer)

 LANGUAGE SKILLS:
Ability to read, analyzes, and interprets general business periodicals,
professional journals, technical procedures, or governmental regulations.
Ability to write reports, business correspondence, and procedure manuals.
Ability to effectively present information and respond to questions from
groups of managers, clients, customers, and the general public.

MATHEMATICAL SKILLS:
Ability to work with mathematical concepts such as probability and statistical
inference, and fundamentals of plane and solid geometry and trigonometry.
Ability to apply concepts such as fractions, percentages, ratios, and
proportions to practical situations.

REASONING ABILITY:
Ability to solve practical problems and deal with a variety of concrete
variables in situations where only limited standardization exists. Ability to
interpret a variety of instructions furnished in written, oral, diagram, or
schedule form.

CERTIFICATES, LICENSES, REGISTRATIONS:

Must have a valid Arkansas drivers license.

PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be
met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to
talk or hear. The employee frequently is required to sit and use hands to
finger, handle, or feel. The employee is occasionally required to stand; walk;
reach with hands and arms; climb or balance; and stoop, kneel, crouch, or
crawl. The employee must frequently lift and/or move up to 10 pounds and
occasionally lift and/or move up to 50 pounds. Specific vision abilities
required by this job include close vision, distance vision, peripheral vision,
depth perception, and ability to adjust focus.

WORK ENVIRONMENT: The work environment characteristics described

here are representative of those an employee encounters while performing the
essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is occasionally exposed
to outside weather conditions.

The noise level in the work environment is usually moderate.

systemoperator
 Arkansas Mutual Aid and Assistance Agreement
For
Water and Wastewater Utilities

AGREEMENT

This Agreement is made and entered into by public and private

non-profit Water and Wastewater Utilities that have, by executing
this Agreement, manifested their intent to participate in an
Intrastate Program for Mutual Aid and Assistance.

This Agreement is authorized under A.C.A. § 19-11-201, which

provides that Water and Wastewater Utilities may contract with
each other to provide services.

ARTICLE I
PURPOSE

Recognizing that emergencies may require assistance in the form

of personnel, equipment, and supplies from outside the area of
impact, the signatory utilities established an Intrastate Pro-
gram for Mutual Aid and Assistance. Through the Mutual Aid and
Assistance Program, Members coordinate response activities and
share resources during emergencies. This Agreement sets forth the
procedures and standards for the administration of the Intrastate
Mutual Aid and Assistance Program.

ARTICLE II
DEFINITIONS

A. Emergency - A natural or manmade event that is, or is

likely to be, beyond the control of the services, personnel,
equipment, and facilities of a Mutual Aid and Assistance Program
Member.

B. Member - Any public or private non-profit Water or

Wastewater Utility that manifests intent to participate in the
Mutual Aid and Assistance Program by executing this Agreement.

C. Authorized Official - An employee of a Member that is

authorized by the Member's governing board or management to
request assistance or offer assistance under this Agreement.

D. Requesting Member - A Member who requests assistance under

the Mutual Aid and Assistance Program.
E. Responding Member - A Member that responds to a request for
assistance under the Mutual Aid and Assistance Program.

F. Period of Assistance - A specified period of time when a

Responding Member assists a Re-questing Member. The period
commences when personnel, equipment, or supplies depart from a
Responding Member's facility and ends when the resources return
to their facility (portal to portal). All protections identified
in the agreement apply during this period. The specified Period
of Assistance may occur during response to or recovery from an
emergency, as previously de-fined.

G. National Incident Management System (NIMS) - A national,

standardized approach to incident management and response that
sets uniform processes and procedures for emergency response
operations.

ARTICLE III
ADMINISTRATION

The Mutual Aid and Assistance Program shall be administered

through a State Committee. The purpose of the State Committee is
to provide coordination of the Mutual Aid and Assistance program
before, during, and after an emergency. The State Committee,
under the leadership of an elected Chair, shall meet annually to
address Mutual Aid and Assistance Program issues and to review
emergency preparedness and response procedures. The State
Committee includes representatives from Arkansas Water Works &
Water Environment Association, Arkansas Rural Water Association,
Arkansas Department of Emergency Management, and Arkansas Water &
Wastewater Managers Association. Under the leadership of the
Chair, the State Committee members shall plan and coordinate
emergency planning and response activities for the Mutual Aid and
Assistance Program.

ARTICLE IV
PROCEDURES

The State Committee shall develop operational and planning

procedures for the Mutual Aid and Assistance Program. These
procedures shall be updated at least annually. The Committee
shall coordinate as appropriate with other applicable agencies.

2
 ARTICLE V
REQUESTS FOR ASSISTANCE

Member Responsibility: Members shall identify an Authorized

Official and alternates; provide contact information including
24-hour access; and maintain resource information made available
by the utility for mutual aid and assistance response.

In the event of an Emergency, a Member's Authorized Official may

request mutual aid and assistance from a participating Member.
Requests for assistance can be made orally or in writing. When
made orally, the request for personnel, equipment, and supplies
shall be prepared in writing as soon as practicable. Requests
for assistance shall be directed to the Authorized Official of
the participating Member. Specific protocols for requesting aid
shall be provided in the required procedures (Article IV).

Response to a Request for Assistance: After a Member receives

a request for assistance, the Authorized Official evaluates
whether resources are available to respond to the request for
assistance. Following the evaluation, the Authorized
Representative shall inform, as soon as possible, the Requesting
Member whether it has the resources to respond. If the Member is
willing and able to provide assistance, the Member shall inform
the Requesting Member about the type of available resources and
the approximate arrival time of such assistance.

Discretion of Responding Member's Authorized Official: Execution

of this Agreement does not create any duty to furnish assistance
when requested. When a Member receives a request for assistance,
the Authorized Official shall have absolute discretion as to the
availability of resources. An Authorized Member's decisions on
the availability of resources shall be final.

ARTICLE VI
RESPONDING MEMBER PERSONNEL

National Incident Management System: When providing assistance

under this Agreement, the Requesting Utility and Responding
Utility shall be organized and shall function under the National
Incident Management System.

Control: Responding Member personnel shall remain under the

direction and control of the Responding Member. The Requesting
Member's Authorized Official shall coordinate response
activities with the designated supervisor(s) of the Responding

3
Member(s). Whenever practical, Responding Member personnel must
be self sufficient for up to 72 hours.

Food and Shelter: The Requesting Member shall supply reasonable

food and shelter for Responding Member personnel. If the
Requesting Member fails to provide food and shelter for
Responding Personnel, the Responding Member's designated
supervisor is authorized to secure the resources necessary to
meet the needs of its personnel. The reimbursement for such
resources must not exceed the State per diem rates for that area.
The Requesting Member re-mains responsible for reimbursing the
Responding Member for all costs associated with providing food
and shelter, if such resources are not provided.

Communication: The Requesting Member shall provide Responding

Member personnel with radio equipment as available, or radio
frequency information to program existing radio, in order to
facilitate communications with local responders and utility
personnel.

Status: Unless otherwise provided by law, the Responding Member's

officers and employees retain the same privileges, immunities,
rights, duties, and benefits as provided in their respective
jurisdictions.

Licenses and Permits: To the extent permitted by law, Responding

Member personnel who hold licenses, certificates, or permits
evidencing professional, mechanical, or other skills shall be
allowed to carry out activities and tasks relevant and related to
their respective credentials during the specified Period of
Assistance.

Right to Withdraw: The Responding Member's Authorized Official

retains the right to withdraw some or all of its resources at any
time. Notice of intention to withdraw must be communicated to the
Requesting Member's Authorized Official as soon as possible, and
will be effective when made or sent by the responding member,
who shall have no further obligations or responsibilities
thereafter.

ARTICLE VII
COST REIMBURSEMENT

Unless otherwise mutually agreed in whole or in part, the

Requesting Member shall reimburse the Responding Member for each
of the following categories of costs incurred while providing
aid and assistance during the specified Period of Assistance.

4
Personnel: Responding Member personnel are to be paid for work
completed during a specified Period of Assistance according to
the terms provided in their employment. The Responding Member
designated supervisor(s) must keep accurate records of work
performed by personnel during the specified Period of Assistance.
Requesting Member reimbursement to the Responding Member must
consider all personnel costs, including salaries or hourly
wages, costs for fringe benefits, and indirect costs.

