MINUTES OF COUNCIL

MAY 22, 2007

The Batesville City Council met in regular session on May 22, at 5:30 PM at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Councilmember Krug gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Matt McDonald, Stephen Smart and Paula Terrell. The City Clerk was also present. Councilmembers Jerry Pectol and David Shetron and City Attorney Scott Stalker were absent.

Councilmember Matthews moved to approve the minutes from the previous meeting and Councilmember Smart seconded. All voted for.

Councilmember Matthews moved to approve the prepared agenda. Councilmember Smart seconded and all voted for.

CITIZENS COMMENTS

None

OLD BUSINESS

None

NEW BUSINESS

**RECOGNITION OF THE BATESVILLE HIGH SCHOOL LADY PIONEERS TRACK AND FIELD CLASS AAAAA STATE CHAMPIONS

Mayor Elumbaugh recognized the Batesville High School Lady Pioneers Track and Field team for winning the Class AAAAA State Championship. This year’s win makes three in a row for the Lady Pioneers. The Mayor read a proclamation recognizing their achievement and the Lady Pioneer introduced themselves and the sport that they took part in.

**PRESENTATION FROM JONAH SHUMATE, CHAMBER OF COMMERCE DIRECTOR

Mr. Johan Shumate, Executive Director of the Batesville Area Chamber of Commerce addressed the council regarding the City participating in the Arkansas Department of Economic Development’s Arkansas Communities of Excellence Program. Mr. Shumate said the City and County need to establish a multi-year strategic plan for the direction we want our community to go. Mr. Shumate said a 25 year plan would be great with a stirring committee made of up citizens between the ages of 30 to 50. Mr. Shumate asked for the council’s approval for the Mayor to sign the “Letter of Commitment” to join the ACE program. The council was all in agreement.

**EXECUTIVE SESSION

Councilmember Matthews moved to go into executive session. Councilmember McDonald seconded and all voted for.

Upon returning from executive session, the council made the following appointments: Councilmember Terrell moved to appoint Kim Looney to the Parks and Recreation Commission. Councilmember Krug seconded and all voted for. Mr. Looney’s term will be 5/22/07 through 5/10/2012. The council made two appointments to the Industrial Development Corporation; Councilmember Matthews moved to reappoint Woody Castleberry to the Corporation. Councilmember McDonald seconded and all voted for. Mr. Castleberry’s term will end January, 2012. Councilmember Krug moved to appoint Lackey Moody, Jr. and Councilmember Smart seconded. All voted for. Mr. Moody’s term will end January, 2011.

**CONSIDER AN ORDINANCE TO AMEND THE BATESVILLE ZONING CODE

Councilmember Matthews introduced an ordinance that would amend the Batesville Zoning Code to allow apartments on the bottom floor in a T-1 Traditional Business District as long as the front to the building remains commercial. The City Clerk read the ordinance in full. Councilmember Terrell moved to suspend the rules and waive the second and third readings. Councilmember Smart seconded and the roll call count was 6 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember McDonald seconded. The roll call count was 6 for and 0 against. The ordinance was given #2007-5-1.

**CONSIDER AN ORDINANCE TO AMEND ORDINANCE NUMBER 922, THE GARBAGE DISPOSAL TAX

Before considering the proposed ordinance, Mayor Elumbaugh discussed with the council a letter from Mr. Michael Flautt requesting an exception to the garbage tax for his property located at 445 Wilson Street. Mr. Flautt owns two properties that adjoin each other and he has been paying garbage on the property at 1089 Grace Street but not the Wilson Street address. Currently the properties are unoccupied but they do have active water meters. The Mayor said Mr. Flautt did not want to turn off the water at either house. The council discussed the request and unanimously said that if both houses have active water meters that both houses will have to pay the garbage tax. At that time, Councilmember Smart introduced an ordinance that will further define the requirements for paying the garbage disposal tax. The City Clerk read the ordinance in full and Councilmember Smart moved to suspend the rules and waive the second and third readings. Councilmember Matthews seconded and the roll call count was 6 for and 0 against. Councilmember Matthews moved to adopt the ordinance. Councilmember Smart seconded and the roll call count was 6 for and 0 against. The ordinance was given #2007-5-2. Councilmember Carpenter moved to adopt the emergency clause. Councilmember Terrell seconded and the vote was 6 for and 0 against.

**FINANCIAL STATEMENTS FOR THE MONTH ENDING APRIL, 2007

The council was given a copy of the financial statements for the City and Water Utilities for the month ending April 30, 2007.

COMMENTS FROM THE MAYOR

Mayor Elumbaugh said he has had lots of positive feedback on the new nature trail. He encouraged the council if they had not been to the new trail to go and walk it. The Mayor also said the bucket truck donated by Citizens Bank is now operational and has already been used several times by our employees.

LIAISON REPORTS

None

COMMENTS FROM COUNCILMEMBERS

Councilmember McDonald said the Farmers Market Committee was working hard. They are going to locate the market at the old shoe factory site but they are having to move the fence and are currently raising money to erect a structure for the market. He said they hope to be running by Mid June.

ADJOURNMENT

There being no further business, Councilmember Carpenter moved that the meeting be adjourned. Councilmember Krug seconded. All voted for.

RICK ELUMBAUGH, MAYOR

DENISE M. JOHNSTON, CITY CLERK