MINUTES OF COUNCIL MARCH 10, 2011 The Batesville City Council met in regular session on March 10, at 5:30 PM at the Municipal Building. Mayor Elumbaugh called the meeting to order. Councilmember Hubbard gave the invocation. Upon roll call, the following council answered present; Tommy Bryant, Paige Hubbard, Davy Insell, Fred Krug, Douglas Matthews, Chris Poole, and David Shetron. Also present were the City Clerk and the City Attorney. Councilmember Margarett Henley was absent. Councilmember Shetron moved to approve the minutes from the previous meeting. Councilmember Insell seconded and all voted for. Councilmember Shetron moved to approve the prepared agenda. Councilmember Poole seconded and all voted for. CITIZENS COMMENTS Airport Commissioner Charles Barnett addressed the council and announced the hiring of the new airport manager. Mr. Barnett said he was pleased to say they hired Mr. Darren Wilkes who is a former employee of the Batesville Wastewater Plant. Mr. Barnett said Mr. Wilkes was a long time resident of Independence County and the commission was looking forward to working him. Mayor Elumbaugh said Mr. Wilkes attended his first department head meeting this past Monday and formally welcomed him back to the City. Mr. Brent Hardy of 145 W. McClendon Lane of Desha addressed the council regarding illegal aliens. Mr. Hardy said the City should pass a law making it illegal for illegal aliens to live and work in Batesville. He said a fine should be imposed to both the individual and the employer who hires an illegal alien.
UNFINISHED BUSINESS None NEW BUSINESS A) RECOGNIZE MR. DAVID MCQUARY Mayor Elumbaugh recognized Mr. David McQuary for his fundraising efforts for the Polar Bear Plunge. Mr. McQuary raised over $3,000.00 for the event which benefits the Special Olympics. B) RECOGNIZE MR. DAVID INSELL WITH BELIEVERS COMMUNITY CHURCH Mayor Elumbaugh recognized Pastor David Insell with Believers Community Church for a church project done at the Polk Bayou. Last year, several members of Believers built a bridge, picnic tables, mowed and spread mulch along the nature trail at the Bayou. In 2008, the City had two floods within a two week period that completely washed away all the work that had previously been done to the area. The Mayor commended Pastor Insell and his congregation for the community Servolution project. C) CONSIDER A RESOLUTION TO REVISE THE COMPREHENSIVE LAND USE MAP ON PROPERTY NEAR BARNETT DRIVE AND WHITE DRIVE Councilmember Bryant introduced a resolution that would revise the Batesville Comprehensive Land Use Map in the vicinity of Barnett Drive and East White Drive. Code Enforcement Officer Chad McClure addressed the council and said a public hearing was held regarding the matter and the Planning Commission was recommending the revisions. City Attorney Lindsey Castleberry read the resolution in full. Councilmember Bryant moved to adopt the resolution and
Councilmember Matthews seconded. The roll call count was 7 for and 0 against. The resolution was given #2011-03-01-R. D) CONSIDER AN ORDINANCE TO REZONE CERTAIN PROPERTY ON WHITE AND BARNETT DRIVE Councilmember Bryant introduced an ordinance that would rezone property lying west of Barnett Drive and south of White Drive to accommodate moderate to high density residential development. The property is currently zoned C-1 and the recommended zone is R-2. Councilmember Bryant moved to suspend the rules and read the ordinance by title only. Councilmember Shetron seconded and the roll call count was 7 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 Bryant seconded and the roll call count was 7 for and 0 against. Councilmember Bryant moved to adopt the ordinance and Councilmember Insell seconded. The roll call count was 7 for and 0 against. The ordinance was given #2011-03-01. Mr. Castleberry read the emergency clause and Councilmember Bryant moved to adopt. Councilmember Krug seconded and the roll call count was 6 for and 1 (Matthews) against. E) ENGINEER S REPORT City Engineer Damon Johnson addressed the council with his engineer s report. He reported that the Street Department had been working the past two weeks cleaning debris from city ditches and streets from the result of the recent heavy rains. In the Utility Construction Department, crews are still working on the North Heights project and the DHS new sewer line. Progress is slow because the
