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