COUNCIL MINUTES DECEMBER, 2022

Date Posted: 01/18/2023

CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2022

A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, December 20, 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 Ernest Adkins, Council Member Tim McFarland, Council Member Anita Seaman, Council Member Naomi Lassen, Council Member Ralph Bird, Mayor Jeff Braim, and Recorder-Treasurer Jeff Lewis. Council Member Kenneth Smith was absent. Department Heads in attendance were Police Chief Tim Mayfield, Water and Street Superintendent Michael Dewey, and Fire Chief Michael Glotzl.

Prior to continuing further with the prescribed order of business, State Representative Jack Fortner was in attendance to make a presentation. He was recognized by the Mayor for the purpose of presenting a commendation certificate to Police Sergeant Ronald Weaver for providing service above and beyond the call of duty during a recent incident in the city. Sergeant Weaver was recommended for the commendation by a citizen connected with the incident in question. Sergeant Weaver accepted the certificate with gratitude, and the City Council showed its appreciation as well.

The minutes from the November 15, 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 Adkins. There were no additions or corrections asked for, whereupon the Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried.

The financial report for the month of November, 2022 was presented to the City Council. Mayor Braim briefed the City Council on two changes reflected in the financial report that had been made with respect to payments made for the Water and Sewer Audit and for engineering fees on the second city well project being made from budget line items other than those that had initially been expressed. Council Member Bird moved to approve the financial report as presented with those changes as enumerated by the Mayor. This motion was seconded by Council Member Adkins. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, 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 November, 2022. It was accepted into the record without objection. Chief Mayfield also informed the City Council that he had received a request from a citizen to look at lowering the speed limit on U. S. Hwy 62/412 East of Picker's Flea Market. The City has no control over speed limits on federal or state highways, but could ask for the Arkansas Department of Transportation (ARDOT) to conduct a traffic study in that area to determine whether or not the speed limit might need to be changed. It was noted, however, that any findings made by ARDOT could potentially run contrary to the request to lower the speed limit. After additional commentary, Council Member Bird moved to submit a formal request to ARDOT for a traffic study to be made in the area in question. This motion was seconded by Council Member Lassen. Upon the Mayor's calling for the vote, Council Members McFarland, Seaman, Lassen, and Bird voted for the motion. Council Member Adkins voted against the motion. The Mayor declared the motion to be passed, there being four votes in favor and one vote against.

Fire Chief Glotzl gave the fire department report for the month of November, 2022. It was accepted into the record without objection.

Mayor Braim gave the building inspection report for the period of 11/15/2022 to 12/20/2022. It too was accepted into the record without objection.

Council Member Seaman gave a report from the Cotter-Gassville Joint Sewer Commission, which had last met on December 8th. This report included the following information:

A. The wastewater treatment facility is awaiting a permit renewal. The facility currently has a valid permit.

B. Testing fees are increasing from $3,600 to $4,200.

C. A repair part for the gear box cannot be installed without a special tool. Therefore, it is being sent off for repair or replacement.

D. Employee Jim Plumlee will be going to take his Class I license test in January.

E. McDonald's has finally had its grease trap cleaned.

F. The sewer system expansion project is now 99% complete, without only minor issues remaining.

G. New areas of rust have been discovered on the above-ground ductile iron pipe of the collection system.

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H. The new truck for the line crew that was ordered two years ago will finally be delivered early in 2023. The dealer honored the original price, except that the crane and utility bed have increased in price by $8,853.00. The new purchase price will thus be $63,780.00. $10,000.00 will be moved from the Capital Reserve Fund to pay for part of the purchase price, while the proceeds from the sale of the old truck will also be used toward the purchase price.

I. With respect to the "Phase II" renovation project for the collection system, advertisement for bids should take place between March - June, 2023. The contract period will run for 18 months. Despite being applied for, no ARPA funds from the state were awarded for this project.

J. The Commission went into executive session to discuss a personnel matter.

The Gassville Planning and Zoning Commission met. Council Member Lassen, who is Chairperson of the Commission, reported that two proposals were heard by the Commission. One for a potential RV park for short term occupancy across the highway from The Brass Door, and the other for a small apartment venue utilizing shipping containers.

Under unfinished business, the City Council took up consideration of several proposed ordinances. Proposed Ordinance No. 2022-06 dealing with the condemnation and removal of buildings was up for consideration on its third reading. Council Member Lassen 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 McFarland. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, 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. 2022-06. 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(sic); AND FOR OTHER PURPOSES."

Council Member Adkins then moved to adopt the proposed ordinance as read. The motion was seconded by Council Member McFarland. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays. The Mayor declared the motion to be carried and Ordinance No. 2022-06 to be adopted.

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Proposed Ordinance No. 2022-08 dealing with a contract with EF Recovery Billing Services was next on the agenda. Council Member Seaman 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 Adkins. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, 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 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."

Council Member Adkins then moved to adopt the proposed ordinance as read. This motion was seconded by Council Member Lassen. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays. The Mayor declared the motion to be passed and Ordinance No. 2022-08 to be adopted.

The next matter of business was consideration of Proposed Ordinance No. 2022-09, designating a wellhead protection area on Houser Avenue, on its third reading. 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. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, 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."

Council Member Lassen then moved to adopt the proposed ordinance as read. The motion was seconded by Council Member Adkins. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion carried and Ordinance No. 2022-09 to be adopted.

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The final item of unfinished business was consideration of Proposed Ordinance No. 2022-10 on its second reading. This proposal involves civil and small claims court session venues. Council Member Lassen 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. Mayor Braim called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, 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, entitled:'

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

Under new business, the City Council took up consideration of a proposal to sell a 1997 International pumper truck, Engine #6, as recommended by Fire Chief Glotzl. It was also requested that the proceeds from the sale of this vehicle be placed into the new fire truck purchase account. Chief Glotzl stated he would advertise the vehicle being for sale locally first, including on social media, the city website, and etc. After discussion, Council Member Lassen moved to authorize the sale of said vehicle, with the Mayor being authorized to accept the best reasonable offer, and for the proceeds of the sale to be placed into the new fire truck purchase fund. This motion was seconded by Council Member McFarland. The Mayor called for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays, and the Mayor declared the motion to be carried.

The last item of new business was adoption of an operating budget for the city for fiscal year 2023. The City Council has held two budget workshops to review the Mayor's proposed budget, and final budget was ready for consideration. Council Member Adkins moved to approve the final version of the Mayor's budget for fiscal year 2023. This motion was seconded by Council Member Bird. The Mayor called for discussion, then for the vote. Council Members Adkins, McFarland, Seaman, Lassen, and Bird voted for the motion. There were no nays. The Mayor declared the motion carried and the 2023 budget to be adopted.

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

1. Two bank accounts will be closed. The Firemen's Pension and Relief checking account will be closed out because the local system has been consolidated with LOPFI. One last check will be issued to LOPFI as final settlement. Also, the Sewer Project / ACEDP Account #00015487 is being closed out.

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2. A list of old computer hard drives that will be wiped clean by Yelcot and then destroyed was provided to the City Council.

3. An update was given on the walking trail project at Lancaster Park. A pre-construction meeting will be held with the ARDOT Engineer on January 3rd at 10:00 AM at the Community Center.

4. The City Hall will be closed on Friday, December 23rd and on Monday, December 26th for the Christmas holiday.

Council Member Bird reported that a pile of tree limb trimmings had been left behind by the utility company on property on Melanie Dr. The Mayor replied that he would check with the line crew about having the trimmings removed.

There being no further business to come before the City Council at this time, the meeting then adjourned at 6:53 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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