Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, November 10, 2003 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kelly Shannon, Laura Whitney, Howard Roberts, Tom Ferguson, and Leeroy Winburn. Absent was Member Drane Stephens.

The minutes of the previous regular session held on October 13, 2003 were reviewed. Motion made by Member Roberts and seconded by Member Ferguson to approve the minutes as presented. All members present voted "Yea".

Subject: Community Problem Solving - The fifth and sixth graders of the gifted and talented students from Eminence School were present with teacher Donna McClamroch to discuss a project they would like to pursue. The students' group is known as Students Planning Local Activities Supporting Health, Improving Now for Children (Splash, Inc.). They had about 30-40 activities originally on their list after surveying all the students and parents. The activity they decided on was a project to open the City pool. Their project would include them raising the money to do the necessary repairs to include replacing the concrete in the pool bottom, purchasing an enclosed slide and replacing the volleyball nets. They would also like to include putt-putt golf. They feel we would need two lifeguards and one manager and they already have people in the school system who are certified and who are interested in these positions. They would pursue grants, solicit funds from local individuals and businesses and hold yard sales, bake sales, and canned food drives to raise the necessary money. They estimate they need approximately $18,000.00 for the repairs. Some of the possible grants are from Toyota, Galyans and the Beaumont Foundation of America. They are seeking the council's permission to proceed with the fund raising. Motion made by Member Shannon and seconded by Member Whitney to support the students with their project to re-open the pool and to further support their grant writing and fund raising efforts. All members present voted "Yea". Mayor Bates presented the students with their first donation of $100.00.

Ms. McClamroch stated that the 7th and 8th graders were scheduled to attend tonight but due to a conflict with an academic meet they will need to attend a later meeting. Their project is to re-instate Eminence Days.

Subject: Use of Trailer- Brigitte and Ben Dunn were present to request the use of the City's trailer on Ballardsville Road (old cable office) free of charge as an emergency food bank location. They are a non-profit tax-exempt organization (Country Bo's Meals on Grills, Inc.) that assist homeless and underprivileged individuals. They donate cookouts to raise money to support many of their other efforts. They have already identified 100 families in Henry County who need assistance. The use of this trailer would not cost the City anything, as they would do all the necessary renovations. They would also be able to use the trailer as "in-kind" for other grant applications. The estimated costs to do the repairs is $2,000.00 which includes putting in a new water heater, rest room repairs, a pumping system to get the sewage to the City's sewer main and roof repairs. They would pay all utilities and name the City as an additional insured on their insurance. The use of this building might also allow them to be a commodities distribution site. Motion made by Member Whitney and seconded by Member Winburn to authorize County Bo's Meals on Grills, Inc. (Ben and Brigitte Dunn) to use the trailer as an emergency food bank at no cost to the City with them to be responsible for all repairs, utilities, insurance and other items as required with a 30 day out for each party in the agreement. All members present voted "Yea".

Subject: Property Owner Complaints - Thelma Smith who owns property at 4343 North Main Street was present to complain about the charges for trash service and to request a variance. Ms. Smith stated she was previously paying $48.00 a quarter and with the new trash service she is paying $45.00 per month. She is requesting a variance as this ordinance is affecting her adversely. She stated she has no more people living in her four apartments than some people have living in one house. It was explained to Ms. Smith that the charges for trash service are made based upon number of living units, which in her case is four. Request for variance was denied.

Ms. Smith further addressed her violation of the City's ordinance for maintenance of property at this address. She stated she felt she had complied with the letter to paint her building and cut the grass, except for the one area in the back where she plans to grow strawberries. She was also upset that the police and Fire Marshall were at her property without her permission or her being notified. Chief Hadden presented pictures to council of the condition of her property. Council was appalled at the condition. Mayor Bates stated that a lot of problems were found and that it has been an ongoing problem. She must bring everything up to the required standards. Ms. Smith stated that she has received a criminal summons to go to court on November 24th at 9:00 a.m. and questioned if she did everything would she still have to attend. Chief Hadden stated that he could not discuss this with her and that she would have to appear. Ms. Smith stated she did not feel when her tenants leave that she should have to clean up after them. Council stated that Ms. Smith would have to maintain her property. She continued to argue and was asked to leave by Mayor Bates.

Subject: County Business - Magistrate Wayne Gunnell was present to discuss county business with council. Reported that the trash resolution has been done with bids being advertised and opened. Rumpke is the low bidder on residential service at $15.28 per month. They have agreed to provide commercial service at $18.00 per month. The County will have the first reading of the ordinance on Tuesday, November 18th.

Reported that the county recently installed a 911-radio link at the Eminence Police Department tower to assist with better transmission for all police and fire operations in the area. This cost approximately eighteen hundred dollars and will be paid for from the 911 funds.

Reported that Barry Taylor has replaced Clinton Wright as a representative on the planning and zoning commission.

Reported that the County continues to work on the budget problems with the jailer agreeing to increase the per diem fee for prisoners by $10.00 to a new per diem of $27.50. The collection rate for this, however, is only about 1/3.

Subject: West Owen Street Project - West Owen Street Project Manager Kriss Lowry was present to give a status report on the project. Several deeds are ready for signature and the heirs have been determined on the Whitson McGruder estate. Reported that per our instructions, she has offered Janet Timberlake $8,000.00 for her lot. Ms. Timberlake, who was present, has expressed an interest in not selling her lot and purchasing the two adjacent lots for $7,000.00 each. She would like to have her attorney read the documents prior to signing them. She requested information on the yard requirements. Attorney Brammell stated that if it is zoned R-1 the front yard would need to be 25 feet, rear yard would need to be 35 feet and the sides would need to be 20 feet combined with one side not less than 8 feet. Attorney Brammell stated that she would probably not have any trouble getting a variance if needed. Motion made by Member Roberts and seconded by Member Shannon to authorize selling the two adjacent lots to Janet Timberlake that join her property for the total sum of $14,000.00 or $7,000.00 each after her attorney reviews the contracts. On a call for the vote, voting "Yea" were Members Winburn, Ferguson, Roberts and Shannon. Abstaining due to a family connection was Member Laura Whitney.

Motion made by Member Shannon and seconded by Member Roberts to approve the agreement not to acquire the Janet Timberlake property at 295 West Owen Street. On a call for the vote, voting "Yea" were Members Winburn, Ferguson, Roberts and Shannon. Abstaining due to a family connection was Member Laura Whitney.

Ms. Lowry stated she has another individual who wishes not to sell her property. Barbara Moore, who owns property at 218 West Owen Street, would like to maintain her property also. Motion made by Member Winburn and seconded by Member Ferguson to approve the agreement not to acquire the Barbara Moore property at 218 West Owen Street. On a call for the vote, voting "Yea" were Members Winburn, Ferguson, Roberts and Shannon. Abstaining due to a family connection was Member Laura Whitney.

Ms. Lowry reported she has a meeting set up with Ralph Reed and Michael Thomas concerning their properties.

Subject: Eminence Tomorrow - Main Street Director Mary Jane Yates was present to review the status on the Eminence Tomorrow projects. Reported that the demolition started today on the streetscape project. They will complete the current site this fall with future construction delayed to the spring, 2004.

Mary Jane has confirmed with the state that the presentation check from the Governor was incorrect and that the amount should have been $250,000.00.

Reported that the TEA-21 grant application deadline is February 14, 2004. We will be applying for Phase 4 funds.

Mayor Bates reported that he has had the bump-out changed back to the original arc at the Highway 22/55 intersection and the Depot Avenue bump-out reduced by three feet, which changes the roadway to 18 feet at Depot Avenue. We will receive a credit back for this change order.

Ms. Yates reported she will be delivering the façade grant applications on Wednesday to the Heritage Council.

Ms. Yates reported that the Light Up Eminence festivities are on track. Carolyn Skeen has volunteered to help with this project.

Reported on training she attended in Harlan County last week. Kevin Harris, a new board member, also attended one day.

Mary Jane reported that the 2004 National Preservation Conference will be held in Louisville in conjunction with the 25th anniversary of the Kentucky Main Street Program. She is one of ten serving on the committee to acknowledge this anniversary.

Subject: Planning & Zoning Zone Change Request - Mayor Bates stated that the agenda item for the zone change request from Jim Bennett is premature as the County has not addressed this yet.

Subject: Zoning Ordinance Amendment - Attorney Brammell held the first reading of an amendment to the zoning ordinance adding section 670(III), which addresses adult entertainment establishments.

Subject: Police Department Report - Police Chief Mount Hadden reviewed the monthly activity report with council.

Chief Hadden reported that a narcotics roundup was held on October 19, 2003 with six arrests being made.

Chief Hadden reported that the department has received a federal equipment grant totaling $5,556.00 (5,000.00 grant money and 556.00 local funds).

Chief Hadden presented council with the results of an internal survey he performed with the officers.

Subject: Property Ordinance - Mayor Bates requested volunteers to serve on a committee to assist with updating the property ordinance. Volunteering were Members Shannon, Winburn and Roberts. Also to serve on the committee are Attorney Brammell and Mayor Bates. Chief Hadden reported that the problems with the Thelma Smith property have been ongoing since 1999 and that the Mayor has authorized him to proceed with the next step on all enforcement rather than continue to send letters.

Subject: Public Works Report - Public Works Director William Smith reviewed the monthly activity report with council.

Subject: Ordinance Amendment Increasing Water & Sewer Rates - Attorney Brammell held the second reading of an ordinance increasing the rates to be charged for water and sewer services. Motion made by Member Roberts and seconded by Member Ferguson to approve the ordinance as read. All members present voted "Yea".

Subject: Community Center Report - Mayor Bates presented the November activity calendar in the absence of Sandy Rhoades. Reported that the Center has received a grant for 86,000.00 to purchase fitness equipment. The original grant request was for $98,000.00. Due to the grant award we will need to make some changes in the current office rental as one of the offices will need to be used for this fitness room. The Board recommends that Harvest Community Church be asked to vacate one of their offices and to offer them the use of the upstairs if they desire to continue with their contract using the Center. Motion made by Member Shannon and seconded by Member Roberts to accept the Board's recommendation and to authorize this change in the lease with Harvest Community Church if they desire to continue using the Center with a 30-day notice to them to vacant the office. All members present voted "Yea".

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the administrative office report with council. Reported that approximately 71.4% of the current budget amount for taxes has been collected to date. This does include the bank deposit taxes from Farmers Deposit and Central Bank.

Ms. Doane reported on the garbage collection. The transfer to the general fund for October was $4,366.91. We still continue to have a big difference in the number of services count with Industrial Disposal of about 55 customers.

Ms. Doane reported on training she attended in Bowling Green and on the Reality Store at the Henry County Middle School.

Subject: Additional Leak Adjustment - City Clerk Sandra Doane presented a request on behalf of Valda Jones of 90 Maple Avenue for an additional leak adjustment. She feels the leak crossed over at least two readings prior to the landlord getting it fixed. Motion made by Member Whitney and seconded by Member Ferguson to authorize an additional leak adjustment as per formula. All members present voted "Yea".

Subject: Fire Department Report - Steve Sparrow was present on behalf of the Fire Department. The activity report was reviewed. Steve reported that he was present when the State Fire Marshall inspected 4343 North Main Street. She will be given 30 days to comply with the findings with an inspection to be held at the end of that time. If still any problems an additional 15 days will be given, another inspection held and one additional 15 days.

Mr. Sparrow reported that the door into the Fire Department from the outside is finally complete.

Mr. Sparrow reported that the department has received a DES Grant in the amount of $1,100.00. This is a matching grant. They have also received a Division of Forestry grant in a match amount up to $1,900.00.

Mr. Sparrow reported that a firefighter field program will be held in this area soon. They sell advertisements and make books and then do programs for the kids countywide.

The two burnt out properties (Moore's and Koenigstein's) were discussed. Steve stated we needed more teeth in our ordinance to enforce getting these torn down.

Mr. Sparrow suggested that the council consider a no burn period instead of allowing permits to burn and that perhaps we could still allow burn barrels and construction site burns.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the warrants for payment as presented. All members present voted "Yea".

Subject: Annexation Ordinance - Attorney Brammell stated he has gotten a signed consent from Jesse Harlow on Ballardsville Road to have his property annexed into the City. Attorney Brammell held the first reading of an ordinance annexing the Jesse Harlow property at 1046 Ballardsville Road into the City limits.

Subject: Light Up Eminence - Mayor Bates reported that the annual "Light Up Eminence" will be held on December 6th. Kelly Shannon and Mary Jane Yates will be coordinating this activity.

Subject: Annual Christmas Dinner - Mayor Bates reported that the annual Christmas Dinner will be held on Thursday, December 11th at 6:00 p.m. at Our Best Restaurant in Smithfield.

Subject: Meeting Change - Mayor Bates changed the December meeting to Monday, December 15th due to a scheduling conflict.

Subject: Ronnie Lucas Public Service Award - Mayor Bates asked for two council volunteers to assist with choosing the person to receive the Ronnie Lucas Public Service Award this year. Members Shannon and Whitney agreed to work on this with the Mayor.

With no further business to discuss, motion made by Member Roberts and seconded by Member Ferguson to adjourn. All members present voted "Yea". Meeting adjourned at 8:37 p.m.

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