CITY COUNCIL MINUTES NOVEMBER, 2021

Date Posted: 01/03/2022

CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2021

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, November 16, 2021, at the Gassville Community Center. Mayor Braim led those in attendance in saying the Pledge of Allegiance to the flag and he offered a word of prayer. The meeting was then called to order at 6:00 PM by Mayor Jeff Braim, Presiding Officer.

Upon the calling of the roll, those in attendance were Council Member Ernest Adkins, Council Member Tim McFarland, Council Member Anita Seaman, Council Member Naomi Lassen, Council Member Kenneth Smith, Council Member Ralph Bird, Mayor Jeff Braim, and Recorder-Treasurer Jeff Lewis. Department Heads in attendance were Police Chief Tim Mayfield, Water and Street Superintendent Tony Flippin, and Fire Chief Michael Glotzl.

Mayor Braim began the meeting by asking Mike and Beth Dewey to come forward from the audience. He presented them with a plaque recognizing their business, Taylor's Freeze King, as having been in business in Gassville for the past fifty (50) years. Mayor Braim also declared that at some point in the future he will be issuing a proclamation for a "Freeze King Day" in Gassville. Mr. and Mrs. Dewey were very appreciative of the award and recognition.

Mayor Braim provided his proposed city budget for calendar year 2022 to the City Council, which is scheduled to meet in a budget work session immediately following the conclusion of this meeting.

The minutes from the October 19, 2021 regular meeting had been provided to each Council Member. Council Member Bird moved to approve the minutes as presented. This motion was seconded by Council Member Lassen. There were no additions or corrections asked for, whereupon the Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.

The financial report for the month of October, 2021 was presented to the City Council. Council Member McFarland moved to approve the financial report as presented. This motion was seconded by Council Member Smith. Mayor Braim informed the City Council that some of the ARPA funds have now been expended, with payments going to NWAEDD toward the administrative services contract and to Ellington Engineering. Mayor Braim then called for a vote to approve the report. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.

Police Chief Mayfield gave the police department report for the month of October, 2021. It was accepted into the record without objection.

Fire Chief Glotzl gave the fire department report for the month of October 2021. It was accepted into the record without objection. Following this report, Chief Glotzl presented three separate automatic aid agreements for the City Council's consideration. The first two were renewals of existing agreements with the Cotter Fire Department and with the Gassville-Cotter Rural Fire Department. The third was for a new agreement with the Flippin Fire Department. Mayor Braim stated the proposed new agreement with Flippin could be discussed separately. Chief Glotzl stated that the only changes to the existing agreements with Cotter and Gassville-Cotter Rural was that they were expanded to include automatic aid responses for additional categories of calls, specifically for motor vehicle accidents, brush fires, and water emergencies. Council Member Bird moved to renew and approve the agreements, as modified, with the Cotter Fire Department and with the Gassville-Cotter Rural Fire Department. This motion was seconded by Council Member McFarland. After further discussion, Mayor Braim called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

The proposed new agreement with the Flippin Fire Department was then taken up. Chief Glotzl explained the benefits for having this agreement, how it would operate, and stated this automatic aid would only be applicable to structure fires. After a period of discussion, Council Member Bird moved to approve the new automatic aid agreement with the Flippin Fire Department as was presented. This motion was seconded by Council Member Smith. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays. The Mayor declared the motion to be passed. Mayor Braim and Fire Chief Glotzl will sign all three agreements on behalf of the City of Gassville.

Mayor Braim gave the building inspection report for the period of October 13th through November 8th. It was accepted into the record without objection.

Council Member Lassen gave a report from the Gassville Planning and Zoning Commission. Copies of the minutes from its last meeting were provided to the City Council. The meeting involved a request for a variance from Ben Stryder and finishing up the draft of the proposed Tree City Ordinance, as well as naming three persons who agreed to serve as volunteers on a Tree City Advisory Committee that would be created by said ordinance if passed.

-2-
The variance request was approved on a split vote in 3 members in favor and 2 members opposed. Council Member Bird moved to approve the minutes from the Planning and Zoning Commission as submitted. This motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Last month it was reported that a gear box replacement was needed at the Wastewater Treatment Facility. Mayor Braim stated that he is asking the City Council for an appropriation of $9,500.00 from the WWTF Capital Improvement Savings Account #50 to pay for this part, which comes from a supplier in Georgia. Council Member Adkins moved to appropriate $9,500.00 from the WWTF Capital Improvement Savings Account #50 for this purpose. The motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Under unfinished business, Mr. Brian Haas, CPA, addressed the City Council with respect to the 2020 Water and Wastewater Audit that he prepared, a copy of which had been supplied to each member. Mr. Haas will be submitting the audit to the state within the new two or three weeks, and the City Council will be asked to approve the audit after members have had time to review it further.

Under new business, Proposed Ordinance 2021-04, the proposed Tree City USA Ordinance, was presented. Council Member Seaman moved to place the proposed ordinance on its first reading. The motion was seconded by Council Member Lassen. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, the Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed ordinance entitled:

"ORDINANCE NUMBER 2021-04. TREE ORDINANCE"

There followed a considerable amount of discussion, primarily over the amount or level of authority the city would be able to exercise over trees and shrubbery located on private property. The City Council and the Mayor wanted assurance that the ordinance would not permit the city or a future administration to interfere with private property rights, or to allow the advisory committee that would be created under this ordinance to promulgate administrative rules and regulations that would in any way affect private property rights.

-3-
Council Member Lassen stressed that it is not the intent of the Tree City USA proposal to adversely impact private property rights, and it would only grant the planning and zoning commission leeway to require inclusion of tree management and landscaping designs in future property development plans submitted by residential and commercial developers. Some clarification language to address these concerns will be made to the proposed ordinance before it comes up for the second reading in December. Mayor Braim stated he has already spoken with the City Attorney about this proposed ordinance, and the City Attorney pointed out that the city already has authority under existing city and state law to deal with tree and shrubbery issues occurring on city right-of-ways and within street intersection site triangles. This proposed ordinance would not alter or enhance the authority that already exists.

The next order of business was a proposal from Entergy for the city to participate in what it deems a "solar option" for electricity usage. The option is currently available to municipalities and school districts. It is not currently available for residential or commercial customers in this area. There would be no costs or expense to the city government for joining this program. The city would realize approximately a 20% reduction in electricity costs if it agrees to participate. Council Member Lassen moved that the City of Gassville join and participate in the solar option through Entergy. This motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

The City Council then recessed from regular session and went into executive session at 7:01 PM upon motion of Council Member Seaman, seconded by Council Member Adkins, with all members voting in favor, for the purpose of discussing an employee promotion.

The City Council concluded the executive session and returned to regular session at 7:16 PM. The Mayor then announced that city employee Mike Dewey is being promoted to Superintendent of the Water and Street Departments, which is a department head position. He asked the City Council to authorize an increase in pay for Mr. Dewey to $24.00 per hour, with ½ of that ($12.00 per hour) coming from the Water Fund and the other ½ ($12.00 per hour) coming from the Street Fund. Council Member Bird moved to authorize the pay increase for Superintendent Dewey in the manner stated. This motion was seconded by Council Member Adkins. The Mayor then called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

-4-

Mayor Braim then updated the City Council on various matters, to-wit:

1. The Mayor has contacted several accounting/auditing firms for the purpose of inquiring about costs for the required federal compliance audit. Each of the firms the Mayor contacted gave a quote that the Mayor believes to be unreasonable. AEDC has since provided the Mayor with contact information for additional accounting firms, which he will be reaching out to.

2. The city has still not received the final audit report on city accounts for 2019 and 2020 from the Arkansas Division of Legislative Audit. As soon as it is received, it will be presented to the City Council for approval.

3. Mayor Braim spoke about the Rural Services Conference he recently attended.

4. The city hall parking lot paving will hopefully be completed tomorrow.

5. The new drive-up window for the city hall is supposed to be delivered next week.

6. A meeting of the Water and Wastewater Committee will be scheduled for December.

7. Tony Flippin stated that the city will be purchasing two pumps and a control panel from Sonic for $500.

Prior to adjournment, upon inquiry from Council Member Adkins, the Mayor stated he had been in contact with the Resident Engineer of the Arkansas Department of Transportation with respect to completion on the remaining work to be done on the U. S. Hwy 62/412 resurfacing project. This should be completed soon.

There being no further business to come before the City Council the meeting then adjourned at 7:24 PM upon motion of Council Member Bird, seconded by Council Member Smith, with all members voting in favor.

Submitted by: /s/ Jeffrey Lewis
Recorder-Treasurer

Approved by: /s/ Jeff Braim
Mayor

-5-