City of Mount Washington
Minutes of the Regularly Scheduled Council Meeting
August 14, 2006
City Hall Annex Building, 186 Branham Way
Mayor Sullivan called the meeting to order at 6:46pm with the following Council members present: Joetta Calhoun, Ralph Lutes, Sid Griffin, Lloyd Dooley and Larry Porter.
Also present were City Clerk Christi Franklin, City Treasurer Peggy Brinkman, Utility Superintendent Ronnie Fick, City Engineer Dave Derrick and City Attorney Jim Winchell.
Ralph Lutes gave the invocation and led the Pledge of Allegiance.
Minutes
Christi Franklin read the minutes of the July 24, 2006 Council meeting. Ralph Lutes made a motion to accept the minutes as written. Larry Porter seconded the motion. Motion passed unanimously by a roll call vote.
Police Report
Chief Rodney Hockenbury presented the police report for July 2006.
Mayor Sullivan discussed the recent incidents at the Kentucky Baptist Home for Children. He said he feels it is a good possibility the City did not receive the entire story about the Kentucky Baptist Home. He feels it is not appropriately staffed which resulted in four incidents this month. It the incidents keep occurring, the City may need to take further actions such as fencing in the property and/or hiring an additional police officer. He plans on notifying the director that the program was misrepresented to the City and the level of children at the facility is higher than previously stated to the City. Chief Hockenbury discussed the escapes by the children and the impact on the police department. He said the police department is working closing with the staff. Discussion followed. Sid Griffin said he feels the City was misled about the level of children at the home and the number and type of incidents that occurred at the home. He also feels the home is in the wrong location.
Ordinances
The Council held second reading of an ordinance to accept or reject the recommendation of the Bullitt County Joint Planning Commission to re-zone 43.6 acres, more or less (Docket No. 2006Z-21) known as the R. Miles Properties, LLC property located at the northwest intersection of Bethel Church Road and Gentry Lane from Agricultural to R-2 Residential. Lloyd Dooley made a motion to accept the recommendation of the Planning Commission and re-zone the R. Miles Properties, LLC property. Sid Griffin seconded the motion. Motion passed unanimously by a roll call vote.
Insurance Premium Tax Discussion
Joetta Calhoun discussed the terms of the existing contract with Bullitt County for insurance premium tax revenue sharing and said the contract was entered into in January 2005 with ratification every two years with every new Council beginning in March 2007. With at least four new Council members to take office in January, she doesn’t feel it is useful for the current Council to discuss this issue. The current Council cannot do anything. Mayor Sullivan would like to at least begin discussion on the subject. Discussion followed. Larry Porter discussed the possibility of funding the DES personnel by the insurance premium tax. Due to the resignation of Melvin Davis, Mayor Sullivan asked the Council if the City should re-hire for that position. Discussion followed. Joetta Calhoun made a motion to table the discussion of the insurance premium tax until 2007. Larry Porter seconded the motion. Motion passed unanimously by a roll call vote.
Guests to Address the Council
Jennifer Keller, owner of Slow Rides, stated she was told by Barry Armstrong that patrons of her restaurant could not drink beer on the deck. She said she was told by Bullitt County that if the roof over a deck is attached to the restaurant, it is considered part of the restaurant. Barry Armstrong said that although State law says you can take beer outside the restaurant, the City’s ordinance says they cannot. He discussed his interpretation of this section of the ordinance and quoted from the ordinance. He said if Slow Rides encloses the patio it will be sufficient. Mr. Armstrong said two other businesses are also affected by this section of the ordinance. Jim Winchell discussed the definition of “premise” and said if the deck is considered part of the business, it is part of the premise and therefore legal to drink beer on the deck. Discussion followed.
Steve Hardison, 214 Spencer Lane, asked for some street lights in Wilchar Estates Section 2 to be repaired and asked for additional street lights. Ronnie Fick stated the developers pay for street lights spaced every 400 to 500 feet apart, or are at corners or intersections. He measured those lights and most are closer than they should be. Mayor Sullivan said the City will take another look at it. Mr. Fick said he will talk to Salt River and see if they have another lens for the lights. Mr. Hardison also asked for a stop sign at Justin Trail and Fairway because it is a dangerous intersection. Ronnie Fick said there is not a stop sign at that intersection, because it is only 160 feet from the next stop sign. KRS law states you cannot use stop signs to slow down traffic. The police department should be addressing this issue. Discussion followed. Mayor Sullivan will have the police department patrol that area. Mr. Hardison also addressed construction trucks coming in Justin Trail going back Nami Court into the new development. He understands they should be coming in Flatlick by Greenbriar. Ronnie Fick said he has not heard that this construction entrance is required. Mr. Hardison said the cement trucks are cleaning the cement out of their trucks on the first lot in Wilchar. Ronnie said they are supposed to take that with them and asked if someone can call when this happens. Mr. Hardison said most people work during the day.
Andy Hardin said the drainage ditch from the police station is flooding his back yard. His wife was promised at least 2 ˝ months ago that it would be fixed. Ronnie Fick said this will be fixed tomorrow.
Chris Harbin discussed fencing of dumpsters. He submitted a list of those still not in compliance. Mayor Sullivan said the extension deadline is August 24th. Mr. Harbin asked when the City will start fining those not in compliance. Discussion followed regarding who was required to erect a fence around their dumpsters. Joetta Calhoun made a motion that after the August 24th deadline, fine those not in compliance and not issue any additional extensions. Larry Porter seconded the motion. Motion passed by a vote of 4 to 1 as follows:
Yes No
Joetta Calhoun Sid Griffin
Lloyd Dooley
Ralph Lutes
Larry Porter
Sid Griffin made a motion to change the dumpster fencing ordinance to state anyone inside the City limits that has a dumpster must erect a fence around the dumpster. Larry Porter seconded the motion. Motion failed by a vote of 2 to 3 as follows:
Yes No
Sid Griffin Joetta Calhoun
Larry Porter Lloyd Dooley
Ralph Lutes
Billy Calvert, 545 Bardstown Road, discussed the loud music at Slow Rides. Jim Winchell stated that any music played from 11:00pm to 7:00am heard at a distance of 50 feet is prohibited. He said even if it is outside the time frame and is unreasonably loud, harsh or excessive and is amplified by speakers, it is prohibited. Mayor Sullivan asked if he has talked to the owners. Mr. Calvert said the owners tried to talk to him but he refused. Mr. Calvert asked that they stop the loud music and the owners said they would do away with the band and amplifier. Chief Hockenbury asked for clarification of the ordinance. Jim Winchell clarified the ordinance. Jennifer Keller from Slow Rides said the ABC ordinance says music can be played until 12:00am. She was unaware of the noise ordinance, and will stop the loud music out of respect.
Josh Spalding, owner of Kettle Creek, said he was told by the City he could sell beer in the parking lot but now understands that he cannot. Jim Winchell clarified the ordinance.
Carl Marrillia said he had a sign on the lot where the new police station stands advertising building space for lease and the City removed it for the construction of the police station. He asked the Mayor is he can place the sign by the entrance sign to the business park across from the police station. Mayor Sullivan said he will review it and have an answer at the next Council meeting. Mr. Marrillia also asked the status of the water line. Ronnie Fick said he will be discussing this with Dave Derrick after the meeting. Mayor Sullivan said he will contact Mr. Marrillia tomorrow.
Report from Council
Sid Griffin said he received several complaints about a neighbor of his that plays loud music and has a van in the yard. Mayor Sullivan said have them call the police department. Mr. Griffin also asked the status of the V Fisher property. Larry Porter reported that Mr. Fisher said he will complete the fence, close the gates, paint the front of the building and fix the windows. Mr. Griffin addressed dumpsters that need to be fenced and said the ordinance needs to be enforced.
Joetta Calhoun addressed a sewer problem at 110 Concord Drive. Discussion followed. Lloyd Dooley said the plumber finished a new line today. She also addressed consistent parking on Bradford Place. Ronnie Fick will have Mike Bowen check it out.
Christi Franklin updated the Council on the census estimate. She said she just received the packet from the census bureau to challenge the estimated growth.
Adjourn
Sid Griffin made a motion to adjourn at 8:09pm. Joetta Calhoun seconded the motion. Motion passed unanimously by a roll call vote.