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HomeMy WebLinkAbout2000-12-12 MINUTES OF COUNCIL DECEMBER 12, 2000 The Batesville City Council met in regular session on December 12, 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 members answered present: Dana Bone, Jim Cargill, R. L. Carpenter, Robert Ford, Gerald Gaither, David Insell, Jim Mitchum and Jerry Pectol. Also present were the City Clerk, Denise Johnston and the City Attorney, Scott Stalker. Councilmember Insell moved to approve the minutes from the November 28 and December 5 meetings. Councilmember Ford seconded and all voted for. Councilmember Ford moved to approve the prepared agenda and Councilmember Insell seconded. All voted for. PETITION BY BANK OF CAVE CITY TO CLOSE A PORTION OF PLATTED BUT UNOPENED STREETS IN WEST BATESVILLE (EVANS AN AGNES) Mr. John Gregg, representing the Bank of Cave City, addressed the council regarding the closing of two unopened streets in West Batesville. The streets are a portion of Evans and Agnes Streets. Mr. Gregg asked the council to set a public hearing at the first council meeting in January. Councilmember Cargill moved to set the hearing for the January 9, 2001. Councilmember Bone seconded and all voted for. WATER ORDINANCE (MITCHUM) Mayor Biard read for the second reading an ordinance that would establish a procedure for request for water service for customers living outside the city limits of Batesville. Councilmember Mitchum moved to suspend the rules and place the ordinance on the third reading. Councilmember Bone seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the final reading and Councilmember Bone moved to adopt and Councilmember Pectol. After advice from council that the ordinance may not be legal, the motions were rescinded until an opinion from the Municipal League is received. SEWER ORDINANCE (MITCHUM) The Mayor read an ordinance for the second reading that would establish a procedure for request for sanitary sewer service for customers living outside the city limits of Batesville. Councilmember Mitchum moved to suspend the rules and place the ordinance on the third and final reading. Councilmember Bone seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the third and final reading. The council decided to wait until an opinion from the Municipal League on the legality of the ordinance before making a final vote. THIRD READING OF UTILITY RATE ORDINANCE -WATER Mayor Biard read for the third and final reading an ordinance that would repeal ordinance No. 91-1-3 and fix new rates for the water to be furnished by the waterworks system of the City of Batesville. Councilmember Cargill moved to adopt the ordinance and Councilmember Bone seconded. The roll call count was 5 for (Insell, Mitchum, Bone, Cargill and Carpenter) and 3 against (Pectol, Ford and Gaither). The motion carried and the ordinance was given No. 2000- 12-1. THIRD READING OF UTILITY RATE ORDINANCE — SEWER Mayor Biard read for the final reading an ordinance that would amend ordinance No. 90- 12-1 with respect to the establishment of rates for sewer services. Councilmember Bone moved to adopt the ordinance and Councilmember Insell seconded. The roll call count was 4 for (Insell, Cargill, Carpenter and Bone), 3 against (Pectol, Ford and Gaither) and Councilmember Mitchum abstained. The motion carried and was given No. 2000-12-2. After the meeting, legal council said the ordinance needed 5 votes to carry therefore the ordinance did not pass. CONSIDERATION OF 2001 BUDGET The council was given a copy of the proposed budget. The budget presented showed $2,971.00 in revenue over expenditures for General Fund and a balanced budget for Street Fund. Mayor Biard explained that because of the expected bad weather, he may not be able to get his street paving completed this year. He asked the council to allow him to complete the paving in 2001 with the 2000 revenues and not take the expenditure out of the 2001 budgeted amount for street paving. The council agreed. The council instructed the City Clerk to transfer an additional $20,112.00 from General to Streets, cutting expenses from General Funds recycling and sanitation. Mayor Biard read the ordinance to adopt the 2001 budget. Councilmember Bone moved to suspend the rules and place the ordinance on the second reading. Councilmember Cargill seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the second reading. Councilmember Gaither moved to further suspend the rules and place the ordinance on the third reading. Councilmember Cargill seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the final reading and Councilmember Cargill moved to adopt the ordinance and Councilmember Gaither seconded. The roll call count was 8 for and 0 against. The ordinance was given No. 2000-12-3. MAYOR'S ANNOUNCEMENTS Mayor Biard said that because of the upcoming sale of the Gray's Hospital Building where dispatch is currently located, the department will have to move. Several sights have been considered but the Mayor said the best location would be to go back to the fire station building on 4t" Street. The location will need to be remodeled in order to accommodate dispatch. Monies from the CMRS fund will be used for the remodeling. Councilmember Gaither moved to cancel the last meeting in December for the holidays. Councilmember Pectol seconded and all voted for. PRESENTATION OF PLAQUE TO DAVID INSELL Mayor Biard presented a plaque of appreciation to Councilmember David Insell for his four years of service to the City. Mr. Insell is retiring for the council as of December 31, 2000. EMPLOYEE HANDBOOK The Council asked to wait to consider the new handbook at the first meeting in January. PAID BILLS REPORT The council was given a copy of the paid bills reports for the month ending November 30, 2000. There being no further business, Councilmember Mitchum moved that the meeting be adjourned. Councilmember Cargill seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK