MINUTES OF COUNCIL

SEPTEMBER 13, 2005

The Batesville City Council met in regular session on September 13, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Mynatt gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, John Cooke, Fred Krug, Doug Matthews, Dana Mynatt, Jerry Pectol, Stephen Smart and Paula Terrell. Also present were the City Clerk and the City Attorney.

Councilmember Pectol moved to approve the minutes from the previous meeting and Councilmember Krug seconded. All voted for.

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

SPECIAL PRESENTATION

Mayor Biard gave a special presentation to the family of the late Councilmember Jim Mitchum, Jr. The family members present were Jim’s wife, Jimmie Ann, daughter and son-in-law, Lynn and Chris Rhoades, grandchildren Andy and Kelley Rhoades and father, Jim Mitchum Sr. Mayor Biard presented the family with a plaque that will hang in city hall until the end of Mr. Mitchum’s term of December 31, 2006 at which time it will be passed on to the family. Dr. Roettger, President of Lyon College gave the family a “Key to Lyon College” carved out of wood by Jim Mitchum, Sr.

DISCUSSION WITH HIGHWAY DEPARTMENT ON HARRISON STREET PROJECT

Mr. Dean Farris and Mr. Jim Leggett with the Highway Department met with the council to discuss the terms of the right-of-way acquisitions. The first property discussed is located at St. Louis and Harrison Streets. Mr. Farris said the Highway Department is still reviewing the acquisition amount at that location. Ms. Mynatt asked them to return to the next council meeting with their offer. In regards to the White Rodgers property, it was decided that Mr. Cooke, Mr. Carpenter and the Mayor will meet with representatives of White Rodgers to try a reach a fair settlement with the Highway Department. They will also try to settle this issue at the next meeting. Regarding the swimming pool property, the offer made by the Highway Department was $23,150. After some negotiations, Councilmember Cooke moved to accept the amount of $25,700. Councilmember Smart seconded and all voted for. The Batesville Water Utility manager Larry Tharnish gave the council a copy of the resolution that the Utility Commission passed accepting $6,500. from the Highway Department for the portion of land at their pump station on Harrison Street. Councilmember Krug moved to accept the resolution and Councilmember Pectol seconded. All voted for.

PROPOSED ORDINANCE CALLING FOR SPECIAL ELECTION ON ADVERTISING AND PROMOTION TAX FOR TOURISM

Councilmember Matthews introduced an ordinance that would call for a special election to levy an advertising and promotion tax for the purpose of tourism within the City limits of Batesville. The proposed election date is November 8, 2005. Mayor Biard read the ordinance in full and Councilmember Matthews moved to suspend the rules for the second and third readings. Councilmember Terrell seconded and the roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Smart seconded. The roll call count was 8 for and 0 against. The ordinance was given #2005-9-1. Councilmember Matthews moved to have 5 ballot boxes for the election, one for each ward and one absentee. Councilmember Terrell seconded. All voted for. The council agreed that, if passed, the effective date for the tax will be January 1, 2006 with the first payment to be due on February 20, 2006.

PROPOSED ORDINANCE CALLING FOR SPECIAL ELECTION REQUIRING BUSINESS LICENSE

Councilmember Matthews introduced an ordinance that would call for a special election for the purpose of requiring a business license of all businesses operating in the City of Batesville. The proposed election date is November 8, 2005. The Mayor read the ordinance in full and Councilmember Pectol moved to suspend the rules for the second and third readings. Councilmember Matthews seconded and the roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Smart seconded. The roll call count was 8 for 0 against. The ordinance was given #2005-9-2. The council agreed that if passed, the business license will go into effect January 1, 2006.

DISCUSSION ON PROPOSED SIGN ORDINANCE

Councilmember Pectol moved to have Attorney Stephen Giles along with City Attorney Scott Stalker look over the proposed sign ordinance before the council considers it for adoption. Councilmember Mynatt seconded and all voted for.

CODE ENFORCEMENT REPORT

The council was given a copy of the Code Enforcement Report.

EXECUTIVE SESSION

Councilmember Carpenter moved to go into executive session and Councilmember Terrell seconded. All voted for. Upon returning from executive session, the Mayor said the council instructed him to handle the employee situation as he sees fit.

MAYOR’S ANNOUNCEMENTS

Mayor Biard announced that the Highway Department has approved a study for an Eastern By-Pass for the City. The study should take 12 to 18 months to complete.

The Mayor said there is a parking problem on 3rd Street in front of 3rd Street Farm Supply. Councilmember Cooke moved to place 3 or 4 “30 minute parking only” signs in front of 3rd Street Farm Supply. Councilmember Carpenter seconded and all voted for.

The Mayor informed the council that he was transferring Metro Unit #506, a 1997 Ford Crown Vic with 159,000 miles to the County Reserve Officers. He is also placing out for bids two more metro cars, unit#516 a 1996 Ford Crown Vic with 184,018 miles and Unit#520, a 1997 Ford Crown Vic with 191,516 miles.

Mayor Biard told the council that we have received the first bill from Mr. Stephens Giles for his work on the Chadwick / Dylan issue. Councilmember Smart moved to pay for the expenses out of legal fees and Councilmember Terrell seconded. All voted for.

CEMETERY RESOLUTION

The council considered a cemetery resolution for Charles Johnson, Certificate #2005-256-1, for $100.00. Councilmember Terrell moved to accept the resolution and Councilmember Smart seconded. All voted for.

PAID BILLS REPORT

The council was given a copy of the paid bills reports for August 31, 2005.

There being no further business, Councilmember Krug moved that the meeting be adjourned. Councilmember Mynatt seconded and all voted for.

JOE M. BIARD, MAYOR

DENISE M. JOHNSTON, CITY CLERK