MINUTES

LAGRANGE CITY COUNCIL

APRIL 6, 2009

CITY OFFICIALS PRESENT        Elsie Carter, Mayor; Stephanie Cooper, City Clerk and Graham Whatley, City Attorney

COUNCIL MEMBERS PRESENT                       Joe Davenport, Tom Goldsmith, Wally Nay, Jason Taylor, Jean Knight, Melanie Woosley, Debbie Pollard and Linda Hall.

Mayor Carter called the meeting to order at 6:31 p.m. and led the council and audience in the Pledge of Allegiance to the Flag.

As a first order of business, Mayor Carter asked for a motion to go into a closed session for pending litigation.  Councilman Nay made motion, seconded by Councilwoman Knight.  The motion in favor of passed unanimously, 8 to 0.  Councilman Goldsmith made motion to go back into open session at 6:42 p.m., seconded by Councilman Nay.  The motion in favor of passed unanimously, 8 to 0.

APPROVAL OF MINUTES FOR MARCH 2, 2009        Councilman Nay made motion to approve March 2, 2009 minutes, seconded by Councilman Goldsmith.  The motion in favor of passed unanimously, 8 to 0.

CITY ATTORNEY REPORT         Graham Whatley gave a report on the legal status of the City, including relevant ongoing lawsuits on zoning matters, foreclosure actions for property tax proceeds, a personal injury lawsuit of which the City is a named defendant and a HUD action alleging discrimination by the City Council in its decision making process on a zoning map amendment denial which has a large potential monetary damage claim attached if liability is found.  Regarding important upcoming legal issues requiring the City Council's immediate attention, Mr. Whatley informed the Council of his meetings with a representative of the Department of Transportation on the issue of the City of LaGrange keeping its two quiet zones and what would be required by the Council by ordinance to do by approximately June 2009 to maintain them.

MAYOR'S ANNOUNCEMENT: As a result of the latest meetings with the DOT representative and the need for decisions to be made regarding changes/improvements to the many train track crossings within the City especially as they relate to the quiet zone(s) which currently exist here, and the requirement that the majority of these changes will be required to be made by "ordinance" as required by Kentucky Revised Statute, Mayor Carter announced her intent to appoint a new committee for the City to be responsible for this issue.  She informally announced her intent to name the following Council members to the committee, Jean Knight, Jason Taylor, Melanie Woosley and Debbie Pollard.

PUBLIC WORKS REPORT          Keith Crowder, Director of Public Works, gave his division's report on current work schedules and projects, the ongoing issues related to the clean up of the City from the February ice storm and the City's ability to recover monies outlaid in that effort.  Mr. Crowder informed the Council in particularity of the work schedule for sidewalk installation and remediation for the remainder of the fiscal year 2008-2009.

CHRISTINA POOLE WITH GEOFF DAVIS' OFFICE               Christina Poole gave a general overview of the functions of the local staff to Mr. Davis and in particular the list of services that are offered thru Geoff Davis' office to the citizens of his district.  These include assistance on attaining grants, representation on important legislative issues before Congress and that assistance is available for anyone visiting Washington DC and wanting to get tickets to visit the Capitol building or the White House.

OCEDA/OLDA PRESENTATION                        Jim Kramer gave a presentation for OCEDA and Blake Haselton gave a presentation for OLDA. Jim Kramer announced the resignation of Mr. Joe Schoenbaechler as OCEDA's executive director and that a search would begin for a permanent replacement immediately.  Mr. Kramer announced that in the interim, Deena Karem, who is currently at the Chamber of Commerce, would be the acting executive director of OCEDA on a temporary basis not to exceed six (6) months.  

DISCOVER DOWNTOWN REPORT      Barbara Edds gave a report on past and upcoming events.   

LAGRANGE FIRE DEPT REPORT         Chief Sitzler gave his quarterly report.

LAGRANGE COMMUNITY CENTER REPORT           Josh Lewis, Director of LaGrange Community Center, gave a report on programs at the LaGrange Community Center.  Mr. Lewis provides reports to the Council on a quarterly basis.

PUBLIC COMMENT           Charles McCarrick, 528 Wood Lake Drive, as the elected Constable for Oldham County, made comment on Main Street parking offenses and his intent to enforce parking laws on downtown streets.  Audrey Rahm, widow of Ricky Rahm, the former Director of Public Works who died while on a work project for the City, responded to comments made at the March City Council meeting alleging that the purchase of flowers by the City for her late husband was an illegal act and outside the discretion of the Mayor, presented City Council $75.00 reimbursing the City for flower expense to her husband.  Ms. Rahm announced the creation of a fund, to in the future help pay for flowers for those who die while serving the City, as her husband did and presented the City a check for $100.00 to establish the Ricky Rahm Memorial Flower Fund. Richard W. Rankin, 519 Horton Road, gave $50.00 as a second donation to the Ricky Rahm Memorial Flower Fund. 

RESOLUTION 2-2009 - RESOLUTION OF AGENCY TRANSFERRING FROM NON-HAZARDOUS TO HAZARDOUS COVERAGE                      Councilman Nay made motion to approve Resolution 2-2009, seconded by Councilwoman Pollard.  Mayor Carter did a roll call vote: Councilwoman Woosley-yes, Councilwoman Pollard-yes, Councilwoman Hall-yes, Councilwoman Knight-yes, Councilman Taylor-yes, Councilman Nay-yes, Councilman Goldsmith-yes and Councilman Davenport-yes.  The motion in favor of passed unanimously, 8 to 0.

RESOLUTION 3-2009 - RESOLUTION FOR FINANCIAL ASSISTANCE FOR ICE STORM DISASTER RELIEF FROM FEMA         The resolution, required by FEMA requires the written approval of the City Council to seek reimbursement from the federal government for monies outlaid in the cleanup from the February ice storm since Kentucky and the City of LaGrange in particular were declared disaster area(s).  Councilman Taylor raised the issue that the document refers to a second page, which was not provided for the Council's review.  Council was informed that a deadline exists for the seeking of the funds and that delay in passing the resolution would mean loss of the funds to reimburse the City.  The Council was informed they would be provided a copy of the second page in the next few days.  Councilwoman Knight made motion to approve Resolution 3-2009, seconded by Councilman Nay.  Mayor Carter did a roll call vote: Councilman Davenport-yes, Councilman Goldsmith-yes, Councilman Nay-yes, Councilman Taylor-no, Councilwoman Knight-yes, Councilwoman Hall-yes, Councilwoman Pollard-yes and Councilwoman Woosley-yes.  The motion in favor of passed, 7 to 1.  Members who approved were asked to remain after the meeting to sign the FEMA document.

RESOLUTION 4-2009 - RESOLUTION FOR THE LAGRANGE POLICE DEPARTMENT TO APPLY FOR A COPCHRP GRANT                       This resolution grants authority to the Mayor to apply for this grant with the express understanding that as a condition of the grant, the City of LaGrange Police Department may hire new officer(s) whose salary (ies) will be paid for three (3) years so long as the City commits to paying the officer(s) salary (ies) in the Fourth (4th) year.  Councilman Nay made motion to approve Resolution 4-2009, seconded by Councilwoman Woosley.  Mayor Carter does a roll call vote: Councilwoman Woosley-yes, Councilwoman Pollard-yes, Councilwoman Hall-yes, Councilwoman Knight-yes, Councilman Taylor-yes, Councilman Nay-yes, Councilman Goldsmith-yes and Councilman Davenport-yes.  The motion in favor of passed unanimously, 8 to 0.

1ST READING OF ORDINANCE 4-2009 - AN ORDINANCE AMENDING 17-99 THE PERSONNEL POLICIES AND PROCEDURES AND CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF LAGRANGE POLICE DEPARTMENT   This ordinance seeks to amend the classification of work descriptions within the police department from non-hazardous and to further amend the job descriptions and stated positions to now include the position of Major within the department.  Councilwoman Knight made motion to send Ordinance 4-2009 to ordinance committee for review, seconded by Councilwoman Pollard.  The motion in favor of passed unanimously, 8 to 0.  

2ND READING AND PUBLIC HEARING OF ORDINANCE 3-2009 - AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF LAGRANGE FOR CODIFICAITON       The ordinance grants funding to the Mayor to contract for the legally required codification process requiring re-codification of the statues at least once every five (5) years.  The funds will allow as part of this process for the ordinances of the City of LaGrange to be placed upon the internet for the public to most efficiently have access.  Councilman Taylor made motion to go into public hearing, seconded by Councilman Nay.  The motion in favor of passed unanimously, 8 to 0.  No comment.  Councilman Nay made motion to go out of public hearing, seconded by Councilwoman Knight.  The motion in favor of passed unanimously, 8 to 0. Mayor Carter calls for the question.  Councilman Davenport-yes, Councilman Goldsmith-yes, Councilman Nay-yes, Councilman Taylor-yes, Councilwoman Knight-yes, Councilwoman Hall-yes, Councilwoman Pollard-yes and Councilwoman Woosley-yes.  Ordinance 3-2009 passed unanimously, 8 to 0.

NEW BUSINESS     Councilwoman Pollard was recognized by the Chair.  She indicated she had polled the members of the ordinance committee and that they had all decided to  approve the Planning and Zoning ordinance as had previously been submitted to the City Council and voted upon and that it was the ordinance committee's unanimous decision to vote to override the Mayor's veto of the ordinance.  Motion made by Ms. Pollard to override veto on Ordinance 14-2008, seconded by Councilman Taylor.  Mayor Carter does a roll call vote:  Councilwoman Woosley-yes, Councilwoman Pollard-yes, Councilwoman Hall-yes, Councilwoman Knight-yes, Councilman Taylor-yes, Councilman Nay-no, Councilman Goldsmith-yes and Councilman Davenport-yes.  The motion in favor of passed, 7 to 1.

ADJOURN    Mayor Carter adjourned meeting at 9:06 p.m.

                                                                                           ELSIE B. CARTER, MAYOR

ATTEST:

STEPHANIE COOPER, CITY CLERK