Minutes of council



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MINUTES OF COUNCIL

JULY 25, 2006
The Batesville City Council met in regular session on July 25, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Matthews gave the invocation. Upon roll call the following councilmembers answered present: Fred Krug, Doug Matthews, Dana Mynatt, David Shetron, Stephen Smart and Paula Terrell. The City Clerk was also present. Councilmembers Carpenter and Pectol and City Attorney Scott Stalker were absent.

COMMENTS FROM CITIZENS

Mayor Biard opened the floor for citizen comments. There being none, the floor was closed.



ROUTINE BUSINESS

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



UNFINISHED BUSINESS

**ORDINANCE EXEMPTING THE CITY FROM SHIELDED LIGHTING ACT – 2ND READING

Councilmember Matthews moved to read the proposed ordinance for the second reading by title only. Councilmember Krug seconded and the roll call count was 6 for and 0 against. Mayor Biard read the ordinance by title only and opened the floor for discussion. The ordinance will be placed on the next agenda for the third and final reading.



NEW BUSINESS

**REPORT ON SOUTHSIDE INCORPORATION LITIGATION

Mayor Biard told the council that in the absence of the City Attorney who is recovering from a hip replacement surgery, he retained the serviced of Attorney Bill Walmsley in regards to the Southside Incorporation issue. Mr. Walmsley addressed the council and brought them up to date on the current appeal. After a brief discussion, the Mayor asked the council if they wished to keep Mr. Walmsley on retainer. Councilmember Smart moved to retain Mr. Walmsley through the Circuit Court hearing and Councilmember Krug seconded. All voted for.



**DISCUSSION, AS REQUESTED, ON SPEEDING IN THE CITY

Mr. Richard Black addressed the council on behalf of a large group of citizens concerned about the speeding in Batesville. Mr. Black lives on Main Street and said his main concern is the Main, College and Boswell areas but realizes that there is a problem all over town. He offered a few suggestions such as hiring more police to patrol the problem areas, making Main and College two way from 12th street to 5th street, and placing stop signs or stop lights on Main, College and Boswell. Several other citizens spoke of the speeding problems and said the city needs a long range plan. The council discussed forming a study group of council and citizens to see how best to solve the problem. Councilmember Krug said the council needed to make a decision tonight and they can always change any decision they make. Councilmember Matthews moved to place stops signs for a three way stop on 9th and Main and 8th and College and a four way stop at 8th and Boswell, and to form a study group of councilmembers and citizens to come up with a long range plan for speed control. Councilmember Mynatt seconded and all voted for. Mayor Biard appointed Councilmember Terrell as chair of the study group. Councilmembers Mynatt, Matthews and Shetron volunteered to be on the committee and several members of the audience raised their hands to be a part of the committee.



**CONSIDER AN ORDINANCE ON SMOKE-FREE PARKS AND

RECREATION AREA

Councilmember Terrell introduced an ordinance that would prohibit the use of tobacco products on certain parks and recreation areas owned and leased by the City of Batesville. Mayor Biard read the ordinance in full and opened the floor for discussion. Councilmember Terrell said that the ordinance read was not the most recent version of the ordinance. The council decided to vote down the ordinance before them and have the revised version at the next meeting. Councilmember Matthews moved to suspend the second and third readings and Councilmember Krug seconded. The roll call count was 6 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmembers Shetron seconded. The roll call count was 0 for and 6 against. The motion failed.



COMMENTS FROM DEPARTMENT HEADS

None


COMMENTS FROM COUNCIL MEMBERS

Councilmember Shetron gave the council a copy of the recent bid proposal for the annual audit for the Water Utilities. The Utilities accepted a bid of $4,400.00 plus mileage from Allen Wade Turner & Associates of Searcy, AR.

Councilmember Matthews asked to set the date for the budget review. The council set August 14 and 15 at 5:00 PM to review the budget.

COMMENTS FROM CITY ATTORNEY

None


COMMENTS FROM MAYOR

The council was given a copy of the June, 2006 financial statement.



There being no further business, Councilmember Krug moved that the meeting be adjourned. Councilmember Matthews seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK


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