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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