Equipment: The Requesting Member shall reimburse the Responding

Member for the use of equipment during a specified Period of
Assistance. As a minimum, rates for equipment use must be based
on the Federal Emergency Management Agency's (FEMA) Schedule of
Equipment Rates. If a Responding Member uses rates different from
those in the FEMA Schedule of Equipment Rates, the Responding
Member must provide such rates in writing to the Requesting
Member prior to supplying resources, Reimbursement for equipment
not referenced on the FEMA Schedule of Equipment Rates must be
developed based on actual recovery of costs.

Materials and Supplies: The Requesting Member must reimburse the

Responding Member in kind or at actual replacement cost for use
of expendable or non-returnable supplies. The Responding Member
must not charge direct fees or rental charges to the Requesting
Member for other supplies and reusable items that are returned to
the Responding Member in a clean, damage-free condition.
Reusable supplies that are returned to the Responding Member
with damage must be treated as expendable supplies for purposes
of cost reimbursement.

Payment Period: The Responding Member must provide an itemized

bill to the Requesting Member for all expenses it incurred as a
result of providing assistance under this Agreement. The
Requesting Member must send the itemized bill not later than
ninety (90) days following the end of the Period of Assistance.
The Requesting Member should pay the bill in full on or before
the ninetieth (90th) day following the billing date. In the event
of a utility's inability to pay, the responding utility will
agree to accept payment based on Federal Assistance granted to
the area through a Reduced Disaster Area Declaration.

ARTICLE VIII
WORKER'S COMPENSATION CLAIMS

The Responding Member is responsible for providing worker's

compensation benefits and administering worker's compensation
for its employees.

5
 ARTICLE IX
INSURANCE

Each Participating Utility shall bear the risk of its own

actions, as it does with its day-to-day operations, and determine
for itself if and what kinds of insurance, and in what amounts,
it should carry.

ARTICLE X
EFFECTIVE DATE

This Agreement shall be effective after the Water and Wastewater

Utility's authorized representative executes the Agreement and
the State Committee Chair receives the Agreement. The State
Committee Chair shall maintain a master list of all members of
the Mutual Aid and Assistance Program.

ARTICLE XI
WITHDRAWAL

A Member may withdraw at any time from this Agreement by

providing written notice of its intent to withdraw to the State
Chair and the member shall have no further responsibilities,
obligations, or liability of any nature in connection with this
agreement.

ARTICLE XII
MODIFICATION

No provision of this Agreement may be modified, altered, or

rescinded by individual parties to the Agreement. Modifications
to this Agreement may be due to programmatic operational changes
to support the agreement. Modifications require a simple majority
vote of Members. The State Committee Chair must provide written
notice to all Members of approved modifications to this
Agreement. Approved modifications take effect 60 days after the
date upon which notice is sent to the Members.

ARTICLE XIII
PRIOR AGREEMENTS

This Agreement supersedes all prior Agreements between Members to

the extent that such prior Agreements are inconsistent with this
Agreement.

6
 ARTICLE XIV
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES

This Agreement is for the sole benefit of the Members and no

person or entity must have any rights under this Agreement as a
third-party beneficiary. Assignments of benefits and delegations
of duties created by this Agreement are prohibited and must be
without effect.

ARTICLE XV
TORT IMMUNITY

This agreement shall be governed by the law of the State of

Arkansas, including, but not limited to, the provisions of
A.C.A. §21-9-301 regarding immunity from tort liability, which
shall be applicable at all times to the parties hereto. Any
legal actions in connection with this agreement must be brought
in the county in which the member has its principle office and
operation, and, if at any time it is determined, judicially or
otherwise, that any member is not, accordingly immune from tort
liability, this agreement shall be null and void and of no
effect for any purpose as to that member.

Now, therefore, in consideration of the covenants and

obligations set forth in this Agreement, the Water and
Wastewater Utility listed here manifests its intent to be a
Member of the Arkansas Mutual Aid and Assistance Program for
Water and Wastewater Utilities by executing this Agreement on
this _____ day of _______________, 2008.

Water/Wastewater Utility: ______________________________________

By: ____________________ By: _________________________

Title: ___________________ Title: ______________________

__________________________ _____________________________
Please Print Name Please Print Name

7
 FIRM PROJECT CAPACITY RECOMMENDATION TERM RELATED EXPERIENCE PERSONNEL
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8/10/2009

CITY OF BRYANT
RD
210 SW 3 STREET
BRYANT, AR 72022

PLANNING COMMISSION MEETING MINUTES

DATE: Monday, June 8, 2009
PLACE: Bryant City Office Complex
TIME: 6:00 p.m.
PRESENT: Chairman Lance Penfield, Vice-Chairman Jonathan Long, Fred Foster,
David McCorkel, Louis Kealer, Ken Brunt, Rob Roedel, City Council Liaison
Danny Steele
ABSENT: Michael Sebren
*****************************************************************************************************************************************

Chairman Penfield opened the Commission meeting and asked for a Motion to approve the
Minutes from the May 11, 2009 Planning Commission Meeting.

Commissioner Brunt asked that the statement on Page 2 of the Minutes in the first
paragraph under Public Hearing for 5013 Springhill Road rezoning be changed to reflect
that he was the realtor for the property instead of stating he was involved in business
with the property owner.

Commissioner Foster motioned to approve the Planning Commission Meeting Minutes

from May 11, 2009 with the requested correction; motion was seconded by
Commissioner Long. Motion passed 6-0. (Commissioner McCorkel not present for the
vote on this item.)

ANNOUNCEMENTS:

Chairman Penfield stated he wants to thank the City and the Commission for the cards,
calls, flowers and gifts for the passing of his mother, which happened at the time of the
last Commission meeting.

APPLICATIONS:
None

PUBLIC HEARING:

1. BILLY SMITH – CUSTOM OUTDOOR ADVERTISING, INC. – 23478 I-30 – Requesting

to rezone property located at 23478 I-30 to C-2 (Highway Commercial). Current
zoning is R-E (Residential – No Sewer).

Vice Chairman Long abstained from this item due to his involvement in working
on their plans for the addition to the building.
Phone: 501-847-5559, ext. 227 email: www.cityofbryant.org
Fax: 501-847-2787
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 2

Eric Krebs was present to represent Mr. Smith for this request to rezone this
property.
Krebs stated Mr. Smith has owned this property for approximately 10 years and
it is currently zoned residential and since a business has operated from the
location for several years, he wants to rezone the property to commercial to
allow him to construct an addition to the business.

Commissioner Foster asked if Mr. Smith is going to add on to the existing

building or construct a new building on the site.

Krebs stated the current building is an old house with a big garage-type shop in
the back and he wants to build a 30’ x 24’ addition on the west side. He also
stated it will meet the setback requirements.

Commissioner Foster wanted to know if the new building will match the existing
one.

Krebs stated it will match.

Chairman Penfield asked if there were any other questions from the
Commissioners and there were none.

Penfield then asked if anyone from the public wished to speak or had any
questions and seeing none, asked for a roll call vote.

A roll call vote was taken to approve a request to rezone property at 23478 I-
30 from R-E to C-2. Vote passed 5-0 (Long abstained).

OLD BUSINESS:

2. COMPREHENSIVE GROWTH PLAN – Recommend approval to City Council.

Chairman Penfield reiterated that the only action the Commission is taking on
the Comprehensive Growth Plan tonight is a vote on whether or not to
recommend approval to City Council.

A roll call vote was taken to recommend approval of the Comprehensive

Growth Plan to City Council. Vote passed 6-0.

Jim von Tungeln stated that since this is a Resolution instead of an Ordinance,
there will only be one reading by the City Council.
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 3

NEW BUSINESS:
None

Chairman Penfield stated there is a request to set aside the rules to place Bristol Place
Apartments on tonight’s Agenda to review a change to the site plan.

Vice Chairman Long motioned to set aside the rules to place Bristol Place Apartments
on tonight’s Agenda; motion seconded by Commissioner Roedel. Motion passed
unanimously.

* WILLIAM CANINO – BRISTOL PLACE APARTMENTS – Request to revise Site Plan for the
Bristol Place Apartments located off Bristol Drive. Current zoning is C-2 with Conditional
Use Permit.

Chairman Penfield asked Mr. Canino to explain what they are requesting.

Mr. Canino stated they are not trying to change anything and also stated that Ms. Jones
had clearly explained the legal position of the Commission. He stated he understands
there have been several citizens in the community that have called to complain about this
development.

Canino explained that they had found that their property line, as per their surveyor, lies
about eight feet east of the existing chain link fence. He stated they didn’t anticipate
that anything other than another survey would be done and the situation would be
resolved. He stated they talked to the property owners and they were not pleased
because as far as they were concerned surveyors had established their property line many
years ago.

Canino stated they went back to their surveyor and asked what they were going to do. He
stated if the apartment owners put their fence where the existing chain link fence is,
that means they accept the homeowners’ property line. He stated they did not want to
do that for two reasons. He stated if he told the contractor to install the fence where
the chain link fence is, which accepts the neighbor’s idea of where the property line is,
he could invalidate the title insurance program and the title company would resolve it
legally. He stated they would then come to him and state that he owes them for the
problem area.

Canino stated he is in a quandry because if he goes along with the site plan that they had
submitted to the Commission and put the fence where it was approved, he feels he may
get shot by those property owners on the east side and a gentleman on the west side is
not happy with the development either.

He stated Ms. Jones had clearly shown them that the Commission doesn’t have the ability
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 4

to say one way or the other about this because it is a civil matter. He stated he hoped
since this is a Conditional Use, that they would be able to adjust it. He feels that his
hands are tied about where he can put the fence until a determination is made about the
location of the property line.

Canino stated this is not your typical commercial development. He stated this is one of
the few uses of tax payers money that he believes is a good idea. He states that even
though he is the architect on this project, he feels anytime money can be used to assist
the elderly, he thinks it is a good idea.

Canino stated additionally that he does not believe this type development does not make
the neighborhood that it is in any less of a good neighborhood. He states these type
developments and the residents are usually very good to have as neighbors.

Canino stated they had been told a Certificate of Occupancy would not be issued until
this matter is resolved. He stated if they can not get a Certificate of Occupancy, they can
not open to let people move into the apartments.

He stated besides possibly having to change the title insurance coverage if they put the
fence on the existing fence line, they also have the underlying agreement with HUD that
states they will fund this project for thirty years. He stated they have started the
process to go back through the HUD legal office and will call the title insurance company
to try to get an opinion from them, but in the mean time, their time is running. He
stated they are willing to post some sort of bond to make sure that whatever the City
wants gets done.

Canino states they would be willing to wait a few months to look at this from a
Conditional Use standpoint that is residential to residential for two reasons. He stated
they can spend this money now on a fence and that money is not saved. Canino stated it
goes into the pocket of maintenance of the development and over a period of time, they
can draw on that money to make sure that the neighborhood stays in good shape. He
stated if they spend that money for a fence, they have two things that are going on. One
is that they have a fence that is deteriorating that they must maintain and they have less
money in the reserves in order to maintain it.

Canino stated he is not exactly sure what he is asking the Planning Commission for, but he
is open to questions. He reiterated that he is well aware that the neighbors are not happy
with this, but he is in a quandary about what to do.

Chairman Penfield stated there are two things he has questions about. Penfield asked if
they got a survey when they purchased the property.

Canino stated they did get a survey.

City of Bryant
Planning Commission Minutes
June 8, 2009
Page 5

Penfield stated that based on the 2006 presentation of that survey, there were
encroachments and overlaps at that time, and he interjected that his experience with
title insurance, which is pretty extensive, is that they are going to exclude title insurance
coverage of that encroached area from their policy.

Chairman Penfield asked if the property has been deeded and that the encroachment area
more than likely was excluded from the policy at that time.

Penfield stated it has been his experience as a realtor that when developers have come
into an area and there are fences and if that fence has been there that long, he is
fighting an uphill battle.

Canino stated the fence was to be placed on their property line, but the property line,
from their side, is about eight feet into the neighbor’s yards and they don’t want to do
that. He stated the fence would be twelve inches off of their property line according to
the survey.

Richard Penn, Director of Community Development and Public Works, asked what the
problem would be with changing twelve inch typical to five feet typical?

Canino stated it is a recognition of the property line.

Penn asked why.

Penfield stated he argues that case because if that is the case, their fence has been there
for a long time and that is the property line. He stated that is going to be a court battle
which could go on for a long time.

Penfield also stated that according to the site plan, there are two buildings that are
encroaching that have probably been there longer than seven years.

Canino stated Ms. Jones checked and they have been there since the 1970’s. He also
stated he is not trying to practice law.

Chairman Penfield stated he is not practicing law, but is talking from experience. He also
stated the Planning Commission is not a court of law, but the main issue is that they are
still going to have to build a fence and it is just a five foot difference and they are going
to alienate everyone around them. He asked Mr. Canino if there is enough value in that
small strip of property to alienate the adjacent property owners.

Canino stated there is not much value in that strip of property, but for him to give them
the order to do that, he takes on the responsibility of a loss of property and either
through the title or through the HUD funding for the next thirty years, they have got a
description of what they purchased. He stated he does not know what he is taking on, so
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 6

he can’t give the contractor the order to put the fence there.

Chairman Penfield stated Mr. Canino took it that way, but he (Penfield) would be willing
to bet that if they had a survey when they closed on the property, that strip is excluded
from the title insurance. Penfield stated they would not have covered it with that fence
there.

Canino stated all of this just occurred last week and they are currently working with the
title insurance company and the representatives from HUD.

Chairman Penfield reiterated that usually title insurance will not cover an encroachment.

Canino stated they just have issues with being able to provide what the Commission
wants.

Chairmen Penfield stated the Planning Commission does not have the authority to waive
the fencing requirement written in the zoning regulations..

Richard Penn stated that is correct and if there is zoning issue, the City Council has to
change it.

Penfield stated that is a three to four month process, at best. He stated there are several
routes such as amending the zoning regulations or the screening requirements, which
would require a public hearing, for which you have to give public notification, forward it
to the City Council and there will be 1st, 2nd and 3rd readings, etc.

Penfield stated there is nothing the Commission can do legally. He also stated he has not
dealt with HUD in a situation similar to this.

Penfield stated those encroachments were there when this was first presented and that
the government should understand because this surely is not the first project where there
were overlaps.

Canino stated this is the first project where they have encountered such negative
neighbors and he states he wishes he could apologize to them, but he believes they are
giving them a better use of the property.

Penfield suggested he should try to make the property owners as happy as possible by
putting the fence where the existing fence is.

Canino stated if he could do that without assuming the responsibility of loss of funding or
taking on the responsibility of the value of that piece of property, he would be pleased.

Commissioner Roedel stated he means no disrespect but in the information given to the
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 7

Commissioners, it stated there was a hand-shake agreement between property owners

and the developers.

Canino stated he now understands that is incorrect. He stated they intended to write a
letter back at the first of the year to tell them about this situation and that they were
willing to do a quit claim deed to that property and give them the property that is
disputed, but that letter was never written. He stated he told Ms. Jones that it was
written and it was filed. The intent was to write the letter, give it to the neighbors and
let them know our position and then to file it with the clerk, so that should that property
become for sale, then a survey could be made and they could ascertain where the real
property line is.

Commissioner Roedel asked when they found out about the discrepancy in the property
line.

Canino stated they had known about that from day one, but they didn’t realize the
neighbor’s did not have a survey and did not want one to come to an answer.

Commissioner Roedel asked Mr. Canino if they bought property not knowing where the
property lines were.

Mr. Canino stated they did know where the property lines are supposed to be.

Canino stated they don’t want to go to court over this dispute. He stated their concern is
that they were trying to put people in residences and it looks like they are going to be
delayed for a month or more now.

Penfield reiterated that Mr. Canino mentioned the loss of property and stated they are
talking about approximately 3,700 square feet of property backing up to house and he
does not think they have a value problem either.

Canino stated even if it is one dollar it’s a loss. He stated the government works in funny
ways. He stated he could put something out there that would undermine their support of
this for the next thirty years and they could, but probably won’t, refuse to fund all of
this that they have agreed to because something underlying changed. He stated they
accepted the property and they accepted the survey with that known boundary dispute.
He also stated it is going to take some time to push it back uphill to get a response so he
can come to the Commission and say that they know where their property line and their
authority is and know whether they can put the fence right there or just leave it
unresolved.

Canino stated after what Ms. Jones clearly showed him, he is not sure of what he is asking
for. He stated he would not ask them to get rid of the fence, but if the neighbors would
agree that they didn’t care about the fence anymore than they cared about the resolution
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 8

of the dispute, he stated they were going to take a quit claim deed and accept their
fence and give up any claim to that property.

Commissioner Foster stated if he doesn’t know what he is asking for, then why did he
come to the Commission so quickly to get on this month’s agenda. He asked why he
didn’t wait another month and figure out what he needed to ask for.

Canino stated he is asking for a delay in the requirement for the fence and a temporary
certificate of occupancy. He further explained that he realizes he can not ask the
Commission for something they can not give him, like deleting the fence. Canino asked if
they could get a Temporary Certificate of Occupancy with a delayed installation of the
fence.

Chairman Penfield stated they do not have the authority to follow through with that type
request because the Commission is not a policing authority and asked what happens if
they don’t build the fence in three months.

Canino stated they would have a bond posted and make sure it comes to resolution. He
also stated he is asking to delay putting up the fence and he does not need to come back
before the Planning Commission, but he would like to help get those people into their
apartments. Canino stated the Commission could help the members of the community
who need to move into those apartments.

Canino stated it isn’t a questions of putting the fence up, his concern is where to put it.
He stated he can’t issue an order or take the responsibility of moving a property line.

Canino stated he thinks it is a waste of funds that could be used to maintain it and that is
a personal opinion. He also stated when it was requested to be eliminated by the people
involved in the project, he did not have any issue with it.

Penfield stated he is confused because he thought they were there to discuss whether to
put the fence on the property line, but you’re saying you think it is a waste of money to
put the fence up.

Canino reiterated that was a personal opinion of his.

Chairman Penfield stated the regulations say the fenced has to be installed.

Canino stated their only question then is if they can delay installation of the fence until
they determine where the property line is.

Penfield stated from experience that it will be a long battle for them to try to move that
property line.
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 9

Canino stated he suspects they are not going to move the property line.

Penfield stated they are going to have to put the fence up where the existing fence is and
get HUD to approve it. He also asked how long Mr. Canino thinks that process will take.

Canino stated he thinks it will take thirty days and then two weeks to install the fence.

Penfield asked Canino how much revenue would be generated for the first month to move
those residents in.

Canino stated it is not a matter of revenue, they are going to pay one third of their
income. He stated this is not a revenue generating project. He stated it is a revenue
payment by HUD.

Chairman Penfield stated he is President of Bryant House, so he understands the process

and he understands what he is up against.

Canino stated he has talked to the gentleman at HUD and he has no idea how long the
process will take. He stated they have requested information from the title company on
how they can approach this. He stated they just don’t want to delay letting folks move
in.

Commissioner Foster asked if the only thing standing in the way of them getting a
Certificate of Occupancy is a fence.

Canino stated yes.

Foster stated it sounds to him like they are holding up the people being able to move in
because if they build the fence, they will get a CO and the people can move in and the
problem is solved.

Canino asked where he is to build the fence?

Commissioner Foster stated the Planning Commission is not going to take responsibility
for moving the people in.

Foster also stated if they put the fence on other people’s property, they are going to hire
lawyers and sue them and then you won’t build a fence and people won’t move in and it
will just sit there until it is resolved.

Chairman Penfield stated the information states “line of existing fence to remain, repair
as needed.” Penfield stated it sounds like they have already conceded to the fact that
the fence is staying there and the government approved these plans.
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 10

Canino stated that is only if there is no new fence replaced.

Penfield stated if they already have it approved in that location, then that negates the
fact that Canino should have to go back to them and change that location.

Canino stated what they do is they leave the existing chain link fence there, but they
don’t try to establish a piece of property in their back yard. They would just remove the
screen fence entirely so that both parties accept the disputed property line.

Penfield stated his opinion is that they should put the fence where the other fence
currently is.

Penn stated he is concerned about the legal implication of constructing a screen. He asked
if that is the problem?

