COUNCIL MINUTES AUGUST, 2024
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
AUGUST 20, 2024
A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, August 20, 2024 at the Gassville Community Center. Mayor Braim led those in attendance in saying the Pledge of Allegiance to the flag and offering 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 Kenneth Smith, Council Member Tim McFarland, Council Member Anita Seaman, Council Member Naomi Lassen, Council Member Ernest Adkins, Council Member Ralph Bird, Mayor Jeff Braim, and Recorder-Treasurer Jeff Lewis. Department Heads in attendance were Police Chief Tim Mayfield, Fire Chief Michael Glotzl, and Water and Street Superintendent Michael Dewey.
The minutes from the July 16, 2024 meeting were presented to the City Council for consideration and approval. Council Member Bird moved to approve the minutes as submitted. This motion was seconded by Council Member Lassen. Mayor Braim called for corrections or additions. None were forthcoming, whereupon he called for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The financial report for the month of July, 2024 was submitted to the City Council for review and approval. The report was generated by the new CenterPoint accounting software that the city has just started using. Council Member Adkins moved to approve the financial report as presented. This motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
Police Chief Mayfield gave the police department report for the month of July, 2024. It was accepted into the record without objection.
Fire Chief Glotzl gave the fire department report for the month of July, 2024. It was accepted into the record without objection.
The Cotter-Gassville Joint Sewer Commission did not meet this month, however Mayor Braim did give an update. During recent flooding in the Denton Ferry Road area, some of the collection system lines were exposed and bowed or damaged. They have now been repaired. One of the contractor's excavators was also damaged or destroyed. The flood event resulted in changes in the plans for the location of the second lift station being built as part of the Phase II project. It has been decided to relocate the lift station site to a higher elevation. The expense for the change will come from contingency funds already in place for the renovation project.
The Gassville Planning and Zoning Commission had met on August 12th. A copy of the minutes from that meeting were distributed to each Council Member. A copy of those minutes are attached hereto and incorporated herein by reference. Council Member Seaman moved to approve those minutes as presented, which motion was seconded by Council Member McFarland. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried. No further report was given.
Mayor Braim gave the building inspection report for the period of July 13th through August 19th. It was also accepted into the record without objection.
In unfinished business, the City Council first heard updates on the various properties that have been under consideration for condemnation proceedings because of their dilapidated and unsafe conditions. With respect to 237 E. Factory Place, one of the heirs of the deceased property owner informed the City Council that Attorney Matt Stone this date filed an Affidavit of Small Estate with the Circuit Clerk's Office, which is the initial step of obtaining a court order to vest ownership of the property in a designated heir so that it can then be sold and transferred to a prospective buyer, in this case Mr. Andy Smith. She also reported that two more loads of debris have been hauled away from the property, one old camper trailer has been removed, and that Mr. Smith is continuing to mow the property. Although Attorney Stone was not present during this discussion, he arrived shortly thereafter to confirm that the collection of small estate process has been initiated with the filing of court documents, that the necessary notice is being published in the newspaper, and that the process should be completed within 90 days. In addition, Mr. Stone stated that other heirs who have a legal interest in the property are cooperating and have agreed to waive their interests in order that the sale of the property can take place.
With respect to the Pemberton property on Lakeview Drive, the Mayor reported that dumpsters have been placed at the property for debris, and that a demolition permit will be obtained after all the utility lines have been located and marked.
With respect to the property on Hwy 62/Main St., the new owner, Mr. Mann, is checking on the stability of the foundation of the house and other issues before finalizing his plans for the property.
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At last months meeting, the City Council heard a request from Coach Davis at Cotter Public Schools about the possibility of the City purchasing a pitching mound for the ball field at the city park. The school wishes to use the ball field for practice, home games, and tournaments. The City Council agreed to consider the purchase if more information was provided on costs. Council Members were provided with information on a ProMounds major league pitching mound with clay turf that is sold by On Deck Sports. The cost would be $1,575.00 plus $176.72 in shipping costs and then sales tax. The total cost would be approximately $1,897.00. If purchased, the mound would belong to the city and could be used whenever needed. It would be stored in the concession stand when not in use. Council Member Lassen moved to approve this purchase, which motion was seconded by Council Member Seaman. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. It was also suggested that the Parks Committee members meet with the school officials to discuss an agreement on when and on what terms the ball field will be made available for organized use by the school.
Under new business, the City Council took up consideration of sealed bids that have been solicited for two pieces of fire department apparatus that had been advertised for sale. Sealed bids were solicited, and the required notice had been published in The Baxter Bulletin on July 27th and August 10th. The affidavit of publication is on file. Two sealed bids were received, each of which were for the 1992 Freightliner tanker truck. No bids were received for the fire engine pumper. The bids were opened and read as follows:
Tracy Area Fire Protection District: Bid $36,555.99 for the tanker
City of Salesville Fire Department: Bid $35,000.00 for the tanker
Fire Chief Glotzl had thought the tanker would bring between $45,000 and $55,000 and was disappointed in the low bid amounts. Council Member Adkins asked Chief Glotzl if he would accept the high bid received if it was his decision alone to make. Chief Glotzl replied that no, he would not accept the bid. Council Member Adkins then moved to reject the bids received, which motion was seconded by Council Member Bird. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
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The next order of business was consideration of the purchase of a new police vehicle. A state bid quote has been received from Superior Auto Group for a 2024 Dodge Durango. The police department has been purchasing Chevrolet Tahoes, but they are not currently being offered on state bid. The price for the Dodge Durango would be $56,722.88, which would include all emergency equipment upfitting. The vehicle would come with a 5 year or 100,000 mile powertrain warranty. There is currently $21,189.49 in the new police vehicle account #02593. The remaining expense would have to come from a new General Fund appropriation if the City Council approves the purchase. After a period of discussion, Council Member Bird moved to authorize the purchase of the 2024 Dodge Durango at state bid cost from Superior Auto Group, with $21,189.49 from the new police vehicle account being used toward this purchase and with a new appropriation of $36,000.00 from the General Fund for this purchase. The motion was seconded by Council Member Adkins. The Mayor called for additional discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The matter of recouping the expenses the City incurred from demolition and clean-up of the property at 104 Hopper Street that had been condemned was next discussed. The City incurred $6,789.63 in net expenses that can be attached as a lien against the property. In order to do this, an action must be filed in court. Council Member Adkins moved to hire Attorney Kerry Chism to proceed with court action to place and secure a binding lien against the property in favor of the City of Gassville and to pay for all necessary attorney fees, filing fees, and publication costs, if any. This motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.
The final order of new business was the consideration of Proposed Ordinance 2024-05 on its first reading. This ordinance would formally adopt the personnel policy handbook, including recent revisions that have been made. Council Member Adkins moved to place the proposed ordinance on its first reading. This motion was seconded by Council Member Lassen. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. Thereupon, Recorder-Treasurer Lewis read aloud in its entirety the proposed ordinance entitled:
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"ORDINANCE NO. 2024-05. AN ORDINANCE ADOPTING THE CITY OF GASSVILLE (2024) PERSONNEL POLICY HANDBOOK, SAFETY MANUAL, AND ARKANSAS ASSOCIATION OF CHIEFS OF POLICE (AACP FOR POLICE DEPARTMENT) AND FOR OTHER PURPOSES."
The proposed ordinance will come back for a second reading in September.
Mayor Braim then updated the City Council on various topics, to-wit:
1. The City has received a set of interrogatories to be answered pertaining to the lawsuit over the new city water well. Superintendent Dewey reported that the several weeks of additional testing has been completed. The City is now awaiting findings on the results from the Arkansas Department of Health. Pumping will continue to take place occasionally while awaiting the findings.
2. Some new playground equipment has been ordered for the city park to replace old equipment that is deteriorating.
3. The Mayor met with Engineer Trey Foster of Civil Engineering Associates of Conway, Arkansas and toured Gassville's facilities. The Mayor noted that the city water tower will soon need to be cleaned inside and have the outside painted again.
4. The Arkansas Division of Legislative Audit is now conducting the 2022-2023 audit for the City of Gassville. Also, CPA Brian Haas will soon begin preparing the 2023 water/wastewater audit.
5. With the implementation of a permanent ½ cent city sales tax for the water and sewer system approved by the voters, the Mayor contacted state authorities to find out if the City Council can repeal the previous automatic 3% yearly rate increases that were approved by ordinance. He learned that the rate increases can be repealed, but that the state will continue to monitor the financial solvency of the water and sewer department. Mayor Braim will present an ordinance to the City Council to repeal the automatic rate increases previously adopted.
6. A request was made for the City Council to authorize the creation of a new income line item and a new expense line item in the water and sewer department budget for non-taxable water sales. The reason for this request is that water sold to the Gassville post office, a federal entity, is non-taxable and needs to be accounted for separately.
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Council Member Lassen moved to authorize the creation of these line items with a beginning amount of $500. This motion was seconded by Council Member Seaman. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.
7. The Mayor brought up a proposed Intergovernmental Services Agreement between Baxter County and the City of Gassville for Baxter County to provide 9-1-1 and dispatch services for Gassville. This agreement was drawn up by Baxter County. This is a new concept that would require Gassville to now pay for call taking and dispatching services that have never previously been charged for since the creation of the E-911 call center decades ago. Baxter County is now requesting that Gassville initially pay $10,430 a year for this purpose, as well as sharing in the future expense of equipment costs. The agreement goes on to state that if Gassville refuses to pay, then the Baxter County E-911 Center will discontinue providing dispatching services for Gassville. This proposal was not well received by Council Members, and they insist that County Judge Litty attend a future Council Meeting in person to explain why he is asking for this. No action was taken on the matter following a motion by Council Member Smith to table, seconded by Council Member McFarland, with all members voting in favor.
8. Mayor Braim set a meeting of the Water and Sewer Committee for September 9th at 10:00 AM.
Council Member McFarland brought up the vehicle home storage policy for department heads. The City Council recently adopted a vehicle home storage policy for police officers that allowed for home storage if the officer lived within ten roadway miles of the Gassville city limits and resided in Baxter County. The Chief of Police, as a department head, was not to be limited by this mileage restriction. This exemption to the mileage restriction was not addressed with respect to the heads of other city departments. Council Member Bird moved that the vehicle home storage policy for the Chief of Police also be applied to the heads of other city departments, with the ten roadway mile limitation being waived. This motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.
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There being no further business to come before the City Council at this time, the meeting then adjourned at 7:25 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
