COUNCIL MINUTES JULY 2024

Date Posted: 08/21/2024

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

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, July 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 Ralph Bird, Mayor Jeff Braim, and Recorder-Treasurer Jeff Lewis. Council Member Ernest Adkins was absent. Department Heads in attendance were Police Chief Tim Mayfield, Fire Chief Michael Glotzl, and Water and Street Superintendent Michael Dewey. City Inspector Shane Marler and Deputy Prosecuting Attorney Kerry Chism were present as well.

The minutes from the June 18, 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, 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 June, 2024 was submitted to the City Council for review and approval. Council Member Seaman moved to approve the financial report as presented. This motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, 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 June, 2024. It was accepted into the record without objection.

Fire Chief Glotzl gave the fire department report for the month of June, 2024. It was accepted into the record without objection. He then asked the City Council to approve changes to the fire department's standard operations guidelines (SOGs) that had been provided to them for review. The revisions provide clarification for vehicle operation guidelines as well as changes to apparatus use. Council Member Lassen moved to approve the changes to the fire department SOGs as requested, which motion was seconded by Council Member McFarland. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Smith voted for the motion. There were no nays, and the motion was declared to be carried.

Fire Chief Glotzl then went on to address the City Council with respect to proposed new OHSA rules that would adversely affect fire departments throughout the nation. The Baxter County Fire Chief's Association has written a letter to OHSA to oppose implementation of the new rules, as has the entire Arkansas Congressional Delegation.

Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission, which had met on July 11th. At the wastewater treatment facility, a backflow preventer device needs to be replaced, and the facility dealt with excess sludge from the remnants of the recent hurricane. Otherwise, the facility is operating normally with just normal maintenance being performed. The line crew is continuing with brush-hogging work, and grease trap inspections are continuing. The work on the second part of the "Phase II" renovation of the collection system is still underway with a projected completion date in October. Issues with solid rock have been encountered. Council Member Seamans report also included updated information on the wet wells and lift stations. An unanticipated environmental impact study in the Ryan Road area in Cotter is going to be needed, which will be estimated to cost approximately $30,000. It is thought that this can be paid for out of contingency funds.

The Public Safety Committee met on June 28th. Council Members had been provided with a copy of the minutes from that meeting. Council Member Smith moved to approve those minutes as prepared, which motion was seconded by Council Member Bird. Mayor Braim called for additions or corrections. None were forthcoming, whereupon he called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

The Personnel Committee had also met on June 28th. Council Members had been provided with a copy of the minutes from that meeting as well. Council Member Bird moved to approve those minutes, which motion was seconded by Council Member McFarland. Mayor Braim called for additions or corrections. None were forthcoming, whereupon he called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

The City Inspector gave the building inspection report for the period of June 15th through July 12th. It was accepted into the record without objection.

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Moving on to agenda items, the City Council next heard updates on various properties that have either already been approved for condemnation by resolution or that are under consideration for condemnation proceedings. The first property discussed was at 237 E. Factory Place. The owner of record of that property is deceased. City Inspector Marler gave an updated report to the City Council on the condition of this property. He believes the structure on the property is salvageable and can be renovated to code if enough money and labor is put into it. Local attorney Matt Stone then spoke. He stated he has been retained by one of the several heirs to the property to get the property placed into the name of his client so that it can then be sold to a prospective buyer and deeded over. Mr. Stone believes the matter can be resolved by the filing of a "Collection of Small Estate" process under Arkansas Code 28-41-101. He asked the City Council for an extension of time to allow for the paperwork to be filed with the court and for the proceedings to then move forward to resolution. Mr. Stone stated he can have the paperwork filed within the next thirty days. Mr. Chism, representing the City of Gassville, believes this would be at least a six month process before there is a final resolution. A prospective buyer of the property, Mr. Andy Smith, has already undertaken steps to clean up the property by hauling away debris and other activities. He has appeared before the City Council each month to assure the City Council of his continued interest in acquiring the property. He is continuing to try and abate the nuisance through additional clean-up, mowing, and removal of debris. Council Member Bird asked that the parties involved get together with the City Inspector and come up with a plan to keep moving forward to resolve this situation and to continue making regular monthly reports to the City Council. The parties all agreed to this, and the City Council took no formal action on the matter.

