HomeMy WebLinkAbout2012-10-15 - Agendas - Final1'AYETTEVILLE PUBLIC LIBRARY
Suzanne Clark, President
Elizabeth Jordan, Vice President
Maylon Rice, Treasurer
We inspire imagination and foster learning.
Board of Trustees
October 15, 2012 4 pm
AGENDA
Regular Meeting Ann Henry Board Room
Kim Agee, Secretary
Brenda Boudreaux
Dan Ferritor
Susan Graham
I. Call to order
II. Minutes
A. Approval of minutes
1. August 20, 2012 regular meeting— page 2-3
2. September 17, 2012 special meeting — page 4
B. Signed minutes
1. June 11, 2012 regular meeting — page 5-6
III. Reports
A. Management reports
1. Key upcoming events — page 7
2. August - September Strategic Plan progress — page 8-9
3. August - September 2012 Performance Measures — page 10
B. Financial reports
1. Balance Sheet as of September — page 11-12
2. Profit & Loss Budget vs. Actual through September — page 13-16
3. Budget to Actual as of September 30 — to be distributed
IV. Old business:
A. Dunaway update (D. Johnson) — page 17-44
B. Gala update (S. Foley)
C. Space planning needs assessment — cost estimate (D. Johnson) — page 45-50
V. New business
A. Arsaga's rent
B. Attendance Numbers Error — page 51
C. PTO and ESL accrual and payout
D. Recognize Arkansas Arts Council and Target Grants and Increase Youth program Funding— page 52
E. Closed days 2013 — page 53
VI. Adjournment
FPL press
1
Fayetteville Public Library
Board of Trustees Regular Meeting
August 20, 2012, 4 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present: B. Boudreaux, S. Clark, D. Ferritor, S. Graham, E. Jordan and M. Rice. Board members absent: K. Agee.
Staff present: D. Johnson, S. Foley, L. Yandell, L. Greenwood, and S. Daniel. Others: J. Walsh of NWA Times.
I. The Board of Trustees meeting was called to order at 4:05 pm by S. Clark.
11. Special presentation: S. Clark presented an award to S. Foley for meeting the NEH grant fund-raising goal.
111. Minutes of 6.11.12: D. Ferritor moved to approve the minutes of 6.11.12; M. Rice seconded. AB voted AYE.
IV. Reports
A. Management Reports
1. Key upcoming events: D. Johnson highlighted AETN Community Cinema Independent Lens with Kyle Kellams.
2. June -July strategic plan progress: D. Johnson noted the success of the summer reading program for all ages, the
Ancient Greeks Modern Lives series for adults, and Power of the Pen for veterans' groups. The space needs of the
library are being evaluated. For example, more shelving is needed in the teen library as items must be rotated in
and out of the basement. A number of librarians attended ALA. The staff kitchen has been remodeled and a
bathroom has been installed on level 1. New lobby furniture has been placed.
3. June -July performance measures: D. Johnson noted all measures continue to trend upward. Our collection is
nearing its capacity of 300,000. Card holders are increasing, as is program attendance. At some of this summer's
programs, people had to be turned away for lack of space.
4. Summer Reading Program: L. Greenwood reported a successful summer with over 4000 in the reading program.
Teen attendance was down a bit from last year when the Otwell Teen Library opened to considerable fanfare.
B. Financial Reports:
1. S. Davis noted YTD income is almost $82,000 over budget. Personnel expenses YTD are $140,000 below budget due
to staff vacancies and a roll forward of monies from 2011. Total expenses are under budget almost $283,000 -
mostly in personnel and library material costs. There is a timing difference between receiving items and being
invoiced. Detail on credit and debit card transactions is being collected ($20,000 YTD) which will enable this money
to be allocated to the proper line item. Most is fines and fees.
V. Old business
A. Dunaway update: D. Johnson noted a trial date is set for October. Jack Butt is doing the library's legal work pro bono.
B. Gala update: S. Foley distributed a draft invitation; 400 guests, including Mayor Jordan, are expected. Jim and Nancy Blair
will host a reception at KUAF sponsored by Lindt Chocolate. Attendees will enter on a red carpet, be photographed, and
receive swag bags and a DVD of the film. Friends are organizing a silent auction. Beth Mack has produced some bonus
features. The producers of 13 independent, short films are competing for a $1000 prize and inclusion in the feature film.
DVDs will be distributed to Fayetteville schools. The Foundation is purchasing event insurance and FPL is working with
Chief Tabor to ensure a safe evening. It is unknown whether President Clinton will attend.
C. Retirement plan update: D. Johnson noted the retirement plan has been amended so that new hires are automatically in
the plan at a 3% contribution. The Bank of Oklahoma conducted 2 days of retirement education for staff members.
VI. New Business
A. Draft budget: The draft base -level budget, submitted to the city in July, would use $354,000 in library reserve. However,
staff is working to reduce that number. We have asked the city for an operational transfer of $82,000 to fund the 4%
raise given to library employees. A number of options are being considered to apportion the health insurance increase,
and some grants, not presented as income in the budget, will undoubtedly be received. The city council will vote on the
budget in October; the board of trustees will vote on a final budget at its December meeting.
8. Health insurance renewal: D. Johnson noted United HealthCare has been paying more in claims than it has received in
premiums. The first premium increase presented to our insurance broker was almost 50%; Gallagher negotiated that to
less than half. FPL administration is in the process of deciding how to apportion the premium increase between staff and
library. The city is using wellness and smoking incentives, and a rebalancing of the premium ratio between employer and
employee.
C. Vista contract: The Foundation board approved a budget of $77,000 including approximately $30,000 for Vista. After
discussion, a new contract will be prepared for signature by Vista and the Fayetteville Public Library Foundation. The
Foundation will pay for Vista's services.
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D. Fidelity bond: S. Davis has determined that FPL takes in $250,000 in cash, checks and credit cards yet has no fidelity
bond. The State Governmental Bonding Board denied our request for coverage. However, Region's Insurance offers a
$25,000 bond with a $1000 deductible for an annual premium of $400. M. Rice moved to authorize the purchase of a
$25,000 fidelity bond from Region's Insurance; B. Boudreaux seconded. All voted AYE.
E. Use of P-Cards for Library Purchases: S. Davis described the library's procedure for the use P-Cards; no motion required.
F. Space planning needs assessment: Ina series of charts, D. Johnson demonstrated the library is reaching capacity in many
areas including collection size, program attendance, meeting room use, circulation per capita, and computer access. He
suggested exploring options for expansion which could include building within FPL's existing foot print, constructing an
additional building on the grounds of the soon-to-be-closed City Hospital, or building a branch elsewhere in the city.
G. Additional board meeting: The board authorized a board meeting on September 17 at 4 pm to consider 3 items: space
needs, health insurance premium increases, and the draft budget.
VII. Executive Session: D. Ferritor moved to enter into executive session to conduct a follow-up to the Executive Director's 3-
month performance evaluation; M. Rice seconded. All voted AYE. Executive session began at 5:30 pm. M. Rice moved to
come out of executive session and return to regular session; B. Boudreaux seconded. All voted AYE. Regular session
recommenced at 5:52 pm. No action taken.
