COUNCIL MINUTES MAY, 2023

Date Posted: 06/30/2023

CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
MAY 16, 2023

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, May 16, 2023 at the Gassville Community Center. Mayor Braim led those in attendance in saying the Pledge of Allegiance to the flag and in 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 May 4, 2023 special called meeting had been presented to the City Council for approval. During this meeting, the City Council passed Resolution No. 2023-05 authorizing the transfer of all city accounts from Farmers and Merchants Bank over to First Security Bank, as well as designating authorized signers on city accounts and designating persons authorized to have access to online banking. Council Member Seaman moved to approve the minutes as presented, which motion was seconded by Council Member Bird. Mayor Braim asked that the City Council approve one amendment to Resolution No. 2023-05 to add Water Clerk Jamie Peeples to the list of persons authorized for online baking at First Security Bank, indicating she needed access to process and monitor Automatic Clearinghouse "ACH" transactions on the Water and Sewer Department Accounts. Therefore, Council Member Bird moved to amend the original motion to pass as follows, seconded by Council Member Lassen:

RESOLVED that the minutes from the May 4, 2023 special meeting be approved as presented, and that Resolution No. 2023-05, Section 3, be amended to add Water Clerk Jamie Peeples as being a city employee who is authorized to have access to online banking at First Security Bank.

Mayor Braim called for discussion, then for the vote. Council Members Seaman, Lassen, Adkins, and Bird voted for the motion. Council Members Smith and McFarland voted against the motion. Mayor Braim declared the motion carried, there being four votes needed for passage.

The minutes from the last regular meeting held April 18, 2023 were then up for consideration. Council Member McFarland moved to approve those minutes as presented, which motion was seconded by Council Member Seaman. 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 April, 2023 was presented to the City Council for approval. Mayor Braim stated that some of the dates on the report were not correct, and he asked that the City Council defer consideration of approval on the report until the June meeting, after the dates have been corrected. Council Member Seaman moved to defer consideration of the April financial report to the next meeting in June, which motion was seconded by Council Member Bird. 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.

Police Chief Mayfield gave the police department report for the month of April, 2023. It was accepted into the record without objection. Council Members asked questions about the new 45 mph speed limit on U. S. Hwy 62/412 and about incidents of passing stopped school buses.

Fire Chief Glotzl gave the fire department report for the month of April, 2023. It was accepted into the record without objection. Fire Chief Glotzl also reported that integrated special response teams are being organized by the various fire departments in the county to respond to special needs. He asked that the City Council authorized expenditures for a member of the Gassville Volunteer Fire Department, Mr. John Cobb, to allow him to attend a three day specialized training course at Lake DeGray. Chief Glotzl stated the training itself is free of charge, however associated travel and dining expenses would be incurred. These would come from the fire department expense budget line items 1605 travel and 1571 education. Council Member Lassen moved to authorize expenditures for this training for the volunteer in question, which motion was seconded by Council Member Bird. After a period of questions involving memorandum of understandings between the various departments and other matters, the vote was called for. Council Members Smith, McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion to be carried.

Mayor Braim gave the building inspection report for the period of April 19th through May 16th. It was accepted into the record without objection.

Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission, which met last Thursday May 11th, to-wit:

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1. Arkansas Rural Water prepared a risk assessment to help with a response plan being provided to USDA.

2. A back flow regulator, installed in 1977, passed another inspection, however because of its age the cost of a new replacement one is being looked into.

3. A water leak at the Wastewater Treatment Facility (WWTF) has been located and repaired.

4. The new gear box purchase, previously mentioned, is costing $7,945.00 plus freight, which is being paid for out of capital reserve funds.

5. A new Hustler lawn mower has been bought for the WWTF.

6. There was a problem with screw pump #2. It kept shutting down. Crawford Electric Co. has made the necessary repairs to it.

7. An invoice for generator maintenance has been received.

8. A line on Ryan Rd. in Cotter has been flushed out.

9. A small mud slide has been cleaned up.

10. A new computer was obtained to be used for mapping sewer lines.

11. Brush hogging work is underway.

12. Grease trap inspections are underway.

13. The new truck for the line crew is expected to be delivered in June.

14. The balance in the reserve depreciation account is $47,732.82.

15. The "phase II" renovation project with the collection system is estimated to have a cost now of between $3.2 and $3.3 million dollars. All legal documents have been signed and submitted. Bids should be let soon.