The second property up for discussion is at 104 Hopper Street. Inspector Marler gave the City Council an updated and detailed report on the outside and inside of the structure. He does not believe this structure can be renovated and brought up to code. It has dilapidated beyond being salvageable. This particular structure has already been condemned by the City Council via passage of a formal resolution at a previous meeting. The City has already incurred $1,401 in expenses related to clearing debris there and for a survey. The owner of the property, Mr. George Bernardy from Anchorage, Alaska, had written a letter to the City Council dated June 20, 2024 stating he has a potential buyer for the property and claimed he had been working diligently since May 23, 2024 in making the sale happen. He alleged in his letter that the City has reneged on a thirty day window to allow him to sell the property. More than 30 days has lapsed, however, since the City had previously given written notice to Mr. Bernardy of intent to undertake condemnation proceedings.

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The prospective buyer of the property, Mr. Logan Palmer, was present and addressed the City Council. He stated he has prior experience and knowledge with regards to making the kind of renovations that would be needed to bring the old house on the property up to code. He then went into a break-out session with the City Inspector to further review the condition of the structure and all of the code requirements that would have to be met in order to renovate the house and make it occupiable again. After that discussion, Mr. Palmer realized that the structure could not be renovated to code and seemed to withdraw his interest in the property. The City will continue with plans to demolish the structure pursuant to the provisions of the governing ordinance, with the cost incurred by the city to be attached as a lien against the property.

The current status of the property on Lakeview Drive and the property on Highway 62 were also briefly mentioned, but no action taken with respect to either of them.

In other business, the head baseball coach from Cotter Public Schools addressed the City Council pertaining to use of the ball field at the city park for 6th, 7th, and 8th graders. He wants to use the field for after school practice and for home games and tournaments. This would not begin until March, 2025. He also asked if the City Council would approve buying an all-weather portable mound for the field. Council Members were agreeable for using the park for those purposes and seemed open to buying a mound, depending on the cost. Some cost estimates will be presented to the City Council later.

The next order of business was consideration of Proposed Ordinance 2024-03 on its third reading. Council Member McFarland moved to place the proposed ordinance on its third and final reading by title only. The motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2024-03. AN ORDINANCE SETTING WATER METER DEPOSIT FEES, ESTABLISHING SEPARATE DEPOSIT AMOUNTS FOR WATER CUSTOMERS THAT OWN OR RENT/LEASE IN THE CITY OF GASSVILLE, ARKANSAS AND FOR OTHER PURPOSES."

Council Member Lassen then moved to adopt the proposed ordinance as read. This motion was seconded by Council Member Seaman. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

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Proposed Ordinance No. 2024-04 was then up for consideration on its third reading. Council Member Seaman moved to place the Proposed Ordinance on its third and final reading by title only. This motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2024-04. AN ORDINANCE AMENDING ORDINANCE NO. 2018-03 ESTABLISHING THE DUE DATE FOR WATER/SEWER SERVE BILLING, SETTING THE DISCONNECT DATE FOR PAST DUE BILLS AND FOR OTHER PURPOSES."

Council Member Bird then moved to adopt the proposed ordinance as read. This motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

Under new business, the City Council took up the consideration of recommendations made by the Public Safety Committee and the Personnel Committee.

A recommendation had been made by the Public Safety Committee to approve the signing of a formal agreement between the City of Gassville Fire Department and the Cotter-Gassville Rural Fire Protection District. This agreement would simply formalize operational procedures that are already in place between the two departments and be beneficial for meeting ISO and OHSA standards. Council Member Bird moved to authorize the signing and execution of the agreement as presented, which motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

The Public Safety Committee also recommended the sale and disposal of two pieces of fire department apparatus that are of limited value to the fire department. These are Engine 2 and Tanker 1, both of which are over 30 years old. Fire Chief Glotzl would like to see them replaced with a newer combined pumper/tanker unit in order to get ISO credit for having a "reserve tanker". He estimated that Engine 2 would bring between $25,000 to $30,000 if sold and Tanker 1 would bring between $40,000 and $60,000. Council Member Bird moved to immediately put those two pieces of fire apparatus up for sale utilizing the normal legal process for doing so.

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This motion was seconded by Council Member McFarland. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. If these vehicles are sold, then Fire Chief Glotzl will immediately begin searching for a replacement unit and present options to the City Council.

With respect to police vehicle purchases, Mayor Braim stated he has received a price list from Superior Auto. The police department's Dodge Charger is in need of replacement. No action was taken on this matter.

