Tuesday, July 9, 2013

Board Minutes - City of Louisville June 18, 2013


MINUTES OF A REGULAR MEETING OF THE MAYOR

AND BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE
HELD ON THE 18TH DAY OF JUNE 2013


A regular meeting of the Mayor and Board of Aldermen of the City of Louisville was held at five-thirty o’clock p.m. on the 18th day of June 2013, at the City Hall, the aforesaid being the time and place for the meeting with the following officers present:  William A. “Will” Hill, Mayor; Eugene Crosby, Mayor Pro Tem; Frances S. Ball, Richard R. (Dickie) Caperton, Judy H. McLeod, and Gwenita Mays, Aldermen; Babs W. Fulton, City Clerk; and C. Taylor Tucker, City Attorney.


The meeting was duly opened and called to order by Mayor Will Hill.  The Mayor gave the opening prayer and the Mayor led in the Pledge of Allegiance to the Flag. The following business was transacted at the meeting:

ORDER – APPROVAL OF MINUTES


Upon motion made by Frances S. Ball seconded by Richard R. Caperton and unanimously carried, the Board approved the minutes of the regular meeting of June 4, 2013 as they now appear in the Minute Book.

ORDER –ZONING FOR USE PERMITTED ON APPEAL FOR 302 SOUTH JONES

There came on for consideration the petition for Use Permitted on Appeal by Doris Aldridge Payton, Fannie Lillian Young, Doris Jean Aldridge, Brenda Aldridge, George William Aldridge II, and Tandreka Henton-Hunt for approval to operate a child care facility at 302 South Jones, then upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board accepted the recommendation of the Zoning and Planning Board to allow the child day care facility to operate on this property.  Copy of said    Zoning Board minutes is made Exhibit "A" to these minutes the same as if recopied herein in full in words and figures

ORDER – TRAFFIC LANES AND PARKING ON NORTH CHURCH STREET

There came on for consideration the matter of determining whether to allow parking on the portion of North Church Street between West Main and Mill Street and maps of both options were presented to the Board, then upon motion made by Judy H. McLeod duly seconded by Richard R. Caperton and approved by the majority by a four to one vote, with Gwenita Mays voting against the motion, the Board chose Option #2, to allow parking on the northern end of that section of the street.  Copy of said map is made Exhibit "B" to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 101 DAWKINS STREET

There came on for consideration the matter of a hearing on unclean property located at 101 Dawkins Street, parcel number 151283301 0600100, owned by Willie L. Loving, to determine if said property is unclean or unsafe, then upon motion made by Frances S. Ball duly seconded by Eugene Crosby and unanimously approved, the Board adopted a resolution that said property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners 14 days to clean the property.  Copy of said resolution is made Exhibit "C" to these minutes the same as if recopied herein in full in words and figures

ORDER – UNCLEAN PROPERTY LOCATED AT 417 METTS STREET

There came  on for  consideration  the  matter  of  a  hearing on unclean property located at
417 Metts Street, parcel number 151282804 0300700, owned by Furnia Ray Clark, to determine if said property is unclean or unsafe, then upon motion made by Frances S. Ball duly seconded by Eugene Crosby and unanimously approved, the Board adopted a resolution that said property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners fourteen (14) days to clean the property.  Copy of said resolution is made Exhibit "D" to these minutes the same as if recopied herein in full in words and figures





ORDER – UNCLEAN PROPERTY LOCATED AT 124 BAREMORE STREET

There came on for consideration the matter of a hearing on unclean property located at   124 Baremore Street, parcel number 151283304 0104900, owned by Robin Goss, to determine if said property is unclean or unsafe, then upon motion made by Judy H. McLeod duly seconded by Gwenita Mays and unanimously approved, the Board adopted a resolution that said property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners fourteen (14) days to clean the property. Copy of said resolution is made Exhibit "E" to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 512 NORTH CHURCH STREET

There came on for consideration the matter of a hearing on unclean property located at  512 North Church Street, parcel number 151282702 0200500, owned by Earnest White Jr., to determine if said property is unclean or unsafe for the community, then upon motion made by Judy H. McLeod duly seconded by Frances S. Ball and unanimously approved, the Board postponed the hearing to July 23, 2013, to acquire additional information. Copy of said notice is made Exhibit "F" to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 121 EILAND AVENUE

There came on for consideration the matter of a hearing on unclean property located at  121 Eiland Avenue, parcel number 141220301 0400500, owned by 20/20 Investments, to determine if said property is unclean or unsafe for the community, then upon motion made by Gwenita Mays duly seconded by Frances S. Ball and unanimously approved, the Board postponed the hearing to July 23, 2013, to acquire additional information. Copy of said notice is made Exhibit “G” to these minutes the same as if recopied herein in full in words and figures. 

ORDER – UNCLEAN PROPERTY LOCATED AT 345 NORTH CHURCH AVENUE

There came  on  for  consideration  the matter  of  a  hearing on unclean property located at
345 North Church Street, 151282703 0403000, owned by Charlene Estes, to determine if said property is unclean or unsafe, then upon motion made by Frances S. Ball duly seconded by Judy H. McLeod and unanimously approved, the Board adopted a resolution that said property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners fourteen (14) days to clean the property. Copy of said resolution is made Exhibit "H" to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 121 NORTH HIGHT AVENUE

There came on for consideration  the matter  of  a  hearing  on  unclean property located at
121 North Hight Avenue, parcel number 151282704 0300100, formerly owned by Brenda Keen, to determine if said property is unclean or unsafe for the community, then upon motion made by Gwenita Mays duly seconded by Frances S. Ball and unanimously approved, the Board postponed the hearing to July 23, 2013, to acquire additional information.  Copy of said notice is made Exhibit “I” to these minutes the same as if recopied herein in full in words and figures. 

ORDER – UNCLEAN PROPERTY LOCATED AT 314 PONTOTOC STREET

There came on for consideration the matter of a hearing on unclean property located at  314 Pontotoc Street, parcel number 151282704 0300300, owned by Billie Joy Harrell Tucker, to determine if said property is unclean or unsafe for the community, then upon motion made by Frances S. Ball duly seconded by Judy H. McLeod and unanimously approved, the Board postponed the hearing to July 23, 2013, to acquire additional information. Copy of said notice is made Exhibit "J" to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 213 SOUTH COLUMBUS AVENUE

There came on for consideration the matter of a hearing on unclean property located at  213 South Columbus Avenue, 151283402 1600500, owned by Barry D. Suber, to determine if said property is unclean or unsafe, then upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board adopted a resolution that property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners fourteen (14) days to clean the property.  Copy of said resolution is made Exhibit “K” to these minutes the same as if recopied herein in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 215 SOUTH HUDSON AVENUE

There came on for consideration the matter of a hearing on unclean property located at  215 South Hudson, parcel number 80-151283402 1500700, owned by Mary Lois McDaniel Life Estate , to determine if said property is unclean or unsafe for the community, then upon motion made by Eugene Crosby duly seconded by Frances S. Ball and unanimously approved, the Board determined that the property is in compliance.

ORDER – UNCLEAN PROPERTY LOCATED AT 714 SOUTH COLUMBUS AVENUE

There came on for consideration the matter of a hearing on unclean property located at  714 South Columbus, parcel number 151283403 0900800,  owned by Roger and Grace Young, to determine if said property is unclean or unsafe for the community, then upon motion made by Eugene Crosby duly seconded by Frances S. Ball and unanimously approved, the Board determined that the property is in compliance.

ORDER – UNCLEAN PROPERTY LOCATED AT 102 THOMPSON STREET

There came on for consideration the matter of a hearing on unclean property located at  102 Thompson Street, parcel number 151282802 0402301, owned by Edgewood LLC, to determine if said property is unclean or unsafe for the community, then upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board adopted a resolution that property is in a state of uncleanliness as to be a menace to the public health and safety of the community and giving the owners thirty days to clean said property.  Copy of said resolution is made Exhibit “L” to these minutes the same as if recopied in full in words and figures.

ORDER – UNCLEAN PROPERTY LOCATED AT 308 PONTOTOC STREET

There came on for consideration the matter of a hearing on unclean property located at  308 Pontotoc Street, owned by 151282704 0300500, owned by Kenneth Hall, to determine if said property is unclean or unsafe for the community, then upon motion made by Gwenita Mays duly seconded by Frances S. Ball and unanimously approved, the Board determined that the property is in compliance.

ORDER – UNCLEAN PROPERTY LOCATED AT 314 SOUTH JONES AVENUE

There came on for consideration the matter of a hearing on unclean property located at  314 South Jones Avenue, parcel number 151283402 2202300, owned by Michelle Hines and Henry Hudson, to determine if said property is unclean or unsafe for the community, then upon motion made by Judy H. McLeod duly seconded by Gwenita Mays and unanimously approved, the Board determined that the property is in compliance.

ORDER – UNCLEAN PROPERTY LOCATED AT 221 SOUTH JOHNSON STREET

There came on for consideration the matter of a hearing on unclean property located at  221 South Johnson Street, parcel number 151283401 0800800, owned by Annie Thomas Estes Estate, to determine if said property is unclean or unsafe for the community, then upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board determined that the property is in compliance.

ORDER –APPOINTMENT TO LOUISVILLE UTILITY BOARD

Upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board appointed Jerry Donald to a five year term ending June 30, 2018, on the Louisville Utility Board.

ORDER – BOARD APPOINTMENT TO TOURISM BOARD

Upon motion made by Judy H. McLeod duly seconded by Frances S. Ball and unanimously approved, the Board appointed Gerald Mills, Winston County Economic Development Director, to a three year term ending July 1, 2016, on the Tourism and Recreation Board.

ORDER – APPOINTMENT TO ZONING BOARD
Upon motion made by Gwenita Mays duly seconded by Richard R. Caperton and unanimously approved, the Board appointed Sandra Cole to a five year term ending July 1, 2018, on the Zoning and Planning Board.

ORDER –APPOINTMENT OF THREE ELECTION COMMISSIONERS

Upon motion made by Eugene Crosby duly seconded by Judy H. McLeod  and unanimously approved, the Board appointed Claire Crowell, Charles Holmes, and Steve Quinn, to a four year term ending July 1, 2017, as Election Commissioner.  

ORDER –ACKNOWLEDGE DEPARTMENT OF JUSTICE LETTER

Upon motion made by Eugene Crosby duly seconded by Frances S. Ball  and unanimously approved, the Board acknowledged the letter of preclearance received from the Department of Justice allowing the vote of a hotel-motel tax on the June 4, 2013, election. Copy of said letter is made Exhibit “M” to these minutes the same as if recopied herein in full in words and figures.

ORDER – SOLID WASTE REPORT

Upon motion made by Eugene Crosby duly seconded by Judy H. McLeod and unanimously approved, the Board acknowledged the report and authorized the annual tax payments to the State Tax Commission from the Landfill Fund for $22,907.33 for Sanitary Landfill and $431.07 for Class I Rubbish Site to be paid from Landfill fund. Copy of said report is made Exhibit “N” the same as if recopied herein in full in words and figures

ORDER – G. O. BOND CONSTRUCTION FUND
PAYMENT TO FALCON CONTRACTING COMPANY

Upon motion made by Frances S. Ball duly seconded by Judy H. McLeod and unanimously approved, the Board approved payment of $ 204,804.71 to Falcon Contracting Company, Inc. for hot mix asphalt for street paving and improvements to be paid by G. O. Bond Construction Fund. Copy of said invoice is made Exhibit “O” to these minutes the same as if recopied in full in words and figures. 

ORDER –AGREEMENT WITH WINSTON COUNTY TO PAVE HILLCREST CIRCLE

Whereas the Board entered the inter-local agreement with Winston County to pave Hillcrest Circle outside the city limits, then upon motion made by Frances S. Ball duly seconded by Judy H. McLeod and unanimously approved, the Board authorized the invoice of $29,410.43 to be sent to Winston County, which is the actual cost of the paving. The payment and reimbursement of paving will be paid by the G. O. Bond Construction Funds. Copy of said invoice is made Exhibit “P” to these minutes the same as if recopied herein in full in words and figures.

ORDER –PAYMENT TO ELECTION COMMISSIONERS

Upon motion made by Judy H. McLeod duly seconded by Eugene Crosby and unanimously approved, the Board adopted the payment of $168.00 to each of the three Election Commissioners, Claire Crowell, Charles Holmes, and Steve Quinn, for election service. Copy of said request is made Exhibit “Q” to these minutes the same as if recopied herein in full in words and figures.

ORDER –ACKNOWLEDGE DEFAULT JUDGEMENT
AND FORFEITURE FROM CODY FRANK ADAMS

Upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board acknowledged the default judgment from Cody Frank Adams awarding the city with $2,385.00 and a 2010 Lexus subject to lien. Copy of said judgment is made Exhibit “R” to these minutes the same as if recopied in full in words and figures.

ORDER –PAYMENT TO KIM MING

Upon motion made by Frances S. Ball duly seconded by Judy H. McLeod  and unanimously approved, the Board approved payment of $160.00 to Kim Ming, Circuit Clerk for filing fees for the default judgment. Copy of said invoice is made Exhibit “S” to these minutes the same as if recopied herein in full in words and figures.

ORDER –TAX EXEMPTION FOR POLO CUSTOM PRODUCTS

There came on for consideration the application by Polo Custom Products for a tax exemption from all ad valorem taxes except School District tax, then upon motion made by Judy H. McLeod duly seconded by Frances S. Ball, the Board adopted a resolution to approve the application for a five-year exemption from city ad valorem taxes for Polo Custom Products on new equipment with a total true value of $7,030.09. Copy of said application is made Exhibit “T” to these minutes the same as if recopied herein in full in words and figures.

ORDER –HOMELAND SECURITY GRANT FOR FIRE DEPARTMENT

Upon motion made by Judy H. McLeod duly seconded by Eugene Crosby  and unanimously approved, the Board acknowledged the Homeland Security Grant Program Award in the amount of $4,500.00 to be used to purchase communication equipment and upon the same order the Board authorized Fire Chief Terry Johnson to request an advance of the grant funds.  Copy of said award letter is made Exhibit “U” to these minutes the same as if recopied herein in full in words and figures.

ORDER –FIRE TRAINING

Upon motion made by Gwenita Mays duly seconded by Frances S. Ball and unanimously approved, the Board approved the request for Robert Hutto to attend Fire Service Chaplin training at MS Fire Academy, July 24-25, a free course. Copy of said request is made Exhibit “V” to these minutes the same as if recopied herein in full in words and figures.

ORDER –FIRE TRAINING

Upon motion made by Frances S. Ball duly seconded by Eugene Crosby and unanimously approved, the Board approved the request for Robert Hutto and Detrick Sanders to attend Fire Inspector Course NFPA 1031-1 at MS Fire Academy, July 29-August 8, registration $750.00 each to be paid from Fire Rebate training funds. Copy of said request is made Exhibit “W” to these minutes the same as if recopied herein in full in words and figures.

ORDER –FIRE TRAINING

Upon motion made by Eugene Crosby duly seconded by Frances S. Ball  and unanimously approved, the Board approved the request for Chief Terry Johnson to take an Online Plans and Code Enforcement Training through TrainingDivision.com for continued education and code enforcement, registration $700.00 to be paid from Fire Rebate training funds. Copy of said request is made Exhibit “X” to these minutes the same as if recopied herein in full in words and figures.

ORDER –2010 TAX MATURITY NOTICE

Upon motion made by Eugene Crosby duly seconded by Frances S. Ball  and unanimously approved, the Board approved the 2010 Tax Maturity legal notice.            Copy of said notice is made Exhibit “Y” to these minutes the same as if recopied in full in words and figures.

ORDER –2012 DELINQUENT TAX NOTICE

Upon motion made by Judy H. McLeod duly seconded by Gwenita Mays  and unanimously approved, the Board approved the 2012 Delinquent Tax Notice.    Copy of said notice  is made Exhibit “Z” to these minutes the same as if recopied in full in words and figures.

