HomeMy WebLinkAbout2011-05-10 MINUTES OF COUNCIL
MAY 10, 2011
The Batesville City Council met in regular session on May 10, 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 Shetron moved to approve the minutes from the previous meeting.
Councilmember Insell seconded and all voted for.
Councilmember Insell moved to approve the prepared agenda as amended.
Councilmember Henley seconded and all voted for.
CITIZENS COMMENTS
None
UNFINISHED BUSINESS
None
NEW BUSINESS
A) QUARTERLY REPORT FORM FIRE CHIEF BRENT GLEGHORN
Fire Chief Brent Gleghorn addressed the council and gave each member a copy
of his department's quarterly report. Chief Gleghorn went through the report and
answered questions from the council. The Chief asked the council to approve
out of state travel for two employees to go to Lyons, South Dakota to pick up the
new Rescue truck. Councilmember Matthews moved to approve the out of state
travel and Councilmember Bryant seconded. All voted for.
B) PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO
AUTHORIZE THE ISSUANCE OF REVENUE BONDS BY THE CITY OF
BATESVILLE PUBLIC FACILITIES BOARD ON BEHALF OF WOOD-LAWN,
INC.
Mayor Elumbaugh opened the public hearing at 5:46 PM for the discussion of
issuing revenue bonds for Wood-Lawn, Inc. to build a new 140 bed facility.
There being no one wishing to speak, the public hearing was closed at 5:50 PM.
Mr. Shipp Russell with Friday, Eldridge and Clark Law Firm of Little Rock
addressed the council to answer any questions regarding the proposed
resolution. Councilmember Bryant introduced the resolution and Mr. Castleberry
read it in full. After a discussion, Councilmember Shetron moved to adopt the
resolution and Councilmember Bryant seconded. The roll call vote was 7 for and
1 (Krug) abstained. The resolution was given #2011-05-01-R.
C) CONSIDER AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE
BATESVILLE SUBDIVISION CODE, CLARIFY THE PROCESS OF FINAL PLAT
APPROVAL AND ESTABLISH THE PROCESS FOR ACCEPTING STREETS
FOR MAINTENANCE BY THE CITY
Councilmember Bryant introduced an ordinance to amend various provisions of
the Batesville Subdivision Code, clarify the process of final plat approval and
establish the process for accepting streets for maintenance by the City. Code
Enforcement Officer Chad McClure addressed the council to answer any
questions. Councilmember Matthews moved to suspend the rules and read the
ordinance by title only. Councilmember Insell seconded and the roll call vote was
8 for and 0 against. Mr. Castleberry read the ordinance by title only.
Councilmember Matthews moves to further suspend the rules and waive the
second and third readings. Councilmember Insell seconded and the roll call vote
was 8 for and 0 against. Councilmember Bryant moved to adopt the ordinance
and Councilmember Insell seconded. The roll call vote was 8 for and 0 against.
The ordinance was given #2011-05-01.
D) CONSIDER AN ORDINANCE TO REZONE ALL LAND IN THE CITY LIMITS OF
BATESVILLE SOUTH OF THE WHITE RIVER FROM R-1 TO C-1
Councilmember Matthews introduced an ordinance to rezone all land in the City
limits of Batesville lying South of the North shore of the White River from R-1 to
C-1 Commercial. Councilmember Matthews moved to suspend the rules and
read the ordinance by title only. Councilmember Bryant seconded and the roll
vote was 8 for and 0 against. Mr. Castleberry read the ordinance by title only.
Councilmember Matthews moved to further suspend the rules and waive the
second and third readings. Councilmember Insell seconded and the roll call
count was 7 for and 1 (Shetron) abstained. Councilmember Bryant moved to
adopt the ordinance and Councilmember Insell seconded. The roll call vote was
8 for and 0 against. The ordinance was given #2011-05-02.
E) CONSIDER AN ORDINANCE TO REZONE CERTAIN LAND FROM
INDUSTRIAL TO C-1 LOCATED SOUTH OF MEYERS STREET, EAST OF ST.
LOUIS STREET AND WEST OF STILLHOUSE BRANCH
Councilmember Bryant introduced an ordinance to rezone certain land from
Industrial to C-2 Commercial located south of Meyers street, east of St. Louis
Street and west of Stillhouse Branch. Councilmember Insell moved to suspend
the rules and read the ordinance by title only. Councilmember Bryant seconded
and the roll call count was 8 for and 0 against. Mr. Castleberry read the
ordinance by title only. Councilmember Matthews moved to further suspend the
rules and suspend the second and third readings. Councilmember Insell
seconded and the roll call count was 8 for and 0 against. Councilmember Bryant
moved to adopt the ordinance and Councilmember Henley seconded and the roll
call count was 8 for and 0 against. The ordinance was given #2011-05-03.
F) ENGINEER'S REPORT
City Engineer Damon Johnson addressed the council with his engineer's report.
Mr. Johnson said they had finally gone out for bid for the second phase of
construction for the Wastewater Treatment upgrade. The bids will be opened
June 14th at 2:00 PM. Mr. Johnson said the recent rains had affected almost
every department in the City. The Wastewater Treatment Plant did not make
permit for April and the construction crews were slowed down as well.
Construction has hit rock in digging for the new sewer line for DHS which has
drastically slowed down progress. Weather has also slowed down work at the
new Shooting Range but crews are there again trying to get ready for their June
Grand Opening.
G) EXECUTIVE SESSION
Councilmember Shetron moved to go into executive session. Councilmember
Bryant seconded and all voted for.
Upon returning from executive session, Councilmember Shetron moved to
appoint Mr. Stephen (Kegal) Smart to the Airport Commission. Councilmember
Bryant seconded and all voted for. Mr. Smart will fill the unexpired term of Randy
Luster. The term will expire November 9, 2011.
Councilmember Matthews moved to reappoint Mr. Joe Don Reynolds to the
Public Facilities Board and to appoint Ms. Robin Brock to fill the unexpired term
of Mr. Andy Montgomery. Councilmember Henley seconded and all voted for.
Mr. Reynolds term will expire November 10, 2015 and Ms. Brock's term will
expire November 10, 2012.
H) REVIEW OF PAID BILLS REPORT
The council was given a copy of the April, 2011 paid bills report for review.
MAYOR COMMENTS
Mayor Elumbaugh informed the council that Sanitation Unit#290, a 2009 Mack
will be removed from the City's fixed assets and replaced with a 2011 Mack, Unit#291.
Animal Control Officer Jeff Pender is asking for approval to travel out of state to
Kansas City, MO for level 2 training. The Mayor said there are funds budged for Mr.
Pender's training. Councilmember Matthews moved to approve the out of state travel
and Councilmember Shetron seconded. All voted for.
The Mayor read a proclamation naming May 21, 2011 as Kids to Parks Day.
Mayor Elumbaugh said he had been approached to amend the City's current
ordinance regarding do business with city employees. Councilmember Krug said the
current ordinance only allows the City to do $2,000.00 per year with any city employee
or any family member of a city employee. Mr. Krug said that entails a lot of citizens that
could sell goods or perform services for the City. Mr. Krug said he would like to see the
dollar amount removed or raised substantially. Mayor Elumbaugh asked the City
Attorney to contact the Municipal League for guidance and bring something for the
council to consider at the next meeting.
LIAISON REPORTS
None
COUNCIL COMMENTS
None
ADJOURNMENT
There being no further business, Councilmember Matthews moved that the
meeting be adjourned and Councilmember Insell seconded. All voted for.
RICK ELUMBAUGH, MAYOR
DENISE M. JOHNSTON, CITY CLERK