MINUTES OF A REGULAR MEETING OF THE CITY



MINUTES OF A REGULAR MEETING OF THE CITY

COUNCIL OF THE CITY OF LONDON, KENTUCKY,

HELD

JULY 2, 2018

A regular meeting of the City Council of the City of London, Kentucky, was held July 2, 2018, at 5:30 p.m. at City Hall in London, Kentucky. Mayor Troy Rudder presided and the following duly qualified and acting members of the City Council were present:

Councilperson Steve Berry

Councilperson Kelly Greene

Councilperson Bobby Joe Parman

Councilperson Danny Phelps

Councilperson Noah White

Councilperson Judson Weaver

City Attorney Larry Bryson was present.

Prayer by Bro. Jake Brock, Swiss Colony Missionary Baptist Church

* * *

The meeting was called to order by Mayor Troy Rudder.

MINUTES

A motion was made by Councilperson Kelly Greene and seconded by Councilperson Noah White to approve the Minutes of June 4 and June 11, 2018 and to dispense with the reading of the minutes.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

OPIOID EPIDEMIC IN THE CITY OF LONDON

Attorneys Richard Couch, John Hunt Morgan and Matthew Vinson addressed the Council Members regarding the potential litigation on prescription pain killer distribution. Attorney Vinson informed the Council that the development of opioids were initially only approved for short term pain or terminal cancer. Attorney Vinson informed the Council Members that the litigation has three major areas: (1) The first is similar to the tobacco lawsuits against cigarette and other tobacco companies that admitted to using additives that lead to addiction by smokers and tobacco users. (2) The second is for fraud, in that the opioid manufacturers did not comply with the controlled substance statutes and did not report their sales and distribution to the DEA as required, and (3) The third part refers to the damages that the distribution of the pills have had on cities throughout the nation.

Councilperson Bobby Joe Parman asked, “How does the City’s participation in the lawsuit help on the local level?” Attorney Vinson stated that the City would get a percentage of the money or county that participates in the lawsuit and stated that it would be 75 percent for the City and 25 percent for the attorneys. Attorney Bryson explained that this lawsuit is different than a Class Action lawsuit in that the class

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July 2, 2018

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action is one in which there are too many individuals to name. Attorney Bryson did recommend that the City become involved with this particular lawsuit.

A motion was made by Councilperson Noah White and seconded by Councilperson Steve Berry to authorize Mayor Rudder to enter into a Contract to join in the lawsuit on prescription killer distribution.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

THE WORLD CHICKEN FESTIVAL

Kim Collier and Kelly Burton of the World Chicken Festival were present to discuss the Chicken Festival this year which is scheduled for September 27 – September 30, 2018. The road closures will be the same as always.

PROCLAMATION – NATIONAL NIGHT OUT

Magen Zawko of the London Police Department spoke to the Council Members about the “National Night Out” scheduled for August 7, 2018 from 6:00 p.m. to 8:00 p.m. at the Farmers’ Market. Ms. Zawko stated there would be live music, Smokey Bear’s BBQ, fingerprinting, games, the Kentucky Blood mobile and much more.

The Proclamation was read by Attorney Larry G. Bryson.

A motion was made by Councilperson Danny Phelps and seconded by Councilperson Noah White to adopt the Proclamation for the “National Night Out”.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

BLACKTOP BIDS

Steve Edge, Public Works Director, presented bids received for blacktop, which are as follows:

1. ATS Construction

| Material |*Price Per Ton |

|CL2 0.38D Surface 64-22 | $ 56.00 |

| | |

| |

| |

| |

|London City Council |

|July 2, 2018 |

|Page Three |

| |

| |

| |

| |

|CL2 0.75D Base 64-22 | $ 53.00 |

|ENVIROPATCH | $ 84.00 |

| | |

|Hauling and Applying Asphalt |*Price Per Ton |

|T | |

| |$ 8.00 |

|Aaaaaaaa | |

2. Lipps Paving, LLC

| Material |*Price Per Ton |

|CL2 0.38D Surface 64-22 | $ 50.00 |

|CL2 0.75D Base 64-22 | $ 50.00 |

|ENVIROPATCH | |

|Hauling and Applying Asphalt |*Price Per Ton |

|T |Fftttttt$ |

| |$ 8.73 |

|Tft | |

A motion was made by Councilperson Steve Berry and seconded by Councilperson Bobby Joe Parman to accept the lowest and best bid of Lipps Paving, LLC.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

ADVERTISE FOR BIDS

Public Works Director, Steve Edge, presented the Council with three items to advertise for bids for the recycle grant:

a. Articulating Compact Loader

b. Metering bid for recycle center

c. Forklift (6,000 lb.)

A motion was made by Councilperson Judson Weaver and seconded by Councilperson Kelly Greene to authorize the Public Works Director to advertise for bids for the articulating compact loader, metering bid, and forklift.

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July 2, 2018

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Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

DOUG GILBERT, BUILDING INSPECTOR VACANT PROPERTY:

1. ARIZONA MORGAN

The property is located at 1514 Poindexter Street, London, KY.

Attorney for Reverse Mortgage Solutions, Brian E. Chapman was present to request Council to allow more time in this matter for the reason that Arizona Morgan is deceased. The foreclosure case is currently stayed because one of the heirs, James Wombles, is a debtor in a Chapter 13 bankruptcy case. Mr. Wombles’ case was recently converted to a Chapter 7, so should be free soon to proceed in the foreclosure.

Mayor Rudder suggested this matter be tabled to give Reverse Mortgage Solutions time to obtain the property and have the property sold.

2. WILLIAM J. AND BARBARA PENNINGTON EST.

The property is located at 402 Rosedale Avenue, London, KY.

Building Inspector, Doug Gilbert informed the Council that letters were sent in regard to all of the proceedings and has not received any calls from anyone.

In keeping with Ordinance No. 2008-05, the Property Review Commission certified to the London City Council that the property is blighted or deteriorated and procedures set forth in London City Ordinance No. 2008-05 have been followed in order to make the determination.

Council made findings in keeping with Section V Eminent Domain Proceedings of Ordinance 2008-05 which states:

a. That the property has deteriorated to such an extent as to constitute a serious and growing menace to the public health; safety, and welfare;

b. That such property is likely to continue to deteriorate unless corrected;

c. That the continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and

d. That the owner of such property has failed to correct the deterioration of the property.

After much discussion, a motion was made by Councilperson Kelly Greene and seconded by Councilperson Judson Weaver to authorize Attorney Larry G. Bryson to begin civil proceedings. Further, the file presented by the Building Inspector, Doug Gilbert, is incorporated herein by reference.

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Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

3. KENNETH AND JULIA ANN LESTER

Building Inspector Doug Gilbert presented the matter of Kenneth and Julia Ann Lester to the Council. Mr. Gilbert stated that all letters and notices have been sent and the property owners have failed to make corrections and abatement within the time period allowed. This property is located at 135 Rupert Lane, London, KY.

In keeping with Ordinance No. 2008-05, the Property Review Commission certified to the London City Council that the property is blighted or deteriorated and procedures set forth in London City Ordinance No. 2008-05 have been followed in order to make the determination.

Council made findings in keeping with Section V Eminent Domain Proceedings of Ordinance 2008-05 which states:

a. That the property has deteriorated to such an extent as to constitute a serious and growing menace to the public health; safety, and welfare;

b. That such property is likely to continue to deteriorate unless corrected;

c. That the continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and

d. That the owner of such property has failed to correct the deterioration of the property.

After much discussion, a motion was made by Councilperson Danny Phelps and seconded by Councilperson Judson Weaver to authorize Attorney Larry G. Bryson to begin civil proceedings. Further, the file presented by the Building Inspector, Doug Gilbert, is incorporated herein by reference.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

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July 2, 2018

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REVISIONS TO ORDINANCE NO. 2017-07 DEVELOPMENT ORDINANCE

The Council Members were presented with certain revisions to the Development Ordinance for the City of London to be reviewed. Mayor Rudder stated that Attorney Larry G. Bryson needs more time to review the proposed revisions to the Ordinance and have a chance to meet with the Committee and Doug Gilbert.

Mayor Rudder stated this matter will be on the agenda next month.

BOARD APPOINTMENT – MIKE HAMM – LONDON UTILITY COMMISSION

Mayor Rudder informed the Council that he would like to reappoint Mike Hamm for the London Utility Commission.

A motion was made by Councilperson Judson Weaver and seconded by Councilperson Danny Phelps to reappoint Mike Hamm for the London Utility Commission Board.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

ADJOURN

There being no further business, a motion was made by Councilperson Noah White and seconded by Councilperson Steve Berry to adjourn the meeting.

Then upon this motion came the following vote:

Councilperson Steve Berry, yes

Councilperson Kelly Greene, yes

Councilperson Bobby Joe Parman, yes

Councilperson Danny Phelps, yes

Councilperson Noah White, yes

Councilperson Judson Weaver, yes

Mayor Rudder declared the meeting adjourned.

________________________________

TROY RUDDER, MAYOR

_________________________

CAROLYN ADAMS

City Clerk

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