ORDER –INTERLOCAL AGREEMENT FOR DRUG FREE SCHOOLS

Upon motion made by Frances S. Ball duly seconded by Gwenita Mays  and unanimously approved, the Board adopted an Interlocal Agreement with Louisville Municipal School District for Drug Free Schools to participate in the DARE program and to provide for the reimbursement of travel expenses to the city for the DARE Officer. Copy of said agreement  is made Exhibit “AA” to these minutes the same as if recopied herein in full in words and figures.

ORDER –DECLARE AND ADVERTISE SURPLUS PROPERTY

Upon motion made by Eugene Crosby duly seconded by Gwenita Mays  and unanimously approved, the Board declared as surplus and authorized the notice to sell two FEMA travel trailers which are no longer needed for municipal purposes. Copy of said notice is made Exhibit “BB” to these minutes the same as if recopied herein in full in words and figures.

ORDER –DECLARE AS SURPLUS FIXED ASSET

Upon motion made by Gwenita Mays duly seconded by Eugene Crosby and unanimously approved, the Board declared as surplus and disposition a glass display case, fixed asset number .Copy of said  is made Exhibit “CC” to these minutes the same as if recopied herein in full in words and figures.

ORDER –REJECT AIRPORT PROJECT BIDS

Upon motion made by Frances S. Ball duly seconded by Richard R. Caperton and unanimously approved, and upon recommendation of the Airport Board, the Board rejected all bids on the Airport Terminal Building Project. Copy of said bid sheet is made Exhibit “DD” to these minutes the same as if recopied herein in full in words and figures.

ORDER –READVERTISE FOR AIRPORT PROJECT BIDS

Upon motion made by Judy H. McLeod duly seconded by Frances S. Ball  and unanimously approved, the Board authorized the re-advertising of bids for the Airport Terminal Building Project.  Copy of said notice is made Exhibit “EE” to these minutes the same as if recopied herein in full in words and figures.

ORDER –AGREEMENT WITH CELLULAR SOUTH REAL ESTATE INC.

Upon motion made by Frances S. Ball duly seconded by Eugene Crosby  and unanimously approved, the Board authorized the Mayor to sign an Option and Lease Agreement with Cellular South Real Estate Inc. for the initial period of five (5) years and an annual rent of $6.600 for a wireless communication tower to be located on city owned property on Railroad Avenue.  Copy of said agreement is made Exhibit “FF” to these minutes the same as if recopied herein in full in words and figures.

ORDER –ACKNOWLEDGE RECEIPT OF OPTION PAYMENT

Upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously approved, the Board acknowledged the receipt of $500.00 option payment from Cellular South Real Estate Inc.          

ORDER –ADOPT ORDINANCE 363 PROHIBITING OPEN CARRY OF FIREARMS

Upon motion made by Frances S. Ball duly seconded by Judy H. McLeod  and unanimously approved, the Board adopted Ordinance 363 Prohibiting Open Carry of Firearms on city owned property and city sponsored meetings. Copy of said ordinance is made Exhibit “GG” to these minutes the same as if recopied herein in full in words and figures.

ORDER – EXECUTIVE SESSION

Upon motion made by Judy H. McLeod duly seconded by Frances S. Ball and unanimously approved, the Board voted for closed determination as to whether to convene into executive session, and inasmuch as determination was made, and upon motion made by Eugene Crosby seconded by Frances S. Ball duly and unanimously carried, the Board did convene into executive session to discuss a personnel matter in the Fire Department.

After full discussion of the matter and upon motion made by Frances S. Ball duly seconded by Eugene Crosby and unanimously carried, the Board did convene out of executive session with no action taken.

ORDER –REPRIMAND FIRE DEPARTMENT EMPLOYEE

Upon motion made by Frances S. Ball duly seconded by Eugene Crosby and unanimously approved, the Board voted to reprimand Fireman Detrick Sanders for two days without pay, and directed that a written reprimand be filed in his personnel folder.           

ORDER – ADJOURN

Upon motion made by Frances S. Ball duly seconded by Gwenita Mays and unanimously carried, the Board meeting was adjourned with no further business.


ATTEST:



BABS W. FULTON                                                               WILLIAM A. “WILL” HILL
CITY CLERK                                                                         MAYOR