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MINUTES REGULAR COUNCIL MEETING

CITY OF SHEPHERDSVILLE,

MONDAY, NOVEMBER 22, 2010

 Officer Tim Wade said the invocation

Pledge of Allegiance was recited.

Mayor Tinnell called the meeting to order at 6:29 p.m.

In attendance were Council members Don Cundiff, Bonnie Enlow, Larry Hatfield, Tony Miller, and Alan Wetzel. Scott Ellis was absent.

Mr. Hatfield made the motion to dispense with the reading of the minutes from the November 8, 2010 City Council meeting.  Mr. Cundiff 2nd.  Motion carried 5-1 absent. Ms. Enlow made the motion to approve the minutes.    Mr. Wetzel 2nd.  Motion carried 5-1 absent.

Mayor Tinnell announced that Light up Shepherdsville will start with a parade on Friday December 3rd at 5:30 p.m. and end up at First Street Park with Santa.  He also wanted to remind everyone that there are angels that need to be adopted and they can see Tammy or Brenda to pick one up.

Old Business:

Second Reading of 010-792 Rezoning of 250 E. Joe B Hall from R-3 to B-1.  After some discussion Mr. Hatfield made the motion to approve the re-zoning.  Ms. Enlow 2nd.  Motion carried 5-1 absent.

City Engineer Rob Campbell did a power point presentation on the progress of the Beechgrove Road Project.

New Business:

Motion by Mr. Wetzel to go to Executive session to discuss litigation.  Mr. Miller 2nd.  Motion carried 5-1 absent.  Adjourned to executive session at 6:45 p.m.

Motion by Mr. Cundiff to reconvene to regular session.  Mr. Hatfield 2nd.  Motion carried 5-1 absent.  Reconvened regular session at 7:25 p.m.

City Attorney Jim Winchell read the following agreement proposed with Southeast Bullitt Fire Protection District:

 

            COMES SOUTHEST BULLITT FIRE PROTECTION DISTRICT (hereinafter “Southeast”) and CITY OF SHEPHERDSVILLE (hereinafter “the City”), and hereby agree as follows:

 

  1. Southeast shall not seek payment from the City, and the City shall not seek to pay to Southeast, a proportionate share of the debt incurred by Southeast as is statutorily required to be paid by a city to sever fire protection district territory from a fire protection district, these parties agreeing and this Court Finding that the amount necessary for the City to pay to Southeast to sever property annexed to date into the City from Southeast, upon the satisfaction of all other requirements for such severing, being Three-Hundred and Fifty-Thousand Dollars ($350,000.00).

 

  1. Southeast shall pay to the City ten (10) yearly payments in the amount of One-Hundred Thousand Dollars ($100,000.00) per payment.

 

  1. Southeast shall give up its claim for 2011 and later annual property taxes based upon real property within that portion of Bullitt County that is currently known as Heritage Hill Subdivision.

 

  1. Southeast and the City shall restore Mutual Aid, each providing assistance to the other upon request; within those areas of the City never within the territory of Southeast and within that portion of Bullitt County currently known as Heritage Hill Subdivision, the highest ranking member of the City’s fire department upon the scene, or his/her designee, shall communicate with the highest ranking member of Southeast’s fire department upon the scene or his/her designee, to coordinate the efforts of the departments, with the City’s fire department’s highest ranking member present in charge of the scene; in areas which have been within the territory of Southeast, except that portion of Bullitt County currently known as Heritage Hill Subdivision, the highest ranking member of Southeast’s fire department upon the scene, or his/her designee, shall communicate with the highest ranking member of the City’s fire department upon the scene, or his/her designee, to coordinate the efforts of the departments, with the highest ranking member of Southeast’s fire department present in charge of the scene.

 

  1. The City shall not remove or so act so as to cause or allow the removal of property which has been within Southeast from Southeast’s tax rolls or to cause or allow Southeast not to receive payment for taxes based upon property within Southeast’s territory, nor in any way act or fail to act so as to remove or allow to be removed any property from Southeast’s territory.

 

  1. The City of Shepherdsville shall provide without charge the labor and materials to connect the District’s Station 2 to the City sewer system (waive the “tap on” fee) when sewer services are made available to that parcel of property across the roadway from Station 2, that parcel having been or being planned sire of a vocational school or community college (this description is merely to identify the property concerning this agreement, and does not indicate any agreement that that property must be used for the purposes it has previously planned for in order for waiver of the “tap on” fee and provision of sewer services to be required hereby), or to any parcel of property similarly close to the Station 2 premises as the aforesaid property,  the District will then pay a standard monthly sewer bill as other residents in that area also hooked into the sewer system.

 

  1. Southeast and the City shall execute or have executed by their respective representatives any documents necessary to carry out the terms of this Agreed Judgment.

 

  1. In any instance whereby any court of competent jurisdiction shall determine that the remainder of this Agreed Judgment or any portion is void, voidable or unenforceable, the City shall return to Southeast any monies paid it hereunder by Southeast plus interest at twelve percent per annum (12% p.a.) from date of payment by Southeast and the City shall be required to pay an additional Three-Hundred Fifty Thousand Dollars ($350,000.00) or such higher amount as may be proven in order to pay a proportionate share of the debt incurred by Southeast, before such territory may be so severed.

 

  1. An Agreed Judgment shall be prepared and presented to the Bullitt Circuit Court reflecting these terms and moving the Court enter said Agreed Judgment, in the event however that said Agreed Judgment not be entered or, having been entered, is found by any court of competent  jurisdiction to be void, voidable, or not enforceable as a Judgment or other action of the Bullitt Circuit Court, either in its entirety or for any portion or portions, the parties nevertheless agree to be bound by these terms pursuant to this contract.

 

Motion by Mr. Hatfield to accept the agreement but to change the payment arrangements to $ 200,000.00 per year for Five years.  Mr. Cundiff 2nd.

 

Discussion:

Ms. Enlow stated she feels that there is a problem with accepting the offer because is still does not equal the taxes for the people in the industrial park just across the road from Heritage Hill Subdivision.  She stated that she feels it discriminates and does not feel it is legal.

Mr. Corky Miller (resident of Heritage Hill) Said he has talked to Southeast Bullitt Fire Protection and feels they have been paying double taxes for far too long and that he is glad the City is finally willing to settle.

Mr. Hatfield stated that we can not keep annexing properties on Highway 480 without increasing taxes.

Mr. Cundiff stated that he feels it is time to settle this matter so we can provide good fire protection to that area.

Mayor Tinnell then called for a vote.  Motion carried 4-1 and 1 absent.  Ms. Enlow voted no.

 Motion by Mr. Hatfield to approve November bills as presented.  Mr. Miller 2nd.  Motion carried 5-1 absent.

Planning & Zoning update- Daryl Lee: None

Board of Adjustment update- Duane Price:  None

Sign-in Speakers: 

Mike Henson-Manager for Jay Jayz.-stated that he is aware that there has been several noise complaints on their business.  He said they are working on resolving the issue.  He has cut down to 4 speakers and is looking into building and enclosure around the doorways to reduce the noise when someone is leaving the building.  They have asked the neighbors to call them rather than calling dispatch when they feel it is too much noise and they will turn down the music.  An audience member stated she lives across the street from the club and has called them but they do not always answer the phone and she is unable to sleep because of the noise.

Departmental reports:  None

Council reports: 

Bonnie Enlow: Asked about the situation with the street lights in St. Andrews Crossing.  The Mayor said the developer has filed for bankruptcy but another developer has started building in there.  The city has not taken over the streets or the lights.  The homeowners will need to get together and possibly pay for the lights until the issue is resolved.

Don Cundiff:   Asked we have gotten any quotes yet back on the health insurance.  The City Clerk responded “not yet”, but they should be in any day.

Larry Hatfield: Asked the City Attorney to check to see if Bullitt County passes a no smoking ban would that over ride any decision that the City may make in regards to the ban.

Motion to adjourn by Mr. Wetzel. Mr. Cundiff 2nd.   Motion carried 5-0 Meeting adjourned at 8:00 p.m. 
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