BEREA — City council met Tuesday and heard a legal opinion from City Attorney J.T. Gilbert that the finance committee violated the Kentucky Open Meetings law when it met in executive session with the Lexington accounting firm that conducted the city’s annual financial audit.
Gilbert’s legal opinion was requested by council member Ronnie Terrill, one of three Berea City Council members excluded from a meeting of the finance committee with the city’s audit firm. Terrill, Troy Van Winkle and Jerry Little are not on the finance committee and were asked to leave the meeting.
Gilbert said all council committee meetings are subject to the open meetings law and cannot adjourn to a closed session unless they meet certain specific exceptions.
“I do not believe that an exception is applicable in this case,” Gilbert said.
“So you are saying that this meeting was in violation of the Kentucky Open Meetings Act?” Van Winkle asked.
Gilbert answered, “Yes.”
Glenn Jennings, chair of the finance committee, said, “Let the record read that I have been appropriately admonished.”
After further discussion, consensus was reached that the finance committee chair can meet privately with the auditors before or after an audit to ask if the controls are weak or if there are problems or concerns. Otherwise, the committee cannot go into executive session unless specific exceptions occur such as sensitive personnel issues or discussions of real estate that would possibly affect values if made public prematurely.
After most of the council business was conducted, Mayor Steve Connelly called for an executive session of the council members to discuss what he described as “pending or anticipated litigation.” After 20 minutes in a closed session, normal business resumed and Connelly said no action was taken.
In other business, Connelly opened eight sealed bids for construction of a bridge for the Indian Fort trail project. The bids, ranging from $228,000 to $362,000, were referred to the finance department for evaluation and report.
Connelly asked Tim Taylor, street superintendent for the City of Berea, to stand and be recognized for completing certification as a Road Master through the University of Kentucky College of Engineering, the Kentucky Transportation Center and the Kentucky Transportation Cabinet. Taylor completed 13 training sessions over a two-year period to gain certification that signifies high achievement in the public works field.
Two Madison Southern students came before the council to request support for a teen dance club and a teen center where young people could have a chaperoned place to gather and have fun without drugs or alcohol. Connelly suggested the two students develop a plan of action by talking with other students, teachers and area churches. He asked that they return with a plan after the first of the year for council consideration.
Maggy Kriebel, Berea Parks and Recreation Director, and a group of participants in a Special Olympics basketball program, appeared before council to thank the City of Berea Police Department and the Fire Department for sponsoring a chili supper fundraiser on Nov. 6 for Madison County Special Olympics that raised $2,000 for new uniforms and sports equipment. Plaques of appreciation were presented to the fire chief and the police chief by Cody LaShelle and Ben Taylor.
City Administrator Randy Stone said cable access channel 12 would be carrying information about the city’s leaf pick-up plan that starts Nov. 23. Stone said residential leaf removal would take place on the same schedule as trash pick up so residents should have their leaves ready for pickup on trash pickup day.
Local News
Attorney says council violated sunshine law
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Friday at library : Lecturer to portray founder of Berea
John G. Fee, abolitionist and founder of both Berea and Berea College, will be portrayed Friday night by performer Obadiah Ewing-Roush as part of Kentucky Humanities Council Chautauqua performance series at the Madison County Public Library. There is no charge to attend the 7 p.m. event.
As the son of a slave-holding father, Fee witnessed firsthand the benefits of having slaves and the profits that could be made from their labor. When he graduated from college and enrolled in Lane Theological Seminary, he began to understand the inherent wrong and destructiveness of slavery. -
Berea woman dies Tuesday in Laurel County crash
A Berea woman, Tommie Johnson, 60, died Tuesday evening in a Laurel County crash, according to the the Laurel Sheriff’s Office.
The accident took place about 7 p.m. at the junction of Maple Grove Road and KY 363 south of London, as Johnson was attempting to turn onto the state highway.
Laurel County Chief Deputy Eddy Sizemore said Johnson’s Chevrolet Cavalier pulled out in front of a Dodge Durango driven by Charles Joseph, 19, that was traveling south on KY 363.
After being extricated from her vehicle, Johnson was transported to St. Joseph-London hospital, where she was pronounced dead.
Joseph also was transported to the hospital, where he was treated for minor injuries, according to the accident report. -
Finally February
Ian Rosser, an Eastern Kentucky University student from Lexington, clears snow from his car parked on campus Wednesday
morning after about an inch of snow fell in Richmond. Temperatures are forcast to be in the upper 40s today. Kentucky has seen a lot of rain in the past few months, as was predicted by the Farmer's Almanac, but very little snow has fallen. -
Volunteers needed for equine therapy
The Appalachian Foothills Therapeutic Equestrian Center will be hosting two, one-day volunteer training workshops for those interested in helping others with special needs.
The volunteer orientation days will be Friday and Saturday from 10 a.m. to 3 p.m., but only one day of training is required, according to Mark Martin who co-owns Appalachian Foothills Therapeutic Equestrian Center (AFTEC) with his wife Cheryl.
The all-volunteer organization, which is based in Jackson County, uses horses to help humans deal with physical and emotional challenges. -
Man accused of holding samurai sword to girlfriend’s throat
A Madison grand jury will hear the case of a man accused of threatening to cut his girlfriend’s head off, and attacking her father with a samurai sword.
Russell M. Masters, 42, of Richmond, is charged with two counts of first-degree wanton endangerment, which is a Class D felony, and fourth-degree assault (domestic violence with minor injury) and resisting arrest, which both are Class A misdemeanors. Masters could receive one to five years in prison on each wanton endangerment charge, and the misdemeanors both carry a maximum sentence of one year in jail. -
Arrest made in connection with stolen jewelry, computer
Richmond police have made an arrest in connection with property stolen from two homes last fall.
A woman reported to police Monday that she had discovered several items that were missing from her home on South Killarney Drive and her grandmother’s home on Raintree Drive, according to Richmond Police Chief Larry Brock. The items were a set of gold hoop earrings, a white Sony Vaio laptop, a yellow gold heart pendant, a gold tennis bracelet and a ladies’ wedding band with a diamond setting.
The complainant said the belongings had gone missing sometime between August and October. -
US 25 business owners scared of five-lane plan
Voices of Berea business owners upset about upcoming construction on US 25 will be taken to the state level, according to city administrator Randy Stone.
Several people operating businesses along a section of US 25 gave comments Tuesday to the Berea City Council, asking them reconsider plans to widen the road to five lanes.
The design is a five-lane highway with a center turn lane and a 10-foot shared use path on one side and a 5-foot sidewalk on the other side. -
Grand jury to hear copper theft case
The attorney for a man accused of stealing copper from a handful of electric poles questioned his identification as the same person who took copper from 32 poles two days earlier.
Public defender Meena Mohanty questioned Richmond police officer Nicholas Duvall during a preliminary hearing Wednesday in Madison District Court. Her client, Jeffrey W. Nester, 46, of Fourth Street, was arrested in connection with a Jan. 23 copper theft. He is charged with second-degree criminal mischief, theft by unlawful taking, possession of burglary tools and failure to notify address change to the Department of Transportation. These charges are all misdemeanors that, at most, carry a sentence of one year in prison. -
Judge weighs constitutionality of legislative redistricting
Kentucky’s deadline for filing to run for legislative seats was in flux on Monday because a judge did not immediately rule on a lawsuit challenging the constitutionality of newly redrawn district boundaries.
Franklin County Circuit Judge Phillip Shepherd said he expects to enter a ruling in the case by mid-week.
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Couple recovering from injuries suffered in weekend house fire
A couple was hospitalized after their home was set ablaze Sunday by a spark from a cigar, according to a county fire official.
County Fire Chief Jim Cox said the city and county fire departments were called to the home at 111 Concord Road in the early afternoon. Waco Volunteer Fire Department and the Richmond Fire Department also responded.
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