HomeMy WebLinkAbout2009-07-21 MINUTES OF COUNCIL
JULY 21, 2009
The Batesville City Council met in regular session on July 21, at 5:30 PM at the
Municipal Building. Mayor Elumbaugh presided over the meeting. Councilmember Insell gave
the invocation. Upon roll call, the following council answered present; Tommy Bryant, Margarett
Henley, Davy Insell, Fred Krug, Doug Matthews, Matt McDonald, Richard O'Neal and David
Shetron. Also present was the City Clerk and the City Attorney.
Councilmember Insell moved to approve the minutes from the last two meetings.
Councilmember O'Neal seconded and all voted for.
Councilmember Shetron moved to approve the prepared agenda. Councilmember
Henley seconded and all voted for.
COMMENTS FROM CITIZENS
None
UNFINISHED BUSINESS
A) THIRD READING OF AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE
HOLMES SUBDIVISION FROM R-1 AND C-1 TO C-2
Councilmember Insell moved to suspend the rules and read the final reading by title
only. Councilmember O'Neal seconded and the roll call count was 8 for and 0 against. Mr.
Stalker read the ordinance by title only. Mayor Elumbaugh opened the floor for discussion.
Councilmember Krug said although some say that safety is not an issue with the proposed
rezone, he walked across the street and realized the danger in doing so. He said the residents
in Big Pine have supported the City in recent tax elections and felt the City should support
them. Councilmember Henley agreed with Mr. Krug and added there is a need for such a
development but she was in support of keeping neighborhoods in tact and thought there was a
better place for the proposed apartment complex. Councilmember Bryant moved to adopt the
ordinance and Councilmember Shetron seconded and the roll call count was 0 for and 8
against.
NEW BUSINESS
A) MS. MERRY MOISEICHIK FROM THE UNIVERSITY OF ARKANSAS WITH A
PROPOSAL REGARDING A COMPREHENSIVE STUDY OF THE BATESVILLE PARKS
AND RECREATION FACILITIES
Ms. Merry Moiseichik, Associate Professor of Recreation with the University of
Arkansas, addressed the council with a proposal for a comprehensive plan for Batesville's
Parks and Recreation Department. Ms. Moiseichik was contacted by the Parks & Rec.
Commission. Ms. Moiseichik said her class of upper-grad students will make two trips to
Batesville, tour our facilities, meet with members of the Parks and Recreation department and
commission members. Two weeks before the end of the semester, the class will present their
results for critique and in-put for the final presentation to the council with the problems and
suggested solutions. The cost of the project including all travel and expenses for 15 students,
3 consultants and 1 faculty member is $9,134.00. For an additional $3,000.00 they will
conduct a needs assessment which includes at least two community meetings and a
questionnaire sent to a random sample of 1000 residents. A second mailing takes place for
non-respondents. Ms. Moiseichik said if approved, the project will begin in February of 2010
and be completed May, 2010. Councilmember Shetron moved to contract with the University
of Arkansas for the Parks and Recreation Comprehensive Study and additional needs
assessment study. Councilmember Bryant seconded and all voted for.
B) MS. JOY WILSON AND MR. GLEN WILLIS REGARDING ALERT EXPRESS
Ms. Joy Wilson, Dispatch Supervisor, and Mr. Glen Willis, OES Director, addressed the
council regarding the proposed implementation of Alert Express. Alert Express is a secure web
site that will be managed by Batesville Dispatch and OES to send out emergency alerts
including weather alerts, boil water orders, road closings, Amber alerts, etc. The service will be
free to the public. Ms. Wilson said they will publish forms for citizens in Batesville and
Independence County to fill out and the information will be entered into the Alert Express
system. When an alert is warranted, the Citizens will be notified by telephone, land line and/or
cell phone, of the emergency. Mr. Willis said the program allows setting up quadrants which
they are doing by using the fire districts. In doing so, they can notify only sections of the county
that the emergency affects. The cost to implement the program will be approximately
$3,500.00 for two lap top computers with wireless internet. Councilmember Matthews moved
to proceed with the Alert Express implementation and Councilmember O'Neal seconded. All
voted for.
C) MR. ED MABRY WITH THE ECONOMIC DEVELOPMENT COMMISSION
Mr. Ed Mabry with the Independence County Economic Development Commission
addressed the council to give them an update regarding the newly formed commission. Mr.
Mabry said people apply to the commission for economic development funds for several
reasons including established businesses who wish to expand, to start a new business, loan
forgiveness to name a few. Once the commission approves an application, the applicant goes
before the Quorum Court for final approval. Mr. Mabry said the Quorum Court recently
approved three applications. He said the AEDC in Little Rock offered to give Townsends
$500,000 to add a line to its plant which will create 70 new jobs if we would give them
$200,000. He said since the County passed the Economic Development tax, the State is
willing to help as well. Mayor Elumbaugh said he thought it would be a good gesture for the
City to help Townsends as well. Townsends is currently repaying an under billing error at a
little more that$10,000. per month. They owe a little over$100,000. The Mayor asked the
council if they would approve the forgiveness of the dept owed by Townsends as long as they
add the new line and retain the 70 additional employees for a determined number of years. If
they do not add the line and 70 new employees or keep the employee for determined number
of years, Townsends will have to pay back the balance of their debt. Councilmember Bryant
moved for the Mayor to work with the lawyers to draft the contact for the debt forgiveness.
Councilmember Shetron seconded and all voted for.
D) DISCUSS STOP LIGHTS ON MAIN STREET
Mr. Marty Thompson and Mr. Johnny Coles address the council regarding stop lights on
Main Street. Mr. Thompson and Mr. Coles work on the City's stop lights. The council
discussed the options for the traffic signals at the intersections of Main and 3 d and Main and 4th
streets. Councilmember McDonald moved to have the traffic signals flash red in all directions
at both intersections for 90 days and then reconsider their options. Councilmember Bryant
seconded and all voted for.
E) CONSIDER AN ORDINANCE TO CREATE A COMMISSION TO HEAR APPEALS
FROM DECISIONS OF THE CODE ENFORCEMENT OFFICE AND FIRE CHIEF
Code Enforcement Officer Chad McClure addressed the council regarding a proposed
ordinance to set up an Appeals Commission to hear appeals on decisions made by the Code
Enforcement Office and Fire Chief. Mr. McClure said when the city passed the new building
and fire codes it mandated that we set up an appeals commission. Councilmember Bryant
introduced the ordinance. Councilmember Bryant moved to suspend the rules and read the
ordinance by title only. Councilmember O'Neal seconded and the roll call count was 8 for and
0 against. Mr. Stalker read the ordinance by title only. Councilmember Bryant moved to
suspend the second and third readings and Councilmember O'Neal seconded. The roll call
count was 8 for and 0 against. Councilmember Bryant moved to adopt the ordinance.
Councilmember Insell seconded and the roll call count was 8 for and 0 against. The ordinance
was given #2009-7-1. Councilmember Bryant moved to adopt the emergency clause.
Councilmember O'Neal seconded and the roll call count was 8 for and 0 against.
F) CONSIDER AN ORDINANCE TO AMEND ORDINANCE #2005-11-1 REGARDING
UNIFORM PENALTIES AND FINES
Councilmember Matthews introduced an ordinance that would amend ordinance #2005-
11-1
2005-11-1 regarding penalties for violations. The amendment brings the City's ordinance up to the
State standards. Councilmember Matthews moved to suspend the rules and read the
ordinance by title only. Councilmember Shetron seconded and the roll call count was 8 for and
0 against. Mr. Stalker read the ordinance by title only. Councilmember Matthews moved to
suspend the second and third readings and Councilmember Insell seconded. The roll call
count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance.
Councilmember Shetron seconded and the roll call count was 8 for and 0 against. The
ordinance was given #2009-7-2. Councilmember Shetron moved to adopt the emergency
clause. Councilmember Bryant seconded and the roll call count was 8 for and 0 against.
G) CONSIDER A RESOLUTION IN SUPPORT OF A BATESVILLE EXPRESSWAY
(BYPASS) ON HIGHWAY 167
Councilmember O'Neal introduced a resolution in support of continued Highway 167
improvements between Batesville and Ash Flat and an alternate route around Batesville on the
east side. Councilmember Insell moved to read the resolution by title only. Councilmember
O'Neal seconded and the roll call count was 8 for and 0 against. Mr. Stalker read the
resolution by title only. Councilmember Shetron moved to adopt the resolution and
Councilmember O'Neal seconded. The roll call count was 8 for and 0 against. The resolution
was given #2009-7-1-R.
H) REVIEW PAID BILLS REPORT
The council reviewed the paid bills report for June, 2009.
I) REVIEW JUNE, 2009 FINANCIALS
The council reviewed the financials for June, 2009. The council decided to have a mid
year budget meeting immediately after the August 11 th council meeting.
J) ENGINEER'S REPORT
City Engineer Damon Johnson gave his monthly report to the council. He reported that
the Pioneer Drive job was about 50% complete. Mr. Johnson reported on the utility plants and
construction departments and said the smoke tests that were planned were rained out.
MAYOR COMMENTS
Mayor Elumbaugh said several land owners near the intersection of Hwy 233 and Hwy
25 are in the process of petitioning to be annexed into the city limits of Batesville. He said the
proper paperwork will be presented to the council in the near future.
Mr. Steve Lewis with CenterPoint Energy is hosting the "National Night Out" at City Hall
on August 4th at 6:00 PM. National Night Out is an event to encourage neighbors to meet one
another and also meet their local fire and police. There will be refreshments furnished by Mr.
Lewis and the Mayor encouraged everyone to come out and support the event.
LIAISON REPORTS
Councilmember Matthews updated the council on the paving of the runways at the
Municipal Airport.
COUNCIL COMMENTS
Councilmember Bryant said he noticed several lights out at Riverside Park primarily
along the Riverwalk.
ADJOURNMENT
There being no further business, Councilmember Insell moved that the meeting be
adjourned. Councilmember Bryant seconded and all voted for.
RICK ELUMBAUGH, MAYOR
DENISE M. JOHNSTON, CITY CLERK