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HomeMy WebLinkAbout2007-10-23 MINUTES OF COUNCIL OCTOBER 23, 2007 The Batesville City Council met in regular session on October 23, at 5:30 PM at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Councilmember Krug gave the invocation. Upon roll call the following Councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Matt McDonald, David Shetron, Stephen Smart and Paula Terrell. The City Clerk was also present. Councilmember Trula Pectol and the City Attorney were absent. Councilmember Shetron moved to approve the minutes from the previous meeting and Councilmember Terrell seconded. All voted for. Councilmember Shetron moved to approve the prepared agenda. Councilmember Smart seconded and all voted for. COMMENTS FROM CITIZENS None UNFINISHED BUSINESS None NEW BUSINESS (A) MIKE MUNDY— DOMESTIC VIOLENCE Mayor Elumbaugh said Mr. Mundy had a conflict with tonight's meeting and has been rescheduled for the next meeting. (B) CONSIDER AN ORDINANCE TO ESTABLISH NEW FEE STRUCTURE FOR WORK RELATED WATER AND SEWER CHARGES Councilmember Shetron introduced an ordinance that would establish fees to be charged by the Batesville Water Utilities for work related water and sewer services. Councilmember Smart moved to read the ordinance by title only and Councilmember Krug seconded. The roll call count was 7 for and 0 against. The City Clerk read the ordinance by title only. After a brief discussion, Councilmember Terrell moved to suspend the rules and waive the second and third readings. Councilmember Shetron seconded and the roll call count was 7 for and 0 against. Councilmember Shetron moved to adopt the ordinance and Councilmember Terrell seconded. The roll call count was 7 for and 0 against. The ordinance was given #2007-10-1. (C) CONSIDER AN ORDINANCE TO CLARIFY PENALTIES FOR WATER AND SEWER DRAINAGE VIOLATIONS Councilmember Shetron introduced an ordinance that would amend Ordinance #717, regulating the use of sewers and drains, the discharge of waters and waste into the public sewer systems, and providing penalties for violation thereof. Councilmember Matthews moved to read the ordinance by title only. Councilmember Smart seconded and the roll call count was 7 for and 0 against. After a discussion, the council tabled to ordinance to make corrections and asked it to be placed on the agenda for the next meeting. (D) CONSIDER AN ORDINANCE TO ADOPT A 3 MONTH BUDGET FOR THE WATER UTILITIES Councilmember Smart introduced an ordinance that would adopt a 3 month budget for the Batesville Water Utilities for the months beginning October 1, 2007 and ending December 31, 2007. Councilmember Shetron moved to read the ordinance by title only. Councilmember Terrell seconded and the roll call count was 7 for and 0 against. The City Clerk read the ordinance by title only and Councilmember Terrell moved to suspend the rules and waive the second and third readings. Councilmember Shetron seconded and the roll call count was 7 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Smart seconded. The roll call count was 7 for and 0 against. The ordinance was given #2007-10-2. (E) REVIEW CITY FINANCIALS FOR THE MONTH ENDING SEPTEMBER, 2007 The council was given a copy of the City and Utilities financials for the month ending September 30, 2007. COMMENTS FROM THE MAYOR Mayor Elumbaugh said that the city was in the process of review all the leases with our tenants in the Municipal Building. When delivering a new lease to one tenant, he was asked if the city would pay for new carpeting for his leased space. The Mayor asked the council if that had been a practice in the past and the council said the city pays for upkeep and repairs in the common areas but not in the leases areas. Councilmember Carpenter said it really depends on what the lease states and that all of the leases need to be reviewed. Mayor Elumbaugh said he would gather the leases together and he and Mr. Carpenter could review them for any changes that need to be made. The Mayor asked the City's Engineer Mr. Damon Johnson to address the council regarding a recent Wastewater meeting. Mr. Johnson said they met last week with the consulting engineers from McWilliams, Goodwin and Yates regarding the Wastewater plant improvements. Mr. Johnson said it was a very good meeting and we should have a rough plan and cost for the improvements by mid November. LIAISON REPORTS None COMMENTS FROM COUNCILMEMBERS Councilmember Shetron asked to set a Sanitation budget meeting for Tuesday, October 30th at 5:15 PM. All agreed. Councilmember Shetron then said that he researched the minutes and noted that the City Attorney, Scott Stalker had not attended a council meeting since July 24th and has missed 12 meeting so far this year. He said it was his understanding that Mr. Stalker had moved outside the city limits and he asked the clerk if she had checked to see if he can live outside the city and remain our city attorney. The clerk said she had talked to a Municipal League attorney who said that removing the position of city attorney from ACA 14-42-201 does not supersede the Arkansas Constitution, Article 19, Section 3 that states to be a qualified elector you must reside within the city limits. After further discussion, the council asked the Mayor to get legal advice from the Municipal League on declaring a vacancy in the office of City Attorney. ADJOURNMENT There being no further business, Councilmember Krug moved that the meeting be adjourned. Councilmember Matthews seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK