EMINENCE, KENTUCKY  JUNE 17, 2004

SPECIAL MEETING MINUTES

The City Council of the City of Eminence, Kentucky met in a special called session on Thursday, June 17, 2004 at 12:50 p.m. with Mayor Doug Bates and the following members present: Howard Roberts, Tom Ferguson, Drane Stephens and Laura Whitney. Absent were Members Leeroy Winburn and Kelly Shannon. Also in attendance were City Clerk Sandra Doane, City Attorney William Brammell, and Assistant City Clerk Robin L. Mullins.

The purpose of the special emergency meeting being called was to adopt a resolution designating our agent for the filing of application in the appropriate state office for the purpose of obtaining Federal financial assistance under the Disaster Relief Act; to adopt the local disaster assistance agreement; to discuss authorization for other paperwork relating to the disaster relief funds; to authorize the Mayor to bid on the Mary Charlotte Peyton property being offered for sale by the Master Commissioner; and to review the previous property, casualty and workers compensation bid award.

Mayor Bates called the special meeting to order at 12:50 p.m. Meeting was originally scheduled for 12:15 p.m. but due to lack of quorum was temporarily delayed.

Subject: Resolution - Attorney Brammell held the reading of a resolution designating Robin Mullins, Assistant City Clerk, as our agent for the filing of the application in the appropriate state office for the purpose of obtaining Federal financial assistance under the Disaster Relief Act. Mayor Bates requested that City Clerk Sandra Doane be appointed as the alternate agent. Motion made by Member Roberts and seconded by Member Ferguson to adopt the resolution as read appointing Robin Mullins as our agent for the filing of the application for Federal financial assistance under the Disaster Relief Act and to further appoint Sandy Doane as the City’s alternate agent. All members present voted “Yea”.

Subject: Local Disaster Assistance Agreement – Attorney Brammell stated he has reviewed the local disaster assistance agreement between the City of Eminence and the Commonwealth of Kentucky, Division of Emergency Management for the major disaster designated FEMA-1523-DR-KY, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sub-sections 5121-5204c, (Stafford Act) and emphasized that we must make sure we comply with all the necessary requirements. Motion made by Member Ferguson and seconded by Member Whitney to authorize our representative, Robin Mullins to enter into the agreement as reviewed. All members present voted “Yea”.

Subject: Other Disaster Related Paperwork – It was discussed that other paperwork is necessary to get things started and ongoing as well. Motion made by Member Stephens and seconded by Member Roberts that Agent Robin Mullins, Mayor Doug Bates, or City Clerk Sandra Doane, whoever is appropriate for the particular paperwork involved with this disaster relief to be so authorized to execute any or all paperwork involved to effectuate the terms of the agreement and resolution. All members present voted “Yea”.

Subject: Sale of Condemned Lot on Crabb Avenue – Mayor Bates and Attorney Brammell discussed the lot on Crabb Avenue belonging to Mary Charlotte Peyton being sold by the Master Commissioner on Tuesday, June 22, 2004 at 10:00 a.m. The total of the liens and taxes against the property is $3,272.79. Per Attorney Brammell to be able to receive a clear deed immediately we must bid 2/3 of the appraised value. The appraised value is $8,000.00 with 2/3 being approximately $5,334.00. Any amount under that would result in us having to wait a year to receive the deed. Motion made by Member Roberts and seconded by Member Ferguson to authorize the Mayor to bid $5,350.00 for the lot on Tuesday, June 22. All members present voted “Yea”.

Subject: Previous Insurance Bids – City Clerk Sandra Doane reviewed the previous bid award from Monday night on the City’s property, liability, workers compensation, and other coverages. The revised bid with KLC on the workers compensation is $22,705.00 instead of the $22,547.00 quoted at the meeting for only taking one line of coverage with them. The revised experience mod of 1.11 should lower the premium to $21,729.00. We can postmark the payment by June 28th and receive an additional 2% discount. Attorney Brammell stated that his research indicates that acceptance of the bids also indicates acceptance of the contract with each carrier. We would have to have a substantial reason such as misrepresentation to change our decision. That apparently does not exist. City Clerk Doane stated that she has checked and we do have punitive damages up to the policy limits of $1,000,000 on the public officials’ liability and that the law enforcement coverage is an occurrence form instead of claims made.

The claims made policies require the claim incident to occur and be filed within the policy dates. An occurrence form goes to the date of the policy regardless of the date the claim is filed.

With no further business to discuss, motion made by Member Stephens and seconded by Member Whitney to adjourn. All members present voted “Yea”. Meeting adjourned at 1:15 p.m.

DOUGLAS M. BATES, MAYOR
CITY OF EMINENCE, KENTUCKY

ATTEST:
SANDRA A. DOANE, CITY CLERK
CITY OF EMINENCE, KENTUCKY

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