HomeMy WebLinkAbout2003-10-28 MINUTES OF COUNCIL
OCTOBER 28, 2003
The Batesville City Council met in regular session on October 28, at 5:30 PM at the Municipal
Building. Mayor Joe Biard presided over the meeting. Councilmember Robert Ford gave the invocation.
Upon roll call the following Councilmembers answered present: Jim Cargill, R.L. Carpenter, Robert
Ford, Gerald Gaither, Jim Mitchum, Jerry Pectol, Paula Terrell and Jim Watkins. Also present were the
Deputy City Clerk Brenda Riley and the City Attorney Scott Stalker.
Councilmember Ford moved to approve the minutes from the last meeting. Councilmember
Gaither seconded and all voted for.
Councilmember Ford moved to approve the prepared agenda. Councilmember Cargill seconded
and all voted for.
DISCUSSION OF RECIPROCAL WATER CONTRACT WITH SOUTHSIDE WATER
Larry Tharnish and Mr. Jerry Post (Attorney for the Batesville Water Utilities) addressed the council in
regards to a proposed agreement between Batesville Water Utilities and Southside Water Association to
provide emergency water to each entity. Mr. Post told the council that this agreement would supercede
and replace the water purchase contract between the Batesville Water Utilities and the Southside Water
Association dated August 8, 1983. This agreement would be for a period of 10 years and may be renewed
annually upon the anniversary date unless one of the parties shall give written notice to the other 2 years
prior to the expiration of the term of this agreement, or any annual renewal thereof. Councilmember
Gaither made a motion to enter into the agreement and Councilmember Cargill seconded. All vote for.
SECOND READING OF CABLE TV FRANCHISE ORDINANCE AMENDING ORDINANCE 98-
1-3 GRANTING AN ADDITIONAL FIVE YEARS
Mayor Biard read for the second reading for a Cable TV Franchise ordinance amending ordinance 98-
1-3 granting Cox Communications an additional five-year extension to the existing cable TV franchise.
The additional five 5 years will extend until April 14, 2020. Councilmember Watkins made a motion to
dispense the third reading and Councilmember Gaither seconded. The roll call was 7 for and 1
(Carpenter) against. Councilmember Watkins made a motion to adopt the ordinance and Councilmember
Cargill seconded. The roll call was 7 for and 1 (Carpenter) against. Councilmember Ford made a motion
to adopt the emergency clause and Councilmember Watkins seconded. All voted for. The ordinance was
give 2003-10-3.
SECOND READING OF CABLE TV FRANCHISE ORDINANCE TO INCREASE THE
FRANSCHISE FEES IMPOSED UPON COX COMMUNICATIONS
The Mayor read for the second reading an ordinance that would increase the franchise fee imposed
upon Cox Communications to 3% effective January 1, 2004. Councilmember Watkins made a motion to
dispense with the rules for the third reading and Councilmember Cargill seconded. The roll call was 8 for
and 9 against. Councilmember Watkins made a motion to adopt the ordinance and Councilmember
Cargill seconded. The roll call was 8 for 0 against. The ordinance was given 2003-10-4.
THIRD READING OF ORDINANCE AMENDING THE BATESVILLE ZONING CODE IN
ORDER TO COMPLY WITH ACT 624 OF 2003 "MANUFACTURED HOUSING"
Mayor Biard read for the third reading an ordinance amending the Batesville zoning code in order to
comply with Act 624 of 2003 which would allow for manufactured housing for the third and final
reading. Councilmember Mitchum made a motion to table the ordinance for adoption until the next
meeting. Councilmember Gaither seconded. All voted for.
PROPOSED ORDINANCE RE-ZONING CERTAIN PROPERTY IN THE 14TH AND CASE
STREETS AREA
Councilmember Gaither introduced an ordinance that would re-zone property of Doug Hill, Buddy
Rowe, Ben Earls, Mickey Powell and Estelle Rucker from R-2 residential to C-1 commercial. The legal
land description is the Maxfield's western addition, Block 4, Lots 2, 3, 4, 5, 6, 7 and 8. Mayor Biard read
the ordinance in full and ask if the council would like any discussion. Councilmember Ford recognized
Mr. Arthur Montgomery from the audience. Mr. Montgomery addressed the council to voice his
opposition to the property being re-zoned. He told the council that he lives in that area and does not want
the property around him to be re-zoned. The ordinance will be placed on the agenda for the next council
meeting for the second reading.
HEATING AND COOLING BIDS FOR MUNICIPAL BUILDING
The Mayor informed the council that bids for a new heating and cooling system for the municipal
building were opened on October 23, 2003. The apparent low bid was Cushman Electric with a bid of
$126,540.00. Arkansas Mechanical turned in a bid of$130,579.00. Included in their bid were the spec
fees of approximately $9,000.00. If the city accepts Arkansas Mechanicals bid, the spec fees are absorbed
in their bid, however, if they don't accept the bid the City will have to pay for the spec fees. Therefore by
accepting the bid from Arkansas Mechanical, the City will save approximately $5,000.00.
Councilmember Cargill made a motion to accept Arkansas Mechanical's bid and Councilmember Watkins
seconded. The roll call was 6 for and 2 (Pectol and Gaither) against.
EXECUTIVE SESSION
Councilmember Mitchum made a motion to go into executive session to consider an appointment to
the Airport Commission Councilmember Cargill seconded and all vote for. Upon returning from
executive session Councilmember Watkins made a motion to re-appoint Ms. Sue Rider for another 5-year
term to the Airport Commission Councilmember Cargill seconded and all voted for. Her term will run
from November 9, 2003 —Nov. 9, 2008.
MAYOR ANNOUNCEMENTS
Mayor Biard informed the council that the highway opening for the new 4 lanes on 167 South will be
November 12, 2003 at 11:30 a.m. The Municipal League conference will be held November 16-18, 2003
in Hot Springs. The Arkansas coalition for a tobacco free Arkansas will be hosting a Clean Indoor Air
conference on November 14, 2003 in Blytheville.
FINANCIAL STATEMENT
The Council was given a copy of the financial statement for the month ending September 2003.
SHERIFF REPORT
Sheriff Keith Bowers gave the council a monthly report for the Sheriff office.
CEMETERY RESOULTION
The council considered a cemetery resolution for Mark Brightwell in the amount of$600.00.
Councilmember Mitchum made a motion to approve the resolution and Councilmember Watkins
seconded and all voted for. The resolution was given 2003-310-1.
COUNCIL COMMENTS
Councilmember Watkins ask to make a statement in regards to the Lockhouse restaurant. Mr. Watkins
told the council that he wanted to express his opposition to serving alcohol at the Lockhouse restaurant.
Councilmember Ford also made a statement against serving alcohol at the Lockhouse. Mr. Ford made a
motion to take a vote on weather to accept the new lease agreement or not. Councilmember Gaither
seconded but withdrew the second upon the advise of the City Attorney Scott Stalker. The motion failed
for the lack of a second. Mr. Stalker advised the Council that they should not interfere with the lease of
the Lockhouse Restaurant. Mr. Stalker gave the council a copy of a letter he wrote to Attorney Jay Shell.
The letter was in response to a letter that Mr. Shell sent to the council. Mayor Biard then recognized Mr.
Shell in the audience and gave him the opportunity to make a brief statement in the opposition to the
selling of alcohol at the Lockhouse.
There being no further business Councilmember Cargill made a motion to adjourn Councilmember
Carpenter seconded and all vote for.
JOE M. BIARD, MAYOR BRENDA RILEY
DEPUTY CLERK