City of Mount Washington
Minutes of the Regularly Scheduled Council Meeting
April 22, 2002
City Hall Annex Building, 186 Branham Way
6:30 p.m.


Mayor Ed Hilbert called the meeting to order at 6:30 p.m. with the following members present: Barry Armstrong, Sam Beichler, Sid Griffin, Ralph Lutes, Frank Sullivan and Brent Wheeler.

The City Attorney, City Engineer, Utility Superintendent, City Treasurer and City Clerk were also present.

The invocation was given by Mark Wilson of Mt. Washington United Methodist Church.

Sid Griffin made a motion to accept the minutes of the April 8, 2002 meeting with one correction. Sam Beichler seconded the motion. Motion passed. (Unan.)

Kim Fell presented the Treasurers Report. Frank Sullivan made a motion to accept the Treasurers Report. Brent Wheeler seconded the motion. Motion passed. (Unan.)

Linda Gray, from Kapp & Company Certified Public Accountants of Louisville, Kentucky, presented the annual financial statements for fiscal year July 2000-June 2001. In summary, Ms. Gray stated that the City received a clean audit opinion for both City and Water and Sewer. Cash balance was good and there were some additions to the fixed assets. The fixed assets in the Water and Sewer fund are depreciated over the useful life. The accounts payable and receivables were about the same as last year. The city did have some new loans. The sewer belt press loan and the Kentucky League of City loans. There were no significant changes when doing the analytical review. Ms. Gray has audited and has documentation on every balance sheet account and also significant accounts and transactions in the revenue and expenditures. The revenue and expenditures were similar to the prior year and were within budget. Ms. Gray commented that the staff was very competent and helpful and she enjoyed working with the City. She will be returning in a few months to begin the fiscal year audit for 2001-2002.

The second reading was conducted on Ordinance 2002-08 to enact and adopt a supplement to the code of Ordinances of the City of Mt. Washington. Brent Wheeler made a motion to adopt Ordinance 2002-08. Ralph Lutes seconded the motion. Motion passed. (Unan.)

The discussion on enclosures for garbage dumpsters was postponed until cost information could be brought to the Council and Council member Sam Beichler and City Attorney Joe Wantland could meet on the issue.

Betty Froelicker addressed the Council about development in the City. In summary, she prefaced her statements by stating that she knows that anybody that has property has the right to sell it and the person that buys it has the right to develop it. She knows that the Council has worked very hard to watch the development of infrastructure within a development. But on re-zoning issues, she stated that developers bring construction plans to the Council, but do not follow through on the plans presented. She mentioned promises made by Bethel Branch Subdivision at the time of rezoning , and problems with a development on Flatlick road and Nature Cove Subdivision. She stated the Council is now faced with development on Armstrong Lane and she asks that the when the Council is approached by a developer for re-zoning, the Council not listen to what might be planned or what the developer hopes to do, but let the developer know that if they intend to develop, they must be required to meet the needs and address the problems of the area before re-zoning will be approved. City Attorney Joe Wantland mentioned that he and Sam Beichler have met with the Planning Commission as representatives of the City as directed by the Council, insisting that an amendment to the new development code require "site plan certain" by developers so that there will no longer be blanket zoning and developers and cities both stick to their commitments.

Ted Bennett, owner of a body shop in Mt. Washington, addressed the Council about the enclosures around garbage dumpsters. In summary, he stated he had no room to put a fence around his dumpster and that dumpsters that have fences around them now have been torn up by the garbage trucks running into them and look worse. He also stated that he didn't appreciate some Council members stating he is spreading rumors about sewers when he feels that the City knew about it and expects apologies.

Scott Williams addressed the Council in regard to garbage dumpsters. In summary, he stated he used to own two different garbage companies and feels that there are good and bad points on enclosing dumpsters. He stated the bad points are that trucks do hit the enclosures, people throw trash over the enclosure instead of going though and opening the lid. He doesn't think enclosures will help the litter problem. Lock bars can be used to keep people out of the dumpsters if needed. He stated that the enclosures would have to have height and size requirements and would be costly.

During the report from Council, due to the comments on dumpster enclosures, Sam Beichler asked City Attorney to drop the proposed ordinance on enclosures to dumpsters. No vote was needed. This ordinance was for discussion only.

Also during the report from Council, the Mayor announced that the City received a letter from the Division of Water dated April 17, 2002. In summary, Dave Derreck, City Engineer, explained that the City has known that there has been a problem with clear water entering the sewer system when the city has heavy rains, primarily in the winter and spring time. This is both ground water and surface water that is called infiltration and inflow into the system. The City recognized this some time ago and have been working on it. The City has budgeted money for it and earlier this year purchased equipment and expended time by city personnel to reduce this problem. This will be an on-going program. The City has already made progress by making some improvements. The Division of water over the last few months has reviewed the City's reports and records and have come to the same conclusion that the City has a problem with infiltration and inflow. The notice received today from Division of Water stated that they felt we did have a problem with the infiltration and inflow. The City will be meeting with the Division of Water in the next few weeks to discuss this further. The Division of Water may agree with our program or they may add different components to our program. Restrictions may be placed on the City for future development in the form of a sewer sanction where they look at individual developments and their impact to the system as well as the progress the City is making to solve the problem.

Ralph Lutes made a motion to enter into executive session at 7:22 p.m. to discuss property acquisition. Sam Beichler seconded the motion. Motion passed. (Unan.)

Sid Griffin made a motion to reconvene open session at 8:48 p.m. Brent Wheeler seconded the motion. Motion passed. (Unan.)

There was no action taken as a result of executive session.

There being no further business before the Council, Ralph Lutes made a motion to adjourn the meeting. Barry Armstrong seconded the motion. Motion passed. (Unan.)

The meeting was adjourned at 8:48 p.m.