COUNCIL MINUTES OCTOBER, 2023
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OCTOBER 24, 2023
A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, October 24, 2023, at the Gassville Community Center. The meeting was conducted one week later than normal due to lack of a quorum on October 17th. 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 Water and Street Superintendent Michael Dewey, Police Chief Tim Mayfield, and Fire Chief Michael Glotzl.
The minutes from the last regular meeting held September 19, 2023 were then up for consideration. Council Member Adkins 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 September, 2023, was presented for approval. Council Member Bird moved to approve the September financial report as submitted, which motion was seconded by Council Member Adkins. The motion was then put to a 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 September, 2023. It was accepted into the record without objection.
Fire Chief Glotzl gave the fire department report for the month of September, 2023. It also was accepted into the record without objection. Council Member Adkins asked about the explosion that occurred at a residence on S. Johnson Street, specifically as to whether or not "One Call" had been contacted to mark utility lines before digging began. Chief Glotzl was unsure if One Call had been contacted, although Superintendent Dewey believed they had been contacted. Regardless, the gas line that was damaged that caused the explosion was said to be a private line that would not have been marked by the utility company anyway.
Chief Glotzl then asked the City Council for an additional appropriation into his budget, specifically to the expense line item #1601 operation and maintenance. $686.64 has been received in miscellaneous income, credited to line item #1254, which Chief Glotzl requested be added to his operation and maintenance budget. Council Member Lassen moved to appropriate $686.64 into fire department expense line item #1601 operation and maintenance. This 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.
Finally, Chief Glotzl informed the City Council that the KnoxBox equipment is on order and he is moving forward with training. The fire department now has 23 volunteers and is now able to respond to and has been responding to all calls received.
The Cotter-Gassville Joint Sewer Commission has not met, and therefore no report was available from that body.
The Gassville Planning and Zoning Commission had met on October 9th. Council Member Lassen gave a summary of the meeting, and a copy of the minutes from that meeting are attached hereto and incorporated herein by reference.
Mayor Braim advised that he has been in contact with City Attorney Ron Kincade with respect to the issue of the placement of shipping containers on private property in the city that had been brought up and discussed at the September meeting. The matter is being looked at.
The Mayor gave the building inspection report for the period of September 19th through October 13th. It was accepted into the record without objection.
It was announced that the street paving overlay work on Harrington St., Kelly Ln, Crownover St., Kirkland St. and Crest Way is nearing completion.
Superintendent Dewey announced that the new city water well has received final approval from the Arkansas Department of Health and is ready to be used when needed.
In unfinished business, Mr. Brian Haas was scheduled to address the City Council with respect to the 2022 water and wastewater audit, however he was not able to attend the meeting.
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The next item of unfinished business was consideration of Proposed Ordinance No. 2023-07 concerning off premise advertising billboards on its third reading. Council Member Seaman moved to suspend the rules and place the proposed ordinance on its third and final reading by title only. The 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. Thereupon, Recorder-Treasurer Lewis read aloud the title of the proposed ordinance, entitled:
"ORDINANCE NO. 2023-07. AN ORDINANCE AMENDING ORDINANCE 2004-10 TO LIMIT THE NUMBER OF OFF PREMISE ADVERTISING BILLBOARDS IN THE CITY OF GASSVILLE, ARKANSAS AND FOR OTHER PURPOSES."
Council Member Bird then moved to adopt and pass the proposed ordinance as read, which motion was seconded by Council Member Lassen. Mayor Braim called for discussion, then for the vote. Council Member Smith, McFarland, Seaman, Lassen, and Bird voted for the motion to adopt. Council Member Adkins voted against the motion. The Mayor declared the motion carried on a five to one vote and the ordinance to be adopted.
Moving on to new business, the City Council took up consideration of Proposed Ordinance No. 2023-08 regarding commercial zoning procedures on its first reading. Council Member McFarland 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. 2023-08. AN ORDINANCE AMENDING ORDINANCE 98-08 SPECIFICALLY ADDRESSING PROPERTIES WITH HIGHWAY FRONTAGE WITHIN THE CITY OF GASSVILLE, ARKANSAS FOR COMMERCIAL ZONING AND FOR OTHER PURPOSES."
The issue of the purchase of a generator for the new water well pump house was next discussed. Superintendent Dewey advised there would be a 34 week waiting period to obtain a generator after it is ordered. The vendor requires payment up front before an order is placed.
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This prompted discussion as to whether to try to appropriate funds and order the generator now or wait until money can be earmarked for this in the 2024 budget. After reviewing options, Council Member Adkins moved to appropriate $27,000.00 from the Water Capital Improvement Fund #03301 and $13,000.00 from the General Fund to be used to order and purchase the generator now. This motion was seconded by Council Member Lassen. After further discussion, 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.
