CITY OF CARROLLTON
COUNCIL MEETING
CITY HALL
AUGUST 24, 2009
7:00 P.M.
COUNCIL: MIKE GORDON
NANCY JO GROBMYER
TAMMY McBURNEY
DEAN MILLER JR
ADAM RAKER
ATTORNEY FOR CITY: NICHOLAS MARSH
ASSISTANT CITY CLERK: SUSIE MCGEE
POLICE OFFICER: JUSTIN DOLL
BUILDING INSPECTOR: JOHN WELCH
MAIN STREET DIRECTOR: SAM BURGESS
PRESS: NEWS DEMOCRAT/SHARON GRAVES
ABSENT: COUNCIL: KEVIN CRAIG
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
GEORGE INGRAM, 1102 9th STREET, COMPLAINED TO COUNCIL ABOUT THE CODE ENFORCEMENT DEALING WITH BUSHES, ETC. ON THE RIGHT-OF-WAY. MR. INGRAM SAID HE SHOULD BE ABLE TO DO WHAT HE WANTED WITH HIS PROPERTY.
THE MAYOR TOLD MR. INGRAM THE CITY WAS NOT GOVERNING WHAT HE DID WITH HIS PROPERTY EXCEPT WHEN IT INVOLVED THE RIGHT-OF-WAY.
MAGGIE BRIERLY, OWNER OF GARRETT ENTERPRISES, WAS IN ATTENDANCE CONCERNING THE “SIDEWALK SALES” ISSUE. MS. BRIERLY WOULD LIKE TO SEE THE ORDINANCE ON SIDEWALKS REVISED TO INCLUDE SIDEWALK SALES.
PAT PERKINS, 805 WINSLOW STREET, WAS IN ATTENDANCE AND CONCERNED WITH THE RECENT VIOLATION NOTICE SENT FOR HEDGES ON THE RIGHT-OF-WAY AT THE CORNER OF 8TH AND WINSLOW. MS. PERKINS SAID THE OWNER CUT THE HEDGES DOWN TO THE GROUND, WHICH AFTER INVESTIGATION, HAVE BEEN THERE FOR 30 YEARS. SHE SAID THERE SHOULD BE MORE COMMON SENSE WHEN APPLYING THE ORDINANCES. THE RESULT DID NOT HELP BEAUTIFY THE CITY BUT HAD THE OPPOSITE EFFECT.
LITA HARELL, OWNER OF PURSE HEAVEN, WAS IN ATTENDANCE BECAUSE OF RECEIVING A NOTICE OF VIOLATION AFTER SETTING OUT A TABLE WITH SOME OF HER WARES. MS. HARELL SAID AS THE ORDINANCE READS NOW, ONLY SEASONAL ITEMS CAN BE DISPLAYED ON THE SIDEWALK AND PURSES DO NOT FALL IN THAT CATEGORY. SHE WOULD LIKE TO SEE A REVISION TO THE SIDEWALK ORDINANCE.
RAE STEVENS, BURGIN’S FLOOR COVERING, ALSO WAS IN ATTENDANCE TO SHOW SUPPORT FOR THE SIDEWALK SALES. THE BUSINESS OWNERS ARE HAVING ENOUGH PROBLEM STAYING IN BUSINESS AND THINGS LIKE SIDEWALK SALES CAN HELP TO DRAW PEOPLE TO THE DOWNTOWN AREA.
GARY WILLHOITE, WORTHVILLE, WAS IN ATTENDANCE CONCERNING SEVERAL UNSIGHTLY BUILDINGS ALONG HIGHLAND AVENUE FROM 7TH TO 5TH STREETS AND A HOME NEXT TO CARROLLTON MANOR. HE SAID THE HOMES NEED TO BE TORN DOWN BECAUSE THEY ARE IN SUCH BAD SHAPE.
PAT PERKINS, 805 WINSLOW ST, ASKED COUNCIL WHY THERE COULDN’T BE A COMMITTEE OF PEERS SET UP TO REVIEW THE VIOLATIONS AND MAKE RECOMMENDATIONS TO COUNCIL. THEY COULD ALWAYS OVERRULE THE RECOMMENDATIONS IF THEY SO CHOOSE.
COUNCILMAN MILLER SAID HE REALIZES ART AND JOHN ARE DOING THEIR JOBS AND ENFORCING THE ORDINANCES AS THEY ARE WRITTEN BUT THOUGHT THERE ARE A LOT OF ORDINANCES WHICH ARE OUTDATED. SOME HAVEN’T BEEN ENFORCED FOR 30 YEARS AND NOW THEY ARE TRYING TO ENFORCE THEM AND THE RESIDENTS ARE GETTING UPSET. IT SEEMS TO HIM THE ORDINANCES SHOULD BE LOOKED AT AND REVISED TO MEET THE NEEDS NOW.
