HomeMy WebLinkAbout2018-07-17 MINUTES OF COUNCIL
JULY 17, 2018
The Batesville City Council met in regular session on July 17th, 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; Tommy Bryant, Margaret Henley, Julie Hinkle,
Paige Hubbard, Doug Matthews, Chris Poole and David Shetron. Also present were the
City Clerk Denise Johnston and City Attorney Tim Meitzen. Councilmember Chris
Beller was absent.
Councilmember Bryant moved to approve the minutes from the previous two
meetings. Councilmember Hubbard seconded and all voted for.
Councilmember Bryant moved to approve the prepared agenda. Councilmember
Henley seconded and all voted for.
CITIZENS COMMENTS
None
UNFINISHED BUSINESS
A) SECOND READING OF AN ORDINANCE TO REFER TO THE VOTERS
WHETHER TO CHANGE TERMS OF THE CITY COUNCILMEMBERS
Mayor Elumbaugh said the ordinance before the council will be for the second
reading. Councilmember Bryant moved to read the ordinance by title only.
Councilmember Henley seconded and the electronic vote was 7 for and 0
against. Mr. Meitzen read the ordinance by title only. Mayor Elumbaugh said the
ordinance will be on the next meeting's agenda for the third and final reading.
NEW BUSINESS
A) POLICE DEPARTMENT REPORT
Police Chief Alan Cockrill addressed the council with his department's monthly
report. His report for June, 2018 showed; 40 accidents, 76 incident reports, 12
felony arrests and 24 misdemeanor arrests. Chief Cockrill said he will be short a
couple of offices in August as they are at the police academy for training.
B) ENGINEER'S REPORT
City Engineer Damon Johnson addressed the council. Mr. Johnson said he
wanted to inform the public on a couple of issues. First, both the Street and
Sanitation departments are short on employees. He said the lack of employees
has put a huge strain on the departments, primarily on the removal of brush,
leaves and junk, and he asked the public to be patient while they try to get
caught up. Secondly, Mr. Johnson said we almost have all the new trash
containers distributed to the residents in Batesville. He said he wants the
residents to know that the container belongs to the city and are registered to the
address, therefore, if you move do not take the container with you. An additional
container can be delivered for an additional $7.00 plus tax per month. Again he
asked the citizens to be patient as the city gets the cans delivered and all the
issues worked out. Mr. Johnson said all other city departments are running as
normal.
C) RECOGNIZE MRS. BRENDA WOOD UPON HER RETIREMENT
Mayor Elumbaugh presented Mrs. Brenda Wood with a plaque and a life time
membership to the Batesville Community Center and Aquatics facility. Mrs.
Wood will be retiring July 31St after almost 39 years with the Batesville Water
Utilities.
D) PUBLIC HEARING TO CONSIDER THE CONDEMNATION OF TWO
PROPERTIES LOCATED AT 949 STATE AND 129 ORIOLE STREETS
Code Enforcement Officer Chad McClure addressed the council regarding the
condemnation of two properties. Mr. McClure said the first property is located at
949 N. State Street. He said the property has been turned over to the State for
back taxes, the windows are boarded up, has extensive fire damage, no utilities
and someone is living in the house. Fire Chief Brent Gleghorn said his
department has responded to 4 fires in the last 5 years. City Engineer Damon
Johnson said the property has not had utilities since 2011. Mayor Elumbaugh
opened for floor for public comments. Ms. Jennifer Reves, owner of the property,
addressed the council and said her ex-fiance is living in the house and she
cannot get him out. Mr. McClure explained to Ms. Reves that if the council elects
to condemn the property, she will have 30 days to make significant
improvements to the property in order to make it livable.
The second property to discuss is located 129 Oriole. Mr. McClure said the
reason for condemnation is due to a structure fire at the property. No one from
the audience spoke in regards to the property at 129 Oriole. The public hearing
was closed.
E) CONSIDER TWO RESOLUTIONS TO CONDEMN PROPERTIES AT 949 STATE
AND 129 ORIOLE STREETS
Councilmember Shetron introduced a resolution to condemn a structure located
at 949 State Street. Councilmember Bryant moved to read the resolution by title
only. Councilmember Hinkle seconded and the electronic vote was 7 for and 0
against. Mr. Meitzen read the resolution by title only. Councilmember Bryant
moved to adopt the resolution and Councilmember Shetron seconded. The
electronic vote was 7 for and 0 against. The resolution was given #2018-07-01-
R.
Councilmember Bryant moved to introduce a resolution to condemn a structure
located at 129 Oriole Street. Councilmember Bryant moved to suspend the rules
and read the resolution by title only. Councilmember Shetron seconded and the
electronic vote was 7 for and 0 against. Mr. Meitzen read the resolution by title
only. Councilmember Bryant moved to adopt the resolution and Councilmember
Shetron seconded. The electronic vote was 7 for and 0 against. The resolution
was given #2018-07-02-R.
F) UPDATE FROM RETIRED FIREFIGHTERS REGARDING FIRE PENSION
RETIREMENT PLAN
Retired firefighters Bob Davis and Larry Guenzel along with fire pension
retirement plan advisor Erin Eason address the council to discuss the current
situation of the firemen's pension plan. Again the option of increasing the fire
millage from .4 to 1.0 mills was discussed. The council has been advised by the
legal team of the Arkansas Municipal League that an election must be held to
allow the citizens of Batesville to vote to increase the fire millage to 1.0. The
council can pass an ordinance to place the issue on the general election in
November or the pensioners can collect signatures from our citizens to get it on
the ballot. It was mentioned that in the future, the increased millage should
sustain the fund, however, the fund will run out of money before the millage
increase fully takes effect. Again the question was raised whether the city
general fund is responsible to continue paying retired fire pensioners and their
surviving spouses once their fund is depleted. Councilmember Bryant argued
that there are several unanswered questions regarding the legality of what can or
has to be done regarding the pension fund and its recipients and the questions
should be resolved in a court of law.
G) PAID BILLS REPORT
The council was given a copy of the June, 2018 paid bills report for review.
MAYOR COMMENTS
Mayor Elumbaugh announced he had received a letter of resignation from
Councilmember Dr. Chris Beller. Dr. Beller has recently sold his home and is moving
outside the city limits of Batesville. Mayor Elumbaugh asked for a motion to declare a
vacancy for Ward 3, Position 2. Councilmember Matthews so moved and
Councilmember Bryant seconded. All voted for.
The Mayor said he and numerous council and citizens attended the ribbon
cutting ceremony for the new Independence County Library. The library moved into the
newly remodeled Barnett Building. The Mayor thanked the council for planting the seed
when acquiring the Barnett Building and Admiral Bob Carius, Judge Bill Walmsley and
the Library Board for their vision of seeing the project through. The new library will be a
wonderful asset to our community.
LIAISON REPORTS
None
COUNCIL COMMENTS
None
ADJOURNMENT
There being no more business, Councilmember Matthews moved that the
meeting be adjourned. Councilmember Bryant seconded and all voted for.
RICK ELUMBAUGH, MAYOR
DENISE M. JOHNSTON, CITY CLERK