The next item of business was consideration of how to proceed with condemnation proceedings of dilapidated properties that have been identified in the city. The Mayor and Deputy Prosecuting Attorney have been working together on the paperwork needed and how procedures for this are to be initiated under the provisions of the applicable city ordinance that is in place. First, a certified letter must be mailed to the owner or custodian of the property giving notice of the ordinance violation and giving notice that the City Council will hold a hearing on whether to proceed with condemnation on the property. Once a hearing is held, then the City Council would consider passage of a formal resolution to declared the property a public nuisance and initiate further condemnation proceedings to abate the nuisance. Four properties have been discussed so far. The sample letter had been prepared for the property located at 237 E. Factory Place. Council Member Adkins moved to proceed with initiating condemnation proceedings at 237 E. Factor Place by sending the certified letter and setting a hearing date. This motion was seconded by Council Member Seaman. This prompted a great deal of discussion on the issue. Council Member Adkins later withdrew his motion and Council Member Seaman withdrew her second.
Council Member Adkins then made a new motion to table the matter until the fire chief and city inspector can conducted a thorough inspection of the four properties being considered and report back to the City Council with their findings. This motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Lassen, Adkins, and Bird voted for the motion. Council Member Seaman voted against the motion. The Mayor declared the motion carried with five votes in favor and one opposed.
Discussion then turned to proposals on how to fund repairs and renovations to the wastewater collection system. The first, initial loan that Gassville and Cotter obtained from the USDA will have to be start being repaid soon. The loan and reserve payment will be $44,535.00 per year for Gassville's portion.
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An additional loan from USDA is needed to complete the renovation project, which exceeds three million dollars in cost, and interest rates are expected to increase. Gassville's portion of a new loan is expected to cost approximately $143,000.00 per year. Options included placing a new sales tax proposal before the voters at the next election in March, 2024 or enact substantial rate increases on system users to pay for the renovations. If the sales tax route is chosen, the respective ordinance will have to be passed no later than 70 days prior to the election date.
A new permanent sales tax would be expected to provide the following revenue for the water and sewer department:
1/4 cent sales tax: $83,978.00 per year
3/8 cent sales tax: $125,967.00 per year
1/2 cent sales tax: $167,956.00 per year
Any excess revenues would go into reserve funds to be used for future system maintenance and upgrades.
Council Member Lassen moved to proceed with preparing an ordinance to levy a permanent 1/2 cent sales tax for the water and sewer department and to place the proposal before the voters at the election in March, 2024. This motion was seconded by Council Member Seaman.
The Mayor called for additional discussion. There was a great deal of discussion as to whether or not voters would agree to an additional sales tax and as to how much of a sales tax should be sought. It was also asked whether or not a public hearing is required on a new sales tax proposal or whether one would be appropriate even if not required. The Mayor stated that a public hearing would not be required by law. After discussion, the Mayor called for the vote on Council Member Lassen's motion. Council Members Smith, McFarland, Seaman, Lassen, and Bird voted for the motion. Council Member Adkins voted against the motion. The Mayor declared the motion carried with five votes in favor and one vote against.
Mayor Braim stated that beginning December 7th a payment of $3,711.18 on the original loan is due, and he asked for authorization to use funds in the Sewer Improvement Account #03352, which has a balance of $17,528.58, to make this payment.
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Council Member Seaman moved to allow to Mayor to use those funds for the stated purpose, which motion was seconded by Council Member Smith. 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.
The Mayor announced that the bid opening on the walking trail at Lancaster Park will be this Friday at 2:00 PM.
A meeting of the Water and Sewer Committee will be held on this Thursday at 3:30 PM.
A new rate sheet for employee health insurance from the Arkansas Municipal Health Benefit Fund was distributed. If the city stays with the current plan, the rate will be increasing from $576.08 to $635.83 per employee per month. The city current utilizes the "traditional" benefit plan, however an "enhanced" benefit plan is offered for an additional charge. The Mayor is still waiting to receive information on how costs would vary with different deductible amounts. Council Member Smith moved to increase insurance benefits by moving employees from the traditional coverage to the enhanced coverage that is being offered. There was no second forthcoming to the motion. The matter will be discussed further once information on the other deductible options is made available. Fire Chief Glotzl suggested that the city look at offering health savings accounts as an option to city employees rather than the traditional insurance.
Due to the Thanksgiving Day holiday in November, the Mayor asked that the November City Council meeting be moved ahead to Tuesday, November 14th. Council Members expressed no objection to this change.
There being no further business to come before the City Council, the meeting then adjourned at 7:26 PM upon motion of Council Member Bird, seconded by Council Member Seaman, with all members voting in favor.
Submitted by: /s/ Jeffrey Lewis,
Recorder-Treasurer
Approved by: /s/ Jeff Braim,
Mayor
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