crews have had to respond to several emergency leaks. He said the North Heights job should be complete soon and the DHS project is almost half completed. He added that both the Street Department and the Utility Construction crews have been doing in-kind work at the new Independence County Game and Fish Shooting Range. On the tunnel project, contractors have made little progress in laying the conventional pipe inside the tunnel because of the rainy weather. He said with dry weather coming, that portion of the project should be complete by midsummer. The Wastewater Plant expansion project plans are almost complete. He said ANRC and McGoodwin, Williams and Yates engineering firm are ironing out the final details. Lastly, the SSES (Sanitation Sewer Evaluation Survey) is complete and the results are now being reviewed. He said he was expecting a plan by September on the most efficient and cost effective way to rehab the sewer system. Mr. Johnson asked for permission for out of state travel for Michael McDonald to attend training in San Antonio, TX. Councilmember Bryant moved to grant the out of state travel and Councilmember Matthews seconded. All voted for. F) CITY ATTORNEY S REPORT City Attorney Castleberry addressed the council to give a report on his first two months as City Attorney. Mr. Castleberry said one of his primary roles as City Attorney is prosecuting cases in District Court for the City. He said in his first two months, 348 cases have either been set for or gone to trial. Of those cases, 20 were for domestic violence, 22 DWI, 33 Drug and/or Alcohol, 142 traffic, and 131 other which includes citations for shoplifting, fleeing and resisting arrest. Mr.
Castleberry said he was also working with Utility Manager Nick Baxter on recovering monies from a bankruptcy filed by Townsends, Inc. He said he expected to collect the entire debt of $234,851.57 G) EXECUTIVE SESSION Councilmember Matthews moved to go into executive session and Councilmember Insell seconded. All voted for. Upon returning from executive session, the following appointments were recommended. Councilmember Bryant moved to re-appoint Mr. Jonathan Abbott to the Tree Board. Councilmember Krug seconded and all voted for. Mr. Abbott s term will expire 9/08/2012. Councilmember Krug moved to appoint Mr. Ron Autry to the Historic District Commission. Councilmember Shetron seconded and all voted for. Mr. Autry will fill the unexpired term of Mr. Brian Langston. The term expires 01/08/2013. Councilmember Shetron moved to appoint Mr. Cord Davidson to the Planning and Zoning Commission. Councilmember Bryant seconded and all voted for. Mr. Davidson will fill the unexpired term of Mr. Brian Langston. The term expires 06/10/2013. Councilmember Bryant moved to appoint Mr. Steve Thomas to the IDC. Councilmember Shetron seconded and all voted for. Mr. Thomas term will expire 03/01/2013. H) REVIEW JANUARY 2011 FINANCIALS The council was given a copy of the January, 2011 financial statements for review. I) REVIEW FEBRUARY 2011 PAID BILLS REPORTS
The council was given a copy of the February 2011 paid bills report for review. MAYOR COMMENTS The Mayor said the city has been awarded a CDBG Disaster Grant to construct sidewalks and improve drainage on Pine Street. The grant is for $99,500.00 The Mayor said the city purchased a lift truck from an auction in Memphis for $25,300.00. It is a 2002 International that it is in good mechanical condition. LIAISON REPORTS None COUNCIL COMMENTS Councilmember Shetron asked to set another Law Enforcement Committee meeting. They agreed upon Wednesday, March 16 th at 5:30 PM at City Hall. Councilmember Bryant said the Highway 167 widening project from Hogg s Barbecue to the junction of Hwy 167 and 233 is now fully underway. Mr. Bryant asked citizens to travel the highway with caution and to use the same courtesy for the construction workers as was given during the Harrison Street project. ADJOURNMENT There being no further business, Councilmember Bryant moved that the meeting be adjourned. Councilmember Insell seconded and all voted for. DENISE M. JOHNSTON, CITY CLERK RICK ELUMBAUGH, MAYOR