HomeMy WebLinkAbout2003-01-14 MINUTES OF COUNCIL
JANUARY 14, 2003
The Batesville City Council met in regular session on January 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, Jerry Pectol, Paula Terrell and Jim
Watkins. Also present were the City Clerk Denise Johnston and the City Attorney Scott Stalker.
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 Terrell seconded and all voted for.
CONSIDER AN ORDINANCE TO EXEMPT CERTAIN ITEMS FROM COMPETITIVE
BIDDING.
Councilmember Cargill introduced and Mayor Biard read an ordinance that would waive
the requirements of competitive bidding during the calendar year of 2003 on the purchases of
used equipment, motor fuel, SB-2, hot mix asphalt, cold mix asphalt, property insurance and
employee health insurance. Councilmember Watkins moved to suspend the rules for the second
and third readings and Councilmember Cargill seconded and the roll call was 8 for and 0 against.
Councilmember Gaither moved to adopt the ordinance and Councilmember Watkins seconded.
The roll call count was 7 for and 1 (Carpenter) against. The ordinance was given 42003-1-1.
Councilmember Cargill moved to adopt the emergency clause and Councilmember Watkins
seconded. All voted for.
DWAIN MILLIKIN WITH COX COMMUNICATIONS
Mr. Dwain Millikin with Cox Communications addressed the council regarding the
possibility of raising the cable franchise fee. Currently the cable company pays $1.00 per
customer per year to the City and they absorbed the cost instead of passing it along to the
customer. The City receives approximately $3,200.00 per year. If the city imposes a 4.25%
franchise fee to the cable company, which is the amount that Entergy, Southwestern Bell and
Reliant Energy pays, it would generate approximately $73,000.00 per years. Mr. Millikin said
they are against raising the franchise fee and would be forced to pass the tax along to the
customer. He said that the difference in his company and the other utilities is that cable TV is
not a necessity and the other utilities are. He also noted that they have competition with the dish
satellite companies that don't have to pay a franchise. No decision was made.
MAYOR'S ANNOUNCEMENTS
Mayor Biard told the council, as per their request,received an appraisal on the Old Water
Plant Property located on lower River Street. He said he talked to surrounding landowners to see
is anyone as interested in purchasing the property. He said White River Petroleum Co. was
interested. He said he also spoke to the Sims family and asked them to contact him by 5:00 PM
today if they were interested. He said they did not contact him so he had to assume they were
not interested. The council agreed to give the Mayor authority to sell the property to White
River Petroleum Co.
Mayor Biard said that the City will receive monies from FEMA to help defer the
expenses that the City has been out due to the ice storm on December 3 and 4. The Mayor said
the City could receive around $80,000 as soon as April or May of this year.
The Mayor asked the council if they were still interested in a sign ordinance for the City.
He said the Planning Commission worked on an ordinance to present to the council but never did
present it. Councilmember Ford moved to ask the Planning Commission for a proposed
ordinance and Councilmember Terrell seconded. All voted for except Councilmember Gaither.
Mayor Biard said the council was invited to a joint meeting with the Quorum Court on
January 30th at 6:00 PM at Judge David Wyatt's farmhouse. Mayor Biard said the meeting was
important and encouraged all the council to attend.
NOISE ORDINANCE
City Attorney Scott Stalker gave the council a copy of a 56-page sample noise ordinance.
He said it was a starting place for them to discuss at a later meeting.
CONSIDER THE 2003 BUDGET
The council discussed the proposed 2003 budget. Councilmember Watkins introduced
the budget ordinance. Mayor Biard read the ordinance in full and Councilmember Cargill moved
to suspend the rules for the 2nd and 3rd readings and Councilmember Watkins seconded. The roll
call count was 8 for and 0 against. Councilmember Watkins moved to adopt the ordinance and
Councilmember Cargill seconded. The roll call count was 8 for and 0 against. The ordinance
was given 42003-1-2.
CEMETERY RESOLUTION
The council considered a cemetery resolution for Robert D. Stroud and Mary Stroud
Vandiver, Certificate 42003-14-1 for $300.00. Councilmember Watkins moved to accept the
resolution and Councilmember Cargill seconded. All voted for.
There being no further business, Councilmember Watkins moved that the meeting be
adjourned. Councilmember Mitchum seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK