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HomeMy WebLinkAbout2012-08-20 - Agendas - Finali'AYETTEVI LE PUBLIC LIBRARY Suzanne Clark, President Elizabeth Jordan, Vice President Maylon Rice, Treasurer We inspire imagination and foster learning. Board of Trustees August 20, 2012 4 pm AGENDA Regular Meeting Ann Henry Board Room Kim Agee, Secretary Brenda Boudreaux I. Call to order II. Special presentation III. Minutes A. Approval of minutes 1. June 11, 2012 regular meeting- page 2-3 A. Signed minutes 1. April 16, 2012 regular meeting- page 4-5 At Reports A. Management reports 1.. Key upcoming events ••• page 6 2. June - July Strategic Plan progress - page 7-8 3. June - July 2012 Performance Measures - page 9 4. Surnmer Reading Program 2012 (L. Greenwood) - page 10 B. Financial reports 1. Profit & Loss Budget vs. Actual through July - page 11-17 2. Balance Sheet as of July- page 18-19 V. Old business: A. Dunaway update (D. Johnson) - page 20-44 B. Gala update (S. Foley) C. Retirement plan update (D. Johnson) VL New business A. Draft budget (S. Davis) - page 45-47 13. health insurance renewa€ (D. Johnson) page 48-49 0. Vista contract (S. Foley and S. Davis) - page 50-53 0. Fidelity Bond (S. Davis) •• page 54 E. Use of P -Cards for Library Purchases (S- Davis) - page 55-58 F. Space planning needs assessment (D. Johnson) G. Additional board meeting VII. Executive Session VIII. Adjournment FPL press J. Dari Fcrritar Susan Graham Fayetteville Public Library Board of Trustees Regular Meeting June 11, 2012,4 pm Minutes Prepared by 5. Daniel, office Manager Board members present: K. Agee, B. Boudreaux, 5. Clark, D. Ferritor, 5. Graham, E. Jordan and M. Rice. Staff present: D. Johnson, L Speer, S. Foley, S. Palmer, L. Mandell, S. Houk, B. Holt, L. Greenwood, and S. Daniel. Others: T. Hernandez of NWA Times. I. The Board of Trustees meeting ,vas called to order zit 4 pm by 5. Clark. II. Special presentation: Lynn Mandell was presented with a plaque in honor of his work with Library Journal. Standing ovation. III. Minutes of 4.1a12: D. Ferritor moved to approve the minutes of 4,16.12; B. Boudreaux seconded. All voted AYE. 1V. Reports A. Management Reports 1. Key upcoming events: L. Speer highlighted 3 adult programs: Ancient Greeks, Modern Lives, fvteet the Funders, and Cover to Cover. Children's programming includes Sweet Dreams Tea Parties and teen programming features Teen Talent Mash -Up. Registrants in the Summer Reading Program's first week exceed last year's concluding numbers. 2. April -May strategic plan progress: D. Johnson noted the "Healthy Habits" program for staff (led by 5. Palmer) and the creation of career paths for Adult Services and Youth Services. C. Walsh completed the Chamber of Commerce Leadership Class. All librarians have been issued iPads to better assist patrons. 3. April -May performance measures: All key metrics are tracking well. Patron visits are up 6.5%, new card registrations are up 13%, and program attendance is up 45%. Demand for digital material is high; however, publishing houses are in transition and FPL intends to wait for clarity before investing in any one format. B. Financial Reports: 1. S. Davis noted the new reporting format drawn entirely from QuickBooks to reduce the chance of error, a restructured chart of accounts based on GASB, and the switch from accrual to cash basis accounting. Income is 519,000 over budget. Salaries and wages are under budget due to a roil forward from lase year and staff vacancies. Office supplies show as over budget, possibly due to costs being captured in the wrong budget line. The building and grounds line is over budget, but overall maintenance costs are on target. Transfers show how we are getting our financial support. V. Old business A. Nominating Committee Report: Nominated ;ire S. Clark for President, L. Jordan for Vice -President, M. Rice for Treasurer and K. Agee for Secretary. M. Rice moved to approve this slate of officers; D. Ferritor seconded. All voted AYE. VI. New Business A. GiftWorks: FPL's new financial software has most of the functionality of GiftWorks - with the exception of the volunteer component. It may be possible to keep donor records (over 6500 files) in the financial software which provides more security and is preferable from an auditing standpoint. 5. Foley is evaluating. B. New accounting software and budget format changes: FPL has purchased QuickBooks Enterprise Edition for nonprofits. C. Annual Report: S. Foley noted that content is complete; FPL is working with DOXA on the design. D. NEI•I update: S. Foley noted the July 31, 2012 deadline to raise the remaining $233,053.07. NEH will extend the deadline for outstanding pledges one year ata time. Defaulted pledges have increased the total to be raised by 549,300. E. Gala premiere closing: D. Johnson noted the need to completely clear the maglmedia area and provide the audio visual company with time to setup. Staff recommends closing on October le to make these preparations. M. Rice moved to close the library with staff present and paid; B. Boudreaux seconded. All voted AYE. F. Accept and appropriate grant and donation funds: M. Rice moved to accept the Schmieding and AR Heritage grants into the FPL budget; B. Boudreaux seconded. All voted AYE. The A&P grant went to the Foundation. G. Approve $334,980 transfer from city into FPL budget: S. Davis noted the Board was not informed of this transfer and had never approved it. M. Rice moved to approve the transfer; D. Ferritor second. All voted AYE. Et. Benefits brokerage change: D. Johnson explained the city, seeking more leverage with health care providers, changed from Stephens to Gallagher — a much larger group — for brokering its benefits. FPI. will benefit by following suit. M. Rite moved to approve the change, under a formal contract, to Gallagher; B. Boudreaux seconded, All voted AYE. 1. Updating records with financial institutions: D. Johnson noted the need for minutes designating which board members may sign checks. M. Rice moved to authorize S. Clark, E. Jordan, M. Rice and K. Agee to sign library issued checks and, further, to authorize S. Davis to have viewing access to library accounts; B. Boudreaux seconded. All voted AYE. J. Retirement plan changes: In its annual review, the Bank of Oklahoma offered several enhancements: online enrollment, online management of investment choices, and an option for automatic re -balancing of investments. Further, FPL seeks 2 to make participation in the retirement plan automatic upon hire, with opting out an option. M. Rice moved to accept the staff recommendation; K. Agee seconded. All voted AYE. K. Bank of Fayetteville CI]: S. Davis noted a $162,000 CD at the Bank of Fayetteville receives Y% interest. Staff recommends moving this money to Garrison where our average rate of return is 4%. M. Rice moved to accept the staff recommendation; D. Ferritor seconded. All voted AYE. l.. Dunaway estate: D. Johnson noted Mrs. Dunaway left her estate to FPL and St. Paul's Episcopal Church. The sale value of her home may not have been appropriate and a law suit filed by Jack l3utt is moving forward to address this. M. 0. Johnson has been appointed by the Governor to the AR Broadband Advisory Council for a two year term. N. B. Boudreaux inquired how the Foundation addressed the related party issue in its audit. BKD has riot presented its audit of the Foundation; it will do so at the Foundation's next rneeting on July 16'h. VII. fixer:utive Session: 6. Boudreaux moved to enter into executive session to conduct a 3-month performance review of the executive director; M. Rice seconded. All voted AYE. Executive session began at.SM3 pm. M. Rice moved to come out of executive session and return to regular session; K. Agee seconded. AN voted AYE. Rogu`.ar session recommenced at 5:31 pm. S. Clark announced a performance evaluation had been completed; no action required. VIII. Adjournment: D. Ferritor moved to adjourn; M. Rice seconded. All voted AYE. Meeting adjourned a: 5:33 prn. 3 Fayetteville Public Library Board of Trustees Regular Meeting April 16, 2012, 4 pm Minutes Prepared by S. Daniel. Office Manage: Board members present: K. Agee, B. Boudreaux, S. Clark, D. Ferritor, S. Graham and M. Rice. Board member absent: E. Jordan. Staff present: D. ;ohnson, L. Speer, S. Foley, S. Palmer, L. Yandetl, C. Wash, L. Greenwood, and 5- Daniel- Others present: Judge R. Moore, L. Brewer, M. Malone, R. Riley of BIM, and Joel Walsh of the NWA Mmes. I. The Board of Trustees meeting was called to order at 4 pm. by 5. Clark, Il. Swearing in of new board members: Judge Rudy Moore swore in B. Boudreaux and S. Graham for 5 war terms. W. Special presentation of framed photos of PPL to retiring board members L Brewer and M. Malone IV. Minutes: Approval of minutes: D. Ferritor moved to approve the minutes of 2.27.12; K. Agee seconded. All voted AYE. V. Special recognition of Lynn Mandell named as a "Mover and Shaker" by the Library Journal. VI. Reports A. Management Reports 1. Key upcoming events: Fur the first time, the SRP calendar combines children, teen and adult programs into one document. The adult SRP, funded in part by an NEH grant, will be "Ancient Greeks fviodern Lives." Children's programming .will include Three Penney Acre, Shout Lulu, Chase Missy, a mobile aquarium, Activated Story 'fellers, and Tommy Terrific and will conclude with Trout Fishing in America. Ali youth librarians will be starting school visits promoting SRC sign up. 2. February -March strategic pian progress: Authors Clare Vanderpool and Tracy Kidder drew large audiences. The Otweli Teen Library has received an award; another is possible. iMacs with Adobe Creative Suite have been deployed to the adult computer tab. 3. Performance. measures: Digital checkouts are up 82%- Digital items added to the collection are down because prices have become prohibitive. Programs presented are up SO n. iT staff are looking fora way to measure WL-Fi usage. B. Financial Reports: Legal expenses appear to be high in the March report, but there is an error in our budget line item. It will be corrected by the next Board meeting. V11. New Business A. Memo: Budget adjustments due to grants received: M. Rice moved to approve the staff recommendation; B. Boudreaux seconded. All voted aye. B. NEH update: The reconciliation report, prepared by R. Riley and H. Bradberry, examined assets, expenditures, and balances at Garrison Financ':aL NCH donarions of $1,508,036 have been certified, $400,000 in match has been received from NEH fora total of 51,908,036 in estimated net assets. As of 12-31.11, 5247,648 of the bridge money had been spent and there has been a gain. 01 $70,021 for net assets of $1.,730,409. Of the $1.73 million, $960,798 is invested at Garrison, and pledges due total 5543,000. With defaults, almost 5300,000 remains to be raised by 7-31.1.2. C. "Up Among the Hiils" Gala: Plans call for clearing level ;300 to hold ever 400 people fora ticketed, black tie optional event. The Foundation will front expenses but sponsorships and five and sent auctions will restore costs and turn a profit. Vista Productions will provide audio visual support; Eventures will supply elegant seating, chairs, and a red carpet. Therewill be a pre -event reception at KUJAM-. D. Staff raises: Historically, FPL has instituted hiring freezes and raises consistent with the city of Fayetteville- Following 3 years of no raises, this plan provides 475 increases. The plan assumes all positions are filled and new hires come in al the mid range of their salary grade. The proposal is sustainable through 2013; budget projections are not available for 2014. M. Rice moved to approve the 4% raise proposal as recommended; K. Agee seconded. AH voted AYE. Discussion: M. Rice noted that FPL has never come close to using the entire personnel budget- There is an unfunded liability resulting from large accruals of sick leave and PTO for severai staff members. Question called; all voted AYE. E. Library audit: Audit ()Onion was clean- Assets increased over 2010 to S24.362,168. Expenses were higher than in 2010 due to me costs associated with transitioning to a new ED, but revenues exceeded expenses oy.$O4S,478. The library is in compliance with its investment policy- Adjustments were made to net assets, fixed contributions, accounts payable, depreciation, and disposal of fixed assets. One deficiency was communicated orally to management. Auditors recommended integrating the budget into QuickBooks and using project codes to distinguish revenues and corresponding expenditures to better track spending of grants and other specific revenue sources to ensure they are spent for then designated purpose. 4 F. Foundation Audit: Audit opinion waS Clean. Net assets are now classified itto 5 areas: nonspendable (e.g. OtwelI), restricted, committed, (board could decide to set aside), assigned money, and unassigned (to pay general expenses). Net assets and income have gone up; liabilities and expenses have increased a little. The reconciling item, $95.060, represents the NEH Pilin that is net 04 completed; it wiii become a library asset when finished. The foundation was in compliance with its investment policy. Related party notes: The Foundation keeps money at a bank headed by a Foundation1 Board member, Cite spouse of a:ibrary staffer is a. Foundation Vendor. A material weakness was noted: GiftWori:s, the. software which tracks pledges, was not reconciled monthly to the general Ledger. G. Open positions update: Stephen Davis has been hired as Manager of Accounting and Human Resource Services. A hiring committee has identified 4 candidates for further consideration for the marketing position. H. Appointment of a nominating cornmtttee: 7. Ferritor and K. Agee will recommend officers for the coming year. Vill. Adjcurmnent: D. Ferritor moved to adjourn; M. Rice seconded. AR voted AVE. Meeting adjourned at 5:22 pm. V1. ,; i. rA i i i. 5 r1 'AYE TEVILLE PUBLIC LIBRAR Key Upcoming Events August — October, 2012 Grass Roots Festival August 23 — 26th Various Performers and Times, www.lavettevilleroots.com Ozark Writers Live September 8th, 10:OOam — 4:OOpm Fayetteville Film Stories Film Screenings and Award Ceremony Saturday, September 22, 12:3Opm — 5:OOpm AETN Community Cinema Independent Lens: Screens Half the Sky Followed by panel discussion lead by KUAF Sunday, September 23", 2:00 — 4:00 pm Filmrnakers Talk with UofA Graduate Students and Professor, Larry Foley Monday, September 24th, 5:00 pm Non Profit Resource Center Workshop — How Strategic Planning Advances Organizational Success: The Evidence and 10 Tips to Developing and implementing the Plan Thursday, September 27th, 1:00 — 3:30pm Light Up the Night Gala Fundraiser for the FPL Foundation Premier — Up Among the Hills by Larry Foley Friday, October 19m, 5:30 pm 6 Strategic Plan Progress Report: June -July 2012 Purpose: We inspire imagination and foster learning. 'grams & Services: We Direr inspiring and relevant programs and services that engage the community's curiosity, provide ,rortunities for education and sell -improvement, and serve as the gateway to the library by addressing the diverse needs and interests of our community. a. Programs i. Kicked off all -ages Summer Reading with multiple events; over 1,000 attended. ii. Hosted 5'' Annual Mountain Street Stage summer concerts in June; 321 attended. it's. Completed first adult summer reading club. 460 adults read over 2000 books. iv. Completed SRC with 2810 elementary readers, 432 listeners, and 371 teens, all increases over 2011. Summer program attendance for youth events surpassed the 15,000 mark. v. Closed youth SRP with Trout Fishing in Arnerica (>500 attended). 150 teens attended finale concert. vi. Hosted programs in creative writing, beading. design of the FPL literary magazine, art and theater. H. Held Sit, Slay, React! summer sessions utilizing volunteers and their certified therapy dogs. viii. Completed 1 -Up program for 40 rising 7F' graders who volunteered all summer in the children's library. ix. Completed national NEN program Ancient Greeks Modern Lives: The Modern Warrior. x. Received 14 Fayetteville Stories Community Film Contest entries and compiled judging feedback. xi. Hosted Meet the Funders discussion through the FPL Nonprofit Resource Center; 159 attended. xii. Frosted Native American Genealogy program with Washington Co. Genealogical Society; 75 attended. xiii. Completed Walton Arts Center 2031-201.2 10x10 Countdown Conversations series. xiv. Established AETN partnership through Community Cinema: Independence Leris film series. xv. Coordinated Sean Fitzgibbon art show and reception. b. Services Met with Unique Management Services for annual Cumulative Recovery Report. ii. Provided well-received Power of the Peri Veterans writing workshop series. iii. Offered adult creative classes including storytelling and mask making. iv. Recorded 14 oral history Interviews to be shared with the Library of Congress Veteran History Project. v. Provided programs for United Way of NWA and the Chamber of Commerce. vi. Conducted 5 Nonprofit Resource Center consultations and 4 eReaderleSook consultations. c. Quality d. Relevance 1 Compiled 2011 Patron Survey Responses. i I. Collections: We will build and support collections that inspire the community with the resources they need to explore topics of personal interest and continue to learn throughout their Eves. a. Satisfy your curiosity i, Augmented Nonprofit Resource Center collection with new titles. ii. Received donation from Crystal Bridges of American Chronicles: The Art of Norman Rockwell by Pero Hi. Checked collection against the museum library's recommended titles highlighting new exhibitions. iv. Received donation of Vocumernting Arkansas: Tho Clvll War 1861-1865, a full color book containing over 200 documents from 80 different collections at the Arkansas History Commission. b. Inspire. learning?imagination III. Access: We will build and expand the ease and convenience al the library experience through virtual and physical reach to all in the community, reflecting the FPL welcoming, convening and destination culture. a. Browsahility b. Outreach partnerships i. Met with Arkansas Workforce Center to prepare staff led Masses on computer skills for jobseekers. c. Virtual i. Replacing Bookletters with NextReads, an email newsletter product. d. Physical i. Researched imminent space needs for growing collections. !V. People: We create and rnaintain a culture of excellence by supporting and inspiring our staff, boards. and volunteers. a. Staff 7 i. Organized staff retirement plan education conducted by Bank of Oklahoma representatives. ii. Attended Mitchell Communications webinar— Understanding Behavior Styles. Hi. Attended ALA conference in Anaheim and ALA virtual conference. iv. IT Director, L.Yandell, presented with "2012 Library Journal Movers and Shakers Award" at ALA. v. Attended webinar entitled "Not Your Grandmother's Library" vi. Trained R. Mahon to update OCLC records to reflect FPL holdings, saving $103 for the month of June. vii. Reviewed for LJ Xpress Reviews; voted for titles on AR Teen Book Awards Graphic Novel Committee. viii. Led Healthy Habits program for staff to encourage personal health. €x. Granted 15% discount for FPL staff by TheatreSquared as a gesture of appreciation. x. Accepted the resignation of Youth Librarian, S.Brooks, who will be relocating to South Carolina. b. Boards c. Volunteers i. Trained two new volunteers to shelve. DVDs and gave tour of sorting room to 7-Up volunteers. V. Facility: Our consumer-friendly, sustainable facility will be safe, accessible, and clean and support the requirements for quality programs, services and collections. a. Maintenance i. Remodeled staff kitchen and added ice machine, installed level 1 bathroom, completed move and installed shelving in ED's office, installed new lobby furniture. H. Cafe hours changed to match library hours; FPL lobby opens an Dour earlier than the cafe b. Technology i. Began planning an upgrade to the WiFi infrastructure to improve wireless services throughout facility. c. Safety/Security V1. Communication: We maximize ongoing communication to increase awareness of the library and understanding of its value and impact on the community. a. Marketing plan b. Public awareness campaign i. Conducted 2 Ozarks at Large interviews, ane on the NEH grant and the other on the conveyor system. ii. Teen Library featured in Citiscapes; Executive Director appeared on July 1 edition of Mayor's Corner. iii. Produced You Tube video to close NEH fundraising cycle: video also ran on Government Channel. iv. Listed FPL's upcoming events in City's July/August newsletter; advertised in UA Student Handbook c. Operationalize brand d. Public relations i. Met with Lindsley Smith and Fritz Gisler about cross promoting and public relations opportunities. H. Partnered with City on Ranger's Pantry pet food drive— part of Animal Extravaganza Day at the library. Partnered with Chamber of Commerce on book drive to benefit various FPL programs. iv. Partnered with City to provide 2,000 library cards at the UA New Student Orientation. v. Met with Walton Arts Center staff to discuss partnerships and cross promotion opportunities. vi. Finalized advertizing and sponsorship with Citiscapes for upcoming "Light Up the Night" gala. vii. Finalized gala website design, save the date cards, and Citiscapes ad with DOXA. viii. Gave tours to representatives of Gravette Public Library, Martha Parker (UA Librarian in Residence), Constantin Mituca (a Library Director from Romania, and representatives of the Walker Foundation. e. Web site 1. Updated banners and revamped home page layout for easy accessibility to virtual bookshelves. VII. Funding: As good stewards of the public trust, we will pursue diverse, sustainable funding. a. Fiscal responsibility/accountability i. Prepared departmental budget forecast data for basic and enhanced levels. b. Other income c. Private funding I. Coordinated Gala sponsorships, vendors, silent auction (with Friends Board), and committee meetings. H. Met with donors for final NEH Grant push d. Public funding i. Coordinated Roberta Fulbright Society arra: booklet for patrons. FPL Performance Report: July 2(112 9 s• 43 ;4- 0) •- ct: • r >-o 0) CO r r ft) : 0 as 0 0 CV 0: 0. N' 040 0 yr 04! .... CV WI 03 1. 0: to cOa): ! 4:3 NI r- ' Q. 0! 03 • : 0: .0 C: "! 0 co.01 01 ..• g; ra,: 4 37 CD; r-:; (r) r r ig gel• r : CO ! 0 r r 0) r ! 0: C43 C43 ; 01. CO ; ! •ct CD •r •CD :CA :0 0::71: ILO N : . • ;43 00 : IN: CO! ' :CO :CO' ht; ;.1.0 • !CO 0.: on 0: 0 CO: r in' r. CO .0 •• ! • !N CO: O '03 03: k41- 40 Nir CO 0 0 CO 8 c N :Th RI • 0 CY 0 '6; E N itt i. :0 • 10 CO• : 33 ! co 0 ;0 ilF Ea: 0_ ; .111 o 40 r 04 or); 0; : (0l CO : 0 • N • 0. IC o :44) •0 co as r. 0. an • co; ' • CN1: m : CO : LO o• •••• :.10 CA C0 CO : CO i•ct .00 :CV . 43 :3- • : 443 -4 0: • N. COco; :0. 0 ' CO: Nt r 2 c0 co. o. '0 : 0 : cu O .00 • co: .1! a.; ri I on 0 Icr 0 itt 10 41' • : 00 ; . 0 : 0)i r) 10 e 10 01) : ic01...... y - co: : • : ;•"Doi .c c:- P 2 O. c -th• cil °146: ar; v c m oarE vc 81 n 0 a 012 4 a co a.) 0 • ,_ • :0 ; ,s ;.--. :4.1: :0 0 . 2; .-•-• ca. 2 .0 co: 0 DI 2 ti LV. > 0 'a ...... C 0.- u. Tif Th. e 3 0 : c 2:> il i.° V E o 2 ivio -o,i 1: 0 co .3.,„ to : .0) ,-• sc > : . Ei E i a -o ':(5oralti cr; ac!as ,o. 2;2 =-o,o: w '0 OJ o. - O CO.F- 0 • •CP 1••• CO a :0 00 0 ; 0 010 0 iN•NEN N r N o r • r 0 . N N N 4000.00 - Revenue & Support 4300.00 • State & Federal Revenues 0 N O O CO O O 0 Iq 0 10 o o 0 0 0 I) to 02 1a7 Coo 6 ea a 7 7 '';> 00 0 0 0 0 0 n 0 oD CD CD U O O 0 f0 fa0 O Q W N (OD M CO 0 W 0 0:r M n 0 0 0 0 0 0 N M �N'J 0 COD i9 O) N N O OD N N- r O) 4302.00 • State Grant 4306.00 • State Aid to Public Libraries Total 4300.00 • State & Federal Revenues 4400.90 • Grants & Program Fees 4400.20 • Not for Profit Center 6 c m 20) 0 IL c {2 W a o. d E Np 0 0 O QO ma V W 0 0 0 I N o o 0 m m d 4 ei 10 6i m O N -O U co co o c0 r r Total 4900.00 • Grants & Program Fees 3 `o c aa 4cpng Y 2IyyTs N o`0 •L 4) a 2 0 yN N co ab Gcel ItC a 4 J O J S C 0IS R 2 UI a) O ' CP N 0 P m O 0 (,) if:q © P .Ppp 0 O 0 03 Ill O 0 0 �� 0 V 4 3 O 0 100 N 100 H OD a a 0 0 0 0 Q a O 0 � 00 0 04 0 o 0 m N Na • O O r R 11 CO Total 4600.00 - Fine & Fees a M n o O 0 0 0a n t0 o 0 OD N o 0) O fp0 Ifi O O M 0 Dividends on Millage monies 4701.91 - Interest-millage 0 0 4701.10 • lntere S Over Budget $ 0§ C CV 03 Total interest 4770.00. Realized Gainitoss Investments 4770.01 • Unrealized Gain/toss On Invest Total 4770.01 - Unrealized Gain/Loss On Invest. Childrens Designated Gifts ) {)k | 000 n«aa_; 1;;I2; ) '2' ■on. a 00 01 k)§■00 )k§ 12 4999.00 • Credit and Debit Card to alloc 6900.00 • Short and Over cn kk CO CO \\CO 0co coco coco tooCO na to ▪ n1 kkk \\CO to �01 in 13 10 or 111 §( \ (§§ƒ§/CO r Co 0. !3en 0 ) �■°«■ 40 ! 4,1 ,s « to E!!;l;aaU.a §=«Am9;Rr co CC �)\§/0U... B )0§ a/ k ■ 0 0.3 ( duct 5100 4. 1 .0 1.7;u T 0 O N w p m cv cis LL 4si0 o r co tl*i.5 02 V v 0 to 0 r p Q c.• CO CO o O N 0p 4y CO CO N- 0) ID CO O N N N N OJ T .0 (0 o (0 .Y, V; 00 p .- (0 I,- 0) H m IO OI CO Oi O co O CO N IO 00 N (D lA W OI N UJ (0 N tt0� al O 0) O h or to nl O N N N ID In CI O. L? M (Q N. O. N r CO N 0 IQ v i V' % N I� ID c0 M O a. 0) N. i r 0 N cri N I co 0 M C Q 01 C M O w h (0 kg t q o 0 V o0 Qi Q c0 O G) w O CO IO o O n 0) p 0 0 1- 7 O N in M co n co y M m I- It- o I'- co O (h C w r N O N M C 1 N CO 0 OA (0 C 0 N M 01 N 1 ai 0 V NI in in m 0 Nor Vs ,- 0 G 5100.80 • Post Employment Disbursement 5100.90 • Vacation Time Used 5100.95 • Sick Time Used 0) co V tow d = 113 c Td 0 4 O R p Np S R 0 H N 5102.00 • Extra Service& Work Study 5102.01 - Payments to UA for Work Study CO 01 O. c 2 1J CO 5.11 c LO L 3 0 V 00 VI o o O O b Total 5502.00 - Extra Servicest Work Study 5105.00 • Employee Benefit Expenses Health & Dental Insurance Lite Insurance Retirement Contributions oP 0 0 N 00 0 0 0 0 0 0 ,c.... .• N N IA Y) N 13 5106.81 • Retirement Plan Expenses Total 5105.00 - Employee Benefit Expenses 5150-00 • Payroll Related Taxes 5150.10 - FICANMedlcare Expense 5150.30 - Unemployment Insurance Expense Total 5150.00 • Payroll Related Taxes Total 5100.00 • Personnel Services ea at ¢ u_ 0 s 01 0 r l y la 3 0. 11L I- c O 0. O U u" N r N g y 3 6I I C 0. C C 0 N (j '0 ' 4 u n co55 O O N 00 O T. r C P iO 1ffia • o e e e d O 2b N N • tl O 0 O O N N 0 M m S Over Budget n ; N 0 GI CO 2 r M a)) d C a. 0 0 co. Ni; 0 a O O n In N o O p6p 0 n N P N.. O 8 Q O M r <5 Lei n a om] O N O coon O N OQ 40 K Ili CO O M Total 5200.01 - Office Supplies 5201.00 • Library Programming Supplies 5201.20 • Adult Programming 5201.40 • YOuth Programs 520t41 • Young Children Prog. &Supplies 0.e e S E co W co b 0 Q 0. rn o o N h 0 N coM n N N 0 N M v (O n 04 0) n 0 0 0 0 P p 0 U 00 M O o d vi In 0 n 0) w M 1Kr 4 N M co al IC ci (0 COcoIID i nn 0 N C Total 5201.40 • Youth PrograMS J 8 4.40 gO 4.o 0 5209.00 • Computer Software 5209.10 • Computer hardware & supplies 14 a 0 ) 0. co 0.3 CR o 0 0. y E E £�pp .- E O U ... o •0• of U o O • a- r NO r N 0 O S�. e Iei O 0 N Sco to S 0) CV Ul of N n el M O s N O O 0 O 2 8 a NW NN p 2 N O (0 n o Nv (0O (CO 00) icri nO CO O P n N O) "^ tl' t- n O nm r O M N IO 0 .'A co (0 0 N H GO Total 5209.00 • Computer Software 5220.00 • On•line Databases 5224.00 • Circulating Equipment 5225.00 - Library Materials 6.01 • Mint Books co 1, co2 a Ta0 N m co a6 LU R r 4 ea N IO N 5225.00 • Library Materials - Other 5225.66 • FIIm!DVD vpi Ip-_ N'. ' • 0 N o 0. 22 N d u> CI M 10 h <J h O t0 CV O O 4> O N N OI 0 0 O) 0 N 0 0 O O N O f0 N M h m h o! O 10 cD t0 P .� N N Id n Ci v jy Isi 7 d c? N O h r Y i O, N 001 `' 0 O O O O O O 0 0 0 0 O O O c� 0) P O 0 0 O P O o O 0 0 0 0 a o 0 o O O+ a o CI O a'i o o IA ti a W� yj N O Co O O 0 N 0 10 h 0 0 O Niii -0 O 01: N M 01 o CO O N O Nt. m o N O 1yy0 N O O N r N N O n (O N 0 M M •r Q% LO a{ r CO N .jr N O 10D f0 ro W N n W <No, p N t0O 0 0 0 (0 �S P 0 0 0 0 0 0 W 0 0 ill 0 0 N k. P r - h O N t0 aN{ M co U) N h M G M 00 M O O C) OOII In N 0 0 h N ' V M t0 4 N I� e N O) ^ M N N CO O) 10 N M — p. CR. .� O M r N tl) at M o W M N •^ N U) O r (0 a s = O r r 5 T g ci 7 d N eilO Rc 15 5225.67 - Audio C Zr, O 6 to w m IN0 0) E m CCC C U a 1 O .O e� Oi 0 C2, N d d d G o f 3 dj e O .V N N m V z C to N d a ti 0 ,O A ^L O y >A d N 2 LLI N•a 1 R N X ca EQ 5 '�, ru g a. " 0o m e g e o ICI e o a N a a INt0} N 40 p O O 10. N N Yf p P! C) CO 0 0 UV M Tota 53 5310.00 Municipal Water Utilities - Other r r r a� 0 O O o o o ID N N N N 15 Total 5310.00 • Utilities Drop Box Pickup Outside Services O 0 0 0 0 9 e o O O o O p N 0 .0. ICI CO of 0 N N t0 NI' 40 >0 10 N 5355.00 • Library Programming Services 5 c 0 w r Z y1� N O, N W V O U c a N N C C C ar n E w a O O E L Ct. 9• Q. N C w O tr; tri N N CO 100 N N N ID Total 5355.00 • Library Programming Services $ Over Budget xr 4 N N P m rn M 0 i N Q o c Nf i 1.E • a O a a) o - c W E E Z N 0 O 0 ID e 01 01 CO 10 N 10 5385.00 • Volunteer Program & Recognition 9 U M o• 0 N N !a V N 5385.15 • Volunteer Outreach Programming 5385.00 • Volunteer Program & Recognition • Other Total 5385.00 - Volunteer Program & Recognition 5390.00 • Uniforms 5395.00 - Bank Service Charges M 0 57 0 6 0 N 0 N rn 0 0 en NM N a u u i7 C m 01. &C O R o • Nc O C 0h 0i 5401.00 - Building &Grounds 0 o m o 014-11 ‘111 O T• w tom., O In Cr) a 0) 2 W 40 11) t9 V 5401.01 - Building Maintenance 16 ulW M N V C o a h M 49 h a- (0 1 p 11 N ro Total 5401.00 - Building & Grounds 5416.00 • Software Maintenance e a C a C oC c m 4 d s C W u o• u E 6 V y e o O O © o 49 a 1a O N (0 Nl V N N 1` 70 o ai 0 m o T 1.6 N %1•- n o N Total 6400.00 • Maintenance 5000.00 • Capital & Depreciation 6801.00 • Fixed 5804.00 • Building Improvements 5810.00 • Computer & Technological Equip. N O a d 100 0) m p 8 O N r 0 1T c o m W E U O u . h 01 e aE.g E 0 0 Q o O G 12a M Total 5810.00 • Computer & Technological Equip. 5570.00 - Furniture & Equipment (sm. $) 5870.50 • Furniture & Equipment 0 0 § 0 4.9 To co a§ § q§aagqq \£ 7 7 ( / ° J » 7 § § § 2 0 0 00000000 v-• \\ \\ \k\k�• 0\(\( ro *40 0> \�\/ Total 5800.00 • Capital & Depreciation en co co co 0CSI Gs> \k §) 2§ Total Expense § \k o 20 Other Income ` l I n CO 0 }21-1 000000§_;§ too (00C from City -Operations NI to a c- o $ k))§kc 6650.02 • Transfe Total Inter -Agency Transfers 17 Total Other Income Net Other Income Net Income 08/16112 Aecrual Basis Balance Sheet AsofJuty31,2012 ASSETS Current Assets Checking/Savings General Operating Funds Bank of Fayetteville - CD Bank of Fayetteville -deposits Petty Cash Total General Operating Funds Arvest operating account 1St Security - payroll account Schwab -Operating 4109-2175 Schwab Institutional -longterm Schwab -longterm Facilities repairs & replacements Schwab -major repair & replacement of furniture & equipment Schwab- major replacements of Tech, items, conveyor, phones... Total Checking/Savings Other Current Assets 1220.00 • Due to/from other Gov. Units 1250.00 • Prepaid Expenses 1270.01 • Due from Foundation 1270.02 • Due from Friends Accounts Receivable Jul 31,12 100,000.00 260,674.32 408.00 361.082.32 155,934.81 104,057.61 1:237,106.86 908,957.23 535,249.89 237,456.62 406,827.73 3,946,675.07 1,259101.51 44:573.39 3,281.00 -211.74 534.39 Total Other Current Assets 1,298,278.46 Total Current Assets 5,244,953.53 Fixed Assets Fixed Assets 1601,00 • Buildings 1611.00 - Books & Publications 1613.00 • Equipment Furniture & Fixtures 1700.00 - Accumulated Depreciation Total Fixed Assets Library Owned Art Total Fixed Assets 20,976,767.47 1,400,887.10 1,473,391.85 213,603.94 -4,774,914.32 19:289.736.05 150,000.00 19,439,736.05 TOTAL ASSETS 24,684,689.58 LFABILITIES & EQUITY Liabilities Current Liabilities Accounts Payabto Accounts Payable 91,085.61 Total Accounts Payable 91:085.61 Other Current Liabilities Accounts Payable -Other NP Vacation accrual 173,355.21 NP Salaries &Wages Accrual 17,482.83 1927.15 • Bonus Payable 22,500.00 NP Other Payroll Liabilities 22,673.36 1929.00 • A/P Sick Time 34,895.43 1930.00 • Accrued Sales Tax payable -470.00 Total Accounts Payable -Other 270,447.83 1960.02 • Due to Friends -211.54 Payroll Tax Liabilities State withholding Payable 6,765.85 State Unemployment Payable 1,181.01 Payroll Tax Liabilities -Other 70.66 Total Payroll Tax Liabilities 8,017.52 Other Payroll Liabilities Health & Dental Insurance 453.68 Accident & Disability Insur. -10.63 Cafeteria Plan130.00 Total Other Payroll Liabilities 18 273.05 06/16112 Accrual Basis Balance Sheet As of July 3'1, 2012 Jul 31,12 Total Other Current Liabilities 278.526.65 Total Current Liabilities 369,612.47 Total Liabilities 369,612.47 Equity Investment in Fixed Assets 19.360.325.12 Fund Balance•Undeslynated 3,807.224.30 Fund Balance -Reserved facilitie major repairs & rep 397:384.16 for reparis & replacements 267,480.41 f & i ropairs & replacements ...... Total Fund Balance -Reserved 887,351.45 3900.00 • Fund Balance -Current Year Net 307.063.57 Net Income -46,887-33 Total Equity .......24,315.077.11 TOTAL LIABILITIES & EQUITY 24,684,689.68 19 SLUNKY1' OAVMS, JR. (:ONSIAN-CE G. CLANS tt'M JACXSON OWE :1 KELLY CARIT LEItS DOE a. Ti rL'JR CASINO I.AWSON lQNH1:A 1) My''ADDEN (!C1 -1N M. IM. KELYSON DAVIS, CLARK, BUT1', CARLTHERS & TAYLOR, PLC Al1T.)Rw]iis AT LAW 9 FAST MOUNTAIN ST. OAViu u1MOS: P. 0. L3OX 3688 wR.1.1AM F. CLARK FAYETTEVILLE, ARKANSAS 72702-1688 PHONE (579)521-7600 PAX (A79)52l ?661 WAG'ER'S' Mgt=E-.IA11- illlp11WWw.clav LS-rm11. cont e'cbd ailaviI-ii1l'IYI-coot August 13, 2012 RE: In the Matter of the Estate of Bernice I:Tele n Dunaway, Deceased; Washington County Probate Court No. PR 2009393-5 Mr. Ronald G. Woodruff WOODRUFF T:AW F1RM P.O. Drawer 1866 Fayetteville, AR 72702 Mr. Bobby Lee Odom ODOM LAW F11iIvf P.O. Drawer 1868 Fayetteville, AR 72702 Dear Ron and Hobby: Please find enclosed a Elle -marked copy of a Motion for Viewing oC171sputecl Estate Asset Located at 2135 Juneway. Terrace and incorporated Brief in Support. which 1 have filed today in the above - referenced case. WFC /Ik Enclosure bcc wlencl.: Sincerely, DAVIS, CLARK, Burr, r, CARITHERS & TAYLOR, I'LC William F. Clark Rev. Rowell Grisham Mr. Tony 0 th, CPA, Chair Mr. David Johnson, Executive Director 20 r •z 1N THE CIRCUIT COURT OF WASHINGTON rON COUNTY, ARKANSAS -' PROBATE DIVISN)N ;?... IN THE AlAt.i"TER OF THE ESTATE OF BERNICE J-IEI:EN DUNAWAY, DECEASED FA Y ETT E V ILLEPUBLI C LIBRARY FOUNDATION ANI) ST. PAUL'S EPISCOPAL CHURCH v. JU.LIUS D. GAUDET, JR., PERSONAL REPRESENTATIVE OF THE ESTATE OF BERNICE HELEN DUNAWAY, DECEASED AND TRACY HUTCHENS AND REBECCA HUTCHENS, HUSBAND AND WIFE N(:PR 2OO9-323-5 • PLAINTIFFS DEFENDANTS TRACY HUTCHENS AND REBECCA HUTCHENS, HUSBAND AND WIFE COUNTER -PLAINTIFFS V. F.AYETTEVILJ.. PUBLIC LIBRARY FOUNDATION; ST. PAUL'S EPISCOPAL CHURCH; AND J ULITJS D. GAUDET, JR., PERSONAL REPRESENTATIVE OF THE.'IS':l'ATE OF BERNICE HELEN DUNAWAY, DECEASED COUNTER -DEFENDANTS MOTION FOR VIEWING OF DISPUTED ESTATE ASSET LOCATED AT 2135 JUNEWAY TERRACE AND INCORPORATED BRIEF IN SUPPORT Corrie now the Plaintiffs herein, and move that the Court Personally and physically view the disputed estate asset located at 2135 Juneway Terrace, and in support of their motion, state, allege and incorporate the [Mowing brief in support: I. INTRODUCTION At issue in this case is the fair market value of certain real property, and the improvements thereon, at the time that separate defendants Tracy and Rebeecallutchens purchased property located at 2135 Juneway Terrace from Julius D. Gaudet, Jr., as Personal Representative of the Estate of 2.1 Bernice Helen Dunaway, deceased. While testimony, appraisals, market analysis, photographs, and other documentary evidence will be presented a( trial as to the fair market value o ['the estate property at the time of the sale and purchase based upon the location, character, size, layout and floorplan, among other aspects of the home and real property, the compilation of that evidence cannot give a fully comprehensible presentation of the state or condition of the subject and disputed real property and improvements thereon. Accordingly, the Plaintiffs respectfully request that this Court, the respective parties and the experts view the home at an agreed upon and scheduled date and time. H. AUTHORITIES AND ARGUMENT Judges have a right to personally view the real property when the parties have presented conflicting testimony concerning it. Clay rv. posit 238 Ark. 604, 606, 383 S.W.2d 304, 5.05 (1964). In the case of Citv of Fayetteville v. Stone, the Arkansas Supreme Court held: After the trial court had heard the testimony in the case, he personally inspected the property alleged to have been damaged, and it is argued that the view by the Court was not of itself sufficient to enable it to determine tlic damage. While this may be true, the viers' made by the Court was proper in that it was thus enabled to understand and analyze the testimony of the witnesses with respect to the situation. 194 Ark. 2I8, 106 S,W.2r1158 (1937). Moreover, in Potter v. Bryan Funeral home. the Arkansas Supreme Corot explained, "[wjltile personal inspections of property are permissible and proper as an aid to abetter understanding by the Chancellor of what witnesses had testified to, such views are limited to that purpose and the Judge's personal observations on the sitc are not considered evidence of facts." 307 Ark. 142, 146, 817 S.W.2d 882, 884 (1991); accord Newbern &Watkins, 2 Ark. Practice Series (Civil Procedure and Practice §28:12 (4`s cd.) explaining that "with prior notice to the panics, a Judge in a bench trial niay undertake a view as an aid to understanding the evidence 2 22 presented, but his otter personal observations ofthc site are not considered evidence and should not be included in the record." In light of the propriety o C a personal inspection or certain properly by a Court sitting as the trier of fact, the Plainti Ills respectfully request that this Court schedule and attend a viewing of the subject real property and improvements [.hereon as a means oi'better understanding the testimony which will be presented 1.n it at trial. As stated above, although testimony, appraisals, photographs market analyses, and other documents will be presented to the trier of fact as evidence at trial, the Court will gain a much gteaker ttricleistanding and perspective of the evidence presented to it by personally viewing the subject property in dispute. Lastly, the disputed property at 2135 Juneway Ten -ace is under three (3) rniles in distance from the Court's location and, as such, can be visited and viewed by the Court without extensive investment of time. Accordingly, the Plaintiffs respectfully request that this Court gran[ its Motion for Viewing of Disputed Estate Asset Located at 2135 Juneway Terrace in Fayetteville, Arkansas. In. CONCLUSION Plaintiffs acknowledge that they are not entitled by right to have tilt Com rt conduct a viewing, and that such viewing does not constitute evidence. However, it is conclusively accepted in Arkansas jurisprudence that a Court, in order to better understand and analyze the iestirnnny and other evidence presented, may view disputed property. '.These circumstances compel the conclusion that a fully informed judicial opinion necessitates the Court's personal view of the sole asset of Ms. Dunaway's estate which, by testate succession, has been bequeathed upon the two estate beneficiaries and plaintiffs herein — the Fayetteville Public Library Foundation and St. Paul's Episcopal Church. 3 23 WHEREFORE, Plaintiffs pray that this Court exercise its discretion prior to presentation of the evidence to view the subject and disputed real property and improvements so that it can better understand the significant evidence that will be submitted to it at the trial of this cause. Resp Get i'ully submitted, hAYISI TEVILLEPUBLICLII3RARY.FOI. NDATION an ST. 1AUL'S EPISCOPAL CHURCH .; By: a' :..;.,a'R s ii -''f.ecksootutt, II #81026 Constance 0. Clark #79033 William F. Clark #20I0142 DAVIS, CI ARK, BUTT, CARITHERS & TAYLOR, PLC P.O. Box 1688 Fayetteville, AR 72702-1688 (479)521-7600 CERTIFICATE OF SERVICE� I, William F. Clark, hereby certify that I have on this 13 iday of August, 2012, served a copy of the within pleading on all counsel of record in the foregoing proceeding by depositing a copy of same in the United States Mail, postage prepaid. Mr. Bobby Lee Odom ODOM LAW FIRM P.O. Box 1868 Fayetteville, AR 72702-1868 Mr. Ronald C. Woodruff WOODRUFF LAW FIRM Post Office Drawer 1866 Fayetteville, AR 72702-1866 fit/ IS 1'�iI1ia'r i F. Clark 4 24 SIDNEY P. RAVIS.:R. CONS';ANCi G. Cl .AHK JACKSON 111.1'11.11 KELLY C':IRIF'lllil4; DON A. TAYi.CR CASEY n bAa'y;.>A JOSHUA D. .\ :,%i Dlip: COLIN M. JOl IX'SON DAVIS, CLARK, BUTT, CARITHERS & TAYLOR, PLC A'I'I'raNI-:Ys A'r I.AV: 19 1iASI'\MIJ:;N 1'AIN ti'r. 0. BOX 1(...8A FAvErTE:VIi.a.ARKANSAS PI IONI: (479)521 -7600 VAX :,479)S21:1661 inplA WW.:lavis-fila:.co W Hon. Beth Storey Bryan Wasltirtgtol County Circuit Judge P.O. Bo8 i Fayei rerille, AR 7270E Dear Judge Bryan: August 3, 2012 DAVID D1XOA WILLIAM F. CLARK Wltrn?R'S Dotter E -MALE. cclarb'i;davis-firm.e m RE: In the Matter of the Estate of Bernice Helen Dunaway, Deceased; Washington County Circuit Court Ilio. PR 20(19-= 9 -5 i enclose with this letter the original and two copies of R precedent for an order granting a continuance of the trial setting in this case to October 3 and 4, 220[2. hobby Odom and Ron Woodruff have both approved the order. I.fihis precedent meets with your approval,1 would appreciate it if you would please sign the sane and forward it to the cleric fax filing. A stamped, self-addressed envelope is enclosed for the return of a file -marked copy to me. 'Thank you very much lin- your consideration. C:GC:ce Enclosure cc (wiencE): bcc (w/encl}: Mr. Ronald Woodruff Mr. Bobby Lee Odom Mr, David Johnson" Mr. Tony kith Rev. Lowell Grisham Very Truly Yours, DAVIS, CLARK, MT, CARf1.1-11 RS & TAYLOR, PLC Constance G. Clark 25 Hors. Beth Storey Bryan August 3, 2012 Pam 2 hps: Dear clients: _D Please note this new trial date on your calendars: October 3 and 4. 2012. Counsel for the other parties would riot agree to mediation but the judge did gram our motion for a short con€inuance (which we needed due to a conflict b the schedules of some of our witnesses). -Connie 26 IN THI? C:LRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS PROBATE DIVISION 1N THE. MATTER OF 'HU; ESTATE OF BERNICE HELEN DUNAWAY, DECEASED NO. PR 2009-393-5 FAYETTEVILLE PUBLIC LIBRARY FOUNDATION AND ST. PAUL'S EPISCOPAL CHURCH PLAINTIFFS V. JULIUS 1). GAUDET, JR., PERSONAL REPRESENTATIVE 01? THE ESTATE 01? BERNICE 1-LELEN DUNAWAY, DECEASED AND TRACY HUTCHENS AND REBECCA HUTCHENS, I-IUSBAND AND 'WIFE DEFENDANTS TRACY HUTCHENS AND REBECCA HUTCHENS, HUSBAND AND WIFE COUNTER -PLAINTIFFS r-. FAYETTEVILLE PUBLIC LIBRARY FOUNDATION; ST. PAUL'S EPISCOPAL CHURCH; AND JULIUS 0. G.AULIE T, JR., PERSONAL REPRESENTATIVE OF TILE ESTATE OF BERNICE HELEN DUNAWAY, DECEASED COUNTER -DEFENDANTS ORDER GRANTING CONTINUANCE Now on this 3' day of August, 2012, comes before ilio court the Motion for Continuance ]filed herein by the plaintiffs, Fayetteville Public Library Foundation and St- Paul' s Episcopal Church, 27 and from a consideration of said motion, the statements and representations of counsel, and other platters and things appearing before the court, the court finds: (1) Ciood cause has been shown for a continuance of this case from its present trial setting o f August 29 and 30, 2012. (2) The Motion for Continuance filed hereinhy the plaintiffs, Fayetteville PublicLibraty Foundation and St. Paul's Episcopal Church, should be granted. (3) This case is re scheduled fora bench trial on October 3 and 4, 2012, beginning at 9:00 a.m. The court is not inclined to grant another continuance of ibis mailer. IT IS, THEREFORE, CONSIDERED, ORDERED ANI) ADJUDGED that the Motion for Continuance filed herein by the Fayetteville Public Library Foundation and St. Paul's Episcopal Church should he and is hereby granted, that this case is removed from the court's August 29 and 30, 2012 trial docket, and that this matter is re -set Ibr ilial on October 3 and 4, 2012 at 9:00 a.m. 1'1' IS SO ORDER131). Hon. Beth Storey Bryan, Circuit Judge APPROVED. Constance G. Clark, Attorney for Plaintiffs Writ" }3obby T..ee )dom, Attorney fc r Defendants Tracy and Rebecca Hutchens ¥eV•arl (kJ Ronald G. Woodruff, Attorney for Defendant Julius 13. Daudet, Jr CGC 28 SI:JN;Y:• OA HS. JD CONSTANCE f: CLARK 'AM JACKSON OVITI! %RIrHI.It EX!1 :. EMI.OE: i As D LAY.'SO:v JOi! KJA 1? ?. E. f::1::^.:: V MR, SON DAVIS, CLARK, I3UTI , CARITHIERS & TAYLOR, PLC ATTORNEYS AT L'tW L9 EASI MOUNTAIN ST. aAvIDIN4OA' P.O. BOX I6SS .vu.n::aE:• MARK fA YIrrl IWILLE, ARKANSAS 717:i7-1685 i'11!]ivI 079)57: 715OO FAN (479)523-+661 WRITER'S D1RLC1 R•AIA;I. I711I? NWIR.[IQWIS.iisin.vom cele Afit)dnriSuir:nxom July 16, 2012 RE.: In the Matter of the ]sI.,1Ie of Bernice Helen Dunaway, Deceased; Washington County Probate Court No. PR 200939'3-5 Mgr. Ronald Cr. Woodruff \VOODR1!Ft' T.AW FIRM P.O. Drawer 1866 ./ Fayetteville, Alt 72702 Mr. l3ohtiy?e Odom ODOM LAW FIRM One R< t Mountain St. Faye evil};, AR 72702 Dear Ron and Bobby: Ron, your client's responses to the Interrogatories and Requests for Production of Doeturients propounded back on June'1 are well overdue. Please provide ntc. with Your answers to this discovery by the end of this week, iC T do not have your discovery responses by that dotal will have no choice except to file a motion to compel discovery. Bobby, I am still wailing. on the supplemental information which 1 requested from you in my letter of July 6. If ! do not have your supplemental responses by the end of (his week, I will move to compel discovery against your clients. Thank you very much for you: cooperation. \•'cry truly yours. DAVIS, CLARK, BUTT, CA€tri'HERS &. TAYLOR, PLC CGC/jrnd bee.: Rev. Jowell Grisham Mr. Tony th)1, CPA, Chair Mr. David Johnson, Executive Directo : 29 51DNI1Y1' DAVIS. Ix CONS I'AACK (1 CLARK 'A7x 3ACKSON BUT: 1: KUL_Y CAItrI Iui5 DONS 'I':. •:II(:3 C45;r U LAIVSOK JCSIIUA D. 11crADD'.-R C01.1' N1 RUIVSui DAVIS, CI.ARIC, BUTT, CARITHERS & TAYL{)It, 1'LC n r^r1RV13VS Al I.AW 14 EAST MOUNTAIN ST. 1.OAVIO DING V P.0 30X I riga art:A,11. clARN I'AYI;II NVII,E.1-:, ARKANSAS 7270'2 -IM PHONY (479)5;'1- 7600 FAX C179107.1-71,01 'V tf)1:R'S llW0' 11 - MAIL ]1tlp::7Wn'w.darEs-11rm,.0111 h9arl.'e'ivI t.1; .<VIII July 31-2012 RE: in the Mauer of the Estate of Bernice Helen Dunaway, Deceased; Washington County Probate Court No. PR 2009393-5 Mr. Ronald G. Woodruff WOODRUFF LAW FIRM P.O. Drawer 1866 Fayetteville, A13/72702 Mr. Bobby ee Odom ODOLMI SLAW FIRM P.O. D awer 1868 Faycttevrlle, AR 72702 Dear Ron and Bobby: Please find enclosed a ]ile-marked copy of a Response to Motion for Summary Judgment and Brief in Support of Response to Motion for SummaryJudgment which1 have filed today in the above -referenced case. COC:cc Enclosures bcc wlencl-: Very truly yours, DAVIS, CLARK. BUTT, ]'i , CARITHI3RS & TAYLOR: PT.0 ceCWAA-eYS* Constance 0. Clark Rev. Lowell Grisham Mr. 'Pony uth, CPA, Chair /' Mr. David Johnson, Executive Director/ 30