Council Member Lassen presented minutes from the last meeting of the Gassville Planning and Zoning Commission, outlining the content of that meeting. Some set back variances were approved for lots in Wyndham Estates. Construction on projects on Factory St. and in Melanie Heights has stopped. Due to the amount of elapsed time, the contractors/builders may be required to obtain new permits before additional work can be performed at those sites. In response to a question from Council Member Adkins, it was noted that the new "Tree City USA" signs had to be removed from the city limit signs due to "line of sight" issues and reinstalled near the "Welcome to Gassville" signs.

The City Council then moved on to unfinished business items on the agenda. Several proposed ordinances were up for consideration on their third reading. The first item for consideration was Proposed Ordinance No. 2023-01. Council Member Lassen moved to suspend the rules and place the proposed ordinance on its third and final reading by title only.

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This motion was seconded by Council Member Seaman. 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. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2023-01. AN ORDINANCE AMENDING ORDINANCE 2017-02 ESTABLISHING WATER RATES FOR THE WATER SYSTEM OF THE CITY OF GASSVILLE, ARKANSAS IN ACCORDANCE WITH COMPLIANCE OF ACT 605 OF 2021 AND FOR OTHER PURPOSES."

Council Member McFarland then moved to adopt the ordinance as read. This 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 and Ordinance No. 2023-01 to be adopted.

Proposed Ordinance No. 2023-02 was next for consideration. Council Member Bird moved to suspend the rules and place the proposed ordinance on its third and final reading by title only. 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. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2023-02. AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE 2019-03 ESTABLISHING A NEW USER CHARGE FEE PER 1,000 GALLONS OF SEWER USAGE IN ACCORDANCE WITH A RATE STUDY COMPLETED FOR COMPLIANCE WITH ACT 605 OF 2021 AND FOR OTHER PURPOSES."

Council Member Bird then moved to adopt the proposed ordinance as read. 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 and Ordinance No. 2023-02 to be adopted.

The City Council next took up Proposed Ordinance No. 2023-03. Council Member McFarland moved to suspend the rules and place the proposed ordinance on its third and final reading by title only.

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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. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2023-03. AN ORDINANCE AMENDING ORDINANCE 2017-04 ESTABLISHING WATER AND SEWER CONNECTING FEES IN THE CITY OF GASSVILLE, ARKANSAS AND FOR OTHER PURPOSES."

Lastly under unfinished business the City Council took up consideration of Proposed Ordinance No. 2023-05. Council Member McFarland moved to suspend the rules and place the proposed ordinance on its third and final reading by title only. This motion was seconded by Council Member Seaman. 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. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:

"ORDINANCE NO. 2023-05. AN ORDINANCE DESIGNATING THE PERSON(S) RESPONSIBLE FOR THE RECONCILIATION OF CITATIONS ISSUED BY THE CITY OF GASSVILLE POLICE DEPARTMENT IN THE GASSVILLE DIVISION OF BAXTER COUNTY DISTRICT COURT."

Council Member Seaman then moved to adopt the proposed ordinance as read, which motion was seconded by Council Member Lassen. 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 to be carried and Ordinance No. 2023-05 to be adopted.

Moving on to new business, Karen Roberson and Sharon Walker of Twins Bookkeeping Service, Inc. appeared before the City Council to refute statements made by city bookkeeper Teresa Cooke at the last meeting in April pertaining to accounting and bookkeeping matters within the Water and Sewer Department.

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They told the City Council that they believed words were spoken at the April meeting that were slanderous and damaged the reputation of themselves and their business. They asked the City Council, including specifically Council Member McFarland, for an apology, which was declined. Mrs. Roberson and Mrs. Walker said they were hired to "fix" bookkeeping problems in the Water and Sewer Department, claiming that the bookkeeping is not up to the standards of accounting principles. They went on to say that the bookkeeper, Teresa Cooke, is not qualified to do the job in their opinions, had made errors in payments to the Arkansas Public Employees Retirement System (APERS), and had made a number of other errors as well. They stated they had resigned from the job because of issues with Teresa Cooke.

