HomeMy WebLinkAbout2003-10-14 MINUTES OF COUNCIL
OCTOBER 14, 2003
The Batesville City Council met in regular session on October 14, at 5:30 PM at
the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember
Ford gave the invocation. Upon roll call the following Councilmembers answered
present: Jim Cargill, R.L. Carpenter, Robert Ford, Gerald Gaither, Jim Mitchum, and Jim
Watkins. Also present were the City Clerk Denise Johnston and the City Attorney Scott
Stalker. Councilmembers Paula Terrell and Jerry Pectol were absent.
Councilmember Ford moved to approve the minutes from the last meeting.
Councilmember Cargill seconded and all voted for.
Councilmember Ford moved to approve the prepared agenda as amended.
Councilmember Cargill seconded and all voted for.
CONSIDER A RESOLUTION BY WATER UTILITIES DEPARTMENT TO
CONVEY A CERTAIN PIECE OF PROPERTY TO THE ORIGINAL OWNER
Mr. Larry Tharnish, Manager of the Batesville Water Utility, addressed the
council with a resolution that would return to the grantors of certain parcels since the
need of public use has ended. The property originally belonged to Lyon College,
predecessor in interest to the Eagle Mountain Properties L.L.C. Mayor Biard read the
resolution and noted that the legal description is included in the resolution.
Councilmember Ford moved to adopt the resolution and Councilmember Cargill
seconded. All voted for. The resolutions was given 42003-10-1-R.
CONSIDER AN ORDINANCE TO ESTABLISH A PUBLIC FACILITIES BOARD
Councilmember Gaither introduced an ordinance that would create a Public
Facilities Board in the City of Batesville. Ms. Jane Dickey with the Rose Law Firm was
present to answer questions from the council. A Public Facility Board will be a tool for
public financing. Independence County has had on for around 15 years. The board will
be made up of 5 members appointed by the Mayor serving 5 year staggering terms.
Mayor Biard read the ordinance and Councilmember Watkins moved to dispense of the
second and third readings and Councilmember Carpenter seconded. The roll call count
was 6 for and 0 against. Councilmember Watkins moved to adopt the ordinance and
Councilmember Carpenter seconded. The roll call count was 6 for and 0 against. The
ordinance was given 42003-10-1. Councilmember Carpenter moved to adopt the
emergency clause and Councilmember Cargill seconded. All voted for.
INFORMATION REGARDING THE LOCKHOUSE RESTAURANT
Mayor Biard addressed the crowd of people that gathered in regards to the
Lockhouse Restaurant and explained that the council did not need to act on the
transferring of the lease agreement as long as it remained a restaurant. He said the issue
pertaining to a beer and wine permit was between the leaseholder and the Alcohol and
Beverage Control Board. City Attorney Scott Stalker confirmed what the Mayor said.
SECOND READING FOR MANUFACTURED HOUSING ORDINANCE
Mayor Biard read for the second reading the ordinance that would provide
affordable housing within the city limits of Batesville in compliance with Act 624 of
2003. After a brief discussion, the Mayor said the ordinance will be placed on the final
reading at the next meeting.
CONSIDER REVISING THE FRANCHISE FEE FOR COX
COMMUNICATIONS CABLE TV
Mayor Biard told the council that he thought that an agreement had been worked
out between the City and Cox Communications that was good for both entities. In a brief
explanation, the Mayor said that Cox will agree to the 3% franchise fee starting January
1, 2004 for a 5-year additional extension of the franchise. In addition, anytime after
January 1, 2004, with a 30-day notice, the council can raise the fee to the 5% maximum
allowed. Councilmember Watkins introduced an ordinance that would amend ordinance
498-1-3 to grant an additional 5 years to the franchise, commences April 14, 2000 and
ending on April 14, 2020. Mayor Biard read the ordinance in full and Councilmember
Watkins moved to dispense of the second are third reading and Councilmember Cargill
seconded. The roll call count was 5 for and 1 (Carpenter) against. The motion failed.
The ordinance will be put on the next meeting's agenda for the second reading.
Councilmember Mitchum then introduced an ordinance that would increase the franchise
fee to 3% and repeal ordinance 42003-2-1. The Mayor read the ordinance in full and said
that it was also be on the next meeting's agenda for the second reading.
CONSIDER AN ORDINANCE AUTHORIZING THE FINANCING OF CERTAIN
EQUIPMENT FOR THE FIRE DEPARTMENT
Councilmember Gaither introduced an ordinance that would authorize the
financing of a Fire Department service truck with White River Planning and
Development District, Inc. Mayor Biard read the ordinance in full and Councilmember
Watkins moved to dispense of the second and third reading and Councilmember Cargill
seconded. The roll call count was 6 for and 0 against. Councilmember Watkins moved
to adopt the ordinance and Councilmember Cargill seconded and the roll call count was 6
for and 0 against. The ordinance was given 42003-10-2.
LEVI OF TAXES FOR 2004
The council considered the levy of taxes for 2004. The current levy is 1.8 mills
for City General and .4 mills for City Firemen's Pension. The council discussed the fact
the City's millage has not increase in over 20 years and that a city has the authority to
raise the millage to 5 mills without a vote of the people. Councilmember Cargill moved
to increase the City General mills to 3.0 and leave the City Firemen's Pension mills at .4.
Councilmember Carpenter seconded and the roll call count was 5 for and 1 (Ford)
against.
MAYOR ANNOUNCEMENTS
Mayor Biard said he needed council's approval for two out of state travels for city
employees. First, Marty Thompson and Johnny Coles need to attend a training workshop
for stoplights December 2nd & 3rd in Decatur, AL. The total estimated cost including
travel, lodging, workshop fee and food will be $1,300.00. Councilmember Carpenter
moved to approval the travel and Councilmember Cargill seconded. All voted for.
The second request is for Animal Control Officer Jeff Pender to attend the
National Animal Control Association Training Academy on December 8-12 in Kansas
City, MO. The total estimated cost is $1,115.00. Councilmember Carpenter moved to
approval the travel and Councilmember Watkins seconded. All voted for.
Councilmember Watkins moved to place a two way stop at the intersection of
Aberdeen and Lomond Streets with the stop signs being placed on Lomond.
Councilmember Cargill seconded and all voted for.
Mayor Baird told the council that Christmas falls of Thursday this year and the
county employees and Chamber of Commerce employees were getting an extra holiday
(Friday) for this year. Councilmember Carpenter moved to give the City employees
Friday December 26' off as a paid holiday. Councilmember Watkins seconded and all
voted for.
Mayor Biard asked the council to change the first meeting in December from the
9th to the 16th and cancel the last meeting because of the holidays as has been done for
many years past. Councilmember Watkins so moved and Councilmember Cargill
seconded. All voted for.
EXECUTIVE SESSION
Councilmember Mitchum moved to go into executive session. Councilmember
Gaither seconded and all voted for.
Upon returning from executive session, Mayor Biard said that Airport
Commissioner Dr. Doug Bernard had to resign because he was moving from Batesville.
Councilmember Watkins moved to appoint Charles Ed Mabry III to complete the term.
Councilmember Gaither seconded and all voted for. The term will expire 11-09-07.
CEMETERY RESOLUTION
The council was asked to approve two cemetery resolutions. Jimmie Anne
Mitchum, resolution 42003-287-1 for $200.00, and Laverne O'Donnell, resolution
42003-287-2 for $600.00. Councilmember Mitchum moved to accept the resolutions and
Councilmember Cargill seconded. All voted for.
There being no further business, Councilmember Watkins moved that the meeting
be adjourned. Councilmember Cargill seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK