Dones joins council as it prepares to respond to former mayor’s lawsuit

Mayor Dick Heaton, right, shakes hands with Councilman David Dones after he was sworn-in Tuesday evening to fill the open council seat vacated by Heaton when he was appointed to serve as mayor last week. Dones’ wife Danna watches from left.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, April 25, 2017, 11 p.m. — The Bardstown City Council appointed businessman David Dones to serve out the remainder of Mayor Dick Heaton’s council seat. Dones’ appointment was unanimously approved by the council.

Councilman David Dones shares Councilman Bill Sheckles’ iPad after taking the oath of office.

Dones was the seventh-highest vote-getter in last November’s city council election. He was long considered the front-runner to be appointed to fill the open set on the council when it became clear former Mayor John Royalty would be removed. Dones’ term will run through Dec. 31, 2018.

Councilman Bill Sheckles made the motion to appoint Dones to the council, calling his experience in business and engineering background “an asset to this council.” Mayor Dick Heaton agreed that Dones brings substantial valuable experience.

“First and foremost, I’d like to thank the citizens of Bardstown for this opportunity to serve them,” Dones said. “Thanks to my fellow councilmen for having the faith in me to help them move this city forward.”

ROYALTY LAWSUIT RESPONSE. The council went into executive session to discuss former mayor John Royalty’s lawsuit against the council. The lawsuit sought to stop or delay the public hearing that ended with the mayor’s removal on Thursday, April 13, 2017.

• Click here to read John Royalty’s lawsuit (a pdf file will open in a new window)

The lawsuit also claimed the mayor’s right to due process were violated by the council’s actions that included hiring a hearing officer and setting the hearing date without consultation with Royalty’s attorneys. The lawsuit also seeks damages and punitive damages.

After the executive session, the council voted unanimously to allow their attorney, Bruce Reynolds, to file a counterclaim in response to Royalty’s lawsuit and claim for damages. “(The council) thinks they’ve been wronged too,” Reynolds said.

Doug Hubbard, one of Royalty’s attorneys, said Wednesday afternoon that the hearing process outlined in state law is flatly unconstitutional. In Royalty’s case, the council adopted the report of allegations against the mayor, and then the same council had to stand as jury in deciding if the Royalty’s actions constituted official misconduct.

So far there’s been no official word if Royalty has immediate plans to file an appeal of his removal. Such an appeal would be filed in Nelson Circuit Court.

HISTORIC REVIEW BOARD COAs. The following recommendations for certificates of appropriateness for forwarded by the HRB to the city council for its approval.

COA-17-22. Ron May, applicant/owner. New exterior sign at 126 North Third St.

COA-17-23. Just Jane LLC, applicant/owner. New exterior sign at 107 West Flaget St.

COA-17-24. Salem Realty Inc, applicant/owner. Conditional use for an apartment on the first floor of former retail space at 216 West Stephen Foster Ave.

COA-17-25. Clear Water Properties LLC., applicant/owner. Approval of a new HVAC unit for the home at 205 North 5th St.

COA-17-26,27 & 28. Joe Buckman/Michael Katz and Julie Talbott, applicant/owner. The HRB denied a request for a cupola for a garage under construction at 202 South Third St. The HRB approved removal of a door and rebuilding the screened-in porch.

COA-17-29. Kat Properties, applicant/owner. Approval of a request to paint the rear of the building at 114 North Third St.

COA-17-30. Annette Filiatreau, applicant/owner. Approval of a request to paint the exterior at 215 South Fifth St.

COA-17-31, 32, 33, 34. Franklin Hibbs IV and Alexandria Mills, applicants/owners. Approval to paint the trim and doors; add inserts to garage doors; add a privacy fence; and fill the center driveway insert with brick at 216 North Fourth St.

SHORT TERM RENTAL ZONING REGULATION. The council approved first reading of an ordinance to provide some guidance and regulation regarding the proliferation of short-term rentals, otherwise known as “AirBnBs.”

The regulations do not require the owner of the property to live there, nor do they require a property manager to live on-site. The regulations require:

— the name and contact information of a local contact will be posted on the exterior of the home;
— the maximum occupancy is two times the number of bedrooms;
— the dwelling must have off-street parking.

The proposed regulation allows the board of adjustments to consider the density of short-term rentals in a neighborhood, and if that density could be harmful to the character of the neighborhood.

• To read the complete regulations, click here. (a pdf file will open in a new window)

In other business, the council:

— changed the names of individuals authorized to sign checks to include Mayor Heaton; Tracy Hudson, chief financial officer; Councilman Joe Buckman; and Councilman Bill Sheckles.

— reviewed the minutes of several council and committee meetings.

NEXT UP. The council’s next meeting is 5 p.m. Tuesday, May 2, 2017, in the council chambers at the City Hall annex adjacent to the Rec Center gym.

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