COUNCIL MINUTES NOVEMBER, 2022

Date Posted: 01/03/2023

CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
NOVEMBER 15, 2022

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, November 15, 2022 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 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. Council Member Ernest Adkins was absent. Department Heads in attendance were Police Chief Tim Mayfield, Water and Street Superintendent Michael Dewey, and Fire Chief Michael Glotzl.

The minutes from the October 24, 2022 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 McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

The financial report for the month of October, 2022 was presented to the City Council. Council Member Seaman moved to approve the financial report as presented. This motion was seconded by Council Member McFarland There were no questions or corrections, whereupon the Mayor called for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Police Chief Mayfield gave the police department activity report for the month of October, 2022. It was accepted into the record without objection.

Fire Chief Glotzl gave the fire department activity report for the month of October, 2022. It was also accepted into the record without objection. Mayor Braim stated that City Attorney Kincade had reviewed the proposed new Standard Operating Guidelines (SOGs) for the fire department that had been presented to the City Council at the last meeting and had expressed his approval of them. A letter from Mr. Kincade was read aloud that stated such. Council Member Bird moved to approve the new SOGs for the fire department, which motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.

Fire Chief Glotzl reported that representatives from the KnoxBox company had met with area business owners at a Cotter-Gassville Chamber of Commerce meeting as scheduled. The response from the crowd was favorable. Chief Glotzl suggested that if the city moves forward with this matter then the City Council might want to consider making the KnoxBox equipment mandatory, via ordinance, for new commercial construction in Gassville.

No report was available from the building inspector for this period.

Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission, which had met at the Cotter City Hall on November 10th. Various issues were discussed or reported, to-wit:

1. Crawford Electric had repaired some LED lights at the treatment plant.

2. An elevator on the grinder gear box is out of commission and has bad bearings.

3. Employee Robert Kemp passed his Level 1 Operator test.

4. There are grease trap issues persisting at the McDonald's in Gassville that have been brought to the attention of several managers at that facility.

5. The new truck for the line crew is scheduled to be built in December. A new VIN has already been assigned for the vehicle. $10,000.00 toward the purchase will come from the capital improvement fund while the remainder will be financed through a bank loan. The Mayor is shopping for the best rate and terms for the loan.

6. An issue with a manhole in the Red Apple Acres area has been fixed.

7. A new and updated map for the sewer system is needed.

8. There's now $34,127.82 in the joint depreciation account, which needs to reach $50,000.00 to satisfy requirements of the funding source.

9. Under new water and sewer regulations, 5% of water revenues and 5% of sewer revenues have to be set aside in depreciation accounts.

10. The calculations for operation of the joint sewer system were refigured in October. For 2023, the City of Gassville will be responsible for 66% of the costs while the City of Cotter will be responsible for 34% of the costs.

11. The sewer system expansion project on the East side of Gassville is now complete except for some minor clean-up issues.

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12. With respect to the Phase II renovation project of the sewer collection system lines along the White River in Cotter, the City of Cotter has submitted application to the State of Arkansas for state ARPA funds to pay for the project. One utility easement from a landowner is still pending.

The Parks Committee met on November 8th. A copy of the minutes from that committee meeting are attached hereto. Council Member Bird asked what recommendations had been made concerning the placement of memorial benches in the parks. As noted in the committee meeting minutes, that matter was recorded as follows:

"3. Memorial Bench Criteria. If a memorial is wanted for the park, a donator will provide the funding for a bench, the memorial plaque and concrete pad stating which park it will be placed at and giving the wording for the plaque which the mayor must approve. The City will purchase the bench, plaque and install the concrete pad, bench and plaque. The memorial must be to a Gassville resident."

Council Member Lassen moved to approve the decision and recommendation of the Parks Committee for the placement of memorial benches as indicated above. This motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.

In other parks-related business, Mayor Braim stated that the grant funded project at Lancaster Park is almost ready to go to bidding.

The Planning and Zoning Commission did not meet this month.

Under unfinished business, the City Council took up Proposed Ordinance No. 2022-06 dealing with condemnation proceedings on its second reading. Council Member Lassen moved to suspend the rules and place the proposed ordinance on its second reading by title only. This motion was seconded by Council Member Bird. The Mayor called for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. Thereupon, Recorder-Treasurer read aloud the title of the proposed ordinance, entitled:

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"ORDINANCE NO. 2022-06. AN ORDINANCE PROVIDING FOR THE CONDEMNATION AND REMOVAL OF HOUSES, BUILDINGS AND/OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS; PROVIDING FOR A LIEN ON THE PROPERTY; PROVIDING A PENALTY THEREFOR, AND FOR OTHER PURPOSES."

