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HomeMy WebLinkAbout2017-07-11 MINUTES OF COUNCIL JULY 11, 2017 The Batesville City Council met in regular session on July 11th at 5:30 pm at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Utility Billing Supervisor Nick Baxter gave the invocation. Upon roll call, the following Councilmembers answered present; Chris Beller, Tommy Bryant, Sonya Crafton, Margaret Henley, Paige Hubbard, Doug Matthews, Chris Poole and David Shetron. City Clerk Denise Johnston was also present. City Attorney Tim Meitzen was absent. Councilmember Bryant moved to approve the minutes from the previous meeting. Councilmember Hubbard seconded and all voted for. Councilmember Beller moved to approve the prepared agenda as amended. Councilmember Bryant seconded and all voted for. CITIZENS COMMENTS None UNFINISHED BUSINESS A) SECOND READING OF AN ORDINANCE VACATING AND ABANDONING PART OF BROAD STREET BETWEEN 15TH AND SIDNEY STREETS Being considered for its second reading is an ordinance to vacate and abandon a part of Broad Street between 15th and Sidney Streets for White River Medical Center to expand their facilities. Councilmember Bryant moved to suspend the rules and read the ordinance by title only. Councilmember Shetron seconded and the electronic roll call count was 8 for and 0 against. Ms. Johnston read the ordinance by title only. Mr. Gary Bebow, Administrator and CEO of White River Health Services again addressed the council and reiterated the need for the hospital to expand and that time was of the essence. He said a new orthopedic surgeon will be joining their staff next year and it will take a good amount of time to get and approve construction plans before they can even start the project. Councilmember Bryant then moved to further suspend the rules and waive the third reading. Councilmember Shetron seconded and the electronic roll call count was 7 for and 1 (Poole) abstained. Councilmember Bryant then moved to adopt the ordinance and Councilmember Beller seconded. The electronic roll call count was 7 for and 1 (Poole) abstained. The motion carried and the ordinance was given #2017-07- 01. The City Clerk read the emergency clause and Councilmember Beller moved for its adoption. Councilmember Bryant seconded and the electronic roll call count was 7 for and 1 (Poole) abstained. NEW BUSINESS A) PUBLIC HEARING TO CONSIDER THE CONDEMNATION OF PROPERTIES LOCATED AT 65 AND 79 EQUITY COURT Mayor Elumbaugh opened the meeting for a public hearing at 5:37 PM for anyone who wanted to address the council regarding the possible condemnation of properties located at 65 and 79 Equity Court. Mr. Erin Hargan, co-owner of Blu Sky Construction who was doing the construction on the two properties, addressed the council. Mr. Hargan said the properties are approximately 70 to 85% completed and he is currently working with a bank and real estate company to sell the properties as is. He said the bank is going to sell the properties for the amount they have invested, therefore, someone should get a great bargain on these properties. He said there are no current liens or pending litigations against the properties. The council asked about the poor conditions of the road in front of both properties. Mr. Hargan said the two locations have different issues. He said the issues in front of 79 Equity, in the cul-de-sac, was caused by his equipment and he agreed that he should be responsible for repairing that issue. However, he said, the damage in front of 65 Equity Court was not caused by his construction. Mr. Hargan said Suddenlink did a bore under the street and in doing so cut a water line. The water line leaked for several weeks, causing the ground to get saturated, therefore causing the road to collapse. He said he notified the utilities department about the leak but they told him the leak was on his side of the meter which in the end was not correct. Mr. Hargan said he didn't feel he was responsible for the condition of the road and should not be required to repair it. Mr. Ben Ryan addressed the council. Mr. Ryan lives at 75 Equity Court between the two properties. He pleaded with the council to do whatever it takes to have the properties cleaned up and the road repaired. The Mayor closed the public hearing at 6:00 PM. The council, during their discussions, said they do not want to tear down the two almost completed houses but have the authority to do so. They said if they go ahead and condemn the properties, the owner still has 30 days to tear down the structures or other abate the nuisances. They assured Mr. Hargan that they have the authority to grant him additional time if they can see that significant work has been done on the properties. B) CONSIDER TWO RESOLUTIONS CONDEMNING PROPERTIES LOCATED AT 65 AND 79 EQUITY COURT Councilmember Shetron introduced a resolution to condemn property located at 65 Equity Court. Councilmember Bryant moved to read the resolution by title only. Councilmember Matthews seconded and the electronic roll call count was 8 for and 0 against. Ms. Johnston read the resolution by title only. Councilmember Shetron moved to adopt the resolution and Councilmember Henley seconded. The electronic roll call count was 8 for and 0 against. The resolution was given #2017-07-01-R. Councilmember Beller introduced a resolution