VIII. Adjournment: B. Boudreaux moved to adjourn; M. Rice seconded. All voted AYE. Meeting adjourned at 5:53 pm.
3
Fayetteville Public Library
Board of Trustees Regular Meeting
September 17, 2012, 4 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present: K. Agee, B. Boudreaux, S. Clark, D. Ferritor, S. Graham, E. Jordan and M. Rice. Staff present: D. Johnson, S.
Foley, S. Palmer, L. Mandell, B. Holt, and S. Daniel. Others: J. Scherer of Meyer, Scherer & Rockcastle, J. Walsh of NWA Times and J.
Taylor Swain of the Walton Art Center.
The Board of Trustees meeting was called to order at 4:01 pm by S. Clark
II. Library Growth and Space Requirements: D. Johnson reviewed the master plan for the current building and noted
the 2020 projections for population, % of card holders, and circulation per capita are lower than actual trends. The
result is that the building may be under -sized and he urged a discussion of possible space needs in the face of
these changing dynamics:
a. In 2020, population will be 5000 more than the original projection.
b. In 2020, % of population with a library card is likely to reach 75,000 rather than the 42,500 projected.
c. In 2020, total circulation will approach 1.5 million instead of the 680,000 projected.
D. Johnson suggested the need for an assessment of the library's space needs. J. Scherer proposed closely defining
the scope of the project before estimating the cost of such an assessment. Involving the public, analyzing evolving
technology, defining changing public expectations, and determining the next round of innovations are at
components of a new study. MS&R could assist an internal committee with some of these tasks. Scherer is
involved in a number of projects in this area which could bring down his consulting costs. His membership in the
International Federation of Library Associations gives him insight into library trends. Staff will prepare a cost
estimate for the next board meeting.
III. Health Insurance Rate Increases — United Health Care: S. Davis noted the large rate increase (almost 50%)
proposed by United HealthCare. FPL's broker negotiated the increase to less than 25%. Plan changes agreed to by
the city of Fayetteville, including higher deductibles and out-of-pocket maximums, further reduced the increase to
14%. In addition to developing an equitable plan for sharing this increased cost with employees, FPL is planning for
the implementation of the Patient Portability and Affordable Care Act (PPACA). Davis noted the discrepancy in
healthcare premiums between FPL's 30 hour employees and 40 hour employees. The PPACA defines full-time as
employees working 30 or more hours per week — thus FPL has moved to make premiums for these two groups
more equal. Also, premiums must pass an affordability test defined as no more than 9.5% of an employee's W2
income. The rates proposed in the third option of the memo to the board accomplish these changes and is the
option recommended by staff for approval. B. Boudreaux moved to approve the third option; M. Rice seconded.
All voted AYE.
IV. Draft 2013 Budget: Staff had a lot of input identifying library needs for 2013. The budget includes $25,000 for
humanities programming using NEH funds anticipated to be granted by the Foundation as pledges materialize. It
would pull $30,000 from one of FPL's 4 investment funds, the Furniture and Equipment Fund, established to
replace furniture as it wears out. State aid, set by the Arkansas legislature, has not been announced but is
expected to be no less than in 2012. Staff will determine how Arsaga's rent was established and will have detail on
PTO and ESL payout and accrual for the next board meeting. The draft contains $70,500 for performance-based
raises and $26,000 for health insurance increases. The marketing budget has been increased to $26,400. The city
will not be setting its budget until November. No action is required by the board of trustees at this time.
V. Gala Update: Attendance has increased from 400 to 504. Additional tables will be in the children's library and
Vista will provide additional viewing in this area. By consensus, the board gave the Executive Director the
prerogative to open late, be closed the day after the event, keep sections of the library closed, etc. A letter will go
out with the ticket explaining parking, event schedule, drop off locations, and the part of the ticket cost that is tax
deductible. All board members are invited to the Lindt Chocolate reception hosted by Jim and Nancy Blair. Legacy
Blues is holding an after party, the DVD's cover has been designed by Sean Fitzgibbon, and additional viewings are
being scheduled for those who can't make the gala. AETN will show the video statewide at a time determined by
the executive director. It is possible that NPR will take it nationwide.
VI. Adjournment: D. Ferritor moved to adjourn; M. Rice seconded. All voted AYE. Meeting adjourned at 5:35 pm.
4
Fayetteville Public Library
Board of Trustees Regular Meeting
June 11, 2012, 4 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present: K. Agee, B. Boudreaux, S. Clark, D. Ferritor, S. 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 was called to order at 4 pm by S. Clark.
II. Special presentation: Lynn Mandell was presented with a plaque in honor of his work with Library Journal. Standing ovation.
III. Minutes of 4.16,12: D. Ferritor moved to approve the minutes of 4.16.12; B. Boudreaux seconded. All voted AYE.
IV. Reports
A. Management Reports
1. Key upcoming events: L. Speer highlighted 3 adult programs: Ancient Greeks, Modern Lives, Meet 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 S. Palmer) and
the creation of career paths for Adult Services and Youth Services. C. Walsh completed the Chamber of Commerce
Leadership Cass. 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
$19,000 over budget. Salaries and wages are under budget due to a roll forward from last 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 are 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. S. 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. NEH 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 at a time. Defaulted pledges have increased the total to be raised by $49,300.
E. Gala premiere closing: D. Johnson noted the need to completely clear the mag/media area and provide the audio visual
company with time to set up. Staff recommends closing on October 19' to make these preparations. M. Rice moved to
close the library with staff present and paid; B. Boudreaux seconded. All voted AVE.
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 $334,960 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.
H. 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. FPL will benefit by following suit. M. Rice
moved to approve the change, under a formal contract, to Gallagher; B. Boudreaux seconded. All voted AYE.
I. 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.
1. 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
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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 CD: S. Davis noted a $102,000 CD at the Bank of Fayetteville receives /% 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 Butt is moving forward to address this.
M. D. 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. BK0 has not presented its audit
of the Foundation; it will do so at the Foundation's next meeting on July 16`h.
Mil. Executive Session: B. 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 5:03 pm. M. Rice moved to come out of
executive session and return to regular session; K. Agee seconded. All voted AYE. Regular 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 at 5:33 pm.
6
FAYETTEVILLE PUBLIC LIBRARY
Key Upcoming Events — October & November, 2012
Light Up the Night Gala Fundraiser for the FPL Foundation
Premier — Up Among the Hills by Larry Foley
Friday, October 19th, 5:00 pm
9' Annual Gathering of the Groups
Guest Author — David K. Shipler, "Working Poor: Invisible in America"
Friday, October 26th, 11:30 am
Zombie Makeup Tutorial for Teens
Get that perfect zombie brain eating look for Halloween!
Saturday, October 27th, 2:OOpm
Up Among the Hills Film Screenings
Thursday, November 1st , 6:OOpm
Tuesday, November 6th, 6:OOpm
Sunday, November 11t", 2:OOpm
University of Arkansas Gymbacks Visit
Flips, tricks, and reading with the #8 Nationally Ranked Lady Gymbacks
Saturday, November 10th, 10:30am
Roy Reed Reception and Book Talk
Meet the author and pick up a copy of "Beware of Limbo Dancers: A Correspondent's
Adventures with the New York Times"
Thursday, November 15th, 6:30pm
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FAYETTEVILLE PUBLIC LIBRARY
Strategic Plan Progress Report
August -September 2012
Purpose: We inspire imagination and foster learning.
I. Programs & Services: We offer inspiring and relevant programs and services that engage the community's curiosity,
provide opportunities for education and self-improvement, and serve as the gateway to the library by addressing the
diverse needs and interests of our community.
a. Programs:
i. Hosted 8th Annual Ozark Writers Live! -a full day literary festival with 249 in attendance.
ii. Hosted Joan for All Seasons, Arkansas and the Wild West, a genealogy instruction class on the War of
1812, a computer class titled "You've Got Mail," and Banned Book Week Virtual Read -Out.
iii. Screened Fayetteville Stories film contest, Larry Foley's student films, and "Half the Sky," 151 program
in PBS Community Cinema Film Series, a yearlong partnership with AETN and KUAF.
iv. Held Nonprofit Strategic Planning workshop and Grants 101 program funded by Wal-Mart Foundation.
v. Provided venue for the 3`d Fayetteville Roots Festival.
vi. Acquired donations for GALA gift bags and silent auction; collected over 7,500 items.
vii. Selected Dave Barry as the Fulbright speaker for 2013.
viii. Resumed youth programming five days a week following a two week programming break.
ix. Hosted family events including Morningstar Wildlife Rehab, Shiloh Museum, Afrique Aya, and
magician, Scott Davis.
x. Kicked off Hit the Target Family Reading Club funded by a Target Early Literacy grant.
xi. Hosted Brain Quest Challenge, began a parenting series, and held creative writing classes.
xii. Hosted roll-out party to distribute the Wanderer, FPL's 2011-2012 literary magazine.
xiii. Hosted teen activities including Teen Advisory Board, Teen Anime, Teen Gaming, and poetry slam.
b. Services
i. Created database cards for entire student body at Owl Creek School.
ii. Compiled list of resources for Butterfield Trail's purchase of equipment for persons with low vision.
iii. Registered 66 new voters.
c. Quality
i. Provided 8 consultations on using eReaders and 5 sessions on use of the Nonprofit Resource Center.
d. Relevance
i. Prepared lectures and demonstrations for the Arkansas Library Association conference in October.
II. 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 lives.
a. Satisfy your curiosity
i. Shifted to new reader's advisory online service called Next Reads; currently managing over 30 monthly
email newsletters.
ii. Added Crystal Bridges Museum of American Art recommended titles for upcoming special exhibits.
Updated museum librarian to include FPL as a circulating library on their bibliographies.
b. Inspire learning/imagination
III. Access: We will build and expand the ease and convenience of the library experience through virtual and physical reach
to all in the community, reflecting the FPL welcoming, convening and destination culture.
a. Browsability
b. Outreach partnerships -
1. Attended two UA Rock Camps, UA Razorbash, and Head Start in-service day.
ii. Demonstrated FPL's databases for UA's Upward Bound and for Fayetteville School District librarians.
iii. Resumed outreach programs to Fayetteville schools, Head Start and Richardson Center that include
Reading Roadshow, Letter of the Week, ::.oks for Borrowing and Sit, Sty, Read!
iv. Participated in Butterfly Days for third graders at the Botanical Gardens.
v. Met with Fayetteville Public schools library council and Linda Eilers of the UA to plan a Fayetteville
Literary Festival for the fall of 2013.
vi. Conducted outreach at Holt Middle School during their Literacy Council event.
vii. Enrolled 2 new patrons and one facility, Culpepper Place, in Lending Hands program and trained 2
new volunteers.
c. Virtual
d. Physical
i. Completed shelving install in Teen Library.
IV. People: We create and maintain a culture of excellence by supporting and inspiring our staff, boards, and volunteers.
a. Staff
i. Held "Shooter in the Building" training with Fayetteville Police Dept.
ii. Welcomed 2 returning Pages, hired 2 new Pages, and promoted one Page.
iii. Promoted 2 staff to Assistant Youth Librarians and 2 staff to Library Associates
iv. Attended Informsus survey tool webinar.
v. Promoted Kena Bailey to full time youth librarian.
vi. Changed Hotspur Closser's duties to include daily staffing in the teen area during after school hours.
vii. Healthy Habits Committee hosted a Soul Rhythm Dance class.
viii. Library staff reviewed for Library Journal Xpress Reviews.
b. Boards- Friends Board collected over 120 items for the Gala silent auction.
c. Volunteers- Hosted Reading Roadshow kick-off meeting. Phi Delt pledges volunteered 61 hours in GALA prep.
i. Trained new volunteers to shelve DVDs, file registration forms, and participate in Reading Roadshow.
V. Facility: Our consumer-friendly, sustainable facility will be safe, accessible, clean and support the requirements for
quality programs, services and collections.
a. Maintenance
b. Technology
i. Replaced 64 defective Cisco CCTV cameras
ii. Installed new high-speed wireless infrastructure and additional wireless access points
c. Safety/Security
i. Conducted fire extinguisher safety training for staff.
VI. 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. Promoted FPL and acquired new library cardholders at UA Rock Camp and Razorbash.
ii. Ozark Writers Live authors featured on Ozarks at Large with Kyle Kellams.
iii. Worked with school librarians to get Internet-only library cards to all Fayetteville students.
c. Operationalize brand
i. Light Up the Night ad appeared in Citiscapes; September edition.
ii. Listed FPL's upcoming events in City's September/October newsletter.
Public relations
i. Established partnership with WAC for fall and spring 10x10 series and Children's Storytime.
Met with KNWA news producer, Lisa Mendenhall, to establish live coverage of gala.
Met with NWAT editor, Greg Herten, to gain media sponsorship for the library and upcoming gala.
iv. Finalized gala plans with KUAF, planned an NPR display for the library and partnered on bookmark,
d. Website
i. Updated Friends of the Library pages including new photos of the board.