Canino stated you can put a fence anywhere but, apparently if you put it next an
established fence, it appears to be an agreement on property lines.

Penn stated there is a row of shrubs there now.

Canino stated they had added some landscaping in that area.

Penn stated if they put the screen between the curb and the shrubs, it will essentially
give the view of the shrubs to the neighbors and then the screen would be almost zero
distance behind the curb. He also stated if they put the screen on the curb, then there is
no constitutional offense or agreement with the disputed fence and he said he doesn’t
see that it would be a problem. Penn stated that way, they are not establishing a
property line.

Both Penn and Canino agreed it would not be good to put the screen on the curb.

Penfield stated this is the type issue that gets decided in court and none of them is a
judge and the only thing the Commission can do is based on Ordinance and the zoning
class they fit into. He stated the only thing the Commission can do is to recommend they
either go through the process as set forth in the memorandum, which is a 3 to 4 month
process or put the fence up. Penfield asked the Chief Building Official (Code
Enforcement) to respond to the issue.

Greg Huggs asked if there is a dispute over the north fence also.

Canino stated no, but that neighbor has clearly said that if we step one foot on his
property, he is going to shoot us.

Canino stated the fences in question are the east and west sides basically.
City of Bryant
Planning Commission Minutes
June 8, 2009
Page 11

Commissioner McCorkel asked for the recommendation from DRC and that they vote on it.

Chairman Penfield asked Commissioner McCorkel to read the DRC recommendation stating
the DRC recommends denial and that the fence be installed before a Certificate of
Occupancy is issued.

Commissioner McCorkel made a motion which was seconded by Vice Chairman Long.
Chairman Penfield asked if there was any further discussion. He then asked for a roll
call vote.

A roll call vote was taken to approve the DRC recommendation to deny the request
from Bristol Place Apartments to allow them to obtain a Temporary Certificate of
Occupancy until the fence dispute is settled. Roll call vote passed 7-0.

Canino stated to the Commission that he is not in conflict with the orders of the
Commission, but he is in conflict with issuing an order to change the value of property.

Chairmen Penfield stated he hopes Mr. Canino understands the position the Commission is
in over this issue.

Commissioner McCorkel motioned to adjourn; seconded by Commissioner Foster.

Motion passed unanimously.

____________________________________
Lance Penfield, Chairman

_________________________________
LaVenia Jones, Secretary
 ORDINANCE No. 2009 – ____

AN ORDINANCE TO IMPOSE SERVICE FEES FOR COURT COSTS PAID BY

CREDIT CARDS AND FOR OTHER PURPOSES

WHEREAS, Act 782 of 2009 permits district courts to charge a service or convenience
fee for court costs paid by credit cards; and

WHEREAS, the City Council has determined that permitting defendants the flexibility
of paying by credit card will increase the timeliness and likelihood of payment; and

WHEREAS, the Council wishes to permit defendants the convenience of making

payments by credit card, without incurring any additional cost to the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BRYANT, ARKANSAS, SALINE COUNTY:

Section 1. Service Fees For Credit Card Payments

Effective September 1, 2009, a service fee will be imposed for each credit card
transaction paid to the Bryant District Court as follows:

Less than $500.00 $10.00 fee

$500.00 or more $20.00 fee

The defendant for whom the credit card payment is being made is responsible for all
service fees imposed.

Section 2. General Repealer

All ordinances, resolutions, and parts thereof in conflict with this ordinance are hereby
repealed to the extent of such conflict.

Section 3. Severability

Should any section, clause, or phrase of this ordinance be declared by the courts to be
invalid, that validity shall not affect the other provisions of this Ordinance which shall be given
effect without the invalid provision or application, and to this end, the provisions of this
Ordinance are declared to be severable.

Section 4. Emergency Clause

The City Council, having found that an immediate need has arisen to assign the obligation for
payment of all service fees associated with credit card transactions to the parties responsible for

1
using such payment option, hereby declares an emergency and this Ordinance shall be in full
force and effect immediately upon its passage and approval.

PASSED AND APPROVED THIS _____ day of August, 2009.

Mayor Larry Mitchell

ATTEST:

Brenda Cockerham, City Clerk