Despite inferring that the bookkeeping in the Water and Sewer System is inadequate and has been inadequate for a long time, there are no records of any such concerns having ever been brought before the City Council in the past years by either the Auditor of the Water and Sewer System, Mr. Brian Haas, or by the Arkansas Division of Legislative Audit, which audits the remainder of city accounting records. Those yearly audit reports have all been presented to the City Council for approval and have all been satisfactory.

These comments elicited a great deal of discussion among the City Council, led by Council Member Bird, and others present. Water Clerk Jamie Peeples and Court Clerk Jessica Hall both spoke up as well and made negative comments regarding working conditions in the office between themselves and Teresa Cooke, which they believed to be unacceptable. Despite all of the statements made and the discussion that followed, the City Council did not move to undertake any official action of any kind in regards to the situation. Mayor Braim and some Council Members indicated that the city could provide additional training, if necessary, for the City Hall office personnel who handle bookkeeping responsibilities.

Continuing under new business, the Mayor brought up the possibility of combining old depreciation accounts on the sewer system from the 1970s with new depreciation accounts recently opened under requirement of Act 605 of 2021. Debt Depreciation Fund #405538 (savings) currently has a balance of $8,156.11, while Debt Reserve Fund #405511 (savings) currently has a balance of $40,819.39. Mayor Braim suggested closing both of those old accounts and dividing the sum equally between the newly created depreciation accounts, being Sewer Depreciation Fund #984992 and Water Depreciation Fund #9849914. Mayor Braim had already consulted with representatives from ANRC, who agreed this would be acceptable.

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Council Members asked the Mayor to first check with the bond attorney, Ryan Bowman with the Friday Law Firm, to get his opinion on the matter before moving forward with the consolidation.

Mayor Braim announced that the transfer of city accounts from Farmers and Merchants Bank over to First Security Bank is proceeding as directed. He read a letter from First Security President Tim Coleman. The Mayor also noted that the safety deposit box at Farmers and Merchants must be closed by May 21st. The documents will be moved to a new safety deposit box at First Security Bank.

There was a request to remove the old law mower used at the Wastewater Treatment Facility from city inventory, being as a new mower has been purchased. This would be a 2010 Hustler, Serial Number 911009. This old mower will still remain at the facility and be used for subsidiary tasks. Council Member Bird moved to remove the item from inventory as requested, which motion was seconded by Council Member McFarland. 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.

The Mayor then updated the City Council on various issues, to-wit:

1. An inter-local governmental meeting will be held on Thursday, May 18th at 10:00 AM at Gassville.

2. Superintendent Dewey stated that the new city well has been cleared by the Arkansas Department of Health, and construction of the well pump building is proceeding.

3. Gassville in the Park will be Saturday, June 3rd from 11AM to 4PM.

4. A request was made by the United Methodist Church at Cotter for the City Council to authorize the installation of a "Blessing Box" food pantry in Gassville. It was suggested that the box could be installed between the city hall and the fire department building. The church supplies the box and materials. Council Member Lassen moved to allow the installation of the Blessing Box as per request, which motion was seconded by Council Member Adkins. 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.

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Council Member McFarland then moved that the City Council retire into Executive Session to discuss a personnel matter. The motion was seconded by Council Member Smith. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, and Bird voted for the motion. Council Members Lassen and Adkins voted against the motion. The Mayor declared the motion carried, four votes being needed for passage. The City Council then retired from the Council Chambers behind closed doors for an Executive Session at 7:33 PM.

The City Council returned from Executive Session at 8:08 PM and took no action.

Prior to adjournment, Council Member Adkins asked about a ribbon cutting ceremony for the new pavilion at the city park, and he also asked if any awards would be presented at Gassville in the Park. Mayor Braim stated that the usual presentation will be made to the Grand Marshal of the parade. He also indicated that Mark Kapshandy will serve as Master of Ceremonies.

Council Member Bird asked about the status of the dog bag dispensers for the city parks.

There being no further business to come before the City Council, the meeting then adjourned at 8:15 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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