Home: Meeting Minutes List: Meeting Minutes

JULY 28, 2003

Mayor Sohm welcomed and thanked everyone for attending the meeting. He stated we had a special guest in the audience and introduced Matthew Baker, Second Appellate District Judge.

Councilman Don Cundiff gave the invocation.

The Pledge of Allegiance to the Flag was said.

Mayor Sohm called the meeting to order at 6:34 p.m.

In attendance were Council members Stacey Cline, Don Cundiff, Larry Hatfield, Margaret Moore and James Watkins.

Stacey Cline made motion to dispense with reading of 7/14/2003 regular meeting minutes. James Watkins 2^nd. Motion carried 5-0.

James Watkins made motion to approve minutes as printed. Don Cundiff 2^nd. Motion carried 5-0.

City Attorney Joe Wantland had second reading of Ordinance 003-(number to be assigned) confirming annexation of unincorporated territory adjoining the City of Shepherdsville (Valley View Farm). James Watkins made motion to approve. Don Cundiff 2^nd. Motion carried 5-0. (This Ordinance will be numbered 003-590.)

City Attorney Wantland had second reading and public hearing on Ordinance 003-(number to be assigned) proposing annexation of unincorporated territory adjoining the City of Shepherdsville (Phillip & Marsha Leigh/Eagle Heights Baptist Church). There were no comments from the public. Larry Hatfield made motion to accept. Margaret Moore 2^nd. Motion carried 5-0. (This ordinance will be numbered 003-591.)

Mr. Vince Heuser was present at the meeting to discuss the radio tower on Highway 44 East. He stated he was not told by his attorney of any restrictions so he wasn’t aware of any zoning restrictions.

Larry Hatfield asked Mr. Heuser if the tower he was taking down on First Street the one you want to relocate on Highway 44? Mr. Heuser stated that this was actually a different tower with a different transmitter. We are going to build that because we have to switch sort of quickly. That will be left where it is. At this point it my intention that we would sell the stuff and then sell the land.

Larry Hatfield asked if this tower would be removed? Mr. Heuser stated he does not see any reason why that won’t happen. He does not have any use for it and he’s not sure anybody else would so yeah I think it will come down.

Mayor Sohm stated he would ask a little more directly if this tower is approved could the City get a guarantee that the other tower is taken down? Mr. Heuser answered yes.

Larry Hatfield asked if the City needs to get our easements before approving this? Mr. Heuser stated he has already provided a signed copy of easement. City Attorney Wantland stated he would like to speak with Mr. Heuser and have an opportunity to locate those easements and put them on a plat and have him sign off on it.

Mr. Heuser stated he would get a copy of the plat from John Miller and provide a copy to the City.

Larry Hatfield asked if we do have a right of way to that pumping station approved? City Attorney Wantland stated that Mr. Tanner has assured him that the City will get a right of way to the lift station and we’re going to locate the lift station on Mr. Tanner’s property to be sure that the lift station is exactly where it is.

Larry Hatfield made motion to approve. James Watkins 2^nd. Motion carried 5-0.

Mayor Sohm stated that he would report on the repaving project in conjunction with the Transportation Committee report. He stated that a wonderful job has been done so far on what they have been able to pave. They have taken their time and done a good job. There are still several feet to pave. If the weather holds this portion should be complete by the end of the week and then they will start the City’s paving that we’ve asked them to do.

Larry Hatfield stated he would like to have a copy of the test results of the water runoff on Bobby Elkins property. Wastewater Treatment Plant Superintendent Mike Schroeder stated he would put a copy of the report in his box at City Hall.

There was no report from the Historical Committee.

Mayor Sohm reported that he has spoken with Jim Rice on the Paroquet Springs beautification project. Mr. Rice stated he met with Nick Simon about the project and is working with Mindel Scott on plans.

Mayor Sohm stated that we have received preliminary approval to go forward on the parks grant we applied for. He also reported that we have received an application for an additional grant of up to $75,000 with a 50% match from the City. Tracy Corbit will call and see if the land purchase counts toward the match. Elaine Wilson reported that Bernheim Forest donated 1000 seedlings to act as a buffer at the park. She also stated that the Recreation Committee would meet with a representative from Bernheim Forest to get their input soon.

City Attorney Wantland had first reading of Ordinance 003-(number to be assigned) confirming annexation of unincorporated territory adjoining the City of Shepherdsville, Bullitt County. (Phillip & Marsha Leigh/Eagle Heights Baptist Church).

City Attorney Wantland had first summary and caption reading of Ordinance 003-(number to be assigned) approving a revenue lease in principal amount not to exceed $3,200,000 for the financing of a project (Paroquet Springs Conference Centre).

Mayor Sohm stated that Executive Director of the Centre Elaine Wilson, Attorney Monica Henderson and Garrett Drakeford with the Kentucky League of Cities were present to answer any questions the Council had.

Mayor Sohm asked what this ordinance means to the City in regards to bonding and who would be the leaseholder? Monica Henderson, with law firm of Stites & Harbison stated that the lease is sort of a technical arrangement. It’s basically a loan but because the $50 million bonding pool is set up under several statutes (the Government Leasing Act, the regular municipal bond statutes and the Interlocal Governmental Agreement Act) and it sets up the possibility where a lease is entered into where the funds go directly to the lessee. In this case it will go to the Commission as sub-lessee and as sub-lessee the Commission will take the restaurant tax proceeds and make payments directly to the credit facility provider in the big bond pool. Which is U.S. Bank.

Mayor Sohm stated he just wanted to make sure the Council understands because this has changed a little bit since it originated.

Ms. Henderson stated that normally what would happen is if we went to a bank the Commission would sign a note and make the payment and a mortgage would be taken. In this circumstance because the League of Cities bond financing requirements are that a City participate. So the City acts as a conduit basically fulfilling the requirements of the bond pool to have a City involved but leaving all the responsibility of payment, maintenance of the building and insurance on the building with the Commission through the sub-lease.

Don Cundiff asked what the interest rate actually that they are paying? Ms. Henderson stated it would depend on the date of closing because it’s related to a variable rate bond pool. When we initially ran the numbers with the League of Cities the “all in” yield which is the total interest rate was something like 4.6. If we close today it will be 4.8. So we don’t know. We still have to do all the real estate due diligence and it’s not going to close for several weeks but we know that it’s not going to skyrocket.

Mayor Sohm asked if at the day of closing the interest rate would be locked in on that number? Ms. Henderson answered right.

(Tony Miller came in at this time.)

Margaret Moore asked in the event that in 20-25 years down the road the economy is not good would the City be responsible for anything at all? Ms. Henderson stated that the term of the lease financing is only 15 years. Under the terms of the financing program and bond finance in general the useful life of the property must extend beyond the financing arrangement. And the useful life of this property is going to be longer than 15 years. So to answer your question if it’s going to happen it would have to happen in 15 years for you to be worried about it because that’s how long the financing arrangement is going to be. And it will depend on the restaurant tax. I would assume that the economy would have to be absolutely dreadful for people to stop going to McDonalds and all the other restaurants that are supplying the tax proceeds.

Mayor Sohm stated that the question she alluded to is would the City be required if the Conference Centre were to default somehow would that impact our general fund? Would the City be responsible to pay that debt? Ms. Henderson answered no. If you notice in the Ordinance there is bolded language in the Ordinance that says this is not a general obligation of the City, it’s a special obligation based on the restaurant tax.

City Attorney Wantland had first reading of Ordinance 003-(numbered to be assigned) to rezone property owned by John Miller, George Dilley, Richard Haarman and Eugene Paul from Stream Reserve and R-2 Residential to R-3 Residential. The property in question is 28.0 acres, more or less, located on the south side of Highway 44 East abutting the east property line of 2003 Highway 44 East in Shepherdsville. City Attorney Wantland stated that the Planning Commission denied this request. (Tony Miller removed himself from this discussion and vote due to a member of family being a business partner of one of the gentlemen involved.)

Mayor Sohm stated we have two ladies who have signed up to speak in regard to this zoning tonight and instead of waiting until the end of the meeting we would like permission to let them speak at this time.

Sarah Barger, 8901 Cedar Grove Road stated that she owns property directly across from this. She stated she is against having it zoned R-3. She stated that if they wanted to zone it R-2 and have a nice development in there she feels that all the surrounding people would approve it and be happy with it. We don’t want R-3. She stated she went to the meeting and each time it was a different development they were going to put in from single houses now to apartments. She stated right across the fork there is R-3 that’s pretty much of an eyesore to her the way that they have developed that. We would like to see it stay R-2 like it is if you could.

Ms. Eddington stated she would waive her comment at this time.

Larry Hatfield asked Planning Commission Appointee Ben Robards if in R-2 zoning they could put patio homes? Mr. Robards answered no.

Margaret Moore stated that she believes the area warrants R-2 rather than R-3. She stated she thinks it’s a beautiful location and she thinks the houses would be fine but she is against the patio homes and apartments, anything except houses.

City Attorney Wantland had first reading of Ordinance 003-(number to be assigned) to rezone property owned by Joiners Drywall, LLC from R-1 Residential to R-3 Residential. The property in question is 3.4 acres, more or less, located on the west side of S Preston Highway abutting the north property line of Insight Communications in Shepherdsville. City Attorney Wantland stated that the Planning Commission also denied this request.

City Attorney Wantland had first reading of Ordinance 003-(number to be assigned) proposing annexation of unincorporated territory adjoining the City of Shepherdsville. (Bruce Hamilton property)

Mayor Sohm stated he would like to defer the request from Keith Smith and Jean Bolton for a sewer hook up extension to executive session due to the fact that it may involve litigation in the future. He stated we could grant the extension as we have done for others but there are some other requests along with it that should not be made part of the public discussion.

Mayor Sohm stated that we have only two developments that have made application to the City prior to the passage of the new capacity ordinance and since it also could involve litigation in the future he would like to defer this to executive session as well.

Discussion followed on request from Jack Porter to take over streetlights in Section 1 and 2 of Beechwood Estates and the remainder of Beechnut Court that lies in Section 1 of Beechwood Streets.

Mr. Porter stated that he is not requesting the streets be taken over yet because of future development but he would like the City to take over the streetlights.

After some discussion Margaret Moore made motion to accept streetlights in Section 1 and 2 of Beechwood Estates. Stacey Cline 2^nd. Motion carried 6-0.

Mayor Sohm stated he would have Public Works Foreman Jesse Walls get a core sample of Beechnut Court in Section 1 and we will discuss further at the next meeting.

Discussion followed on request for a parade permit from the Jefferson County Mounted Sheriffs Posse on August 10^th. Tony Miller made motion to grant approval. Don Cundiff 2^nd. Motion carried 6-0.

Larry Hatfield made motion to approve payment of July bills. James Watkins 2^nd. Motion carried 6-0.

Thom Miller, youth director with the YMCA handed out a list of improvements/changes that he would like to see made at Frank E. Simon Park. Mayor Sohm stated he would like to have time to review this list and would call Mr. Miller with any questions.

Planning Commission Appointee Ben Robards stated there was nothing new for Shepherdsville.

Board of Adjustments Appointee Scott Isert was not present at the meeting.

Fire Chief Robbie Spriggs reported that last Saturday night two fires had been purposely set and he asked everyone to be on the lookout for anyone suspicious.

Assistant Fire Chief Terry Whittaker reported that the Fire Department had received a letter from Nichols Fire District stating that within 30 days Shepherdsville Fire would no longer be allowed to use fire channel 2. He stated fortunately one part of their letter is correct in that our inability to use fire channel 2 will not hamper our ability to receive dispatch calls. Because fortunately Bullitt Fiscal Court already purchased a channel just for dispatching fire and we already spent the money and had all our pagers reprogrammed so we’re on the new channel. What it does mean to us though is that Bullitt County Dispatch can only transmit to fire departments and receive from fire departments on two other fire channels which we call fire 1 and fire 2. Fire 2 is the primary channel that we’ve been using for years. Every fire department in the county has been using it for years except for Zoneton. Zoneton switched over the channel 1 a couple years ago when the put a repeater in. So in effect what this will do to us is that we will no longer have an operations channel to talk to dispatch or to other fire departments if mutual aid is ever restored. So what we do have available to us is the old channel 1. But like I said Zoneton has since put a repeater on it. So that’s not really as available to us as it used to be. And he just did fortunately get the paperwork through to have a new channel of our own. However unless and until we are able to put it in the console of the Bullitt County 911 it will serve us no use in being able to communicate with them.

Mayor Sohm asked if we would be able to operate as usual? Assistant Chief Whittaker stated we would be unable to talk with other fire departments on that channel. We will have channel 1 available to us but that’s only if I can get something set up with Zoneton to be able to use their repeater because fire 1 has a 3.5 mile range on it and we’re not licensed for the frequency of it we’re only licensed for the other side.

Larry Hatfield asked how this one fire department could do this? Assistant Chief Whittaker stated because they own it lock stock and barrel. They own the tower, the equipment, and the license for the frequency. They got it all.

Tony Miller asked where they got the financing to buy all that? Assistant Chief Whittaker stated that formally we would get a bill about this time of the year from Nichols Fire District saying you owe us a certain amount of money for using the channel. We split it with all the other fire departments because we all used it.  Now they have since decided they don’t want our money they just want us off. So now, presuming, the other fire districts will have to absorb the cost that we’re not paying.

Mayor Sohm asked if that was always stated as maintenance fees? Assistant Chief Whittaker stated he did not know.

Mayor Sohm stated that if we have a stake in it and spent money on it then we might have a right to it.

Larry Hatfield asked what it would cost to have our own channel? Assistant Chief Whittaker stated he was working on that. He stated he has spoken with Mr. Vince Heuser about getting our own antennae on their tower and he’s in agreement. He’s already talked with RadioLand. They are waiting on him to get them a set of coordinates for a tower site so we can work on getting our own repeater. We’re moving forward but this is just a little faster than he can keep up with.

Assistant Chief Whittaker stated in the worse case scenario we won’t be able to talk with dispatch.

Larry Hatfield stated his concern over this. He stated we have got to be able to talk to dispatch. Mayor Sohm stated he feels it’s just as important to be able to talk with other fire departments also.

City Attorney Wantland asked Assistant Chief Whittaker to have a draft proposal at the next meeting?

Mayor Sohm stated he feels we should continue to pursue our own repeater.

Larry Hatfield stated he would like the council to authorize the Mayor to write a letter to Tim White, Nichols attorney or for us to look at the law to see if by us paying money into that district do we have any recourse to hold them off.

Don Cundiff asked about the house on Highway 44. Chief Spriggs stated that Bobby Roution had purchased the property and they are awaiting the paperwork. He stated that asbestos had been found and that needs to be cleaned up before burning.

Larry Hatfield stated that he had looked at where the City was looking to put the road through Beech Grove Road and he has changed his mind on where it should go. He asked the Council to go look at. Mayor Sohm stated they did look at and the State did a survey on it and said this route would cost $2.3-$2.7 million to put the road there.

Larry Hatfield also stated that the development that has tied into sewers behind River Oaks and run a sewer line behind all those houses in River Oaks. They need to fix their yards. Mayor Sohm stated that he has already spoken with developer and he is going to have a contractor come in and redo all that. They are going to till it up, level, seed and straw the yards.

Mayor Sohm asked for a motion to adjourn to executive session to discuss possible litigation, purchase of property, and a new company that wish to come to town and do not want the media to know about at this time.

Tony Miller made motion to adjourn to executive session. James Watkins 2^nd. Motion carried 6-0.

Don Cundiff made motion to return to regular session. James Watkins 2^nd. Motion carried 6-0.

City Attorney Wantland stated that no action was taken directly except to authorize the mayor and council to proceed under the instructions given to them by the Counsel. It is concerning land acquisition and the interview of perspective businesses in our community.

Don Cundiff made motion to adjourn. Larry Hatfield 2^nd. Motion carried 6-0. Meeting adjourned at 9:54 p.m.

APPROVED:                                                                                       ATTEST:

Joseph G. Sohm, Mayor                                                               Tammy Owen, City Clerk