The regular monthly meeting of the Benton City Council was called to order on Monday, November 21, 2016 at 5:00 P.M. by Mayor Rita Dotson with the Pledge of Allegiance and opening prayer by Chris Smithmier. Council Members Present: Rita Murray Charles Edmonds Sherra Riley Chris Freeland Butch Holland Absent was Tim King. Other Staff Present: Zach Brien, City Attorney Bethany Cooper, City Treasurer Tracy Watwood, Police Chief Donald Lane was present to voice his concern about the water line going in on Mayfield Highway for the new Stave Mill. He is afraid that it will affect the water pressure for those around that area. Mayor Dotson has been assured by the City’s Water Department and the project engineer that there will be adequate pressure. Mayor Dotson is going to verify. Ricky Jones and Scott Lampkins were present regarding the property they jointly purchased on Old Symsonia Road. Jones read a letter that was presented to Planning & Zoning Commission in April 2016 requesting their split property be all zoned as C-2. Since then, it has been found that part of that property is not legally in the City limits. Mr. Lampkins recently visited Frankfort regarding the discrepancy with the City limit boundary on their property. They presented a letter and map signed by Secretary of State Grimes at the meeting that they received in the mail that day. This letter and map led them to believe that their property is all in the City limits according to the State’s map. With this information, they requested to withdrawal their request for annexation since they feel they are already in the City. Mayor Dotson explained to them that Kandie Adkinson with the Secretary of State’s Office is the one guiding the City and has told the City this property is not in City limits. After much discussion, Lampkins decided it was best to allow the Council to go ahead with the first reading of the ordinance annexing this property in as C-2 until further clarification is made with Mrs. Adkinson. Mayor Dotson asked Jones and Lampkins to contact her next week for a conference call with her so everyone is on the same page. City Attorney Brien read the first reading of an ordinance annexing property owned by Scott and Jerilyn Lampkins, Ricky and Jo Beth Jones and Randy and Natasha Henson to C-2. Gloria Franklin and Gayle McGregor were present asking the City to abandon the right-of-way on East 13th Street that runs into Mrs. Franklin’s property at 1301 Shelby McCallum Drive. City Attorney Brien explained that he has researched this property and the City does not actually own the right-ofway. Brien explained that a petition of abandonment will need to be filed and then the City can acknowledge that it has no desire to extend a roadway through that area, but the City cannot convey to Mrs. Franklin what it does not own. City Attorney Brien read a resolution confirming the adoption of an accurate legal description of property previously annexed and rescinding prior resolutions. The following resolutions are rescinded and nullified: Resolution 09-10-02, Resolution 15-08-02, Resolution 15-10-01 and Resolution 16-08-01. A motion was made by Holland to approve, seconded by Murray. Motion carried. City Attorney Brien read the first reading of an ordinance relating to the abatement of nuisances and governing the maintenance of structures and premises essential for the protection of the health and safety of the citizens of the City of Benton. City Attorney Brien read the first reading of an ordinance providing for an increase in the rates and charges for water sold to the City of Hardin, KY to become effective January 1, 2017. City Attorney Brien read the first reading of an ordinance amending the 2003 business license ordinance to become effective January 1, 2017. City Attorney Brien read the second reading of an ordinance correcting a typographical error in Ordinance No. 08-09-05 regarding the minimum billing rates for water service provided by the City. A motion was made by Riley, seconded by Freeland to approve. Motion carried. City Attorney Brien read the second reading of an ordinance amending section 52.38(C) of the City of Benton Code of Ordinances permitting the City to terminate water/sewer service to any residential or commercial customer who is delinquent. A motion was made by Murray, seconded by Edmonds to approve. Motion carried. Mayor Dotson asked the Council if they would like to make any changes to the Tater Day fees. All agreed that they should remain the same. Becky Cornwell with Marshall County Needline was present. She handles the vendor spots at H.H. Lovett Park. Last year the Council agreed to allow those vendors pay $25.00 instead of $50.00 since MC Needline is a non-profit organization and handles the setting up and cleaning up of that area. Council agreed to leave that the same for the 2017 Tater Day as well. The January regular meeting will be changed to Tuesday January 17, 2017 since Monday falls on Martin Luther King Jr. Day and City Hall is closed. Police Chief Watwood presented a sexual assault policy that is mandatory to be added to their Police Policy Manual. A motion was made by Edmonds, seconded by Holland to approve. Motion carried. Mayor Dotson informed the Council that two HVAC units have gone out in City Hall and need replacing. A motion was made by Edmonds, seconded by Freeland to amend the General Fund’s 2016- 2017 budget by moving $6800.00 from Miscellaneous Account to City Hall Improvements. Motion carried. Police Chief Watwood presented the October police report. There were 23 cases, 26 accidents, 62 citations of which 28 were for speeding and 596 calls to service. A motion was made by Edmonds, seconded by Riley to approve payroll and invoices. Motion carried. A motion was made by Holland, seconded by Murray to approve the regular minutes of October 17, 2016. Motion carried. Mayor Dotson informed the Council that Benton Water & Sewer bid out the Stave Mill project and was way under R & R Piping’s bid. The City’s bid was so much lower because the Gas Department’s labor to bore was not included. Mayor Dotson asked the Council their thoughts on adding a thin blue line on the crosswalks of 11th Street in front of City Hall to show appreciation and support of Law Enforcement. All Council agreed this was a good idea to proceed. Mayor Dotson announced that the City’s website has been updated and allows for online bill payment for Benton Water & Sewer. There being no further business to come before the Council, meeting adjourned at 6:47 P.M.
