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City to file suit against Maiden

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By Phyllis McLaughlin

Carrollton City Council on Monday voted to authorize City Attorney Ed James to file a lawsuit against a resident for violation of a city zoning ordinance.

Mayor Gene McMurry said Tuesday that the suit will be filed against Danny Maiden, whose trailer on property at the end of Mason Street violates city ordinance 156.083, which prohibits the placement of a mobile home on city lots that are not within approved existing mobile home parks. There are no mobile home parks within city limits.

The issue began in 2002, when Maiden went before the Board of Adjustments claiming the trailer and his property were not within city limits. At that time, he and then-girlfriend Lorrie Kinkaid said they were planning to build a log cabin on the property.

City documents were not clear as to whether the property was in the county or the city, however in 2003, District Court Judge Elizabeth Chandler included the property within city limits. Later that year, Maiden was granted a variance that allowed the trailer to remain on the property for six years while he built the new home. He received a one-year extension when the original variance expired.

That extension ended in 2010; the trailer remains, but the new home was never built on that property.

Former code enforcement officer Art Zook brought the situation to council’s attention last March, presenting paperwork that showed Maiden had been paying city taxes on the property. Zook also told council at the time that he’d sent Maiden a letter in August 2011, but had received no response.

At that time, and again in August, council voted to authorize then-City Attorney Nick Marsh to take legal action to have the trailer removed.

McMurry said Tuesday that Marsh did send another letter to Maiden regarding removal of the trailer, but that letter also generated no response.

“It never got pushed,” McMurry said. “This time, we went straight to litigation.”

In the meantime, a lawsuit against the city, filed by Maiden, remains in litigation. Maiden sued the city claiming that, during work on the old firehouse building, city workers damanged the rear of a building he owned at 110 Court Street – next door to the city-owned fire house.

Maiden no longer owns that building, which the city bought last year for $34,000 during a commissioner’s sale after MainSource bank foreclosed on the property. In a published legal announcement, MainSource claimed Maiden owed $115,522 on the property. The city’s payment, minus court costs and fees, was claimed by MainSource and put toward Maiden’s debt.

Maiden has no telephone number listed in the local directory and could not be reached for comment.

City fire department receives FEMA grant

Carrollton Fire Chief Greg Beck informed council that the city was awarded a $55,016 grant from the FEMA Assistance to Firefighters Grant program for fiscal year 2012.

Beck said $41,000 from the grant will be used to purchase a new Cascade and Compressor system to fill air cylinders used by firefighters when entering smoke-filled buildings. The remaining $14,016 will be used for certification training and testing for city fighrefighters this year and in spring 2014.

The new Cascade system upgrade includes a carbon monoxide detector and means the department won’t have to transport the air bottles to Dow Corning or Arkema to be filled.

Beck said he will send requests for bid to the three companies from whom he obtained cost estimates when the grant was being written by Joan Moore, former executive director of the Carroll County Community Development Corporation.

He said the city’s old equipment could be traded in when the new equipment is purchased, or the city could consider donating the old equipment.

Mayor McMurry asked Beck to include a trade-in with the bid specifications, because he was concerned that the city might be liable for any problems that might occur with the equipment if it is donated to another organization.

Final payment for park work postponed

Mayor McMurry tabled action required by council regarding the final payment to Kevco for completion of the RV park.

On Tuesday, McMurry said KEVCO has repaired the drainage problem in the bathhouse, but upon a recent inspection of the site he noticed paint peeling off of the deck around the building.

The wooden structure “was not supposed to be painted with epoxy, it was supposed to be stained,” McMurry explained, adding that he plans to request KEVCO to remediate the situation. 

“I’m not making a final payment until we get that resolved,” he said.