Proposed Ordinance 2022-08 concerning a contract with EF Recovery Billing Services was then brought up for its second reading. Council Member McFarland moved to suspend the rules and place the proposed ordinance on its second reading by title only. The motion was seconded by Council Member Seaman. The Mayor called for the vote. Council Members McFarland, Seaman, Lassen, Smith, 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. 2022-08. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF GASSVILLE, ARKANSAS TO ENTER INTO A CONTRACT WITH EF RECOVERY BILLING SERVICES FOR THE CITY OF GASSVILLE VOLUNTEER FIRE DEPARTMENT TO SEEK REIMBURSEMENT IN ACCORDANCE WITH ACT 1345 OF 2013 AND FOR OTHER PURPOSES."

The City Council then took up consideration of Proposed Ordinance No. 2022-09 concerning a new wellhead protection area on Houser Avenue on its second reading. Council Member Smith moved to suspend the rules place the proposed ordinance on its second reading by title only. This motion was seconded by Council Member Bird. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Smith, 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. 2022-09. AN ORDINANCE DESIGNATING A WELLHEAD PROTECTION AREA ON HOUSER AVENUE IN THE CITY OF GASSVILLE, ARKANSAS, PROHIBITING THE CONVEYANCE OF HAZARDOUS OR NON-SANITARY MATERIALS AS DESCRIBED AND FOR OTHER PURPOSES."

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Moving on the new business, the City Council took up consideration of Proposed Ordinance 2022-10 regarding District Court on its first reading. Council Member Bird moved to place the proposed ordinance on its first reading. The motion was seconded by Council Member Seaman. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion to be carried. Thereupon, Recorder-Treasurer Lewis read aloud the proposed ordinance in its entirety, entitled:

"ORDINANCE NO. 2022-10. AN ORDINANCE ESTABLISHING A CIVIL AND SMALL CLAIMS COURT SESSIONS VENUE FOR THE GASSVILLE DEPARTMENT OF THE BAXTER COUNTY DISTRICT COURT AND FOR OTHER PURPOSES."

Continuing under new business, Mayor Braim informed the City Council that drilling for the new city well was now at 600 feet. A piece of drilling equipment broke, and work stopped temporarily. Mayor Braim requested an additional appropriation from the General Fund in the amount of $10,375.00 to pay for the remaining contract amount due Northwest Arkansas Economic Development District (NWAEDD) for $7,500.00 and to pay for Ellington Engineering in the amount of $2,875.00. Council Member Bird moved to appropriate from the General Fund an additional $10,375.00 into General Fund budget expense line item #1278 - Dues and Fees, for the purposes mentioned herein. This motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Mayor Braim then asked the City Council for an additional appropriation of $1,767.00 in the Water Department Budget for the purpose of extending the city water line in the area of CC Drive. Council Member Bird moved to appropriate from the Water Operation and Maintenance Fund an additional $1,767.00 into Water Department budget expense line item entitled "Operation and Maintenance". This motion was seconded by Council Member Lassen. Mayor Braim called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Smith, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

Mayor Braim then presented each Council Member with his proposed city budget for calendar year 2023 and set a budget workshop meeting for Tuesday, November 29th at 5:30 PM.

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

1. The Arkansas Municipal League Winter Conference will be January 11 to 13th in Little Rock.

2. On December 19th from 4PM to 8PM at the Cotter Fire Department, Wingard Photography will be taking new photos and making ID badges for city officials.

3. The final audit report from the Arkansas Division of Legislative Audit has been provided to each city official. The auditing officials stated in part that: "During our evaluation, nothing came to our attention that would warrant disclosure in this report."

4. With respect to the federal single compliance audit that had been submitted to the State of Arkansas, a letter was received from Dori Polk, Compliance Officer, Grants Division of the Arkansas Economic Development Commission. This letter states in the first paragraph that: "The audit has been approved as meeting these requirements.", referencing the Single Audit Act of 1997. However, despite the approval of the audit, Ms. Polk went on the state that there were two findings considered to be "significant deficiencies" in the financial statements. These concerned inadequate segregation of duties and insufficient financial statements being prepared.

Prior to adjournment, Council Member Smith expressed his heartfelt thanks and appreciation to city officials and employees for the concern they expressed in various ways during his recent illness.

The meeting was then adjourned at 6:58 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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