Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, April 14, 2003 at 7:00 p.m. with Mayor Doug Bates and the following members present: Kelly Mathis, Laura Whitney, Tom Ferguson, Leeroy Winburn and Drane Stephens. Absent was Member Howard Roberts.

The minutes of the previous regular session held on March 10, 2003 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. All members present voted "Yea".

The minutes of the previous special called meeting held on March 27, 2003 were reviewed. Motion made by Member Mathis and seconded by Member Whitney to approve the minutes as presented. All members present voted "Yea".

Subject: Solid Waste Management - Mayor Bates introduced Leslie J. King, an Environmental Control Supervisor with Waste Management for the State of Kentucky. Ms. King reviewed the solid waste management plan with council including Senate Bill 2, which was passed in 1993 controlling all activities of solid waste. Counties and cities, except for cities of the first and second class, must comply and report on their progress. Last July, HB 174 was passed which provides a $1.75/ton environmental tipping fee to be included on garbage collection. Part of this fee is to be used to clean up orphan landfills or dumps. The state can now reimburse counties up to 75% of their cost to clean up after certain qualifications are met. Some of the qualifications are to have a five year plan submitted identifying all county dump sites with longitude and latitude, contents, etc; to have an effective universal solid waste program; and to have a solid waste coordinator. Only 51% participate in garbage collection in Henry County. The state has issued a notice of violation to Henry County for illegal dumping which carries a $1,000 per day fine. So far no fine has been imposed due to Judge Brent already cleaning up 16 sites. There are twenty-three sites on one road alone in Henry County.

Five million dollars has been budgeted from Department of Transportation for litter abatement activities. Distribution of these funds is based on number of road miles, rural population, population as compared to statewide population. Cities can get some of this money if we provide solid waste services. We are not currently eligible but had we been we would have received $1,192.89 this year. A 25% match is required by cities.

A universal system of waste management means that garbage service is available to every residence. Mandatory system is where each residence must use a garbage service. There are four permitted haulers in Henry County. Participation in the distribution of funds requires cleaning of city streets twice a year and county roads three times a year. Money can only be used for litter abatement activities. We can use in-kind services for our 25% match (ex. trash bags, gloves, bug spray, etc.).

Discussion held concerning mandatory garbage collection. It was discussed that our citizens who currently have garbage service are paying many different amounts, even with the same company. Attorney Brammell suggested going ahead and adopting a resolution to request bids and get them is so we can have the information for the citizens. This would not commit us to anything. Council requested that we make sure we negotiate the tipping fee. Consensus to proceed with this resolution as discussed.

Subject: K-9 Vest Award - Officer Todd Rankin introduced Kathy and Stephanie Garcia of Louisville. Fourteen-year-old Stephanie Garcia and her 4-H Dog Club have made it a mission to provide bulletproof vests for police K-9 units through fundraisers. She has already provided vests for eight dogs in Jefferson County at $510.00 each. Her project has vested 28 dogs so far and has raised $20,000.00 so far. They also have a Heroes On Paws t-shirt, sweatshirt and tote bag available. This is their fourth year. She and her mother presented a vest to our K-9 Gin. Mayor Bates commended Stephanie on her hard work and dedication to this project and thanked her on behalf of the City of Eminence for the wonderful donation to us.

Subject: Solid Waste - Judge Brent was present and discussed with council the many problems and negligence as a County with having forty illegal dumps in the County. Ninety percent of what is in these dumps is simply household waste. Henry, Ohio and Fleming Counties are the three worst in the State. He intends for this to change. We must have 85% county participation in order to get state assistance, so this is definitely a reason to look at mandatory garbage collection. Reported that tire amnesty days have been scheduled for May 8-10 and encouraged us to bring our tires. This is wonderful way for our citizens and even the cities to get rid of old tires and hopefully keep them out of the dumps.

Subject: Parking Concerns - Kevin Harris with House Calls was present to discuss concerns he has with parking in front of his business and that of other businesses along East Broadway. Employees of other businesses are parking in most of the spaces, which leave none for customers. Today was much better as Member Ferguson spoke with Bill Covington of Farmers Deposit Bank who in turn asked his employees to use only the lower portion of East Broadway and the upper part toward Main Street only to park. Member Whitney stated that for the record she wants it make plain that it is not only Farmers Deposit Bank employees who use this parking. Mr. Harris stated he feels they only need about eight spots in front of his business, Chumbo's and Shedd's. Discussion held including the enforcement again of two hour parking, putting up signs for customer parking only, etc. Mayor Bates appointed a committee of Members Ferguson, Stephens, and Mathis to continue to monitor this concern and to work on other areas of parking concerns.

Subject: Demolition of Structure - Kevin Harris also requested permission to tear down the old boarding house behind his business at 36 East Broadway. The cost to renovate this property is $72,000.00 and is not economically feasible. He would also like the City to provide dumpsters for cleanup. Attorney Brammell stated that he does not need a permit to tear this down and that the City cannot provide dumpsters. It was suggested that he check the building for asbestos prior to tearing down. Council was in agreement to close the street for Mr. Harris when he is ready to proceed.

Mr. Harris stated that he would be willing to provide paint to our Renaissance Project at his cost.

Subject: County Business - Magistrate Gunnell was present to discuss county business. Stated that Judge Brent is doing a good job and working hard on the solid waste and that he supports him 100%. The County updated their plan two months ago but did exclude mandatory garbage collection at that time, however they can look at theirs again anytime. He personally does not support mandatory garbage, but the Judge does. We have no public disposal available in this County. Reported that the County approved the small bill for Police Department radio accessories.

Subject: Renaissance - Main Street Director Mary Jane Yates reported that the Eminence Tomorrow/Streetscape committee met last week on the drawings for Phase I and II of streetscape. A resolution and contract is required by the state to get the official agreement signed. Attorney Brammell stated he has reviewed the contract and has no problem with it. Motion made by Member Ferguson and seconded by Member Whitney to adopt the resolution as presented and to authorize the Mayor to enter into the agreement with the Kentucky Transportation Cabinet for the $400,000 sidewalks and streetscape improvements project. It is anticipated that we will see work by July 4th on this project once state approval has been obtained.

The $400,000 is not a grant but a reimbursable project. We will need to have interim financing set up for this project. Farmers Deposit Bank has agreed to set up the necessary line of credit at a maximum of 4% interest. Mary Jane has estimated that $1,500.00 interest expense is needed in the budget to cover our costs for interest. Motion made by Member Stephens and seconded by Member Ferguson to authorize Mayor Bates to establish a line of credit at Farmers Deposit Bank in an amount up to 200,000.00 at no more than 4% interest for interim financing on the streetscape project. On a call of vote, voting "Yea" were Members Winburn, Stephens, Ferguson and Mathis. Abstaining was Member Whitney due to her employment at Farmers Deposit Bank.

Mary Jane reported that Phase III was submitted to Frankfort in February but we may not hear until next April on this due to Federal government negotiations.

Mary Jane reported that an individual is interested in purchasing the old bank building due to the possibility of receiving a grant through the façade grant program. The plan would be to have four apartments in the upper floor and a business on the lower level. The work would have to be done within a year. Each business owner and property owner were sent a letter on this possible façade grant funding.

Mary Jane reported that our historic district ordinance has been put on hold pending the outcome of New Castle's. Our approach is different than the rest of the County, as we have no residential areas in our proposed district.

Subject: West Owen Street Re-Development Project - Mayor Bates reviewed with council the proposals submitted by Kriss Lowry and Associates from different firms to do the asbestos removal on West Owen Street homes. Attorney Brammell reported that he has reviewed the proposed asbestos removal contract with Alpha Contracting, the lowest proposal, for removal of asbestos at 164 West Owen Street, 229 West Owen Street and 234 West Owen Street and that he has no problems with the contract. Kriss Lowry and Associates confirmed with Mayor Bates that they have worked with all of the low bidders and have no problems with anyone we pick. Motion made by Member Mathis and seconded by Member Winburn to approve the contract with Alpha Contracting for asbestos removal on West Owen Street and to authorize Mayor Bates to enter into the contact with them as reviewed. All members present voted "Yea".

Subject: Police Department Report - Chief Hadden reviewed the March activity report with council noting that activity is up due to the warmer weather. The March officer of the month is Officer David Button. Chief Hadden reported on several training classes, which will have various officers out of town during April and May.

Reported that one problem with trash on North Main Street was handled by the department in regards to our property ordinance enforcement.

Subject: Curfew Ordinance - Attorney Brammell held the second reading of a curfew ordinance. Motion made by Member Stephens and seconded by Member Ferguson to approve the curfew ordinance as read. All members present voted "Yea".

Subject: Public Works Report - Public Works Director William Smith reviewed the monthly activity report with council. Reported that the Seven Gables development is still in negotiations. Attorney Brammell stated the question is on whether the service area granted to Shelby County also gives them priority on providing water. North Shelby feels this gives them the right to provide water. The City of Eminence is willing to provide water if the developer wins this litigation. Annexation is possible through Gerald Bohannon giving a contiguous property line. Seventy-five original tracts were platted for this development, however now sixty-five residential tracts with commercial property in the front are being considered. They plan on developing the Henry County portion first. These will be upper scale homes of 1,800 or larger square footage and will be priced probably $175,000.00 plus. Consensus of council was to try and move forward on this project.

Bill Smith reminded council to think about out policy on running utilities or not. Our current ordinance requires the developer to run the utilities. Making exceptions could set a precedent. Attorney Brammell stated the ordinance might allow discretion based on individual requests, but we will need to check.

Subject: Community Center Report - No activity report was presented for the Center.

Subject: Fire Department Report - The fire department report was reviewed. Sixty-four runs were made in March. The representatives to the Fire Board are still being worked on. Member Mathis stated she would not mind serving but since her sister is the treasurer she would rather someone else served. The ethics board could address Kelly serving.

Subject: Community Center Contract With School - The revisions to the proposed contract with the Eminence Board of Education for use of the community center were reviewed. Motion made by Member Winburn and seconded by Member Ferguson authorizing Mayor Bates to enter into the revised contract with the Eminence Board of Education for use of the community center. All members present voted "Yea".

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council.

Reported that the IRS audit was conducted on March 12th with our return being approved in full for $1,791.42.

Reported that the yearly audits are complete and if there are any questions to let her know.

Reported that the drug and alcohol-testing program for all employees has been set up through Baptistworx in LaGrange.

Reported on new office hours approved by the Mayor to be effective May 1st. We will be opening at 7:30 and closing at 4:30. Rotating shifts will be worked by the office staff to stay within the eight hours each and to avoid overtime.

Subject: Closing December 26th - City Clerk Sandra Doane requested permission to close the city offices December 26th this year due to the way Christmas falls. We would be off Wednesday and Thursday and then have to come to work on Friday. All the City Hall staff has agreed to save a vacation day if approved. Motion made by Member Mathis and seconded by Member Whitney to authorize closing city hall on December 26th and to authorize using a vacation day for this. All members present voted "Yea".

Subject: Sick Leave Program Thru Kentucky Retirement System - The sick leave programs available through the Kentucky Retirement System were reviewed. Member Stephens stated he felt this was a good retention tool. This would allow employees who retire with the City to be able to convert their unused sick days into service credit. The City would have to pay the cost of the unused sick leave credited for retirement purposes under the standard plan. Under the alternate plan the City would have to pay the employee for their unused sick leave. Motion made by Member Ferguson and seconded by Member Stephens to authorize participation in the standard unused sick leave program through the Kentucky Retirement System effective May 1st and to further change our personnel policy to reflect maximum accumulation of 120 days sick leave with the City to pay no percentage of the cost for service in excess of the first six months of service credit. All members present voted "Yea". Employees would still lose accumulated sick leave if they terminate from the City for any other reason that retirement.

Subject: Personnel Policy Changes - The personnel changes discussed last month were tabled until May. Paul Combs suggested repealing the ordinance adopting the policies and re-adopting only the policies under municipal order and adopting the balance under ordinance. This would allow more ease in making changes to the policies.

Subject: Meeting Time Change - A consideration of changing the time of the regular city council meetings to 6:00 p.m. was discussed. Motion made by Member Mathis and seconded by Member Whitney to change the meeting time from 7:00 p.m. to 6:00 p.m. All members present voted "Yea". Member Roberts, who is absent, has already stated he would not have a problem with this change. We will need to put this in the legal notices.

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

Subject: Adjournment - With no further business to be discussed, motion made by Member Ferguson and seconded by Member Stephens to adjourn. All members present voted "Yea". Meeting adjourned at 10:40 p.m.

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