MINUTES OF COUNCIL
AUGUST 8, 2006
The Batesville City Council met in regular session on August 8, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Carpenter gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, Doug Matthews, Dana Mynatt, Stephen Smart and Paula Terrell. Also present were the City Clerk and the City Attorney. Councilmembers Krug, Pectol and Shelton were absent.
COMMENTS FROM CITIZENS
Mayor Biard opened the floor for citizen comments. Mr. Langley Puckett addressed the council with several comments. Mr. Puckett said the furniture store on Central Avenue (Ozark Furniture) constantly had boxes, wood and other debris from their dumpster blow out and litter the railroad and eventually would end up on the river. Mr. Puckett said he had notified City Hall on several occasions and the furniture store itself and the problem has not improved. Secondly Mr. Puckett said he thought the new stop signs on Main, College and Boswell were senseless and instead the speed limit should be raised to 30 miles per hour. Third he said he thought the swim lessons that were being taught at the Fitzhugh Pool were good for the community and should continue. He said maybe the City needed to revisit the agreement between the City and Mr. Elumbaugh. And last, Mr. Puckett said he was concerned with the amount of “illegal aliens” that were be employed by a local poultry company. Mr. Puckett said he felt that most of the illegal drug problems come from Texas and Mexico through the illegals and poultry company pays low wages because they hire illegal workers. Mr. Geino Corley addressed the council regarding the bad odor that is coming from the local poultry industries. Mr. Corley said the smell had improved for several years but now is back. Mr. Corley said he lives at 837 Broad Street and can not sit outside at his home because of the smell. Mr. Gary Butcher stood and agreed with Mr. Corley regarding the bad smell. There being no further comments, Mayor Biard closed the floor.
ROUTINE BUSINESS
Councilmember Smart moved to approve the minutes from the previous meeting and Councilmember Carpenter seconded. All voted for.
UNFINISHED BUSINESS
***THIRD READING OF AN ORDINANCE EXEMPTING THE CITY FROM THE SHIELDED LIGHT ACT
Mayor Biard told the council they had two ordinances before them regarding the shielded lighting act. The first ordinance is the one that the Mayor wrote and is being considered for the third reading. The second ordinance is one written by the Municipal League. City Attorney Stalker said if the council wished to adopt an ordinance regarding the shielded lighting act he would recommend the ordinance written by the Municipal League.
Mayor Biard read an ordinance that would exempt the City from the shielded lighting act for the third and final reading. Councilmember Smart moved to adopt the ordinance and Councilmember Matthews seconded and the roll call count was 5 against and 0 for. The motion failed.
Councilmember Matthews then introduced a new ordinance written by the Arkansas Municipal League that would exempt the City from the shielded lighting act. Mayor Biard read the ordinance in full for the first reading. The ordinance will be placed on the next agenda for the second reading.
NEW BUSINESS
***CONSIDER AN ORDINANCE FOR SMOKE FREE PARKS AND RECREATION AREAS IN THE CITY
Councilmember Terrell introduced an ordinance that would prohibit the use of tobacco products on certain parks and recreational areas owned and leased by the City of Batesville. Mayor Biard read the ordinance in full for the first reading. The ordinance will be placed on the next agenda for the second reading.
***CODE ENFORCEMENT REPORT
Code Enforcement Officer Chad McClure addressed the council regarding several pieces of properties. The first is located at 921 Elm Street. The property had a burned out house on it and there is a dispute over who the owner of the property is. After a discussion, Councilmember Terrell moved to proceed with the condemnation process and send the notice to Mr. Kenny Canada as the title holder to the property. Councilmember Matthews seconded and all voted for. Mr. McClure then brought the council up-to-date on three properties that have been discussed in the past; 3155 Alice Drive, 1898 Porter Street and 2155 North Central Avenue. All three structures had fire damage. The first two mentioned are being remodeled and the last is being torn down and removed. The next property discussed is at 2029 Neeley Street. Mr. McClure said the property is in bad need of cleaning up. The owner on record is V.L. Story but Mr. McClure said he has not been able to locate him. Mayor Biard said he didn’t know if the City had the machinery and man power to clean up the property. Councilmember Matthews moved to have the City clean up the lot if we have the means to do so and send the bill the tax collector to collect with the property taxes. Councilmember Smart seconded and all voted for. The next four pieces of property were considered for condemnation; 858 Neeley Street, 1089 Grace Street, 445 Wilson Street and 9th & Oak Streets. Councilmember Matthews moved to proceed with the condemnation process on all four properties and Councilmember Smart seconded. All voted for.
***PAID BILLS REPORT
The council was given a copy of the paid bills report for July, 2006
COMMENTS FROM DEPARTMENT HEADS
None
COMMENTS FROM COUNCIL MEMBERS
Councilmember Terrell informed the council that the traffic control committee has already met and has another meeting scheduled for 4:30 PM on August 10.
Councilmember Matthews reminded the council about the upcoming budget meetings on August 14 and 15 starting at 5:00 PM.
COMMENTS FROM THE CITY ATTORNEY
None
COMMENTS FROM THE MAYOR
Mayor Biard said the City had another claim of a broken windshield. Ms. Phyllis Barber said she was traveling on Southerland Drive when a small gravel thrown from a mower hit her back passenger window. City employee Steven Lindsey said he was mowing at the time but he did have the deflector on the grass discharge and the discharge was pointing away from the street. The Mayor said the accident could not have been avoided. The estimate for the repair is $228.55. Councilmember Matthews moved to pay for the repair and Councilmember Smart seconded. All voted for.
There being no further business, Councilmember Matthews moved that the meeting be adjourned. Councilmember Smart seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK