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HomeMy WebLinkAbout2022-02-22 MINUTES OF COUNCIL FEBRUARY 22, 2022 The Batesville City Council met in regular session on February 22th, at 5:30 pm at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Utility Office Manager Nick Baxter gave the invocation. Upon roll call, the following Councilmembers answered present; Brittany Bennett, Tommy Bryant, Scott Fredricks, Julie Hinkle, Paige Hubbard, Doug Matthews, and Chris Poole. Also present were the City Attorney Tim Meitzen and Admin Assistant Jennifer Corter. Councilmember Fred Krug and City Clerk Denise Johnston were both absent. Councilmember Hinkle moved to approve the minutes from the previous meeting. Councilmember Bennett seconded and all voted for. Councilmember Hubbard moved to approve the prepared amended agenda. Councilmember Fredricks seconded and all voted for. CITIZENS COMMENTS NONE UNFINISHED BUSINESS A) SECOND READING OF AN ORDINANCE TO PROHIBIT NOISE THAT INJURES OR ENDANGERS THE COMFORT, REPOSE AND PEACE OF OTHERS Councilmember Matthews made a motion to read the ordinance by title only. Councilmember Hubbard seconded and the roll call was 7 for and 0 against. City Attorney Tim Meitzen read the ordinance by title only. There was some lengthy discussion about what the law specifies as “noise” and research of what other towns are doing. Councilmember Fredricks said the proposed ordinance is “too general” and Councilmember Pool agreed saying it is not advancing us toward any specific solution. Mayor Elumbaugh asked for a motion to further suspend the rules and wave the third reading. Councilmember Hinkle so moved and Councilmember Bennett seconded. The roll call was 6 for and 1 (Poole) against. Mayor Elumbaugh asked for a motion to adopt the ordinance. There was no motion to adopt so the ordinance failed. NEW BUSINESS A) CONSIDER A RESOLUTION FOR THE CITY OT ACCEPT THE LOW BID AND ENTER INTO A CONTRACT WITH RLH CONSTRUCTION, LLC FOR THE CONSTRUCTION OF THE BOARDWALK SECTION OF THE BATESVILLE GREENWAY Councilmember Fredricks introduced the resolution. Councilmember Fredricks also moved to read the resolution by title only. Councilmember Hubbard seconded and the roll call was 7 for and 0 against. Mr. Meitzen read the resolution by title only. Councilmember Fredricks moved to adopt the resolution and Councilmember Bryant seconded. The roll call was 7 for and 0 against. The resolution will be given #2022- 02-02-R. B) MR. JEFF OWENS, PARKS DIRECTOR, WITH AN UPDATE FROM THE PARKS AND RECREATION DEPARTMENT Parks Director, Jeff Owens addressed the Council with a printed list of improvement projects, including the splash pad in West Batesville, Eagle Mtn. Greenway project, Boardwalk construction, the Golf Shed, pedestrian bridge at Riverside Park is waiting for design approval and the Main St. complete street project. There was also a lengthy list of upcoming events and tournaments included in his report. There are 28 events scheduled for the first 26 weeks of 2022. Mr. Owens also reported that we currently have 5,096 memberships covering 6,944 people. C) EXECUTIVE SESSION Councilmember Bryant made a motion to go into executive session and Councilmember Bennett seconded. All voted for. Upon return, Councilmember Fredricks made a motion to reappoint Mr. Larry Morris, Mr. Jimmy Wallace and Mr. Johnathan Abbott to the City Tree Board. Councilmember Poole seconded and all voted in favor. All terms will expire September 8, 2023. Councilmember Matthews made a motion to reappoint Ms. Kristie Jenkins, Mr. Kyle Kallsnick and Mr. Lackey Moody, Jr. to the Parks and Recreation Advisory Committee. Councilmember Fredricks seconded and all voted for. The terms will expire September 30, 2024 MAYOR COMMENTS Mayor Elumbaugh expressed his displeasure in the claims by the news media and Independence County that the City of Batesville is not fulfilling financial obligations at the shooting range. Mayor Elumbaugh said that over the years several agreements have been entered into, including the Rocky Willmuth Shoot Sports Complex. The City has been involved since the infancy of this program and Mayor Elumbaugh expressed that he is a huge advocate for the complex which gives kids sporting options. He gave a brief history of the agreement pertaining to the complex. Councilmember Bryant continued with more detailed history, dating back to the 1986 Resolution between the City and County regarding the 1 cent county sales tax. One of the issues within the resolution dealt with parks and recreation. Both Mayor Elumbaugh and Councilmember Bryant reiterated that past agreements have been honored by every county administration up until the current administration. Mayor Elumbaugh said in July 2009 the title to the shooting complex was transferred to Independence County. The Mayor said when the complex first started, the City was to have 2 positions to the oversite board. At some point, that changed and we now have no say on the budget or daily operations. Mayor Elumbaugh said that we need to heal the relationship with the County and recommended that a meeting be held with the city council, quorum court, the Mayor, County Judge and legal representatives from both sides to rationally discuss differences and hopefully find a solution. We are all Independence County and we want to move the entire county forward. Councilmember Matthews made a motion for the entire Council to meet with the entire Quorum Court, not just the budget committee, on March 3, 2022, Councilmember Hubbard seconded. All voted for. An invitation will be sent to all Quorum Court members, County Judge, County Attorney and County Clerk to meet on this date. th The next City Council meeting will be March 8. Also, a ribbon cutting will be scheduled for the splash pad on West Side as soon as weather permits. LIAISON REPORTS None COUNCIL COMMENTS Councilmember Hinkle asked for a follow-up on a trash issue located on Davis Ln. Councilmember Matthews commented on the airport lighting and the hanger projects. The weather is holding up both projects. ADJOURNMENT There being no further business, Councilmember Matthews moved that the meeting be adjourned. Councilmember Bennett seconded and all voted for. The meeting was adjourned at 6:34 pm. RICK ELUMBAUGH, MAYOR JENNIFER CORTER, ADMIN ASSISTANT