The City Council then took up consideration of recommendations made by the Personnel Committee. A draft of a new sick time policy revision for the personnel policy manual was presented. This would increase the amount of sick time allowed to be accrued by full time employees to 720 hours (90 days). A copy of this policy revision draft is attached hereto and incorporated herein by reference. Council Member Lassen moved to approve the sick time policy change and to incorporate it into the personnel policy manual. This motion was seconded by Council Member McFarland. After a period of discussion, the Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

(Note: It was later realized that in order to increase sick time leave for police department officers the City Council must do so by ordinance as mandated by state statute. An ordinance for this purpose will be on the agenda for the next meeting)

The next proposal was a change in the vehicle take home policy for full time police officers. The recommendation is to allow full time officers to have a take home, or home storage, police vehicle if they live within ten highway miles of the city limits and live within Baxter County. A written draft of this policy was presented, a copy of which is attached hereto and incorporated herein by reference. Council Member Lassen moved to approve of this policy change, which motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Police Chief Mayfield then addressed the City Council concerning difficulties he has had, and continues to have, with hiring replacement police officers for open positions. The police department has customarily preferred to hire officers who are already certified and already meet minimum state standards.

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Those applicants are no longer being attracted by what Gassville is offering. He intends to begin looking at uncertified applicants that would need to be sent then to the basic law enforcement academy training, which is currently 13 weeks in duration. During this period of time, the new employee would be on city payroll but would be away attending the training academy. Council Members did not have any objection to this if it is necessary to hire and fill open positions.

Continuing under new business, the City Council then approved several requests for additional appropriations to the 2024 operating budget. Mayor Braim informed them that the City of Gassville has been reimbursed in the amount of $39,200 from the Recreational Trails Grant program.

Fire Chief Glotzl had made a request to the Public Safety Committee to recommend that the City Council authorize additional stipends for fire department volunteers to attend additional quarterly training on a Saturday. This stipend would be $50 per volunteer. He requested an additional appropriation of $6,000 for volunteer stipends. He also requested an additional appropriation of $7,500 for operation and maintenance. Council Member Bird moved that the following additional appropriations be made from the General Fund into the fire department's operating budget:

$6,000 appropriation from General Fund to fire department expense
line item #1603 - fire department meeting stipend

$7,500 appropriation from General Fund to fire department expense
line item #1601 - fire maintenance/operation

This motion was seconded by Council Member Lassen. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

A request was then made for an additional appropriation from the General Fund for parking lot improvements at Lancaster Park for safety reasons. Council Member Lassen moved that the following additional appropriation be made from the General Fund into the operating budget:

$5,000 appropriation from General Fund to the operating budget expense
line item #1297 - Lancaster park

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This motion was seconded by Council Member Bird. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

A request was next made for an additional appropriation from the General Fund for community center repairs and renovations in the amount of $5,000. The flooring, trim, underlayment, doors, and toilets would be replaced at a cost of approximately $2,500, and 24 replacement tables would be bought for the community center at a cost of approximately $2,500. Council Member McFarland moved that the following additional appropriation be made from the General Fund into the operating budget:

$5,000 appropriation from General Fund to the operating budget expense
line item #1275 - community center expense

This motion was seconded by Council Member Seaman. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

The street paving project list for 2024 was then discussed. Mayor Braim informed the City Council that the State Aid Street Committee has indicated that no state funding for overlay projects would be available for Gassville until 2026 due to inflation. The City Council has only appropriated $20,000 into the street department budget this year for street paving. The streets under consideration for overlay work are still in decent condition. Council Member Seaman moved to table any consideration of street paving work this year, which motion was seconded by Council Member McFarland. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Superintendent Dewey requested that the City Council consider abandoning several plots in the Gassville Cemetery to allow for proper roadway width. These plots would be #51, #52, #153, #154, #255, and #256. None of these plots have been sold. They remain city property. Council Member Bird moved to abandon and remove those plots from consideration for sale and burial use. This motion was seconded by Council Member Lassen. Mayor Braim called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.

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Before adjournment, Mayor Braim gave the following information updates:

1. Well testing continues into its 9th week at the new city well site on Houser Ave.

2. The new CenterPoint accounting software is now in use.

3. Mayor Braim will serve on the Arkansas Municipal League's Executive Committee, with a meeting set for August 14-16 in Magnolia, Arkansas.

4. The election filing period for the Recorder-Treasurer position (4 year term) and for all six City Council positions (2 year terms) will open on July 31st and will run for 10 days. Petition paperwork for gathering signatures is available from the County Clerk's Office.

There being no further business to attend to, the City Council then adjourned at 8:45 PM upon motion of Council Member Bird, seconded by Council Member Lassen, with all members voting in favor.

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

Approved by: /s/ Jeff Braim,
Mayor

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