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HomeMy WebLinkAbout2008-03-11 MINUTES OF COUNCIL MARCH 11, 2008 The Batesville City Council met in regular session on March 11, at 5:30 PM at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Councilmember Terrell gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Matt McDonald, Trula Pectol, David Shetron, Stephen Smart and Paula Terrell. Also present were the City Clerk and the City Attorney. Councilmember Shetron moved to approve the minutes from the previous meeting and Councilmember Terrell seconded. All voted for. Councilmember Matthews moved to approve the prepared agenda. Councilmember Smart seconded and all voted for. COMMENTS FROM CITIZENS None UNFINISHED BUSINESS None NEW BUSINESS A) CONSIDER A RESOLUTION FOR A CHILDCARE FACILITY ON THE UACCB CAMPUS The council considered a resolution that would authorize the Mayor to apply for a grant on behalf of the University of Arkansas Community College at Batesville to aid in the construction of a childcare facility. Councilmember Terrell introduced the resolution and the City Attorney read it in full. Councilmember Smart moved to adopt the resolution and Councilmember Carpenter seconded. All voted for. The resolution was given #2008-3-1-R. B) MEMORANDUM OF AGREEMENT BETWEEN THE ARKANSAS GAME AND FISH COMMISSION AND THE CITY OF BATESVILLE Mayor Elumbaugh explained the proposed Memorandum of Agreement between the Arkansas Game and Fish Commission for a firing range in Batesville. The Batesville Firing Range will be at the very end of West Main Street behind the jail and adjacent to Poke Bayou. Thirty acres have been donated to the Game and Fish Commission for the range. Mayor Elumbaugh said the shooting range would be secured and individuals wanting to use the facility would have to check in at the jail. Councilmember Terrell moved to adopt the agreement and Councilmember McDonald seconded. All voted for. C) PUBLIC HEARING TO PLACE LIENS ON CERTAIN PROPERTIES Mayor Elumbaugh opened the public hearing to consider liens at 5:40 PM. Code Enforcement Officer Chad McClure came forward to answer any questions from the council or audience. The first property to consider was at 320 Baker Street. The lien amount is $1,082.46. The Mayor opened the floor for discussion. There being none, Councilmember Smart moved to place a lien of $1,082.46 on 320 Baker Street. Councilmember Matthews seconded and all voted for. The second property to consider was at 2029 Neeley Street. The lien amount is $1,430.59. The Mayor opened the floor for discussion. There being none, Councilmember Shetron moved to place the lien of$1,430.59 on 2029 Neeley Street. Councilmember Matthews seconded and all voted for. The third piece of property to consider was at 1712 Lyon Street. The lien amount is $1,182.83. The Mayor opened the floor for discussion. There being none, Councilmember Matthews moved to place the lien of$1,182.83 on 1712 Lyon Street. Councilmember Shetron seconded and all voted for. The final property is at 555 Hawkins Street. It was a clean up only in the amount of$367.50. The Mayor opened the floor for discussion. There being none, Councilmember Terrell moved to place the lien of$367.50 on 555 Hawkins Street. Councilmember Krug seconded and all voted for. The public hearing was closed at 5:52 PM. D) CONSIDER AN ORDINANCE TO ADOPT NEW SUBDIVISION REGULATIONS The council considered an ordinance that would adopt new subdivision regulations for the City of Batesville. Councilmember Matthews introduced the ordinance. The City Attorney read the ordinance in full. The Mayor opened the floor for discussion. Councilmember Shetron moved to suspend the rules and waive the second and third readings and Councilmember Carpenter seconded. The roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Shetron seconded. The roll call count was 8 for and 0 against. The ordinance was given #2008-3-1. City Attorney Stalker read the emergency clause and Councilmember Smart moved to adopt. Councilmember Carpenter seconded and all voted for. E) REPORT FOR CITY ENGINEER City Engineer Damon Johnson addressed the council for an update on several projects within the City. Mr. Johnson said the Main Street Sewer line was completed and clean up was underway. The water line replacement on College Street between State and 4t" Streets will begin soon. He also gave an update on the progress of both the Water Treatment Plant and the Wastewater Treatment Plant. The new contracted meter readers are a little behind because of the snow but hope to get caught up this week. F) EXECUTIVE SESSION Councilmember Smart moved to go into executive session. Councilmember Shetron seconded and all voted for. Upon returning from executive session, Councilmember Krug moved to appoint Mr. Greg Mohlke to the Parks Commission. Councilmember Pectol seconded and all voted for. Mr. Mohlke's term will expire January 10, 2013. G) REVIEW OF PAID BILLS REPORT The council was given a copy of the paid bills report for February, 2008. COMMENTS FROM THE MAYOR Mayor Elumbaugh asked Cemetery/Landscaping Supervisor Johnny Abbott to address the council regarding a new mower. Mr. Abbott and representatives from John Deere address the council with a 5 year lease to purchase plan for a new John Deere mower. The mower would considerably speed up the time it takes to mow city properties and allow Mr. Abbott's crew to start mowing several Parks, Water and Wastewater properties. The John Deere representatives brought the mower for the council to see. After a short break for the council to go outside ant look at the mower, the council asked that Mr. Abbott get information on a 3 year buy back plan and return to the council for consideration. The annual Cemetery clean up is scheduled for March 17-22. Mayor Elumbaugh said that the council had received the requested Attorney General's opinion regarding if an Elected City Attorney could live outside the city limits of the City in which he was elected. The AG's opinion was that the City Attorney must reside inside the City limits through out his term. In light of the opinion, the Mayor said that City Attorney Stalker had moved back into the City limits and was residing at 1580 Main Street. The Mayor said he had received a letter from the City Attorney stating that he had recently recusing himself form a Circuit Court case and the City needed to hire an attorney to try the case. Councilmember Shetron said that Arkansas Statue 14-43-407 authorized the City Attorney to appoint a Deputy City Attorney who shall serve at the will of the appointing officer. Mr. Stalker said that the judge would have to approve the appointment and Mr. Shetron agreed but said it was still the City Attorney's responsibility, not the City's. Councilmember Matthews read the statue aloud which also states that the salary or other compensation of the appointed deputy City Attorney shall be paid by the city attorney from his own compensation. Mr. Stalker said he was not aware of the state's statute. Mayor Elumbaugh said he would visit with Mr. Stalker regarding the issue later in the week. Mayor Elumbaugh said the bids had been opened for the new front end loader sanitation truck. Two bids were received with Tri-State Truck Center meeting all the bid requirements. Councilmember Shetron moved to accept the Tri-State bid and Councilmember Terrell seconded. All voted for. LIAISON REPORTS None COMMENTS FROM COUNCILMEMBERS None ADJOURNMENT There being no further business, Councilmember Pectol moved the meeting be adjourned. Councilmember Matthews seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK