COUNCIL MINUTES SEPTEMBER, 2022
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 26, 2022
A regular meeting of the City Council of the City of Gassville, Arkansas was held on Monday, September 27, 2022 at the Gassville Community Center. The regular meeting had been postponed from September 20th due to lack of a quorum. In the absence of Mayor Jeff Braim, Recorder-Treasurer Jeff Lewis served as presiding officer. He 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 Recorder-Treasurer Lewis.
Upon the calling of the roll, those in attendance were Council Member Ernest Adkins, Council Member Tim McFarland, Council Member Anita Seaman, Council Member Naomi Lassen, Council Member Ralph Bird, and Recorder-Treasurer Jeff Lewis. In addition to Mayor Braim, Council Member Kenneth Smith was also absent. Water and Street Superintendent Michael Dewey was also in attendance.
The minutes from the August 16, 2022 regular meeting had been provided to each Council Member. Council Member Lassen moved to approve the minutes as presented. This motion was seconded by Council Member Bird. There were no additions or corrections asked for, whereupon the vote was called for. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.
The financial report for the month of August, 2022 was presented to the City Council. Council Member McFarland moved to approve the financial report as presented. This motion was seconded by Council Member Seaman. There were no questions or comments, whereupon the vote was called for. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be passed.
The police department report for the month of August, 2022 had been presented to each Council Member. It was accepted into the record without objection.
The fire department report for the month of August, 2022 had also been presented to each Council Member. It was accepted into the record without objection as well.
Fire Chief Glotzl had also written a letter to the City Council asking it to consider moving forward with contracting with E. F. Recovery for revenue recovery when fire department assets, equipment, and/or supplies were utilized involving incidents outside the city limits or persons not residing in Gassville. He had contacted three other fire departments that currently use E. F. Recovery and are satisfied with their services. Council Member Lassen moved to proceed with drafting an ordinance to contract with E. F. Recovery for the services mentioned. This motion was seconded by Council Member Bird. After discussion, the vote was called for. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
Fire Chief Glotzl also reported that a representative from the KNOX Company is scheduled to come educate and demonstrate their KnoxBox products at the Cotter-Gassville Chamber of Commerce meeting on November 9th at 8:00 AM, and again later in the evening. Residents, business owners, and other interested parties are invited to attend. The respective City Councils can then decide whether or not to begin utilizing the system.
Council Member Lassen then gave a report from the Gassville Planning and Zoning Commission. She indicated that there were some details missing from the new city map, which have now been corrected. She also reported that the commission is looking at coming up with an ordinance to regulate air bed and breakfast facilities. It was also noted that there will be an upcoming public hearing on a rezoning request.
Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission. A new employee, Robert Kemp, is preparing to take his Class I operator license. The WWTF and CSLC managers are attending required training. The line crew employees have been doing brush hogging and spraying. With respect to sewer issues at the Gassville Nursing and Rehab Center, it was stated that the plumber has still not started work to correct the issues there. She also reported that all new sewer system connections from Red Apple Acres have been completed. The wastewater treatment plant is operating normally. A long-ago ordered part that comes from Italy has now made it in transit to Atlanta. Council Member Seaman also stated that the emergency response plan is being reviewed and is ready for renewal. The new truck for the line crew has still not been delivered or is even available yet.
With respect to the Phase II renovation project for the collection system, it was reported that the cities will be asking for $1.5 million from the state's ARPA funds for this project. The Cotter City Attorney is still in the process of obtaining utility easements for the project. The bidding process is expected to take place in late winter.
The building inspection report for the period of August 10th through September 16th was presented and accepted into the record without objection.
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Under unfinished business, the City Council took up consideration of Proposed Ordinance 2022-04, amending the city's fireworks regulations, on its second reading. Council Member McFarland moved to place the proposed ordinance on its second reading by title only. This motion was seconded by Council Member Bird. Discussion was called for, then the vote. Council Members Adkins, 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. 2022-04. AN ORDINANCE AMENDING ORDINANCE NO. 98-04 PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY OF GASSVILLE, ARKANSAS, EXCEPT DURING A DESIGNATED PERIOD OF TIME EACH YEAR, DEFINING DISPLAYS REQUIRING A PERMIT, PROVIDING A PENALTY FOR VIOLATIONS AND OTHER PURPOSES."
The proposed ordinance will be considered for a third and final reading at the October City Council meeting.
Under new business, Mr. Brian Haas, CPA, addressed the City Council and presented the finished 2021 Water and Wastewater Audit for approval. After hearing the presentation, Council Member Lassen moved to approve the audit report as submitted by Mr. Haas. This motion was seconded by Council Member Seaman. Upon calling for the vote, Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The next order of business was a request to the Baxter County Quorum Court to levy property tax millage for 2022, which would be collected in 2023. A draft letter had been prepared, addressed to County Judge Pendergrass, asking the Quorum Court to leave a 5 mill tax on property in Gassville, which is the current established rate of taxation. Council Member Bird moved to approve the letter and to ask the Quorum Court to levy a 5 mill tax on property in Gassville. This motion was seconded by Council Member Adkins. After discussion, the vote was called for. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.
Continuing under new business, the City Council took up consideration of Proposed Ordinance 2022-05 concerning compensation for the building inspector. Council Member McFarland moved to place the ordinance on its first reading. The motion was seconded by Council Member Lassen.
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Upon calling for the vote, Council Members Adkins, 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 proposed ordinance in its entirety, entitled:
"ORDINANCE 2022-05. AN ORDINANCE AMENDING ORDINANCE 2019-13 REGARDING THE COMPESNATION TO BE PAID TO THE CITY OF GASSVILLE BUILDING INSPECTOR AND FOR OTHER PURPOSES."
Council Member Bird then moved to suspend the rules and place the proposed ordinance on its second reading by title only. This motion was seconded by Council Member McFarland. Upon calling for the vote, Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. Recorder-Treasurer Lewis thereupon read aloud the title of the proposed ordinance.
Council Member Adkins then moved to further 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. Upon calling for the vote, Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be carried. Recorder-Treasurer Lewis thereupon read aloud the title of the proposed ordinance.
Council Member Adkins then moved to adopt the proposed ordinance as read. This motion was seconded by Council Member Bird. After discussion, the vote was called for. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and Recorder-Treasurer Lewis declared the motion to be passed and Ordinance 2022-05 to be adopted.
The ordinance contained an emergency clause therein, which was read aloud during the first reading. Council Member McFarland then moved to adopt the emergency clause contained in Ordinance 2022-05. This motion was seconded by Council Member Lassen. Upon calling for the vote, Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the motion was declared to be passed and the emergency clause adopted.
Mayor Braim had written a memorandum to Council Members regarding two topics concerning the city parks. He reported that a request had been received from Ms. Mary Ketchum to place a plaque for a bench in the city park to honor her deceased husband, J. R. Ketchum.
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Currently, there are already three memorial benches in the park in addition to the memorial for fallen Officer Jim Sell. During discussion, Council Members felt there should be some basic guidelines and criteria established and put in place governing these kinds of memorials within the two city parks. Council Member McFarland moved to refer the request to the Gassville Parks Committee for additional deliberations and guidance. The motion was seconded by Council Member Bird, with all Council Members voting in favor.
The second parks-related issue was an offer from the Cotter-Gassville Chamber of Commerce to purchase some dog waste stations for placement in the Gassville City Park(s). Council Members decided ask the chamber for three waste stations, two of which would be placed at the primary Gassville City Park and one at the Lancaster Park. Council Member Adkins moved to accept the offer of dog waste stations, preferably three of them, from the Cotter-Gassville Chamber of Commerce. This motion was seconded by Council Member Bird, with all Council Members voting in favor.
The City Council was then provided with updates on several issues, to-wit:
1. The cost for the federal single compliance audit was $12,500, as evidence by the invoice provided from the auditing firm.
2. The legislative audit of other city funds for 2021 has been completed and is being reviewed by the Joint Legislative Audit Committee in Little Rock. No exit conference with city officials has yet been held.
3. A pre-construction meeting for the second city well project will be held next week.
4. The Arkansas Rural Water Association is continuing its water and sewer rate study for Gassville.
5. The ESI Engineering firm is making application to ANRD for assistance on the Phase II sewer collection system project.
6. Mayor Braim will be out of the office on vacation from September 20th through October 7th.
7. Due to consolidation of the local firemen's pension and relief plan with the state LOPFI system, the local plan's investment portfolio has been liquidated and wired to LOPFI. The value was $162,199.80.
8. The first loan payment to USDA on the sewer system expansion project is due on October 21, 2022.
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Council Member McFarland broached the topic of a city-wide bow hunting period for deer in the city limits. It was suggested that there may already be an ordinance on the books governing this topic, since a bow-hunt was once before held many years ago. Additional research will be conducted as to how the previous bow hunt was arranged.
Council Member Seaman asked if anyone knew what was going to be done with the land that was being cleared behind Sonic. Some had heard that a Taco Bell was going to be built there, but this is not confirmed.
Council Member Adkins requested that the Mayor be asked to give a report on the status of amending the ordinance concerning condemnation proceedings. Deputy Prosecuting Attorney Kerry Chism had addressed the City Council several months back on recommendations for amending the current ordinance to bring it into compliance with the Arkansas Code.
Council Member Bird noted that a portion of the newly poured concrete slab at the city park has been damaged and could constitute a hazard. Superintendent Dewey stated he is aware of the damage. He does not want to try and repair it until the new pavilion is erected because further damage may occur during that process. It will be repaired afterwards.
Three members of the public were in attendance and spoke in regards to their displeasure with the condition in which their properties had been left during the sewer system expansion project. These included residences on Crest Loop and on Cedar Ln. Council Members assured these residents that it has always been the intent and expectation of the City that all disturbed property would be returned and restored to its original condition by the contractor by the completion of the project, which is slated for the end of October. Superintendent Dewey plans to make an inspection of the properties involved and report findings to the Mayor and contractor.
There being no further business to come to come before the City Council at this time, the meeting then adjourned at 6:58 PM upon motion of Council Member Bird, seconded by Council Member Adkins, with all members voting in favor.
Submitted by: /s/ Jeffrey Lewis,
Recorder-Treasurer
Approved by: /s/ Jeff Braim,
Mayor
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