HomeMy WebLinkAbout2011-10-25 MINUTES OF COUNCIL
OCTOBER 25, 2011
The Batesville City Council met in regular session on October 25, at 5:30 PM at
the Municipal Building. Mayor Elumbaugh called the meeting to order. Councilmember
Henley gave the invocation. Upon roll call, the following council answered present;
Tommy Bryant, Margarett Henley, Paige Hubbard, Davy Insell, Fred Krug, Douglas
Matthews, Chris Poole, and David Shetron. Also present were the City Clerk and the
City Attorney.
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. Councilmember
Henley seconded and all voted for.
CITIZENS COMMENTS
None
UNFINISHED BUSINESS
None
NEW BUSINESS
A) RECOGNIZE ARCHERY TEAM
Mayor Elumbaugh recognized the Eagle Mountain Archery Team for their 1St
place finish in the World competition of the Elementary School Division of the
National Archery in Schools Program held in Orlando, Florida. Each team
member was given a certificate for their accomplishment and six individual teams
members were recognized for their outstanding performances during the
competition.
B) DRAINAGE CONCERN — MR. LARRY SANDAGE
Mr. Larry Sandage addressed the council requesting a partial reimbursement
from the City for repairs he made to his sidewalks and curbs at his property on 8th
and College Streets. Mr. Sandage said when the City repaved 8th Street
sometime in 2009, the additional asphalt reduced his curb from 6" to about 3 '/2".
He said on four separate occasions he has had rain water in his outside storage
building, outside kitchen and heat and air room. He said in the 20 years that they
have lived in the house, they never had any drainage problems until the street
was resurfaced. He said he did contact someone with the City one time about
the problem but was under the impression that sidewalk maintenance fall under
the homeowner's responsibility. Mr. Sandage took it upon himself and had his
sidewalk and curbing raised to compensate for the additional asphalt at a cost of
approximately $2,200.00. Mr. Sandage said he was advised by a friend of his,
who is an attorney, that the City caused the drainage problem when they
resurfaced the street, therefore, the City should pay for the expenses he was out
for correcting the problem. Mayor Elumbaugh explained that the proper
procedure would have been for Mr. Sandage to request the City to look at the
problem at which time we would have sent our City Engineer and/or Street
Supervisor to Mr. Sandage's home to see if there was something the City could
do the solve the problem. City Attorney Lindsey Castleberry said the City was
doing as it is expected to do for the Citizens of Batesville by maintaining a City
Street. He said that under Arkansas Law, the City is not obligated to reimburse
Mr. Sandage for the expenses he incurred but the Council has the authority to do
so if they so desire. The Council expressed their concern that if they veer from
the City's policy and pay Mr. Sandage for his expenses, that would set a
precedence for other citizens to request the same. At that time, the Mayor told
Mr. Sandage that the City would not be able to help in his expenses.
C) CONSIDER A RESOLUTION FOR PARKS SPONSORSHIP
Councilmember Insell introduced a resolution authorizing the City to enter into a
contract with Stanley Wood Chevrolet for the sponsorship of the Concession
Stand and one ball field at the North Complex and one ball field at Fitzhugh Park.
The contract is for a 5 year period in the sum of$30,000.00. City Attorney
Castleberry read the resolution in full. Councilmember Insell moved adopt and
Councilmember Shetron seconded. All voted for. The resolution was given
#2011-10-05-R.
D) ENGINEER'S REPORT
City Engineer Damon Johnson addressed the Council with his engineer's report.
Mr. Johnson said the street crew is assessing the City streets and is crack
sealing where needed. He said the City already had a crack sealing machine but
has not used it for several years. Mr. Johnson said he and the Mayor discussed
it and think that using the crack sealer will help preserve the life of our streets.
Mr. Johnson said he is working with Water Treatment Plant Supervisor Larry
Reeves on the new Clean Water Act requirements that are to be in place in 2013.
He also brought the council up to date on the construction at the Waste Water
Plant.
E) EXECUTIVE SESSION
Councilmember Bryant moved to go into executive session and Councilmember
Henley seconded. All voted for.
Upon returning from executive session, Councilmember Bryant moved to appoint
Mr. John Dews to Airport Commission to fill the unexpired term of Mr. Ed Mabry.
Councilmember Shetron seconded and all voted for except Mr. Krug who
abstained. Mr. Dews' term will expire November 11, 2012.
MAYOR COMMENTS
Mayor Elumbaugh invited everyone to attend the Ground Breaking ceremony at
the North Complex for the new concession stand on October 26 at 4:30 PM.
The Mayor asked the council to approve out of state travel for the City Clerk and
Deputy Clerk to attend a Clerks meeting in Jackson, Mississippi on December 8 & 9.
Councilmember Bryant moved to approve the travel and Councilmember Henley
seconded. All voted for.
The Mayor showed the Council a plaque the City received from the Governor's
Council. The plaque was for the Governor's Leadership and Fitness Award. He said
the City was recognized because of our effort in promoting fitness by building the
Greenway Trails, bike trails and community garden.
LIAISON REPORTS
None
COUNCIL COMMENTS
Councilmember Bryant invited everyone to attend a Highway Department public
meeting Thursday, October 27th at Believers' Community Church. The meeting will
discuss the next 5 mile of highway improvements that will continue to Antioch Road.
The meeting will give the citizens a chance to see what route the highway will take and
have any questions or concerns they may have answered.
ADJOURNMENT
There being no further business, Councilmember Matthews moved that the
meeting be adjourned. Councilmember Insell seconded and all voted for.
RICK ELUMBAUGH, MAYOR
DENISE M. JOHNSTON, CITY CLERK