CITY OF CARROLLTON
COUNCIL MEETING
CITY HALL
AUGUST 10, 2009
7:00 P.M.
COUNCIL: KEVIN CRAIG
MIKE GORDON
NANCY JO GROBMYER
TAMMY McBURNEY
DEAN MILLER JR @ 7:05 P.M.
ADAM RAKER
ATTORNEY FOR CITY: NICHOLAS MARSH
CLERK/TREASURER: BECKY H. PYLES
POLICE CHIEF: MICHAEL WILLHOITE
FIRE CHIEF: RANDY THARP
PUBLIC WORKS SUPER: RONNIE KNIGHT
BUILDING INSPECTOR: JOHN WELCH
CODE OFFICIAL: ARTHUR ZOOK
UTILITIES MANAGER: BILL OSBORNE
CCCDC: JOAN MOORE
MAIN STREET DIRECTOR: SAM BURGESS @ 7:25 P.M.
TEEN COUNCIL MEMBERS: ANGELA R. WOODS
WILLIAM C. YAGER
PRESS: NEWS DEMOCRAT/SHARON GRAVES
CALL TO ORDER
THE MEETING WAS CALLED TO ORDER AT THE HOUR OF 7:00 P.M. BY MAYOR LOUDEN. MAYOR LOUDEN OFFERED AN INVOCATION, FOLLOWED WITH THE PLEDGE OF ALLEGIANCE.
RECOGNITION OF GUESTS
LARRY MORGAN, REPRESENTING THE CARROLLTON LIONS CLUB, REQUESTED FUNDS FOR THE LIONS CLUB 1ST EVENT: A 5K RUN/WALK ON SEPT 26TH.
ATTORNEY MARSH TOLD MR. MORGAN THE CITY CAN NOT OBLIGATE MONEY FOR THAT KIND OF EVENT BUT COUNCIL CAN GIVE INDIVIDUALLY.
CARROLL COUNTY TOBACCO FESTIVAL : SEPTEMBER 24, 25 & 26, 2009: STREET CLOSURE REQUEST
DAISY HUGHES AND HAZEL WILLHOITE, CARROLL COUNTY TOBACCO FESTIVAL COMMITTEE, PASSED OUT A LETTER REQUESTING STREET CLOSURES AND PORT-O-LETS FOR THE FESTIVAL WHICH WILL BE HELD SEPTEMBER 24, 25, AND 26, 2009.
LIST OF REQUESTED STREETS FOLLOWS:
TUESDAY: CLOSE COURT STREET TUESDAY NIGHT @ MIDNIGHT
AND REMAIN CLOSED THRU THE WEEKEND.
WEDNESDAY: CLOSE 5TH STREET ON COURTHOUSE SIDE WEDNESDAY
NIGHT AFTER BINGO THRU SATURDAY AT MIDNIGHT.
WEDNESDAY: CLOSE MAIN STREET FROM OLD MEXICAN RESTAURANT
TO 5TH STREET AT 12:00 P.M. UNTIL SATURDAY MIDNIGHT
(WILL OPEN TO ALLOW FOR SCHOOL BUS PASSAGE).
THURSDAY: CLOSE 5TH STREET @ HIGHLAND AND MAIN STREET AND
MAIN STREET FROM 4TH TO 5TH STREET @ 3:00 P.M.,
REOPEN @ MIDNIGHT.
FRIDAY: CLOSE 5TH STREET @ HIGHLAND AND MAIN STREET @
12:00 P.M. AND REMAIN CLOSED THROUGHOUT THE
FESTIVAL.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO CLOSE THE STREETS AS REQUESTED.
AYES 6 NAYS 0
THE REQUESTED PORT-O-LETS ARE IN THE BUDGET.
APPROVAL OF MINUTES: REGULAR MEETING: JULY 27, 2009
THE MOTION WAS MADE BY COUNCILWOMAN McBURNEY AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO APPROVE THE MINUTES AS PRESENTED.
AYES 6 NAYS 0
2ND READING: ORDINANCE # 09-11: NAMING POST OFFICE ALLEY BETWEEN HIGHLAND AVENUE AND SYCAMORE: POSTAL ALLEY
THE SECOND READING OF ORDINANCE #09-11, NAMING THE POST OFFICE ALLEY BETWEEN HIGHLAND AVENUE AND SYCAMORE, PARALLEL WITH FIFTH STREET AND SIXTH STREET, ”POSTAL ALLEY”, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN CRAIG AND DULY CARRIED TO ACCEPT THE SECOND READING OF ORDINANCE #09-11.
AYES 6 NAYS 0
1ST READING : ORDINANCE #09-12: SETTING STEP RAISE AMOUNTS FOR PUBLIC WORKS
THE MOTION WAS MADE BY COUNCILWOMAN McBURNEY AND SECONDED BY COUNCILWOMAN GROBMYER AND DULY CARRIED TO HAVE THE 1ST READING OF ORDINANCE #09-12.
AYES 6 NAYS 0
THE FIRST READING OF ORDINANCE #09-12, SETTING STEP RAISE AMOUNTS FOR PUBLIC WORKS STEP PROGRAM, WAS READ BY ATTORNEY NICHOLAS MARSH.
2ND READING AUGUST 24, 2009
1ST READING: ORDINANCE #09-13: CREATING STEP RAISE PROGRAM AND SETTING COMPENSATION FOR FIRE/TELECOMMUNICATIONS.
ATTORNEY MARSH POINTED OUT INCONSISTENCIES BETWEEN THE STEP PROGRAM FOR THE FIRE AND POLICE DEPARTMENTS AND ASKED COUNCIL TO PUT OFF THE 1ST READING OF ORDINANCE #09-13 UNTIL THE AUGUST 24, 2009 MEETING.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO HAVE THE MAYOR MAKE RECOMMENDATION TO COUNCIL ON THIS ISSUE AT THE AUGUST 24, 2009 MEETING.
AYES 6 NAYS 0
RESOLUTION #R09-05: AUTHORIZE MAYOR TO ACCEPT KIA GRANT AND SIGN ALL RELATED DOCUMENTS
RESOLUTION #R09-05, AUTHORIZING THE MAYOR TO ACCEPT KIA GRANT AND SIGN ALL RELATED DOCUMENTS, WAS READ BY ATTORNEY NICHOLAS MARSH.
BILL OSBORNE, UTILITIES MANAGER, NOTED THIS WAS A $300,000 GRANT TO BE USED AS THE MATCHING FUNDS FOR THE E.D.A. GRANT APPLICATION.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-05 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-06: SET 2010 MOTOR VEHICLE TAX RATE @ 0.26 PER $100 ASSESSMENT
RESOLUTION #R09-06, SETTING 2010 MOTOR VEHICLE TAX RATE AT 0.26 PER $100 ASSESSMENT, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILWOMAN McBURNEY AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-06 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-07: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-07, AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-07 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-08: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-08 AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO ACCEPT RESOLUTION #R09-08 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-09: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-09, AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-09 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-10: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-10, AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN RAKER AND SECONDED BY COUNCILMAN GORDON AND DULY CARRIED TO ACCEPT RESOLUTION #R09-10 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-11: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-11, AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO ACCEPT RESOLUTION #R09-11 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-12: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-12, AUTHORIZING THE MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-12 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-13: AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-13, AUTHORIZING MAYOR TO PURCHASE PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN CRAIG AND DULY CARRIED TO ACCEPT RESOLUTION #R09-13 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-14: AUTHORIZING MAYOR TO SETTLE LAWSUIT WITH MELVIN LYONS ON BEHALF OF CITY OF CARROLLTON
RESOLUTION #R09-14, AUTHORIZING MAYOR TO SETTLE LAWSUIT # 08-CI-00283 BETWEEN CITY OF CARROLLTON AND MELVIN LYONS ON BEHALF OF CITY OF CARROLLTON, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO ACCEPT RESOLUTION #R09-14 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-15: AUTHORIZING MAYOR TO DISPOSE OF PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION
RESOLUTION #R09-15, AUTHORIZING MAYOR TO DISPOSE OF PROPERTY IN CARROLLTON, EXPEND NECESSARY FUNDS AND SIGN DOCUMENTS TO EFFECT TRANSACTION, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN RAKER AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO ACCEPT RESOLUTION #R09-15 AS READ.
AYES 6 NAYS 0
RESOLUTION #R09-16: AUTHORIZE MAYOR TO SIGN INTERLOCAL AGREEMENT WITH OWEN COUNTY FOR EAGLE CREEK PROJECT
RESOLUTION #R09-16, AUTHORIZING THE MAYOR TO SIGN INTERLOCAL AGREEMENT WITH OWEN COUNTY FOR EAGLE CREEK, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILWOMAN GROBMYER AND SECONDED BY COUNCILMAN RAKER TO ACCEPT RESOLUTION #R09-16 AS READ.
AYES 6 NAYS 0
DEPARTMENT REPORTS
TEEN COUNCIL
ANGELA WOODS, TEEN COUNCIL REPRESENTATIVE, ADVISED COUNCIL SCHOOL’S OPENING DAY WAS AUGUST 6TH AND THE FALL SPORTS ARE IN FULL SWING. A CLUB FAIR HAS BEEN SCHEDULED ON AUGUST 18TH.
PUBLIC WORKS
RONNIE KNIGHT, PUBLIC WORKS SUPERVISOR, UPDATE COUNCIL ON THE FOLLOWING:
* 4” RAIN STORM IDENTIFIED SOME STORM DRAINS HAVE SLOW DRAINAGE.
* DRAIN ON HIGHLAND , WHICH IS A “STATE DRAIN”, DOES NOT
WORK PROPERLY @ THE CORNER OF 5TH AND HIGHLAND.
* SWEEPER TRUCK DOWN – HAD TO HAVE PART MADE.
UTILITIES
CARROLLTON UTILITIES MANAGER, BILL OSBORNE UPDATED COUNCIL ON THE FOLLOWING:
* B P GAS PROJECT – CITI BANK EXTENDED GUARANTEED INTEREST
FOR ANOTHER MONTH.
* HAPPY HOLLOW PROJECT BIDDING WILL BE TUESDAY, 8/11/09.
CCCDC
JOAN MOORE, CCCDC DIRECTOR, UPDATED COUNCIL ON THE GRANTS RECEIVED/APPLIED FOR:
* APPLIED FOR EARLY HEAD START GRANT FOR 2.3 MILLION TO
CREATE SERVICES FOR PREGNANT WOMEN, INFANTS, CHILDREN UP TO
AGE 3.
* RECEIVED $250,000 GRANT FOR HEALTH AND SAFETY PARTNERSHIP
WHICH INCLUDES CARROLL, GRANT, OWEN, GALLATIN COUNTIES.
A COMMON NEED IN ALL FOUR COUNTIES IS TO HAVE A RESOURCE
PERSON WITH A 1- 800 NUMBER WITH ALL RESOURCES AVAILABLE.
CARROLL COUNTY WOULD LIKE TO HAVE RESOURCE COORDINATOR
TO OBTAIN GRANTS AND FUNDING.
POLICE DEPARTMENT
POLICE CHIEF, MICHAEL WILLHOITE, UPDATED COUNCIL ON THE FOLLOWING:
* TWO NEW OFFICERS, JUSTIN DOLL AND MICHAEL JUMP, ARE
PATROLLING ON THEIR OWN AND DOING A GOOD JOB.
* RECEIVED THREE GRANTS IN AUGUST TOTALING $30,000:
1. PHARMACY RECOVERY GRANT
2. T.A.P. GRANT RENEWED
3. $16,000 RECOVERY ASSISTANCE GRANT FOR NEW RADARS/RADIOS
FIRE DEPARTMENT
FIRE CHIEF RANDY THARP ADVISED COUNCIL HIS VOLUNTEER FIREMEN ARE REQUESTING A SMALL MEMORIAL SECTION OUTSIDE OF THE FIRE BAY AT THE END OF THE SIDEWALK TO HONOR FORMER ASSISTANT FIRE CHIEF, JOE BROWN, WHO DIED IN 1937 IN THE LINE OF DUTY.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN McBURNEY AND DULY CARRIED TO GRANT REQUEST.
AYES 6 NAYS 0
BUILDING INSPECTOR
BUILDING INSPECTOR, JOHN WELCH, UPDATED THE COUNCIL ON THE FOLLOWING:
*HAS RECEIVED A FLOOD PLAIN ASSESSMENT SHOWING A FEW SITES
WHICH NEED TO CEASE DUMPING OF CONCRETE, WITH DIRT PLACED
AND SEEDED. JOHN WILL ISSUE THEM A LETTER AND CARBON COPY
THE LETTERS TO THE DIVISION OF WATER.
CLERK-TREASURER
CLERK TREASURER, BECKY PYLES, UPDATED COUNCIL ON THE FOLLOWING:
* 2009 TAXES PUBLIC HEARING AND SPECIAL MEETING SET FOR
THURSDAY , AUGUST 13, 2009.
* CURRENTLY WORKING WITH THE AUDITORS ON THE 08-09 AUDIT.
MAIN STREET
MAIN STREET DIRECTOR, SAM BURGESS, SAID BEFORE HIS REPORT HE WOULD LIKE TO SPEAK AS A BOARD OF ADJUSTMENT MEMBER. MR. BURGESS SAID UPON RETURNING FROM VACATION HE WAS TAKEN ABACK BY THE MAYOR’S STATEMENT CONCERNING THE B.O.A.’S INTERPRETATION OF THE ORDINANCE FOR GRANTING HOME OCCUPATIONS PERMITS.
AS A MEMBER OF THE BOARD OF ADJUSTMENTS HE SAID THEY MAKE THEIR DECISIONS BASED ON THE GUIDANCE OF THE CODE ENFORCEMENT OFFICER, JOHN WELCH. THE BOARD ALWAYS ASKS IF THE APPLICATIONS HAVE MET THE ORDINANCE REQUIREMENTS BEFORE GRANTING APPROVAL.
MAIN STREET DIRECTOR, SAM BURGESS, UPDATED THE COUNCIL ON THE FOLLOWING:
*LOOKING INTO THE WIRELESS EQUIPMENT FROM MERAKI TO SEE IF IT IS APPROVED IN THE STIMULUS PLAN, IF SO, IT COULD BE USED TO EXTEND WIRELESS APPLICATION IN CARROLLTON,
* 1ST FRIDAY FOR AUGUST A SUCCESS
* CITY NEEDS TO DO INCENTIVE PACKAGES TO ENCOURAGE
DOWNTOWN BUSINESS.
* WILL ATTEND MEETING IN FRANKFORT IN OCTOBER TO SEE WHAT’S
GOING ON IN OTHER KENTUCKY CITIES.
MAYOR’S REPORTS
HOME OCCUPATION
MAYOR LOUDEN ADDRESSED THE CONCERN OF B.O.A. MEMBER, SAM BURGESS. MAYOR LOUDEN SAID HE HAD STATED THAT THE ORDINANCE WAS AMENDED WHILE HE WAS ON COUNCIL AND HE DID NOT THINK HOME OCCUPATIONS WERE TO BE IN AUXILIARY BUILDINGS. . HE DID NOT FEEL GARAGES, EVEN THOUGH ATTACHED BY A BREEZEWAY, WAS THE INTENT OF THE ORDINANCE. HE HAD ASKED COUNCIL FOR THEIR THOUGHTS ON THE “INTENT” AT THE LAST MEETING.
JOHN WELCH, BUILDING INSPECTOR, SAID HE THINKS IT SHOULD BE CLARIFIED IN DEFINITION.
SPECIAL MEETING THURSDAY, AUGUST 13, 2009 @ 12:00 P.M.
EXECUTIVE SESSION: LITIGATION
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO ENTER INTO EXECUTIVE SESSION AT THE HOUR OF 8:11 P.M.
AYES 6 NAYS 0
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO COME OUT OF EXECUTIVE SESSION AT THE HOUR OF 9:08 P.M.
AYES 6 NAYS 0
AUTHORIZE MAYOR TO TAKE LEGAL ACTION AGAINST THOSE PROPERTIES IN VIOLATION OF NUISANCE ORDINANCE.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN MILLER AND DULY CARRIED TO AUTHORIZE THE MAYOR TO TAKE LEGAL ACTION AGAINST THOSE PROPERTIES IN VIOLATION OF NUISANCE ORDINANCE.
AYES 6 NAYS 0
APPROVAL OF ACCOUNTS PAID/PAYABLE THRU AUG. 11, 2009
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN CRAIG AND DULY CARRIED TO APPROVE ACCOUNTS PAID/PAYABLE THRU AUGUST 11, 2009.
AYES 6 NAYS 0
APPROVAL OF FINANCIAL REPORT
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO APPROVE THE FINANCIAL REPORT.
AYES 6 NAYS 0
COMMENTS
ATTORNEY, NICHOLAS MARSH, REMINDED COUNCIL THE CHAMBER BANQUET IS THURSDAY, AUGUST 13TH .
ADJOURNMENT
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO STAND IN ADJOURNMENT AT THE HOUR OF 9:15 P.M.
AYES 6 NAYS 0
ATTEST:
___________________________________ _______________________________________
DWIGHT D. LOUDEN, MAYOR BECKY H. PYLES, CLERK-TREAS.