HomeMy WebLinkAbout2014-11-25 MINUTES OF COUNCIL
NOVEMBER 25, 2014
The Batesville City Council met in regular session on November 25th at 5:30 P.M.
at the Municipal Building. Mayor Rick Elumbaugh called the meeting to order. Utility
Billing Manager Nick Baxter gave the invocation. Upon roll call, the following
councilmembers answered present: Chris Beller, Tommy Bryant, Sonya Crafton,
Margarett Henley, Paige Hubbard, Doug Matthews, Chris Poole and David Shetron.
Also present were the City Attorney Lindsey Castleberry and City Clerk Denise
Johnston.
Councilmember Bryant moved to approve the minutes from the previous
meeting. Councilmember Henley seconded and all voted for.
Councilmember Bryant moved to approve the prepared agenda as amended.
Councilmember Shetron seconded and all voted for.
CITIZENS COMMENTS
None
OLD BUSINESS
None
NEW BUSINESS
A) LEAGUE ATTORNEY MARK HAYES AND CITY ATTORNEY LINDSEY
CASTLEBERRY TO DISCUSS THE SOUTHSIDE INCORPORATION
City Attorney Lindsey Castleberry and Municipal League Attorney Mark Hayes
addressed the council to discuss the options the council has regarding the
Incorporation of Southside. At the last council meeting, the council instructed Mr.
Castleberry to contact Mr. Martin Bowen, Attorney for the Southside
Incorporation group, and try to negotiate the removal of the portion of the City's
airport that lies in the proposed incorporated area. If they agreed to remove the
airport, the City would not pursue their pending lawsuit in Circuit Court. Both Mr.
Castleberry and Mr. Hayes said they contacted Mr. Bowen but he said his clients
did not want to release the airport property. Mr. Hayes told the council if they
decided to proceed with the lawsuit they need to know that it will be a slow and
costly process. He did say he thought we have a good chance to win the case
but the council needs to consider their constituents in light of the recent
annexation vote. Mr. Hayes talked about the potential of confusion with
Government Agencies like the FAA and ADEQ when the airport property lies in
two different government agencies and is owned by a third. Mr. Castleberry said
the filing deadline to challenge the Incorporation is tomorrow, November 26th. He
said one option would be to file a complaint in the form of an injunction in Circuit
Court and hope the two sides can come together and work out a settlement. Mr.
Hayes said settlements happen more times than not in court, however, he feels
they have a strong case that the incorporation was not passed correctly and if it
was the council's desire, they are willing to see the matter to the State Supreme
Court. Mr. Vince Gay with the Southside Incorporation group asked to speak.
He said their attorney advised them not to accept the City's offer to remove the
airport from the incorporated area. Mr. Bowen believes that doing so will make
the entire incorporation null and void. Mr. Hayes said he respect's Mr. Bowen's
interpretation of the law but he and Mr. Castleberry do not believe that it would
make the rest of the incorporation null. Councilmember Bryant said he thought
the best thing for the City would be to file the lawsuit and try to reach a
settlement regarding the airport. Mr. Bryant made a motion as such and
Councilmember Shetron seconded. The roll call count was 7 for and 1 (Beller)
against.
B) DISCUSS EMPLOYEE HEALTH BENEFITS
Deputy City Clerk Brenda Riley addressed the council with a recommendation
from the Health Insurance Committee. Ms. Riley said the committee met 3 times
and discussed many different options. The committee agreed to present the
following recommendation; Go to a Class 3 by raising the deductible to
$1,200.00, offer a FSA (Flexible Spending Account) which is taxed sheltered to
help with medical expenses, start a Section 125 to make insurance premiums
paid by our employees tax sheltered. The recommendations will go into effect
January 1, 2015. Ms. Riley said the committee also wants the insurance
premiums to be budgeted at the Class 4 rate and if our renewal stays at a Class
3 in June, the city will pass the savings along to the employees. In doing this,
those who had to meet the $1,200.00 would get a little relief. The committee also
discussed educating our employees regarding their health insurance and the
importance of wellness checkups which is at no cost to the employee. Ms. Riley
said the committee was trying to come up with a plan to reward those employees
who get their annual wellness checkup and those who don't will have to pay a
higher premium for their health insurance. Councilmember Shetron moved to
approve the committee's recommendation and Councilmember Bryant seconded.
All voted for.
C) ENGINEER'S REPORT
City Engineer Damon Johnson addressed the council with his monthly
engineer's report. He said the City crews should finish the left side of the new
streetscape on Main Street tomorrow, just in time for the Christmas parade. He
said they will finish the right side of the street in a couple of weeks. All other
departments are working as usual.
MAYOR'S COMMENTS
Mayor Elumbaugh reminded the public that the Christmas Parade and Lighting
Ceremony will be Monday night, December 1St. The lighting ceremony will begin at 6:00
PM and the parade will follow at 7:00.
The Mayor said the city is proud to announce that we will have a synthetic ice
skating rink at Riverside Park beginning 1:00 PM Monday and continuing through
December. First Community Bank, with the encouragement of Mr. Dale Cole, donated
the synthetic rink and 102 pair of skates to the City. The Mayor said the rink is portable
and can even be set up inside the new community center for a "Christmas in July"
theme. Mayor Elumbaugh said the skating rink will be a great addition to our already
beautifully decorated Riverside Park.
Mayor Elumbaugh reminded the council that it was again time to consider year
end pay incentives for our City employees. After a brief discussion, no decision was
made.
LIAISON REPORTS
None
COUNCIL COMMENTS
None
ADJOURNMENT
There being no further business, Councilmember Matthews moved that the
meeting be adjourned. Councilmember Bryant seconded and all voted for.
RICK ELUMBAUGH, MAYOR
DENISE M. JOHNSTON, CITY CLERK