to condemn property located at 79 Equity Court. Councilmember Bryant moved to read the resolution by title only. Councilmember Shetron seconded and the electronic roll call count was 8 for and 0 against. Ms. Johnston read the resolution by title only. Councilmember Shetron moved to adopt the resolution and Councilmember Henley seconded. The electronic roll call count was 8 for and 0 against. The resolution was given #2017-07-02-R. C) POLICE DEPARTMENT REPORT Police Chief Alan Cockrill addressed the council with his monthly report. The June, 2017 report showed 43 accidents, 79 incidents, 25 misdemeanor arrests and 11 felony arrests. The Chief asked for the approval of City Employee and Police Reserve Officer Tim Conyers to drive his city issued vehicle home on the weekends. Mr. Conyers has volunteered to work (patrol) at the Community Center on Saturdays and Sundays. The Chief said since Mr. Conyers is volunteering, with no pay, to do the patrol, he would like the city to furnish him a car so he will not be out any expenses of his own. Councilmember Bryant moved for Mr. Conyers to drive his city issued vehicle home on the weekends and Councilmember Henley seconded. All voted for. Because Mr. Conyers will be using his vehicle as a police vehicle, he will not be charge for the usage. D) ENGINEER'S REPORT City Engineer Damon Johnson addressed the council for his monthly report. Mr. Johnson said it is "business as usual". The plants are running smooth and the street and sanitation departments are knee deep in leaves and brush. Mr. Johnson said WWTP Supervisor Eugene Townsley is training Michael McDaniel the operations of the plant and in doing so, Mr. McDonald is having to make trips to the plant over the weekends and after hours. Mr. Johnson asked for permission for Mr. McDaniel to drive a city issued home daily. Councilmember Beller so moved. Councilmember Bryant seconded and all voted for. Mr. McDaniel will be charged on his W-2 for the use of his city vehicle E) CONSIDER A RESOLUTION TO SEEK A 50/50 GRANT FROM ARKANSAS DEPARTMENT OF PARKS AND TOURISM'S RECREATION GRANT PROGRAM Mr. Danny Dozier addressed the council with an update on the Maxfield Park on North Central Avenue. Mr. Dozier said he has been working on the Maxfield Park project for 3 years and is very proud how it is turning out. The park has several unique features and still to come is a Gateway entrance way, large deck and playground equipment. The resolution before the council is a duplicate of the one adopted at the last meeting with the addition of Maxfield Park. Councilmember Beller introduced the resolution. Councilmember Matthews moved to read the resolution by title only. Councilmember Bryant seconded and the electronic roll call count was 8 for and 0 against. Ms. Johnston read the resolution by title only. Councilmember Bryant moved to adopt the resolution and Councilmember Beller seconded. The electronic roll call count was 8 for and 0 against. The resolution was given #2017-07-03-R. F) CONSIDER A RESOLUTION TO UTILIZE STATE AID STREET MONIES FOR A PROJECT ON MYERS STREET Councilmember Beller introduced a resolution to utilize State Aid Street monies for a project on Myers Street. Councilmember Matthews moved to suspend the rules and read the resolution by title only. Ms. Johnston read the resolution by title only. Councilmember Bryant moved to adopt the resolution and Councilmember Beller seconded. The electronic roll call vote is 8 for and 0 against. G) REVIEW JUNE PAID BILLS The council was given a copy of the June, 2017 paid bills report for review. MAYOR COMMENTS Mayor Elumbaugh said the only comment he had was to ask our citizens to be patient with the City regarding the picking up of leaves and brush. During this time of year we have several employees on vacation and it is very tough to stay caught up. The Mayor also asked for everyone to remember the Stephen "Kegal" Smart family on the recent passing of his wife Susie. LIAISON REPORT None COUNCIL COMMENTS Councilmember Matthews asked if Code Enforcement could check on the status of the old Batesville Country Club. He said the property is dire need to be bush hogged and there are large animals living on the property that could hurt children and other animals. He said he is also concerned about the swimming pool being open and accessible. He asked if we could possibly have the pool filled in with dirt to keep someone from getting hurt or possibly downing. Dr. Matthews also told the council of the upcoming solar eclipse on August 21St. He said in Batesville the eclipse will be about 95% complete. He reminded everyone not to look directly at the eclipse which can cause severe eye problems, even blindness. Dr. Matthews said he was concerned on the number of children, since school will be in session, will try to look at the eclipse. He said there are special glasses you can purchase to protect you eyes while viewing the eclipse for about $1.00 on the internet. Councilmember Beller said he would donate $50.00 for the purchase of glasses for the schools and would match any other donations for the same cause. Dr. Matthews said he would also donate $50.00. ADJOURNMENT There being no more business, Councilmember Beller moved that the meeting be adjourned. Councilmember Bryant seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK