COUNCIL MINUTES SEPTEMBER, 2024
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 17, 2024
A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, September 17, 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 Ernest Adkins, Mayor Jeff Braim, and Recorder-Treasurer Jeff Lewis. Council Member Ralph Bird was absent. Department Heads in attendance were Police Chief Tim Mayfield, Fire Chief Michael Glotzl, and Water and Street Superintendent Michael Dewey.
The minutes from the August 20, 2024 meeting were presented to the City Council for consideration and approval. Council Member Lassen moved to approve the minutes as submitted. This motion was seconded by Council Member McFarland. With respect to information contained in those minutes, Mayor Braim commented that the new police vehicle that was purchased has been received at a cost of $56,722.22. This was paid for by using $21,000.00 from the Police Vehicle Savings Fund #02593 and $35,722.22 from General Fund. Also, the portable pitching mound that was approved for the city park was purchased and has been received at a cost of $1,944.00, which included shipping. There were no corrections or additions called for regarding the minutes, whereupon Mayor Braim called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Adkins voted for the motion. There were no nays, and the motion was declared to be carried.
The financial report for the month of August, 2024 was presented to the City Council. Council Member Seaman moved to approve the report as submitted. The motion was seconded by Council Member Lassen. There were no corrections called for, whereupon the Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Adkins voted for the motion. There were no nays, and the Mayor declared the motion to be carried.
The normal order of business was then suspended to allow for County Judge Kevin Litty and County OEM Director David Stultz to address the City Council with respect to a proposed intergovernmental service agreement regarding dispatching services through the Baxter County 9-1-1 Center. The Mayor stated that there has been discussion taking place for several months now in the intergovernmental monthly meetings with regards to the municipalities in Baxter County contributing to the cost of operating the 9-1-1 Center and dispatching for municipal police departments, including the Gassville Police Department.
Council Member Smith pointed out that when the enhanced 9-1-1 system was created in Baxter County in the late 1990s there had never been any mention or expectation of municipalities having to contribute funding to Baxter County for the operation of that system or for routine dispatching services. He asked why Baxter County is now suddenly approaching the city with a request for money. County Judge Litty stated that the 9-1-1 Center's operating budget was deficient by approximately $100,000 in 2023 and by approximately $200,000 in 2024, which Baxter County had to cover from the County General Fund, even though according to the Judge he has made cuts to the 9-1-1 Center's budget. Council Member McFarland asked how much revenue the 9-1-1 system receives from taxes and fees levied on phone services. Judge Litty did not know and did not have that information with him, although he said he could provide it later. The staffing for 9-1-1 dispatch has increased from 5 to 12 positions since its establishment in around 1998 according to OEM Director Stultz.
Judge Litty asked the City of Gassville to sign the agreement, which would require Gassville to pay $10,430 a year toward the operation of the Baxter County 9-1-1 Center and for dispatching services. OEM Director Stultz, who has received the 2024 OEM Director of the Year award from the state, stated this figure was calculated upon a formula that took population into the equation. The agreement would also require municipalities to pay for an undetermined portion of expenses for what is termed "equipment costs". The agreement, if approved, would begin on January 1, 2025 and be valid through December 31, 2026. Judge Litty indicated his intent to create an oversight advisory board that would include members from all the municipalities.
After further discussion, Council Member McFarland moved to authorize the Mayor to enter into the intergovernmental service agreement with Baxter County under the terms and conditions contained therein. This motion was seconded by Council Member Lassen. The Mayor called for further discussion, then for the vote. Council Members Smith, McFarland, Seaman, and Lassen voted for the motion. Council Member Adkins abstained. Mayor Braim declared the motion to be carried.
Returning to the normal order of business, Police Chief Mayfield then gave the police department report for the month of August, 2024. It was accepted into the record without objection.
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Fire Chief Glotzl gave the fire department report for the month of August, 2024. It also was accepted into the record without objection. Chief Glotzl then presented the City Council with a proposed change to the fire department's SOGs pertaining to the manner in which officers of the fire department are nominated and elected or approved. Council Members asked some questions, but no action was taken.
Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission, which had met on September 12, 2024. The wastewater treatment facility is operating normally. Some repair needs were discussed. Updated reports were given on the Phase II and upcoming Phase III renovation projects to the sewer system. Rain had caused several mud slides, which required debris to be removed. Damaged lines have been repaired. Grease trap deficiencies are causing problems. All three of Gassville's lift stations had to be pumped out due to household grease build-up in the lines. There will be a notification put on the next water and sewer bills that go out reminding customers not to pour grease down the drains.
Council Member Lassen reported that the Gassville Planning and Zoning Commission met briefly on September 9, 2024 and discussed one old item of business. A copy of those minutes is attached hereto.
Mayor Braim gave the building inspection report for the period of August 20th through September 13th. It was accepted into the record without objection.
The dilapidated residential structure at 208 Lakeview Drive that has been previously discussed as a contender for condemnation proceedings has how been torn down and removed.
Moving on to unfinished business, the City Council took up consideration of Proposed Ordinance No. 2024-05 pertaining to adoption of the personnel policy handbook on its second reading. Council Member Lassen moved to place the proposed ordinance on its second reading by title only. The motion was seconded by Council Member McFarland. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, and Adkins voted for the motion. Council Member Smith was out of the room and did not vote. 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. 2024-05. AN ORDINANCE ADOPTING THE CITY OF GASSVILLE (2024) PERSONNEL POLICY HANDBOOK, SAFETY MANUAL, AND ARKANSAS ASSOCIATION OF CHIEFS OF POLICE (AACP FOR POLICE DEPARTMENT) AND FOR OTHER PURPOSES."
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Under new business, the sale prices of fire department vehicles that had previously been offered for sale by sealed bid was discussed. These are the 1990 Pierce pumper truck and the 1991 Freightliner tanker truck. The sealed bids that had been received were opened at the August, 2024 meeting and were found to be insufficient by the City Council. The bids were formally rejected at that time. Fire Chief Glotzl has done further research on the value of those vehicles. He believes the 1990 Pierce, which Gassville bought in 2024, should have a minimum bid value of between $20,000 to $22,500. He believes the 1992 Freightliner should have a minimum bid value of $45,000. Chief Glotzl seeks to purchase a newer combined pumper/tanker truck to replace those two vehicles. A used one that would meet Gassville's needs, around a 2015 model, would likely cost between $200,000 to $250,000. Mr. John Bolding, Chair of the Tracy Area Fire Protection District, was present in the audience and made a new cash offer for the tanker truck to the City Council. Tracy FD had submitted a sealed bid in August, but their bid had been one of those rejected by the City Council at that time. Recorder-Treasurer Lewis stated he believes that state law would require an additional sealed bidding process to take place for the sale of these vehicles, rather than the City Council simply voting to accept a new open cash offer. Mayor Braim indicated he would have to check on that with the City Attorney. Council Member McFarland then moved to table the matter until legal clarification on that point is obtained. The motion was seconded by Council Member Seaman. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, and Adkins voted for the motion. Council Member Lassen did not vote, which would constitute a de facto abstention. Mayor Braim declared the motion carried.
The matter of the property tax millage rate for Gassville was then addressed. The current millage rate is 5 mills. Council Member McFarland moved to request the Baxter County Quorum Court to again levy the customary 5 mill property tax rate to be assessed in 2024 and collected in 2025. This motion was seconded by Council Member Lassen. The Mayor called for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Adkins voted for the motion. There were no nays, and the Mayor declared the motion carried. Mayor Braim will send a letter to the County Judge informing him of the City Council's action on this matter.
A report was presented from the Water and Wastewater Committee, which had recently met. Although the new permanent sales tax for the water and sewer department is now in place and being collected, the city has yet to receive the first monthly installment check from the state. The first check should be received in September.
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Since the city will not be able to determine the amount of average monthly sales tax revenue that will be received from this new tax until after several months worth has come in, the committee is recommending that the current provisions of the latest rate ordinances (Ordinances 2023-01 and 2023-02) for water and sewer services, which include a 3% increase per year for several year, be kept in place for 2025. If it is determined later in 2025 that there is no need for the 3% increases, then those sections of the ordinances can be repealed. The committee is also recommending that a commercial rate system be put into place for water and sewer services to commercial customers. This would require a public hearing followed by a new ordinance to establish commercial rates.
Council Member Seaman moved to keep the provisions of both rate ordinances in place, as originally passed, for the time being. This motion was seconded by Council Member Seaman. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Adkins voted for the motion. There were no nays, and the Mayor declared the motion carried.
Council Member Lassen then moved to proceed with the necessary steps to establish a commercial rate system for commercial customers of the water and sewer system. This motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Smith, McFarland, Seaman, Lassen, and Adkins voted for the motion. There were no nays, and the Mayor declared the motion carried.
Discussion then turned to the preliminary cost estimates for street paving overlays through the state-aid paving assistance program. Preliminary cost estimates have been calculated for Crest Loop, Whitaker Lane, Willow Trail, CC Drive, and Red Bud Road totaling $451,300. State aid funds will not be available until 2026, and will be capped at $300,000. The city would have to come up with the difference.
Mayor Braim then updated the City Council on several items, to-wit:
1. With respect to litigation involving the new city water well, the city has met with the attorney and has responded to interrogatories that have been received. Additional testing at the well site has been concluded, however pumping is still taking place three days per week while awaiting test results back from the Arkansas Department of Health.
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2. The 2022-2023 audit by the Arkansas Joint Legislative Auditors is nearing completion. The final documents they have requested have been sent to them.
3. This Friday, September 20th, there will be an employee appreciation luncheon at the city park from 11:30 AM to 1:00 PM.
4. In addition to the newly purchased pitching mound for the city park at a cost of $1,944.00, repairs to slides were also needed at a cost of $1,776.85. The budget for the city park for 2024 was $15,000.00, of which $10,096.70 has already been expended. The Mayor requested an additional appropriation of $6,000.00 and said he would be asking the Gassville In The Park Committee for another $4,000.00. The City Council instead approved an additional appropriation of $10,000.00 from General Fund to City Park Operation and Maintenance budget line item #6990 upon motion by Council Member McFarland, seconded by Council Member Seaman, with Council Members Smith, McFarland, Seaman, Lassen, and Adkins voting for the motion. The Mayor declared the motion carried and indicated he would still speak with the Gassville In The Park Committee about additional funding.
5. The Mayor announced he will be calling a meeting soon of the City Parks Committee.
There being no further business to come before the City Council, the meeting then adjourned at 7:50 PM upon motion of Council Member Adkins, 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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