LITA HARELL, OWNER OF PURSE HEAVEN, ALSO ASKED FOR ADVISE ON THE PROBLEM WITH PANHANDLING FROM THE CARROLLTON MANOR RESIDENTS.
ATTORNEY, NICHOLAS MARSH, SAID THE POLICE CAN CITE THE RESIDENTS FOR PANHANDLING BUT IT WOULD BE THROWN OUT IN COURT BECAUSE MOST WOULD BE FOUND INCOMPETENT.
ATTORNEY MARSH SAID SINCE THE OWNERS OF THE FACILITY ARE NOT WILLING TO HELP WITH THE MATTER, THE ONLY OTHER WAY WOULD BE TO CALL THE STATE DEPARTMENT THAT LICENSES THE FACILITY AND SEE IF THEY COULD GET IT STOPPED.
APPROVAL OF MINUTES: REGULAR MEETING: AUGUST 10, 2009 AND SPECIAL MEETING: AUGUST 13, 2009
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO APPROVE THE MINUTES AS PRESENTED.
AYES 5 NAYS 0
2ND READING: ORDINANCE #09-12: SETTING STEP RAISE AMOUNTS FOR PUBLIC WORKS
THE SECOND READING OF ORDINANCE #09-12, SETTING STEP RAISE AMOUNTS FOR PUBLIC WORKS, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILWOMAN GROBMYER AND DULY CARRIED TO ACCEPT THE SECOND READING OF ORDINANCE #09-12.
AYES 5 NAYS 0
2ND READING: ORDINANCE #09-13: SETTING TAX RATE FOR 2009 ADVALOREM TAXES AT $0.28 PER $100 ASSESSMENT
THE SECOND READING OF ORDINANCE #09-13, SETTING THE TAX RATE FOR 2009 ADVALOREM TAXES AT $0.28 PER $100 ASSESSMENT, WAS READ BY ATTORNEY NICHOLAS MARSH.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILWOMAN McBURNEY AND DULY CARRIED TO ACCEPT THE SECOND READING OF ORDINANCE #09-13.
AYES 5 NAYS 0
MAYOR: RECOMMENDATION FOR CLASSIFICATION/COMPENSATION PLAN FOR POLICE DEPARTMENT STEP RAISES AND FIRE/TELECOMMUNICATIONS
MAYOR LOUDEN SAID HE ORIGINALLY THOUGHT ONE GRADE WOULD BE THE BEST FOR ALL THE DEPARTMENTS, BUT AFTER LOOKING AT THE UTILITIES AND THEIR STEP PROGRAM, HE THOUGHT STEPS WOULD WORK IN THE PUBLIC WORKS AND FIRE/TELECOMMUNICATIONS BUT NOT THE POLICE DEPARTMENT.
THE MAYOR REPORTED THAT AFTER TALKING WITH CHIEF WILLHOITE, THE POLICE DEPARTMENT GRADES ARE SET UP MORE LIKE THE MILITARY AND SHOULD BE LEFT ALONE.
THE MAYOR ASKED ATTORNEY MARSH TO HAVE THE FIRE
/ TELECOMMUNICATIONS CLASSIFICATION/COMPENSATION PLAN, WITH STEP RAISES, READY FOR THE NEXT COUNCIL MEETING.
DISCUSSION: CITY EASEMENT/RIGHT-OF-WAY ENCROACHMENT PERMITS
MAYOR LOUDEN ASKED COUNCIL FOR DIRECTION ON THE PROBLEM WITH CITY RESIDENTS ENCROACHING ON CITY RIGHT-OF-WAY WITH FENCES, BUSHES, ETC. HE AND JOHN HAD LOOKED ON THE INTERNET AND FOUND A COUPLE OF ENCROACHMENT PERMITS THAT COULD BE HELPFUL.
GEORGE INGRAM, 1102 9TH STREET, ASKED IF COUNCIL WAS GOING TO GOVERN HIS RIGHT TO PUT A FENCE ON HIS PROPERTY.
MAYOR LOUDEN ADVISED MR. INGRAM THEY WERE ONLY CONCERNED WITH THE RIGHT-OF-WAY AND HE WAS ABLE TO FENCE HIS PROPERTY AS LONG AS IT IS NOT ON THE RIGHT-OF-WAY.
BUILDING INSPECTOR JOHN WELCH RAISED THE QUESTION ABOUT WHAT WOULD BE DONE WITH WHAT WAS ALREADY IN THE RIGHT-OF-WAY? WOULD THE CITY GRANDFATHER THEM?
COUNCILMAN MILLER ASKED IF THE CITY COULD BE HELD LIABLE IF AN ENCROACHMENT PERMIT IS ISSUED?
THE COUNCIL ASKED ATTORNEY MARSH TO INVESTIGATE THE ENCROACHMENT PERMITS AND REPORT BACK AT THE SEPTEMBER 14TH MEETING
AFTER FURTHER DISCUSSION, THE MAYOR ASKED THE COUNCIL TO LOOK AT BOTH ORDINANCE 92.03 AND 156.047 WHICH DEAL WITH THE CITY RIGHT-OF-WAY AND THINK ABOUT WAYS THIS CAN BE RESOLVED.
DISCUSSION: HOME OCCUPATION
COUNCILMAN MILLER ASKED IF THE COUNCIL COULD PASS ON TALKING ABOUT HOME OCCUPATION AT THIS MEETING.
ATTORNEY MARSH SAID THE COUNCIL HAS NOT RECEIVED ANY RECOMMENDATIONS ON REVISION OF THE HOME OCCUPATION ORDINANCE FROM THE PLANNING AND ZONING SO THEY COULD NOT MAKE ANY DECISIONS AT THIS TIME.
MAYOR LOUDEN SAID THE COUNCIL HAD MADE THE RECOMMENDATION THE DEFINITION OF GARAGE SHOULD SAY “ATTACHED BY COMMON WALL” TO PRIMARY STRUCTURE.
MAIN STREET DIRECTOR, SAM BURGESS, WHO WAS IN ATTENDANCE, SAID AS A PLANNING AND ZONING MEMBER HE HAD A QUESTION.
WHAT ABOUT THE OLDER HOMES WHICH WERE BUILT WITHOUT A GARAGE AND BUILT A DETACHED GARAGE LATER. IF THE ORDINANCE STATES THE GARAGE MUST SHARE A COMMON WALL WITH THE HOME, WOULDN’T THAT DISCRIMINATE AGAINST THOSE RESIDENTS?
MAYOR LOUDEN SAID THOSE RESIDENTS COULD STILL HAVE A HOME OCCUPATION BUT IT WOULD HAVE TO BE INSIDE THE HOME.
THE HOME OCCUPATION CAN ONLY BE A SERVICE ORIENTED BUSINESS: NO RETAIL SALES.
MAYOR’S REPORTS
REQUEST: DONATION FOR ONE PAGE AD IN KENTUCKY ECONOMIC DEVELOPMENT GUIDE MAGAZINE
THE MOTION WAS MADE BY COUNCILWOMAN McBURNEY AND SECONDED BY COUNCILWOMAN GROBMYER TO DONATE $1000.00 FOR AD IN KENTUCKY ECONOMIC DEVELOPMENT GUIDE MAGAZINE.
DISCUSSION FOLLOWED.
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN GORDON AND DULY CARRIED TO AMEND THE ORIGINAL MOTION TO AUTHORIZE THE MAYOR TO MAKE THE DONATION OF $1000 ONLY IF ALL OTHER MONIES ARE RAISED.
AYES 5 NAYS 0
COUNCIL VOTED ON THE ORIGINAL MOTION AS AMENDED.
AYES 5 NAYS 0
FY 2009-2010 PAVING LIST
THE MOTION WAS MADE BY COUNCILMAN MILLER AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO ACCEPT THE PAVING LIST FOR FISCAL YEAR 2009-2010.
AYES 5 NAYS 0
COUNCILMAN GORDON MENTIONED HE THOUGHT THE GRAVEL PARKING AREA BY THE SKATE PARK AND THE DIRT PARKING AREA BY THE BASKETBALL COURT WOULD LOOK BETTER IF THEY WERE PAVED. THE DECISION WAS MADE TO GET BIDS ON THESE TWO AREAS AND IF THERE IS MONEY LEFT IN THE BUDGET FOR PAVING THEY WOULD BE PAVED.
COMMENTS
COUNCILMAN GORDON SAID HE THOUGHT THE ORDINANCES SHOULD BE LOOKED AT BY THE SUPERVISORS OF THE APPROPRIATE DEPARTMENTS AND ANY REVISIONS BE BROUGHT TO THE COUNCIL, EVEN IF IT TOOK SEVERAL YEARS TO COMPLETE.
COUNCILMAN RAKER CONCURRED.
ADJOURNMENT
THE MOTION WAS MADE BY COUNCILMAN GORDON AND SECONDED BY COUNCILMAN RAKER AND DULY CARRIED TO STAND IN ADJOURNMENT AT THE HOUR OF 8:45 P.M.
AYES 5 NAYS 0
ATTEST:
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DWIGHT D. LOUDEN, MAYOR SUSIE MCGEE, ASST CITY CLERK