COUNCIL MINUTES OCTOBER, 2025
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2025
A regular meeting of the City Council of the City of Gassville, Arkansas was held on Tuesday, October 21, 2025 at the Gassville Community Center. Mayor Braim led those in attendance in reciting the Pledge of Allegiance and offered a words of prayer, after which the meeting was then called to order at 6:00 PM.
Upon the calling of the roll, those in attendance were 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 Police Chief Tim Mayfield, Fire Chief Michael Glotzl, and Water and Street Superintendent Michael Dewey. City Attorney Christopher Floyd and special legal counsel Attorney Kerry Chism were also in attendance.
The Mayor first called for monthly reports to be given.
Police Chief Mayfield gave the police department report for the month of September, 2025. It was accepted into the record without objection.
Fire Chief Glotzl gave the fire department report for the month of September, 2025. It was accepted into the record without objection. Fire Chief Glotzl asked the City Council to approve budget amendments as follows:
Appropriate $600.00 from miscellaneous revenue and $1,500.00 from equipment sold to City of Salesville for total of $2,100.00 appropriation to FD Expense line item #7020 - Operations and Maintenance.
Appropriate $78.64 from WEX Fuel Rebate Revenue to FD Expense line item #6570 - Fuel and Oil.
Council Member Bird moved to authorize these budget amendments as requested, which motion was seconded by Council Member Adkins. Mayor Braim called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
Mayor Braim gave the building inspection report for the period of September 12th through October 16th. It was accepted into the record without objection.
The minutes from the September 18, 2025 meeting were presented for approval. Council Member Lassen moved to approve the minutes as presented, which motion was seconded by Council Member Seaman. There were no additions or corrections called for, whereupon Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The financial report for the month of September, 2025 was presented to the City Council for approval, which included a corrected page 1 (Fund Balance Recap Sheet) from what Council Member had previously been given. Council Member McFarland moved to approve the financial report with the corrected page 1. This motion was seconded by Council Member Bird. Mayor Braim called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The Cotter-Gassville Joint Sewer Commission has not met, however Mayor Braim did say that the collection system renovation project has finally been completed and inspected. The two lift stations are now in operation.
Council Member Lassen gave a report from the Gassville Planning and Zoning Commission, which met on October 20th. A copy of the minutes from that meeting are attached hereto and incorporated herein by reference. The Commission approved a plat presented by Osmon Properties regarding construction of additional housing units in Gassville Gardens. Council Member Bird moved to confirm the Commission's approval, which motion was seconded by Council Member Adkins. The Mayor called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The first item on the formal agenda was the City Council's consideration of an appeal from the Planning and Zoning Commission's denial of a petition filed for a special use permit by Coyote Enterprises, Inc. and Tillman Infrastructure for the construction of a communications tower at 7075 Hwy 62 East. Coyote Enterprises, Inc. requested in writing, signed by Mr. Larry Black, that Mr. Greg Ferris of Ferris Consulting be permitted to represent it at all necessary hearings. The Commission held a public hearing on September 9, 2025 after providing due notice to the public. At the conclusion of the hearing, the Commission, on a vote of 3 to 1, voted to deny granting the special use permit, citing lack of need and public opposition. The petitioner then filed an appeal of that decision to the City Council. The appeal was filed within the allowable time period.
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Mr. Greg Ferris first addressed the City Council on the matter of the appeal. Mr. Ferris disputed the Commission's finding of a lack of need for the tower, contending that Commissioners are not qualified to determine whether such a need exists or not. Mr. Ferris also stated that the property in question is already zoned for commercial use, and that surrounding property owners would not be negatively affected by the placement of a communications tower on that property. No property owner rights would be infringed upon. In addition, Mr. Ferris asserted that any public concerns about RF (radio frequency) waves are unfounded, as the equipment on such a tower would not emit RF waves of any greater intensity than common devices such as microwave ovens, cell phones, or modems. He cited a study by the National Cancer Institute to validate that statement. Mr. Ferris asked the City Council to overturn the Commission's denial of the special use permit.
Council Member Bird asked how and to what extent the citizens of Gassville would benefit from a new communications tower in that area. To help address that question, Lisa Lake, a representative from The American Telephone and Telegraph Company (A T & T) and a registered lobbyist, came to the podium. A T & T currently has equipment installed on another communications tower in the same area, one owned by Crown Castle, Inc. If a new tower is allowed to be constructed by the petitioner, A T & T would move its existing equipment off the Crown tower to the new tower and begin making upgrades. These would include new technology, increased download speeds, allow for reliable and affordable service to be maintained for its customers, and to provide cost savings to A T & T and its customers. She maintained that this was an issue of costs, and it will be most cost effective for A T & T to move equipment to the new tower rather than continue to rent tower space from Crown Castle. She asserted that Crown Castle currently holds a monopoly and can charge whatever fees or rates it chooses to for those companies that place equipment on its tower. Ms. Lake stated that while there may not currently be coverage issues or problems with dropped calls, there could potentially be in the future. While these proposed changes may offer benefits to A T & T customers, it was unclear what benefits there would be to other Gassville residents and those who have cellular services with other providers.
Council Member Bird asked Attorney Kerry Chism to give his opinion on the situation. Mr. Chism stated that in his research he found that one of the primary considerations that should be determined in deciding whether or not to grant or deny such permits is whether or not there is an actual corresponding need. This would include situations such as calls being dropped or internet connections being disrupted because of insufficient service or connectivity. No information has been presented to indicate that such problems exist.
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Mr. Drew Colbow, representing Crown Castle, Inc., addressed the City Council. Crown Castle owns the communications tower that already exists in the area. It is approximately ¼ mile away from the proposed site of the new tower. A T & T currently has it's equipment on the Crown Castle tower. Crown Castle has not been in any new negotiations with A T & T, but would be willing to negotiate terms with respect to its continuation of using the Crown Castle tower.
Attorney Michael Goswami, a regulatory lawyer representing Crown Castle, Inc., then spoke to the City Council. He contends that there is no lack of coverage in the area, and that there is no need for the placement of an additional tower. Mr. Goswami also contended that Mr. Ferris lacked standing to file an appeal on behalf of the petitioner or to be paid to act, represent, or speak upon the petitioner's behalf at a government meeting, asserting that doing so constitutes practicing law without a license. He asked the City Council to dismiss the appeal as a legal nullity. He also contends that the City Council should not consider any new information or arguments made by the petitioner that were not made at the public hearing held by the Planning and Zoning Commission, and further that the City Council should use its discretion to uphold the decision of the Commission to deny the permit.
Mr. Chism disputed the assertion that Mr. Ferris was practicing law without a license by representing the petitioner before the City Council at this appeal. He stated he believes there would be a denial of due process if the petitioner was not permitted to be heard should the City Council decide the appeal to be improperly filed as Mr. Goswami suggested.
Another A T & T representative, Mr. Jacob Garrett, also a registered lobbyist, briefly addressed the City Council as well. He also spoke about cost savings and that not only A T & T but other services providers could also use the new tower. The only equipment currently on the existing Crown Castle tower belongs to A T & T.
Council Member Lassen asked Ms. Lake if only A T & T customers would enjoy the benefits of upgraded equipment on a new tower, or if customers of other service providers would see the same benefits. Ms. Lake replied that any traffic routed through the A T & T equipment from other carriers would receive the same benefits as A T & T customers.
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Council Member Adkins stated that he has ten years of experience in working in telecommunications, and that no real need has been expressed to justify the construction of another communications tower in the same general area. Council Member Adkins therefore moved to uphold the decision of the Planning Commission and to deny the special use permit sought by the petitioner. This motion was seconded by Council Member Bird. Mayor Braim called for discussion on the motion, then for the vote. Council Members McFarland, Adkins, and Bird voted for the motion. Council Members Seaman and Lassen voted against the motion. Mayor Braim declared the motion to be passed by majority vote.
Under unfinished business, the City Council took up consideration of several different ordinances that were in various stages of passage. The first was Proposed Ordinance No. 2025-08 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 Bird. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Adkins, 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. 2025-08. AN ORDINANCE TO ESTABLISH THE DUTIES AND RESPONSIBILITIES OF THE CITY ATTORNEY; TO PROVIDE FOR THE MANNER OF COMPENSATION FOR THE CITY ATTORNEY; AND FOR OTHER PURPOSES."
Following the reading, Council Member Seaman moved to adopt the proposed ordinance. This motion was seconded by Council Member Lassen. Mayor Braim called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the Mayor declared the motion to be carried and Ordinance No. 2025-08 to be adopted.
Proposed Ordinance No. 2025-10 was then 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. This motion was seconded by Council Member Bird. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Adkins, 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:
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"ORDINANCE NO. 2025-10. AN ORDINANCE ESTABLISHING A MONTHLY FEE TO EACH PROPERTY THAT UTILIZES A SEWER LIFT STATION IN THE CITY OF GASSVILLE, REPEALING ANY ORDINANCE THAT CONFLICTS AND FOR OTHER PURPOSES."
Proposed Ordinance No. 2025-11 was then up for its second reading. Council Member Bird moved to suspend the rules and place the proposed ordinance on its second reading by title only. This motion was seconded by Council Member Lassen. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Adkins, 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. 2025-11. AN ORDINANCE PROVIDING FOR THE ELECTRONIC TRANSFER OF FUNDS FOR PAYMENTS IN ACCORDANCE WITH A.C.A. 14-59-105, PROVIDING INTERNAL ACCOUNTING CONTROLS FOR SAID TRANSFERS, AND FOR OTHER PURPOSES."
Proposed Ordinance No. 2025-12, which dealt with personnel policies involving internet use and cybersecurity, had been scheduled for its second reading, but Mayor Braim asked that the reading be deferred. He would like to update the proposed ordinance to include a new city policy dealing with AI issues before bringing it back to the City Council. Council Member Bird moved to table the proposed ordinance. This motion as seconded by Council Member McFarland. Mayor Braim called for discussion, then for the vote. Council Members McFarland, Seaman, Lassen, Adkins, and Bird voted for the motion. There were no nays, and the motion was declared to be carried.
The final ordinance item was Proposed Ordinance No. 2025-13. Council Member Adkins 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. Mayor Braim called for the vote. Council Members McFarland, Seaman, Lassen, Adkins, 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. 2025-13. AN ORDINANCE AMENDING ORDINANCE 2025-05 SPECIFICALLY SECTION 6 EXCEPTION AND FOR OTHER PURPOSES."
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Moving on to new business, a representative from First Security Bank had been expected to attend the meeting to discuss banking terms and proposals but did not show up. The existing banking agreement is set to expire. The matter will be continued until the next meeting.
With respect to the vacancy in the Ward 1, Position 2 council position, the Mayor reported that only one person had shown interest in being appointed to the position, but had since withdrawn his name. The position remains open to anyone interested and eligible who resides in Ward 1 and will be discussed again at the next meeting.
The current situation with the several dilapidated and/or condemned properties that have been previously focused on was discussed. In regards to the George Bernardy property on Hopper Street, the City of Gassville currently has a lien against the property after the old house structure on the property was condemned and removed by the city. The property owner, now living in Alaska, was duly served with court process, did not respond, and is now in default. Attorney Chism will now present an order to the Circuit Court Judge that would award title to the property to the City of Gassville in order that it can be sold to recover the amount of the lien.
The matter of the Marler property at 237 Factory Place, part of the Estate of James C. Marler, is still unresolved. An affidavit for the collection of small estate was filed by Katlyn Marler with the Probate Division of the Baxter County Circuit Court on August 20, 2024. The affidavit listed six known heirs who have an interest in the property. At previous Council Meetings Katlyn Marler had expressed her desire and intent into get the heirs to jointly agree to disclaim their interests in the property in her favor in order that she could sell the property to a potential buyer. That has not occurred. That being the case, the City Attorney stated it would now be necessary for the city to give each listed heir a notice of hearing date in order to move forward with condemnation proceedings on the abandoned and dilapidated property. The Mayor will be working with the City Attorney to get these notices issued and a hearing date established.
With respect to the property at 516 Main Street, now owned by Mr. Jamie Mann, the Mayor stated that there have been communications with Mr. Mann as to his intentions for the property, but Mr. Mann has taken no further action and no results have been achieved. Attorney Chism stated he would speak with Mr. Mann to try and come up with a plan to address the issue.
The 2024 Legislative Audit Report was presented to the City Council. The audit report contained no findings that need to be addressed.
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Police Chief Mayfield stated that Police Sergeant Ronald Weaver will be retiring on November 1st, but he is expected to return to work at the police department sometime next year when the regulations of the LOPFI retirement system will permit it.
Mayor Braim updated the City Council on various topics, to-wit:
1. He met with the Arkansas Department of Transportation pertaining to the South Johnson Street rebuild project. Preliminary design work has been prepared by ARDOT, which will include relocations of some utilities.
2. A planning and zoning training session is going to be held at the Mountain Home City Hall on October 30th. Gassville has expressed interest in partnering with other municipalities as a cost saving measure in development of new city-wide plans.
3. Training on how to deal with neglected properties will be held in Jonesboro on November 14th.
4. There will also be upcoming training offered on economic development.
5. The Mayor and Department Heads have been doing preliminary work on a budget for 2026.
A resident living at 623 Crest Loop spoke to the City Council. She stated that children have moved into the area recently. She requested that a couple of warning/caution signs be posted, one on Crest Loop and another on Crest Way, alerting motorists of children at play.
Council Member Adkins and the City Attorney briefly discussed highway billboards and ways to potentially regulate them.
There being no further business to come before the City Council, the meeting then adjourned at 7:36 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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