COUNCIL MINUTES JANUARY, 2024

Date Posted: 02/21/2024

CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
JANUARY 16, 2024

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, January 16, 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. City Attorney Ron Kincade was present as well. Department Heads in attendance were Water and Street Superintendent Michael Dewey, Police Chief Tim Mayfield, and Fire Chief Michael Glotzl.

Mayor Braim departed from the normal order of business and initiated a discussion with the City Council and City Attorney Kincade regarding deficiencies found by the Arkansas Department of Health in the new city water well. Copies of three letters were distributed to Council Members. These were from the Arkansas Department of Health, Elllington Engineering Services, LLC, and Granite Re, Inc. The letter from Ellington Engineering had just been received. It advised the contractors Granite Re, Inc. and Midwest Hydro Drilling and Services, Inc. of a material defect that was made during the construction of the water well, and that the Arkansas Department of Health has ordered the well to be put offline until the defect can be remedied. There is a one year warranty on the work, which will expire on January 26, 2024. The letter from Granite Re, Inc. indicated they are "...opening a file to gather information and investigate....", but have provided no other assurances with respect to remedying the defect. City Attorney Kincade recommended that the City of Gassville initiate litigation before the warranty deadline expires in order to enforce the terms of the contract and warranty to provide for a remedy for the defect. In addition to himself, as City Attorney, Mr. Kincade recommended that the City contract with Attorney H. David Blair to represent the City in this litigation.

After a period of discussion, Council Member Seaman moved that the City of Gassville contract with City Attorney Ronald P. Kincade and Attorney H. David Blair for the purpose of initiating litigation as indicated above. This motion was seconded by Council Member Bird. Mayor Braim called 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.

Council Member Seaman then moved additionally that the Mayor be authorized, empowered, and directed to sign and execute the contract with Mr. Kincade and Mr. Blair on behalf of the City of Gassville. 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 Mayor declared the motion carried.

The Mayor then returned to the normal order of business.

The minutes from the last regular meeting held December 19, 2023 were then up for consideration. Council Member Seaman moved to approve those minutes as presented, which motion was seconded by Council Member Bird. No corrections or additions were called for, whereupon 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 Mayor declared the motion carried.

The financial report for the month of December, 2023, was presented for approval. Council Member Bird then moved to approve the financial report, which 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.

Police Chief Mayfield gave the police department report for the month of December, 2023, as well as the report for calendar year 2023. They were accepted into the record without objection.

Fire Chief Glotzl gave the fire department report for the month of December, 2023, as well as the report for calendar year 2023. They were accepted into the record without objection.

Mayor Braim gave the building inspection report for the period of December 19, 2023 through January 8, 2024, as well as the report for calendar year 2023. They were accepted into the record without objection.

The Cotter-Gassville Joint Sewer Commission has not met since the last meeting of the City Council, and thus no report was available.

The Gassville Planning and Zoning Commission still does not have enough members to constitute a quorum to meet, however Council Member Lassen stated she has two potential applicants that she will present to the City Council for consideration next month. A third applicant is being sought.

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The Personnel Committee had met. It made recommendations to the City Council with respect to establishing new minimum starting wages for all city employee positions, which proposal will be considered in ordinance form later in this meeting. The Personnel Committee also discussed potentially amending the city's sick time policy. In addition, a recommendation was made to allow the Fire Chief to hire three employees on a part time basis to allow for utilization of the 24 hours per week wages that have been budgeted for 2024. The Mayor asked that this request be approved by the City Council, whereupon Council Member Bird moved to authorize the hiring of three part time fire department employees as recommended for this purpose, not to exceed collectively 24 hours per week on payroll. This motion was seconded by Council Member Lassen. Mayor Braim called 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.

Moving along to unfinished business, the City Council took up consideration of approval of the 2022 Water and Wastewater Audit. Mr. Brian Haas, CPA, had presented the audit report to the City Council at the last meeting and answered any questions that had been raised. Council Member Seaman moved to approve the 2022 Water and Wastewater report as presented, 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 Mayor declared the motion carried.

Under new business, the City Council took up consideration of Proposed Resolution No. 2024-01, the 2024 budget resolution. Council Member McFarland moved to have the proposed resolution read, which 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 Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed resolution, entitled:

"RESOLUTION NO. 2024-01. 2024 BUDGET RESOLUTION"

Council Member Seaman moved to adopt the resolution as read, which 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. The Mayor declared the motion carried and RESOLUTION NO. 2024-01 to be adopted.

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Proposed Resolution No. 2024-02, the 2023 budget reconciliation resolution, was then up for consideration. Council Member Bird moved to have the resolution read, which 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 Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed resolution, entitled:

"RESOLUTION NO. 2024-02. A RESOLUTION RECONCILING THE PROJECTED BUDGET FOR THE CITY OF GASSVILLE, ARKANSAS FOR THE CALENDAR YEAR 2023 WITH THE ACTUAL INCOME AND EXPENSES."

Council Member Lassen moved to adopt the resolution as read, which motion was seconded by Council Member Seaman. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays. The Mayor declared the motion carried and RESOLUTION NO. 2024-02 to be adopted.

Continuing under new business, the City Council took up consideration of Proposed Ordinance No. 2024-01 dealing with the placement of shipping containers and semi-truck trailers on residential property. Council Member Lassen moved to place the proposed ordinance on its first reading, which motion was seconded by Council Member Seaman. 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 Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed ordinance in its entirety, entitled:

"ORDINANCE NO. 2024-01. AN ORDINANCE REGULATING SHIPPING CONTAINERS AND SEMI-TRUCK TRAILERS FOR THE PURPOSE OF ANY TYPE OF STORAGE ON RESIDENTIAL PROPERTIES IN THE CITY OF GASSVILLE, ARKANSAS, DEFINING SUCH CONTAINERS AND FOR OTHER PURPOSES."

The City Council then took up consideration of Proposed Ordinance 2024-02 concerning minimum starting pay rates for city employees. Council Member Bird moved to place the proposed ordinance on its first reading, which 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 Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed ordinance in its entirety, entitled:

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"ORDINANCE NO. 2024-02. AN ORDINANCE AMENDING ORDINANCE 2021-06 SPECIFICALLY "ATTACHMENT A" ESTABLISHING MINIMUM SALARIES PER POSITION IN THE CITY OF GASSIVLLE AND ALLOWING FOR A SCALE FOR THE MAYOR TO HIRE WITHOUT COUNCIL APPROVAL AND FOR OTHER PURPOSES."

The yearly organizational chart for the city government for 2024 that establishes meeting times, order of agenda, and items such as committee appointments was presented to the City Council for its approval. Council Member McFarland moved to adopt the organizational chart as submitted, which motion was seconded by Council Member Seaman. 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. A copy of the organizational chart is attached hereto and incorporated herein by reference.

Mayor Braim then provided updates to the City Council on various issues, to-wit:

1. He and Council Members Lassen and Seaman recently attended the Arkansas Municipal League's Winter Conference. Online training and educational programs are now available for city officials. 250 hours of training will be offered. Fees are required to participate in this training.

2. A pre-construction meeting has been held concerning the Lancaster Park Trail project.

3. Mr. Rob Williams with Yelcot Telephone Co. will address the City Council during a work session on January 25th at 6:00 PM concerning a new phone system for the city hall.

There being no further business to come before the City Council at this time, the meeting was adjourned at 7:23 PM upon motion of Council Member Bird, seconded by Council Member McFarland, with all members voting in favor.

Submitted by: /s/ Jeffrey Lewis,
Recorder-Treasurer

Approved by: /s/ Jeff Braim,
Mayor

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