VII. Funding: As good stewards of the public trust, we will pursue diverse, sustainable funding.
a. Fiscal responsibility/accountability
b. Other income
c. Private funding
d. Public funding
9
FPL Performance Report: September 2012
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10/12/12
Accrual Basis
Balance Sheet
As of September 30, 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 4108-2175
Schwab Institutional -longterm
Schwab -long term Facilities repairs & replacements
Schwab -major repair & replacement of furniture & equipment
Schwab- major replacements of Tech. items, conveyor, phone system, catalog
Total Checking/Savings
Other Current Assets
1220.00 • Due to/ from other Gov. Units 1,251,449.51
1250.00 • Prepaid Expenses 44,573.30
1270.01 • Due from Foundation 4,367.45
1270.02 • Due from Friends -211.74
Accounts Receivable 968.78
Total Other Current Assets _.., 1,301,147.30
Total Current Assets 5,172,582.09
Fixed Assets
Fixed Assets
1601.00 • Buildings 20,976,767.47
1611.00 • Books & Publications 1,400,887.10
1613.00 • Equipment 1,473,391.86
Furniture & Fixtures 213,603.94
1700.00 ' Accumulated Depreciation -4,774,914.32
Total Fixed Assets 19,289,736.05
Library Owned Art 150,000.00
Total Fixed Assets 19,439,736.05
Sep 30, 12
100,000.00
296,730.73
408.00
397,138.73
214,459.98
102,648.82
1,047,574.14
915,569.20
541,915.41
240,157.54
411,970.97
3,871,434.79
TOTAL ASSETS 24,612,318.14
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable 9,708.73
Total Accounts Payable 9,708.73
Other Current Liabilities
Accounts Payable -Other
A/P Vacation accrual 173,366.21
A/P Salaries & Wages Accrual 17,482.83
1927.15 • Bonus Payable 22,500.00
A/P 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
1950.02 • Due to Friends
Payroll Tax Liabilities
Federal Withholding Payable 14,522.00
FICA Payable 15,133.93
Medicare Payable 4,220.08
State Withholding Payable 6,158.90
Total Payroll Tax Liabilities 40,034.91
Other Payroll Liabilities
Health & Dental Insurance -51.02
2330.00 • Vision Insurance 6.90
Accident & Disability Insur. 11 -22.64
Cafeteria Plan 130.00
Retirement Contributions 22,587.75
-211.54
10/12/12
Accrual Basis
Total Other Payroll Liabilities
Total Other Current Liabilities
Total Current Liabilities
Total Liabilities
Equity
Investment in Fixed Assets
Fund Balance -Undesignated
Fund Balance -Reserved
facilitie major repairs & rep
for reparis & replacements
f & f repairs & replacements
Total Fund Balance -Reserved
3900.00 , Fund Balance -Current Year Net
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
Balance Sheet
As of September 30, 2012
12
Sep 30, 12
22,650.99
332,922.19
342,630.92
342,630.92
19,360,325.12
3,807,224.30
397,384.16
267,480.41
222,486.88
887,351.45
307,063.57
-92,277.22
24,269,687.22
24,612,318.14
10/12/12
Accrual Basis
Profit & Loss
January through September 2012
Ordinary Income/Expense
Income
4000.00 • Revenue & Support
4300.00 • State & Federal Revenues
4302.00 • State Grant
4306.00 • State Aid to Public Libraries
Total 4300.00 • State & Federal Revenues
4400.00 • Grants & Program Fees
4400.20 • Not for Profit Center
4400.40 • Summer Reading Grant
4400.45 • Youth & Children Lock In
4400.60 • In Year Grant Awards
4400.00 • Grants & Program Fees - Other
Total 4400.00 • Grants & Program Fees
4501.00 • Cafe Rental
4501.02 • Meeting Room Receipts
4501.05 • Copier and Printer income
4520.00 • Merchandise Sales
4600.00 • Fine & Fees
4600.01 • Library Cards
4600.05 • Overdues
4600.10 • Lost and Paid
4600.11 • Damaged and Paid
4600.99 • Refund of Lost & Paid
4998.00 • Credit and Debit Card to alloc
Total 4600.00 • Fine & Fees
Interest
4701.01 • Interest-millage
4701.10 ' Interest -Operating
4701.50 • Designated Fund Income
Interest - Other
Total Interest
4770.00 • Realized Gain/Loss Investments
4770.01 • Unrealized Gain/Loss On Invest.
4770.99 • Garrison Management fees
4770.01 • Unrealized Gain/Loss On Invest. - Other
Total 4770.01 • Unrealized Gain/Loss On Invest.
4820.00 • Designated Gifts
4820.20 • Adult Designated gifts
4820.90 • Miscellaneous MoneyJar
4820.95 • Designated Gifts Other
Total 4820.00 - Designated Gifts
4881.00 • Gain/Loss on sale of assets
4990.00 • Miscellaneous Income
6900.00 • Short and Over
4000.00 • Revenue & Support - Other
Jan -Sep 12
6,996.00
137,189.00
144,185.00
13,000.00
35,000.00
655.00
5,230.00
-60.00
53,825.00
9,000.00
2,995.00
17,171.38
2,327.75
630.00
67,430.17
-60.00
0.00
51.48
34,508.59
102,560.24
1,123.63
937.66
23,615.89
0.00
25,677.18
17,691.03
-3,325.00
3,902.37
577.37
1,000.00
208.09
1,080.00
_.... _. ___...
2,288.09
1,046.83
8,058.95
-141.23
41.72
Total 4000.00 - Revenue & Support 387,304.31
Total Income 387,304.31
Gross Profit 387,304.31
Expense
5000.00 • Operating Expenses
5100.00 • Personnel Services
5100.01 • Salaries & Wages
5100.10 • Administration 383,223.50
5100.20 - Adult Services 198,924.77
5100.30 • Tech Services 85,061.51
5100.40 - Youth Services 158,676.60
5100.60 • Circulation 289,483.63
5100.70 - Facilities 61,021.68
5100.79 • Bonus 24,500.00
5100.80 • Post Employment Disbursement -9.78
5100.90 - Vacation Time Used 13 121,498.91
5100.95 • Sick Time Used 18,104.37
10/12/12
Accrual Basis
Profit & Loss
January through September 2012
Total 5100.01 • Salaries & Wages
5102.00 • Extra Services/ Work Study
5102.01 • Payments to UA for Work Study
5102.30 • Contract Labor Expenses
5102.50 • Contract Cleaning Service
Total 5102.00 • Extra Services/ Work Study
5105.00 - Employee Benefit Expenses
5105.10 • Health & Dental Insurance
5105.11 • Health Savings Account Expense
5105.30 • Voluntary AD & D
5105.40 • Long Term Disability
5105.50 • Life Insurance
5105.80 • Retirement Contributions
5105.81 • Retirement Plan Expenses
Total 5105.00 • Employee Benefit Expenses
5150.00 • Payroll Related Taxes
5150.10 • FICA/Medicare Expense
5150.30 • Unemployment Insurance Expense
5150.00 • Payroll Related Taxes - Other
Jan - Sep 12
1,340,485.19
1,238.18
3,307.78
3,179.71
7,725.67
81,972.45
6,705.04
1,275.23
3,291.83
1,839.40
104,231.11
6,762.09
206,077.15
98,805.83
17,378.01
130.16
Total 5150.00 • Payroll Related Taxes 1.16,314.00
Total 5100.00 • Personnel Services
5200.00 • Materials & Supplies
5200.01 • Office Supplies
5200.10 • Administration Supplies
5200.11 • Vending Machine Supplies
5200.15 • Marketing & Community Relations
5200.18 • Supplies for FPL Foundation
5200.30 • Office Supplies - Tech Services
5200.40 • Office Supplies - Youth Service
5200.60 • Office Supplies - Circulation
5203.00 ' Cleaning & Maintenance Supplies
Total 5200.01 • Office Supplies
5201.00 • Library Programming Supplies
5201.20 ' Adult Programming
5201.40 • Youth Programs
5201.41 • Young Children Prog. & Supplies
5201.42 • Teen Supplies
5201.45 • Children's Program Lock In
5201.40 • Youth Programs - Other
1,670,602.01
18,330.22
234.28
8,512.89
343.97
0.00
53.07
1,908.62
17,129.23
46,512.28
7,801.32
13,661.39
5,037.22
300.17
4,927.70
Total 5201.40 • Youth Programs 23,926.48
Total 5201.00 • Library Programming Supplies 31,727.80
5202.30 • Processing Supplies
5209.00 • Computer Software
5209.10 • Computer hardware & supplies
5209.11 • Computer
5113 • Computer Supplies
Total 5209.11 • Computer
5209.00 • Computer Software - Other
Total 5209.00 • Computer Software
5220.00 • On -One Databases
5224.00 • Circulating Equipment
5225.00 • Library Materials
5225.01 • Print Books
5225.11 • E Books
5225.48 ' Adult & Genealogy Materials
Total 5225.00 • Library Materials
5225.65 • Periodicals
5225.66 • Film/DVD
5225.67 ' Audio
5225.68 • Music
5200.00 • Materials & Supplies - Other
14
23,579.32
61,650.82
0.00
0.00
33,841.04
95,491.86
40,312.56
1,296.26
186,684.41
41,341.48
12,855.79
240,881.68
11,007.42
27,568.85
5,090.51
3,480.64
0.00
10/12/12
Accrual Basis
Profit & Loss
January through September 2012
Total 5200.00 • Materials & Supplies
5300.00 • Services & Charges
5301.00 • Public Notification
5301.15 • Marketing & Public Relations
5305.00 • Postage
5308.00 • Equipment Rental
5310.00 • Utilities
5310.10 - Telephone & Internet
5310.11 • Natural Gas
5310.12 • Electricity
5310.14 • Municipal Water
5310.99 • Other Utility Expense
5310.00 • Utilities - Other
Total 5310.00 • Utilities
5315.00 • Drop Box Pickup
5330.00 • Insurance - Liability
5341.00 • Audit Expense
5348.00 • Outside Services
5349.00 • Other Professional Services
5350.00 - Membership Dues
5355.00 • Library Programming Services
5355.20 • Programming Services - Adult
5355.40 • Programming Services - Youth
5355.45 • Programming Services - Teen
Total 5355.00 - Library Programming Services
5356.00 - NEI -I Programming
5360.00 • Travel, Lodging & Meals
5361.00 • Mileage reimbursement
5365.00 • Training & Professional Develop
5365.01 • Travel - Grant Funded
5365.00 • Training & Professional Develop - Other
Total 5365.00 - Training & Professional Develop
5380.00 • Employee Recognition
5385.00 - Volunteer Program & Recognition
5385.05 • Volunteer Recognition
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
Total 5300.00 • Services & Charges
5400.00 • Maintenance
5401.00 • Building & Grounds
5401.01 • Building Maintenance
5401.02 • Landscape Maintenance
5401.03 • Equipment Maintenance
5401.00 • Building & Grounds - Other
Total 5401.00 • Building & Grounds
5416.00 • Software Maintenance
5420.00 • Computer Equipment Maintenance
5420.00 • Office Machine Maintenance
Total 5400.00 • Maintenance
5800.00 - Capital & Depreciation
5801.00 - Fixed Assets
5804.00 • Building Improvements
5810.00 • Computer & Technological Equip.
5870.00 • Furniture & Equipment (sm. $)
5870.//0 - Furniture & Equipment
5800.00 • Capital & Depreciation - Other
Total 5800.00 • Capital & Depreciation
Jan - Sep 12
526,949.18
1,042.80
3,348.60
11,896.97
448.80
24,081.14
14,066.30
73,508.35
9,986.54
5,079.00
0.00
26,721.33
4,536.00
2,803.00
14,900.00
1,543.61
31,196.89
15.00
9,795.06
11,919.50
1,432.72
23,147.28
1,026.56
6,505.23
15.00
427.60
13,364.99
....._.-- ---13,792.59
210.34
188.95
381.50
0.00
570.45
1,298.28
2,587.46
247,606.19
120,793.68
9,528.32
2,223.22
1,591.42
... _.. _............
134,136.64
21,173.04
780.16
1,229.33
157,319.17
15,121.38
1,150.00
28,221.62
14,504.47
25,981.73
2,136.47
87,115.67
Total 5000.00 • Operating Expenses15 2,689,592.22
7650.02 • Transfer to Friends
767.85
10/12/12 Profit & Loss
Accrual Basis January through September 2012
Jan - Sep 12
Total Expense 2,690 360.07
Net Ordinary Income -2,303,055.76
Other Income/Expense
Other Income
Inter -Agency Transfers
6602.01 • Transfer from City - Operations 1,222,347.00
6602.02 • Transfer - Millage 646,206.51
6602.05 • Transfer For Books 223,320.00
6602.10 • Transfer from City CIP 23,000.00
6650.01 • Transfer from FPL Foundation 95,905.03
Total Inter -Agency Transfers
2,210,778.54
Total Other Income 2,210,778.54
Net Other Income 2,210,778.54
Net Income -92,277.22
16
SIDNEY I' DAVIS, Ili
C.0,. 1 \N(E 1, CLARK
0(1. JACKSON Wrr 11
KELLY CA1011ILIls
00N A. rAl'L0R
CASK,' IJ. LAWSON
10)11(11 I) 310 000( 3
C.01.IN \I /0110000
DAVIS, CLARK, BUTT, CARITHERS & TAYLOR, PLC
ATTORNEYS AT LAW
19 EAST MOUNTAIN 0T.
11. O. BOX 1688
FA WEE EVII..I1 ARKANSAS 72702-1688
FIION6 (479)521-7600
FAX (479)521-7661
1109: //ww W. day i s-1 i rm. Com
Rev. Lowell Grisham
St. Paul's Episcopal Church
224 N. Cast Avenue
Fayetteville, AR 72701
Mr. Tony Uth, CPA, Chair
c/o Hogan Taylor, LLP
688 E. Millsap, Ste#203
Fayetteville, AR 72703
Dear Clients:
September 20, 2012
1 DAVID°IKON
WILLIAM I' CLARK
\V1(1'1 (3) 6 Ulli0C'r 0.51210
1t4dAavis-lirm.com
RE: Estate of Bernice Helen Dunaway; Washington
County Circuit Court No. PR -2009-393-5
Mr. David Johnson, Executive Director
Fayetteville Public Library
401 W. Mountain Street
Fayetteville, AR 72701
Please accept this letter as a deposition report on a number of depositions that were taken in the above -
referenced natter on September 18, 2012. As you may recall, depositions of each of the expert witnesses
who will testify at the trial of this matter were scheduled to be held on September 18 at the Odom Law
Firm here in Fayetteville; Arkansas. To begin the day, Mr. Ron Woodruff took the depositions of the
three witnesses who will be testifying on behalf of the Library and Church -- Dale Carlton, Mark Zweig,
and George Faucette. Subsequent to their depositions, I had the opportunity to depose the witnesses
who will testify on behalf of the Personal Representative and Purchaser -- Jeff Elliott, Willie Kitts, and
Gregory Young. My detailed impressions will be set out more specifically herein below but, in short,
I believe that each of the witnesses who will testify on the Church and Library's behalf were credible
and will make good witnesses at trial. Additionally, while I did not view the defendants' witnesses to
be as strong or credible as those who will be testifying on our behalf, there are certainly some points and
strengths in their testimony that will need to be considered and rebuffed or impeached at trial.
