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HomeMy WebLinkAbout2006-03-28 MINUTES OF COUNCIL MARCH 28, 2006 The Batesville City Council met in regular session on March 28, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Matthews gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Dana Mynatt, Stephen Smart and Paula Terrell. Also present were the City Clerk and the City Attorney. Councilmember Cooke and Pectol were absent. COMMENTS FROM CITIZENS Mayor Biard opened the floor for comments from citizens. There being none, the floor was closed. ROUTINE BUSINESS Councilmember Mynatt moved to approve the minutes from the previous meeting and Councilmember Krug seconded. All voted for. UNFINISHED BUSINESS *CONSIDER AN ORDINANCE MAKING ONE BLOCK OF COLLEGE STREET FROM CENTRAL TO STATE TWO-WAY Mayor Biard told the council that the city changed Main and College Streets to one-way streets through the TOPIC Program and he was waiting on authorization from the Highway Department before proceeding with the request to change one block of College Street to two-way. The Mayor said he should have an answer by the next meeting. The Mayor said in relation to the above request, he had at one time been asked to get approval from the Highway Department to remove the traffic light at College and Central. He asked if the council wanted him to again pursue to have the traffic signal removed. Councilmember Terrell moved that the Mayor petition the Highway Department to have the traffic signal on College and Central removed. Councilmember Mynatt seconded and all vote for. *THIRD READING OF THE TWO UTILITY RATE ORDINANCES Councilmember Matthews moved to table the utility rate ordinances until the next meeting so all the council can vote on the issue. Councilmember Carpenter seconded and all voted for. NEW BUSINESS *ARKANSAS CHILDREN'S WEEK Ms. Debbie Webb with White River Planning and Development addressed the council and explained Arkansas Children's Week. Mayor Biard presented Ms. Webb with a proclamation recognizing the event. *CONSIDER AN ORDINANCE THAT WOULD ESTABLISH SMOKE- FREE PARKS AND RECREATION AREAS ON ALL OWNED AND LEASED CITY PROPERTY Councilmember Mynatt introduced an ordinance that would prohibit the use of tobacco products on all Parks and Recreational facilities owned or leased by the City of Batesville. The Mayor read the ordinance in full. The Council discussed the ordinance and Councilmember Mynatt moved to suspend the second and third readings and Councilmember Krug seconded. The roll call count was three for (Krug, Matthews and Mynatt) and three against (Smart, Terrell and Carpenter). The motion failed. The ordinance will be placed on the next meeting's agenda for the second reading. *EXECUTIVE SESSION Councilmember Matthews moved to go into executive session. Councilmember Smart seconded and all voted for. Upon returning from executive session, Mayor Biard said he had received a letter from Airport Commissioner Sue Rider stating that because of her busy schedule she was resigning from the Airport Commission. Accepting Ms. Rider's resignation, Councilmember Matthews moved to appoint Mr. Kirk Warden to fill Ms. Rider's term. Councilmember Carpenter seconded and all voted for. Mr. Warden's term will end November 8, 2008. *CEMETERY RESOLUTION The council considered three cemetery resolutions. Henritta Platt, #2006- 87-1, for $100.00, Mary Ann Sneed, #2006-87-2, for$400.00, and Celinda Buie, #2006-87-3, for $400.00. Councilmember Carpenter moved to accept the resolutions and Councilmember Terrell seconded. All voted for. *DISCUSSION WITH CARRIER CONCERNING HEATING AND COOLING Mr. Phillip Hodges with Carrier Corporation addressed the council as requested by the Mayor. Mr. Hodges assured the council that the heating and cooling units are, at the present time, running properly. Mr. Jeff Everetts with Background Information Systems rents space on the third floor. Mr. Everetts said he has in the past had to send employees home because of the heat in their offices and he has expensive computer equipment that could be damaged in extreme heat. Mr. Everetts asked the council to compensate him on his next months rent for the conditions they have had to work under. Mr. Everetts said the system seems to have been running good for the past couple of weeks. Mr. Hodges said they have the system running 24/7 instead of shutting down at night and week-ends in order to keep the offices of BIS cooled. Councilmember Mynatt asked Mr. Everetts how much compensation he was asking for and he said he didn't have a specific amount in mind. Councilmember Terrell reminded Mr. Everetts that the city leased him additional space at a reduced rate and said she didn't feel like the city should pay any compensation. Councilmember Krug moved not to compensate Mr. Everetts and Councilmember Carpenter seconded. All voted for. Mr. Hodges said they do have a wall cooling unit that installs on an inside wall instead of a window that would help cool the computer room for BIS. Councilmember Carpenter suggested to Mr. Everetts that he check into investing in such a unit. *CONSIDER AN ORDINANCE THAT WOULD REGULATE SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY OF BATESVILLE Councilmember Mynatt introduced an ordinance that would regulate sexually oriented businesses within the City of Batesville. Because the council has had the ordinance for two weeks and they have read it thoroughly, Councilmember Mynatt moved that the first reading be by title only. Councilmember Krug seconded and the roll call count was 6 for and 0 against. The Mayor read the ordinance by title only and Councilmember Smart moved to suspend the second and third readings. Councilmember Mynatt seconded and the roll call count was 6 for and 0 against. Councilmember Smart moved to adopt the ordinance and Councilmember Mynatt seconded. The roll call count was 6 for and 0 against. The ordinance was given #2006-3-3. Councilmember Carpenter moved to adopt the emergency clause and Councilmember Krug seconded. All voted for. COMMENTS FROM COUNCILMEMBERS Councilmember Smart said he attended the Interlocal Meeting and the GPS systems are now installed in all the law enforcement vehicles and is working nicely. Councilmember Matthews asked to schedule the next budget meeting. The council decided on April 18th at 5:15 PM. Councilmember Mynatt said the City does not quality for the fire grants she was looking into for a new fire truck but she is now looking at other sources for funding. COMMENTS FROM THE MAYOR The Mayor showed the council pictures of cars parked along 3rd street next to the Citizens Bank. He said he as received complaints that when cars are parked near the intersection at Boswell Street, it is hard to make the turn from Boswell onto 3rd Street. Councilmember Terrell moved to place "No Parking" signs between the two telephone poles on 3rd Street between College and Boswell Streets. Councilmember Carpenter seconded and all voted for. The council was notified of two transfers of fixed assets; a 1998 Dodge Pickup going from Sanitation to Streets and a Bad Boy mower going from Streets to Cemetery. The City Clerk told the council that Mr. Marty Thompson and Mr. Dwayne Millikin, member of the Independence County Recycling Education Committee, approached her asking for a donation from the City to help detour the County's expenses in the disposing of Hazardous Household Waste. April 22nd, the County will allow hazardous waste such as paint, oil, computers, batteries and Florissant bulbs to be picked up for recycling. The expected cost for disposal is $8,000.00. The County has a $1,600.00 grant and is trying to raise the additional cost. The Clerk said the city will be receiving $2,167.00 from the overpayment of unemployment tax and could use that money if they see fit. Councilmember Mynatt voiced concerns about the request. Councilmember Terrell moved to give the $2,167.00 to the County as per the request and Councilmember Carpenter seconded. All voted for except Mynatt and Krug. The motion passed. FINANCIAL STATEMENT The council was given a copy of the February 28, 2006 financial statement. There being no further business, Councilmember Krug moved that the meeting be adjourned. Councilmember Terrell seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK