City of Mount Washington Minutes of the Regular Council Meeting November 27, 2017 Mayor Armstrong called the meeting to order at 6:30 PM with the following Council Members present: Alice Harris, Sandra Hockenbury, Greg Gentry, Troy Barr, Gayle Troutman and Councilman Holt. Also present were: City Attorney John Spainhour, City Administrator Dawn Hardin, Public Works Director Ronnie Fick, Chief Roy Daugherty, Assistant Chief Rodney Hockenbury and City Engineer Dave Derrick. Mayor Armstrong reminded anyone wanting to speak to please sign in at the podium. Boy Scout Avery Lucas led the pledge of allegiance. Mayor Armstrong asked those present to take a moment of reflection. Minutes Councilman Gentry made and Councilman Barr seconded a motion to approve the Regular Council Meeting Minutes of November 13, 2017. Motion carried unanimously. Ordinances- SECOND READING VOTE REQUIRED City Attorney John Spainhour read the second reading of an ordinance amending certain sections of Chapter 92: Nuisances of the Mt. Washington Code of Ordinances. Councilman Barr made and Councilman Holt seconded a motion to adopt. Motion carried unanimously by a roll call vote of 6 to 0. SECOND READING VOTE REQUIRED The City Attorney read the second reading of a summary ordinance creating and establishing for bid a non-exclusive telecommunications or related non-cable franchise. Councilman Troutman made and Councilman Holt seconded a motion to adopt. Motion carried by a roll call vote of 5 to 1 abstention (Hockenbury). SECOND READING - VOTE REQUIRED John Spainhour read a second reading of ordinance amending chapter 72.23 of the Mt. Washington Code of Ordinances. Councilman Holt made and Councilman Troutman seconded a motion to adopt. Motion carried unanimously by a roll call vote of 6 to 0. Sign In Sheet Justin Broughton announced his intentions to bring a substance abuse treatment facility to Mt. Washington with the help of his brother and Buky Construction and asked for the City Council s Support. He said they are looking at land near the current Sunrise Children s Home on Hope MINUTES NOVEMBER 27, 2017 1
Street. He explained what kind of treatment facility this would be and said it would have staff on duty 24 hours. Report from Mayor Mayor Armstrong announced that Light up Mt. Washington will be this Friday at 6:00PM at the First Baptist Church and the city pavilion. He said there will be food and drawings for bicycle give aways, face painting, choir singing, free pictures with Santa Claus and train rides. The mayor said Santa Rosa purchased several bicycles for this event and he wanted to say thank you to them. He also stated that Insurance Options, Club Fitness, Spalding Construction, PICCOLA Manufacturing have made contributions to MWPD for Operation Bright Christmas. The Mayor stated the regular scheduled council meeting falls on Christmas Eve and asked the City Council if they were going to cancel this meeting. Councilman Gentry made and Councilwoman Hockenbury seconded a motion to cancel the meeting. Motion carried unanimously. Mayor Armstrong stated all the paving throughout the city is complete for the year. The mayor said Larry Helm was very generous to donate sod as well as employees to lay the sod out here at Fick Hall. Report from Council Councilman Barr said the walking trails are in as well as cupulas at the Community Park and said it s going to look very nice. Councilwoman Harris said shop small Saturday was a great success she said she shopped at all 12 locations and it took her 7 hours. Councilman Holt said the drainage needs to be looked at in front of the BP Station. Dave Derrick said the Sewer Contractor is tunneling under the road at Half Moon Drive. Executive Session Councilman Troutman made and Councilman Holt seconded motion to enter into executive session in accordance with KRS 61.810 for the purpose of acquisition of property at 7:43 PM Motion carried. Reconvene Councilman Gentry made and Councilman Barr seconded a motion to reconvene into regular council meeting at 9:00 PM. Motion carried. Mayor Armstrong reported the city council met in executive session to discuss personnel, acquisition of property and no final action was taken. MINUTES NOVEMBER 27, 2017 2
Adjournment Councilman Gentry made and Councilman Barr seconded motion to adjourn at 9:00 PM. Motion carried. Barry Armstrong Mayor Elizabeth D. Hardin City Administrator Councilman Holt made and Councilwoman Hockenbury seconded a motion to enter into the Appeal Hearing requested by Barry Jones, Jones Builders, Inc. at 9:01 PM with the following Council Members present: Alice Harris, Sandra Hockenbury, Greg Gentry, Troy Barr, Gayle Troutman and Mike Holt. Councilman Holt made and Councilwoman Hockenbury made a motion to enter into executive session at 9:54 PM to deliberate. Motion carried. Councilwoman Hockenbury made and Councilman Troutman seconded a motion to reconvene the hearing at 9:54 PM CITY OF MT. WASHINGTON CITY COUNCIL IN RE: JONES BUILDERS, LLC. and BARRY JONES ORDER This matter came before the City Council of the City of Mt. Washington for a hearing on the appeal by Jones Builders, LLC, and Barry Jones of the Notice of Deficiency issued by the City acting through Dale Salmon and the Storm Water Quality Program Management of the City of Mt. Washington. The notice was issued September 8, 2017 and the penalties were assessed on October 3, 2017 as evidenced by the letters served on Jones Builders, LLC, and Mr. Jones. Mr. Jones requested a hearing and an appeal. The hearing on the appeal was conducted by the members of the City Council, all of whom were present, on November 27, 2017. Mr. Salmon and Mr. Jones were present and testified. Mr. Ronnie Fick also provided testimony. MINUTES NOVEMBER 27, 2017 3
The parties were allowed argument. The Council participated in the questioning of the witnesses and then retired to consider its decision. The Council FOUND that each of the violations identified by Mr. Salmon were true and correct and actual violations of the Storm Water Ordinance and of the Clean Water Act and that those violations continued on and after October 3, 2017 and through the actual hearing. The violations contained a fine of $7,500.00 per day for the total of noted violations. The Council also considered that Mr. Jones did not receive actual notice of the fine until his receipt of the notification of it on October 17, 2017. Accordingly, the Council has FOUND that from October 17 through November 27, 2017, the Appellants Jones and Jones Builders, LLC, have been in violation and are indebted for violations spanning over a period of 41 days to the date of the hearing to and including the date of the hearing and are thereby subject to a fine of $7,500.00 per day for the total of noted violations, or a total fine of $307,500.00. Such fine shall be due unless remediation occurs hereinafter set out. Council further FOUND that the fine would be probated to that extent that Jones Builders, LLC, and Barry Jones remediated the violations herein found. And if remediated on or before December 31, 2017, that the fine would be reduced to a fine of $2,000.00 per diem commencing on December 1, 2017 and until the remediation is completed. If the remediation is not completed by December 31, 2017, the entire fine herein assessed shall be due. If remediation is satisfactory completed before December 31, 2017, the fine accruing at $2,000.00 per diem shall be due within 30 days of completion of the remediation. If not timely paid the fine shall bear legal interest at the rate of 6% until paid. The fine is issued jointly and severely against Jones Builders, LLC, and Barry Jones, individually. MINUTES NOVEMBER 27, 2017 4
City of Mt. Washington Elizabeth D. Hardin, City Clerk on behalf of the Council who unanimously consent thereto Councilman Gentry made and Councilwoman Hockenbury made a motion to Adjourn the Hearing at 10:17 PM. Motion carried. Barry Armstrong Mayor Elizabeth D. Hardin City Administrator MINUTES NOVEMBER 27, 2017 5