To begin, Mr. Woodruff took the deposition of Dale Carlton, a local realtor who is employed by Dale
Carlton Realty, Inc. Mr. Carlton has owned and operated his own realty company since 2006, has
conducted seminars as a teacher at the University and holds a law license from the University of
17
Clients
September 20, 2012
Page 2
Arkansas, each of which make him uniquely qualified to testify at this trial. Mr. Carlton is a very
likeable man and is well spoken and thoughtful in each of his responses. The gist of his testimony was,
quite simply, that based upon his knowledge, expertise and experience in the field of real estate and,
based upon various comparables that he viewed, in addition to his site inspection of the home last month,
Mr. Carlton was of the opinion that the home had a value between $130,000 and $150,000 in July of
2010. Mr. Carlton was very strong in his opinion and, of course, that opinion is very helpful to the
Church and Library's position that the Personal Representative breached his fiduciary duties in selling
the home, and that Mr. Hutchens was unjustly enriched in his purchase of the home.
Mr. Woodruff next placed Mr. Zweig under oath and took his deposition. Mr. Zweig is a licensed
residential contractor and has owned Mark Zweig, Inc. since 2005. Additionally, he has purchased and
renovated homes both as a hobby and for business since 1983. As some of you may know, Mr. Zweig
currently has a number of ongoing projects around town which include the purchase of old,
uninhabitable and often dilapidated homes and renovating them into well-designed and valuable homes
on the market. I believe that his experience as a renovator/flipper of homes, in addition to his well-
known work around town, will certainly enhance his credibility as a witness at trial. Mr. Zweig testified
that, in his opinion, the home was worth between $125,000 and $130,000 in July of 2010. He based
this opinion upon his knowledge, experience, and expertise in the field of purchasing older homes and
renovating them, in addition to his inspection of the home and the general state of disrepair that it was
in as described by Mr. Hutchens in his discovery responses. Essentially, although he did not testify to
this matter in deposition but will state so at trial, Mark believes that certain homes have a floor value
which, regardless of their dilapidated state at any given time, the value will not dip below. Based upon
the lot, location, design layout, and foundation, he believes that the home on Juneway Terrace had a floor
value between $125,000 and $130,000.
Lastly, Mr. Woodruff took the deposition of George Faucette. As each of you know, Mr. Faucette is
very likeable, articulate, and presents as a very credible witness. Mr. Faucette testified that based upon
his knowledge, experience, and lengthy employment in the Northwest Arkansas real estate market, he
believed the home would be properly listed at approximately $125,000 today. Although this value is
somewhat less than the value placed on the home by Mr. Carlton and Mr. Zweig, Mr. Faucette's
testimony at trial will be very helpful in establishing that he would have listed the home in 2010 and,
in fact, that he listed and sold a home in a similar neighborhood that was in a greater state of disrepair
in 2011. As will be discussed in more detail below, the defendants will present the testimony of a real
estate agent who will testify that he would not have listed the home. Mr. Faucette's testimony at trial
will be helpful in establishing that a well-respected real estate agent in the Northwest Arkansas market
would have listed the home, and that he believes it could have been sold for a value far greater than that
which Mr. Hutchens paid.
In sum, I believe that the testimony of each of our witnesses was very strong in its own respect and will
certainly leave the Court with an impression that the home was substantially undervalued and undersold
to Mr. Hutchens by Mr. Gaudet in July of 2010.
18
Clients
September 20, 2012
Page 3
In the defendants' case in chief, itis anticipated that they will call three expert witnesses of their own.
In anticipation of their testimony, I first took the deposition of Jeff Elliott. Mr. Elliott is the Vice -
President at Lindsey & Associates here in Fayetteville, Arkansas, and has worked as a real estate agent
in the area since 1994 or 1995. Although stated as an expert by the defendants, Mr. Elliott is, for all
intents and purposes, a fact witness. His testimony is simply that he would not have listed the home in
2010. In fact, Mr. Elliott was contacted by Mr. Woodruff in and around 2010 to see if he had an interest
in listing the home. Mr. Elliott testified under oath that he performed a brief, 20 minute walk around
the exterior of the home and determined that he did not want to list the property. He stated at his
deposition that he could tell from the poor condition of the exterior of the home that the interior must
have been in a dilapidated state. However, when pushed on the subject, Mr. Elliott acknowledged that
he never entered into the interior of the home and has no personal knowledge as to its condition in 2010.
Moreover, Mr. Elliott acknowledged that he could not place a value on the home as it stood in 2010, and
he did not intend to offer such an opinion at trial. Therefore, Mr. Elliott's only testimony to be useful
for the defendants' position at trial is, simply, that he would not have listed the home.
I next took the deposition of Mr. Willie Kitts, owner of Specialty Construction, Inc. in Hindsville,
Arkansas. Mr. Kitts is the only witness out of the six who had actually viewed the interior of the home
in or around the summer of 2010. From that perspective, Mr. Kitts has powerful testimony to describe
what he saw during his inspection. I -le stated in his testimony that the walls were covered in mold on
the first floor from the baseboards to the ceiling and, on the second ,floor, from the baseboards halfway
up the wall. Ile testified further that the foundation was entirely unreliable and that the kitchen floor
was substantially warped and unsafe. In much greater detail, Mr. Kitts essentially stated that the house
would have been better off bulldozed to the ground. Although Mr. Kitts' testimony may be powerful
with respect to his firsthand knowledge of the condition in 2010, I believe that testimony can be
impeached if the Court grants our motion to view the home. Quite simply, the house is in relatively
good condition and a number of items that Mr. Kitts claimed needed to be destroyed remain intact today.
For example, the foundation has stood without any problem, the wiring and electricity is the same, the
fixtures and appliances are all the same, a majority of the doors and windows are the same, and much
of the original wallpapering and muraling on the walls is the same. Taken together, although NO, Kitts
recommended bulldozing the house to the ground or expending $120,000 to repair the home per his
written report, a simple viewing of the home clearly indicates that such an estimation is more than likely
off base.
Finally, I took the deposition of Gregory Young, a certified appraiser in Northwest Arkansas. Although
Mr. Young is an independent contractor, he performs 95% of his work for a company called Real Estate
Consultants. Mr. Young was hired by Ron Woodruff to view the home in July of 2012 and issue a
written appraisal as to the value of the home in 2010. Mr. Young, pursuant to Mr. Woodruff's request,
issued a written letter opinion whereby he valued the home in July of 2010 to be approximately $40,000.
He testified in his deposition that, based upon his own viewing of the home, knowledge and experience
as an appraiser, and various calculations, he valued the home to be between $50,000 and $60,000 in
2010. However, he believed it appropriate to reduce that amount to approximately $40,000 based upon
19
Clients
September 20, 2012
Page 4
his discussions with various individuals, including Mr. Jeff Elliott, the report issued by Specialty
Construction, Inc., and his discussions with the owner of the home, Tracey Hutchens. Notwithstanding
that testimony, I believe that Mr. Young may be impeached in a way similar to Mr. Kitts. Specifically,
Mr. Young testified that he valued the home in its current condition to be between $140,000 and
$150,000. With that sworn statement, I believe it would be proper to inquire Mr. Young as to what has
remained the same with the home from 2010 to 2012. For example, we may ask Mr. Young to go
through various line items to determine whether those are changed or remain the same. Included among
those unchanged items are the foundation, wiring and electricity, I-IVAC unit, wallpapering, carpeting
upstairs, fixtures, appliances, garage and driveway, among others. By going through these large items
that remain unchanged in the home and comparing that $140,000 to $150,000 current value he placed
on it, I believe the Judge will recognize that very little, other than bleaching mold off of drywall, putting
a few fresh coats of paint on the walls, and replacing the roof were the only major changes to the home.
By comparison of the 2010 to 2012 appraisal values and the juxtaposition of the 2010 to 2012
unchanged items in the home, it is my hope that Mr. Young's $40,000 appraisal may be impeached and
the Court will place a higher value on the hone.
In conclusion, the Court will be presented with highly varying testimony between the witnesses that the
Church and Library will present and those witnesses that the Personal Representative and Purchaser will
present. In these types of cases, the credibility of each witness weighs heavily on a Court's decision.
It is our hope that we may bolster the credibility of each of our respective witnesses by their
backgrounds, knowledge, and expertise, while also impeaching the credibility of those competing
witnesses by the means and methods stated in this letter hereinabove. All of that said, there may be some
value in discussing settlement with Mr. Hutchens' attorneys, Bobby and Conrad Odom. Although there
has been little to no settlement talks in this matter of any substance, now that the varying depositions
have been taken it may be such that Mr. Hutchens might consider settlement. Jack and 1 have discussed
an appropriate settlement figure and, in our opinion, we believe that a $60,000 settlement (above the
$35,000 that was paid in the purchase price) would be a viable and appropriate amount to settle upon.
That said, l am open to your thoughts and opinions in this regard. Additionally, if you do believe that
$60,000 is an appropriate figure, I think that any settlement discussions should be opened at a value
greater than $60,000 with the hopes of attaining $60,000 as a settlement amount. Whether or not
$60,000 is attainable from Mr. Hutchens is entirely unknown to me at this point in time. It very well
may be that he is insistent upon trying the matter and facing any subsequent judgment that may be
rendered against him.
Once you have had an opportunity to review letter and report, I invite your thoughts and impressions
with regard to the witness testimony described hereinabove and with respect to any potential settlement
amount. Please feel free to give me a cal I or shoot me and Jack and e-mail at your earliest convenience.
Thank you again, and do not hesitate to let me know should you have any questions or concerns.
20
Clients
September 20, 2012
Page 5
WFC/lk
Sincerely,
DAVIS, CLARK, BUTT, CARITIITRS
& TAYL R, PLC
William F. Clark
21
SIDNEY P. DAVIS, JR.
CONSTANCE G. CLARK
WM. JACKSON BUTT fI
KELLY CARITHLRS
DON A. TAYLOR
CASEY D. LAWSON
JOSHUA D. McFADDEN
COLIN M. JOHNSON
DAVIS, CLARK, BUTT, CARITHLRS & TAYLOR, PLC
ATTORNEYS AT LAW
19 EAST MOUNTAIN ST.
P. 0. 130X 1688
FAYETTEVILLE, ARKANSAS 72702-1688 J. DAVID DIXON
PHONE (479)521-7600 WILLIAM F. CLARK
FAX (479)521-7661
http://www.davis-firm.com WRITER'S DIRECT E-MAIL.
w eln Apvlavis-f rm.com
August 31, 2012
RE: In the Matter of the Estate of Bernice Helen
Dunaway, Deceased; Washington County Circuit
Court No. PR 2009-393-5
Hon. Beth Storey Bryan
Washington County Circuit Judge
P.O. Box`,1583
Fayetteville, AR 72701
Dear Judge Bryan:
A review of my file in the above -referenced matter has led me to realize that there are two pending
Motions that are ripe for hearing and determination at this time. Mr. Woodruff, on behalf of his client,
Julius Gaudet, Jr., has moved for summary judgment and a response has been filed by my clients to that
Motion. Mr. Gaudet's time in which to file a reply has since passed with no such reply brief being filed.
Accordingly, if this Court would like to set a hearing on the Motion for Summary Judgment, I would ask
that a hearing be scheduled at the Court's very earliest convenience.
Additionally, I have filed on behalf of my clients a Motion for Viewing of Property whereby I have
requested that the Court personally and physically view the disputed estate asset located at 2135 Juneway
Terrace. No responsive pleading has been filed by either Mr. Woodruff or Mr. Odom's clients, and their
time in which to file a responsive pleading has now passed. I have received word from Mr. Woodruff
that he is agreeable to such a viewing by the Court. At this time, however, I have not yet received word
from Mr. Odom as to whether his client is agreeable with a viewing or if he, in fact, intends to contest
that Motion for Viewing. Accordingly, if the Court would like to hold a hearing on this matter as well,
I would ask that this Motion be taken up at the summary judgment hearing whenever that hearing is set.
22
Hon. Beth Storey Bryan
August 31, 2012
Page 2
I very much appreciate your consideration to this matter and, as always, please do not hesitate to give
me a call should you have any questions or concerns. By copy of this letter to Mr. Odom and Mr.
Woodruff, I am apprising them of this request for a hearing on the above-mentioned Motions.
WPC/lk
cc: Mr. Bobby Odom
Mr. Ron Woodruff
bee : ,Mr. David Johnson
Mr. Tony Uth
Rev. Lowell Grisham
Sincerely,
DAVIS, CLARK, BUTT, CARITHERS
& TAYLOR, PLC
William F. Clark
23
SIDNEY P. DAVIS, JR.
CONSTANCE G. CLARK
WM. JACKSON BUTT 4
KELLY CARITHERS
DON A. TAYLOR
CASEY D. LAW SON
JOSHUA D. MCFADDEN
COLIN M. JOHNSON
DAVIS, CLARK, BUTT, CARITHERS & TAYLOR, PLC
ATTORNEYS AT LAW
19 EAST MOUNTAIN ST.
P. O. BOX 1688
FAYETTEVILLE, ARKANSAS 72702-1688
PHONE (479)521-7600
FAX (479)521-7661
http://www.davis-firm.com
Mr. onald G. Woodruff
WOORUFF LAW FIRM
P.O. D . wer 1866
Fayette 'Ile, AR 72702
Mr. Bobb Lee Odom
ODOM LA FIRM
P.O. Drawer\1868
Fayetteville, 3 R 72702
September 1 I, 2012
J. DAVID DIXON
WILLIAM F. CLARK
WRITER'S DIRECT E-MAIL
wclarl<rci davis-HrnLcom
RE: In the Matter of the Estate of Bernice Hele n
Dunaway, Deceased; Washington County Probate
Court No. PR 2009393-5
Dear Ron and Bobby:
Please find enclosed a file -marked copy of a Motion to Strike and Incorporated Brief in Support which
I have filed today in the above -referenced case.
Sincerely,
DAVIS, CLARK, BUTT, CARITHERS
& TAYLOR, PLC
William F. Clark
WFC/lk
Enclosure
bcc w/encl.: Rev. Lowell Grisham
Mj. Tony Uth, CPA, Chair
poIr. David Johnson, Executive Director
24
%0'2SEP
I1 Pli3:p1
IN THE CIRCUIT COURT OF WASLIINGTON COUNTY; %RI ANSAS
PROBATE DIVISION
IN THE MATTER OF THE ESTATE OF
BERNICE HELEN DUNAWAY, DECEASED
FAYETTEVILL.E PUBLIC LIBRARY FOUNDATION
AND ST. PAUL'S EPISCOPAL CI -LURCH
v.
JULIUS D. GAUDET, JR., PERSONAL REPRESENTATIVE
OF THE ESTATE OF BERNICE HELEN DUNAWAY, DECEASED
AND TRACY HUTCHENS AND REBECCA HUTCHENS,
HUSBAND AND WIFE
NO. PR 2009-393-5
PLAINTIFFS
DEFENDANTS
TRACY HUTCHENS AND REBECCA HUTCI-IENS,
HUSBAND AND WIFE COUNTER -PLAINTIFFS
v.
FAYETTEVILLE PUBLIC LIBRARY FOUNDATION;
ST. PAUL'S EPISCOPAL CHURCH; AND
JULIUS D. GAUDET, JR., PERSONAL REPRESENTATIVE
OF THE ESTATE OF BERNICE HELEN DUNAWAY,
DECEASED
COUNTER -DEFENDANTS
MOTION TO STRIKE
AND INCORPORATED BRIEF IN SUPPORT
Come now the plaintiffs, Fayetteville Public Library Foundation and St. Paul's Episcopal
Church, and for their motion for to strike Tracy and Rebecca Hutchens' "Objection to Motion for
Viewing", state and allege as follow:
(1) The plaintiffs filed a Motion for Viewing ofDisputed Estate Asset Located At 2135
Juneway Terrace on August 13, 2012.
25
(2) The separate defendant Julius D. Gaudet, Jr. did not file a responsive pleading to the
motion. The separate defendants, Tracy and Rebecca Hutchens, filed an "Objection" to the Motion
on or about September 9, 2012, nearly one full month after the filing of the Motion.
(3) The plaintiff respectfully request that this Court strike the separate defendants'
Objection pursuant to Rule 12(f) as the Objection was untimely filed under Rule (6)(c).
(4) Specifically, Rule 12(f), entitled "Motion to Strike", states that "Upon motion made
by a party before responding to a pleading ... the court may order stricken from any pleading any
insufficient defense ..." Ark. R. Civ. P. 12(f). Moreover, Rule 6(c) sets out the time requirements
for filing Responses to motions. That Rule explains, "... Any party opposing a motion shall serve
a response within 10 days after service of the motion." Ark. R. Civ. P. 6(c).
(5) Utilizing the 10 days in which the Hutchens' had to file a Responsive Motion to the
plaintiffs' Motion for Viewing filed on August 13, 2012 (including the 3 days for service by mail
and exclusive of Saturdays, Sundays and Legal Holidays), the separate defendants had until August
23, 2012, in which to timely file a responsive pleading. As mentioned above, the Hutchens did not
file a response until September 9, 2012 — more than 15 full days after the response was due to be
filed.
(6) hi light of the defendants' untimely response motion/objection, the plaintiffs move
this Court to strike from the record and from this Court's consideration the arguments, authorities
and statements of separate defendants contained with that motion as untimely and, thus, improper.
WHEREFORE, PREMISES CONSIDERED, the plaintiffs, Fayetteville Public Library
Foundation and St. Paul's Episcopal Church, respectfully move the Court to strike the separate
defendants' Tracy and Rebecca Hutchens' untimely filed "Objection to Motion for Viewing."
2
26
By:
FAYETTEVILLE PUBLIC LIBRARY FOUNDATION
and,T PAUL'S BPISGOPAL CHURCH
/
LrL /
Wm. Jackson `Butt, II #81026
Constance G. Clark #79033
William F. Clark #2010142
DAVIS, CLARK, BUTT, CARITHERS
& TAYLOR, PLC
P.O. Box 1688
Fayetteville, AR 72702-1688
(479) 521-7600
3
27
CERTIFICATE OF SERVICE
4
I, William F. Clark, hereby certify that I have on this 11 day of September, 2012, served
a copy of the within pleading on all counsel of record in the foregoing proceeding by hand delivering
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 G. Woodruff
WOODRUFF LAW FIRM
Post Office Drawer 1866
Fayetteville, AR 72702-1866
F,7 1/ / ttrr",
v
William F. Clark
4
28
SIDNEY 1'. DAVIS, JR.
CONSTANCE G. CLARK
WM JACKSON BUTT 11
KELLY CARITIIERI
DON A. TAYLOR
CASEYD. LAWSON
JOSHUA D M,I'ADDEN
COLIN M. JOHNSON
DAVIS, CLARK, BUTT, CARITI-IERS & TAYLOR, PLC
ATTORNEYS AT LAW
19 EAST MOUNTAIN Sr.
P. 0. 130X 1688
FAYETTEVILLE, ARKANSAS 72702-1688
PHONE (479)521-7600
FAX (479)521-7661
Mtp://www.davis-firaLcom
VIA FIAND DELIVERY
Mr. 'onald G. Woodruff
WOO GRUFF LAW FIRM
P.O. DT:wer 1866
Fayette 'Ile, AR 72702
VIA HA 1 DELIVERY
Mr. Bobby ee Odom
ODOM LA FIRM
P.O. Drawer 1168
Fayetteville, A 72702
Dear Ron and Booby:
September 14, 2012
1, DAVID DIXON
WILLIAM F CLARK
WRITER'S DIRECT E-MAIL
welark@dwis-firm.com
RE: In the Matter of the Estate of Bernice Hele n
Dunaway, Deceased; Washington County Probate
Court No. PR 2009393-5
Please find enclosed a file -marked copy of a Motion to Quash Subpoena Duces Tecum and for Protective
Order and Brief in Support which I have filed today in the above -referenced case.
Sincerely,
DAVIS, CLARK, BUTT, CARITI-IERS
& TAYLOR, PLC
William F. Clark
WFC/lk
Enclosure
bcc/encl: Rev. Lowell Grisham
Mr.. Tony Uth, CPA, Chair
David Johnson, Executive Director
29
r0
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS --
PROBATE DIVISION
IN THE MATTER OF THE ESTATE OF
BERNICE HELEN DUNAWAY, DECEASED
FAYETTEVILLE PUBLIC LIBRARY FOUNDATION
AND ST. PAUL'S EPISCOPAL CHURCH
v.
JULIUS D. GAUDET, JR., PERSONAL REPRESENTATIVE
OF THE ESTATE OF BERNICE HELEN DUNAWAY, DECEASED
AND TRACY HUTCHENS AND REBECCA HUTCHENS,
HUSBAND AND WIFE
-n
c>
CD
NO. PR 2009-93-5
PLAINTIFFS
DEFENDANTS
TRACY HUTCHENS AND REBECCA HUTCHENS,
HUSBAND AND WIFE COUNTER -PLAINTIFFS
v.
FAYETTEVILLE PUBLIC LIBRARY FOUNDATION;
ST. PAUL'S EPISCOPAL CHURCH; AND
JULIUS D. GAUDET, JR., PERSONAL REPRESENTATIVE
OF THE ESTATE OF BERNICE HELEN DUNAWAY,
DECEASED
COUNTER -DEFENDANTS
MOTION TO QUASH SUBPOENA DUCES TECUM
AND FOR PROTECTIVE ORDER
Come now the Plaintiffs, Fayetteville Public Library Foundation and St. Paul's Episcopal
Church, and for their Motion to Quash Subpoena Duces Tecum and for Protective Order, states and
alleges as follows:
1. On or about Friday, September 7, 2012, Separate Defendant Julius D. Gaudet served
Plaintiff's counsel with separate Subpoena Duces Tecum and accompanying Notice to Take
30
