The City Council of the City of Eminence, Kentucky met in a regular session on Monday, March 8, 2004 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kelly Shannon, Laura Whitney, Howard Roberts, Tom Ferguson, Drane Stephens and Leeroy Winburn. Absent were none.

Mayor Bates called the meeting to order at 6:07 p.m.

The minutes of the previous regular session held on February 9, 2004 were reviewed. Motion made by Member Roberts and seconded by Member Shannon to approve the minutes as presented. All members present voted “Yea”.

Subject: Merriweather Avenue Drainage Concerns – Citizen Earl Lawson was present to discuss with council drainage problems on his street, Merriweather Avenue. Mr. Lawson stated he feels the entire street should be ditched for drainage and that since the City has re-paved other areas in town the water flow on his street has increased. He feels that the water is being piped part of the way but is left open when it gets to him. Mr. Lawson stated that the water flowing under his trailer has caused him to have to level it several times. Member Ferguson stated he remembered this same issue being brought up previously to council several years ago with no resolution. Attorney Brammell advised Mr. Lawson that water is a common enemy and that only if we caused a problem would we have a responsibility. Mr. Brammell further stated that the City could adopt a storm water ordinance or put a system in for the entire City. Mr. Lawson stated that he just wants someone to look at the problem. He also stated that the individuals on the street would probably buy culverts if the City would do the ditching and installation. Mayor Bates stated that he and the Public Works Director have looked at the problem and there isn’t anything they can do since the majority of the problem is on his private property. Consensus of council was that we could not do anything about the problem.

Subject: County Business – Magistrate Wayne Gunnell was present to update council on fiscal court activities. Mr. Gunnell reported that the County has hired Glenn Baxter as the new County Road Engineer replacing Gayle Mann. Gayle will be staying on as a consultant through 2004. They have also hired Curtis Higgins who comes with a lot of experience.

Wayne informed council of a public forum which Magistrate John Allgeier has requested regarding the location of Love’s Truck Plaza in Pendleton. The forum will be held on March 15th at 7:00 p.m. at the D.A.V. Building on Highway 146. It will then be on the agenda for the fiscal court meeting on March 16th.

Wayne reported that they have contracted with Oldham County to house prisoners for $30.00 a day. Any long-term prisoners will be housed at Bullitt County and when Shelby County’s jail is complete we will take prisoners there for $27.00 per day.

Mr. Gunnell reported that they have been able to work out a compromise where the 4-H youth will have exclusive use of the current horse rink at the fairgrounds with the demolition derby people having their own space to use.

Member Ferguson expressed his appreciation to Mr. Gunnell for standing up for Eminence on the trash issue.

Mr. Gunnell shared information on the possible purchase of a cleaning machine that will assist with roadside cleanup. The machine will cost approximately $22,000.00.

Subject: Campaign for State Representative – David Brown of Campbellsburg was present to discuss his campaign for state representative. He is a long time resident of Henry County and attended high school here. Mr. Brown stated he is for Henry County as a whole not just one section and that he will represent the working people through better education and agriculture. Mr. Brown asked for the support of council in his campaign.

Subject: Bid Award – Computer Equipment – City Clerk Sandra Doane reviewed the online bidding for purchase of computer equipment with council. A total of 34 different bids were received with 12 first place turnovers. The initial prices ranged from $9,858.00 to $13,109.00. The final prices ranged from $9,108.00 to 9,890.00. The final bids were as follows:

    United Systems and Software - $9,108.00
    Pro-Onsite Technologies - $9,121.00
    CDW Government, Inc. - $9,810.00
    Aprisa Technology LLC - $9,890.00

Bidding this equipment online has recognized an approximate savings of $900.00.

Motion made by Member Stephens and seconded by Member Winburn to award the bid for computer equipment to United Systems and Software for the sum of $9,108.00. All members present voted “Yea”.

Subject: Administrative Office Report – City Clerk Sandra Doane reviewed the monthly activity report with council. Reported that since last month’s meeting and the subsequent sending out of late notices for delinquent property taxes that approximately 50% has been collected. The total uncollected at this time is $13,217.19.

Ms. Doane reported that we have received the draw request from the state in the amount of $63,248.18 for the streetscape reimbursement.

Ms. Doane reported that the new computer equipment installation, software updates and training is scheduled for April 14th through April 16th with possible follow-up training April 26th and 27th.

Ms. Doane reported that she is working on bid specifications for the City’s insurance coverage for all types except employee health. We have not bid this since 1997 and due to the excessive increase of $15,000.00 in this year’s budget; we probably need to bid it out. Council was in agreement.

Subject: Interest Rates Comparison – City Clerk Sandra Doane reviewed the interest rate spreadsheet comparison with council between Farmers Deposit Bank and Central Bank. Based upon better rates in some areas at Central Bank and also as a better business practice of not having all your funds in one bank, she recommended transferring some of the City’s funds to Central Bank. Discussion held. Motion made by Member Shannon and seconded by Member Ferguson to authorize the Mayor and City Clerk to transfer some of the City funds to Central Bank as deemed to be a better investment. Voting “Yea” were Members Shannon, Roberts, Stephens, Ferguson and Winburn. Abstaining due to her employment at Farmers Deposit Bank was Member Laura Whitney. Council will be advised next month of what was transferred.

Subject: Audits for Fiscal Year Ending 6-30-03 – City Clerk Sandra Doane asked if council had any questions on the audits which were distributed last month. Council had no questions.

Subject: Fulltime Appointments – The appointment of Sandra Doane as fulltime City Clerk/Treasurer and William Smith as fulltime Public Works Director was discussed. Motion made by Member Whitney and seconded by Member Winburn to appoint Sandra Doane as the fulltime City Clerk/Treasurer and William Smith as the fulltime Public Works Director effective May 2, 2004. All members present voted “Yea”.

Subject: Proposed Development North Main Street – Mayor Bates stated there is nothing new to report on this project. He has not heard back from the developer.

Subject: Ordinance Amending An Ordinance Establishing An Updated Salary Scale – Attorney Brammell held the first reading of an ordinance amending the ordinance establishing a compensation plan with an updated salary scale. This is a recommended ordinance change yearly based upon the consumer price index that will insure that the City’s minimum and maximum salaries per grade stay within the accepted range. The consumer price index increase this year is 1.882%.

Subject: Cooperative Agreement For Expenditure of Municipal Aid Funds – The proposed cooperative agreement between the State and the City for expenditure of municipal aid funds was discussed. After researching this and having Attorney Brammell review the proposed document, it was recommended not to do this, as we would in fact lose money.

Subject: Community Center Activity Report – Mayor Bates reviewed the monthly community center activity report with council. The new exercise equipment is in place with 235 users this past month. Police Chief Hadden asked if Harvest Community Church is using the kitchen on Sundays for cooking? Member Stephens stated that they do not cook but do use the kitchen for setup on continental breakfast and that some of the kids meet in there. Chief Hadden stated that the condition of the kitchen was really bad when he held the seminar there last week. Mayor Bates stated that the Board has approved putting tile in the kitchen and Director’s officer for approximately $1,000.00, which was approved by council last month.

Subject: West Owen Street Redevelopment Project – Mayor Bates reviewed the monthly activity report with council. Reported that we are waiting on the electrical inspector for the George Owens’s house and that the plumber is working on the Tony Hayden house. David Smither is scheduled to do some concrete work at the Tony Hayden house.

The asbestos removal is in the process of being completed. We have a local person who will be bidding on the demolition work.

Subject: Eminence Tomorrow – Main Street Director Mary Jane Yates reported that not all of the $19,500.00 set aside for façade work has been spoken for so she will be allowing more time for additional persons to apply if they wish to participate. Some of the actual work has started.

Ms. Yates reported that Phase II construction will be moving to Penn Avenue soon.

Ms. Yates reported she submitted our Phase IV application for funds. It will be October before we hear the results. She reported that the lead agency for these funds has been changed from the Kentucky Housing Corporation to the Department for Local Government.

Ms. Yates reported she attended the regional manager’s meeting in Covington.

Mayor Bates discussed issues we have with Kentucky Utilities. The electrical conduit at Depot Avenue was not approved by K.U. prior to being covered up. The contractor does have pictures, which K.U. may accept. The depth is the main issue. The Penn Avenue transformer has not been ordered yet even though we paid for it several weeks ago. Mayor Bates stated he met with MAC Construction to discuss starting tomorrow on Penn Avenue, but that they have been instructed not to start in a new area until the issue with Kentucky Utilities is resolved at Depot Avenue. The contractors plan to work on a section at a time so as not to disrupt the businesses too much on Penn Avenue. A bid of $300.00 has been received from a local contractor to change the door at Bill Wells’ property. The height of the sidewalk is the reason this must be changed.

Mayor Bates reported that no interim financing has been entered into yet on the streetscape project due to concerns we have on the paperwork. We are trying to resolve these issues with Central Bank.

Mayor Bates reported we have received a bill from CMW, Inc. for structural engineering work in the amount of $2,258.64 for evaluation and recommendations on the Brenda’s Beauty Shop building, which suffered structural damage during the streetscape work. Mayor Bates has advised them we do not intend to absorb the entire cost for this mistake and subsequent damage.

Subject: Police Department Report – Police Chief Mount Hadden reviewed the monthly activity report with council. Reported that we will see an increase in activity as the weather warms up. Reported that probably 85% of the citations are for people who live outside of the City. Only one of the nine DUI’s lived in the City.

Mayor Bates has asked him to start tracking calls for assistance outside the City limits. He reviewed the calls from May thru December of 2003 with approximately 75-85 calls being for service outside the city limits.

Chief Hadden reported he has finally gotten the vehicle moved from Henry Street. Mayor Bates stated he needs more teeth in the enforcement ordinance before we can do much in some areas. They did find six abandoned vehicles behind Earl Lawson’s house when they were reviewing the drainage problem. Other areas of concern were discussed including the Wathen property on Main Street and the West Owen Street fuel storage tanks.

Chief Hadden reviewed a quote from the Kentucky League of Cities for canine mortality insurance in the amount of $1,073.00 per year. Last year’s premium was only $568.40 and included loss of use as well as mortality. Our options are to pay the bill, pay nothing, or set money aside for replacement of the canine unit in the future. Some cities carry the coverage and some don’t. Discussion held. Consensus of council is to start putting $1,000 per year aside for future replacement commencing with next year’s budget and not to renew this coverage.

Chief Hadden discussed a mandatory physical fitness program, which Officer Stratton will be in charge of, that is being started in the police department. Our pilot program is based on the Cooper Institute in Dallas, Texas. He will have more information on the proposal for next month’s meeting. He is recommending a monetary incentive to the police for passing the test.

Member Shannon asked if any contact was made to notify the school of the drive-by shooting at the Kentucky Fried Chicken? Chief Hadden stated that some contact was made later but not at the time of the incident. Chief Hadden reported that the shooter has been picked up with the weapon being recovered.

Subject: Interlocal Agreement With City of Smithfield – The interlocal agreement with the City of Smithfield for police services was discussed. Motion made by Member Winburn and seconded by Member Roberts to approve the interlocal agreement as presented contingent upon insurance coverage issues and City of Smithfield approval. All members present voted “Yea”.

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

Reported that Rose Hill Florist currently has two water meters – one to the greenhouses and one to the house and shop. The property is not in the City limits. Mr. Mathis wants a new meter on the upper side of the road. His current ones are on the west side of the road. Due to Rose Hill’s location outside of the city limits, Mr. Smith would like council to decide whether to provide this additional meter or not. Council in agreement to allow this service change based upon his being a current water customer with us and to locate the meter at Rose Hill’s place of choice if feasible.

Mr. Smith requested permission to sell a surplus 1983 Ford pickup truck. Motion made by Member Winburn and seconded by Member Ferguson to authorize Mr. Smith to put this 1983 truck out for sale by sealed bid. All members present voted “Yea”.

Mr. Smith reported that hopefully the Elm Street sidewalk repairs would be complete soon. The weather and sickness and resulting death of a family member has had the contractor behind. The City is paying for most of the work.

Mr. Smith reported that the small 75,000-gallon water tank has a leak and is out of service. He plans to disinfect and re-fill this small tank temporarily prior to draining the big tank for necessary maintenance and repairs. It is the recommendation not to fix the old tank. It is seventy years old and is not cost effective to continue to put a lot of money into repairing it. The estimate to take the tank down is $30,000.00. Our other 300,000-gallon tank will meet the current needs of our system and provide the required amount of storage for fire protection needs.

Member Stephens asked about the open hole on North Main Street. Mr. Smith reported that this is a private contractor’s job. Due to the excessive water problems in this area, the contractor is waiting for dry weather to finish. Member Stephens also asked about a yard on Hillcrest Drive that is torn up. Mr. Smith reported that it was dug up by an independent contractor to replace a water line and has not been fixed back.

Subject: Annexation – Mayor Bates stated that Holloway is ready for the City to annex his property on Highway 55 South into the City limits. We would have to proceed down the state right of way to annex the property. Attorney Brammell feels that an annexation should have a contiguous piece of property with value prior to annexation. Public Works Director Smith reported that this annexation could allow us to be able to purchase water from Shelby County in the future. Attorney Brammell felt this could justify annexing along the right of way.

Our ability to provide water and sewer services to this area was discussed. Mr. Smith reported that currently the water is not an issue until it is determined if Shelby County or us will provide it. We will need to provide sewer. Mr. Smith stated that if a problem arises, the worst-case scenario should be that the Division of Water would require sign-off prior to allowing additional connections to the system. Mr. Smith stated that approximately 1,000 homes could be added to our system prior to reaching capacity. Motion made by Member Stephens and seconded by Member Ferguson to authorize Attorney Brammell to proceed with drafting an ordinance annexing the Holloway property on South Highway 55 into the City limits along both sides of the road to the Shelby County line and to obtain any necessary survey work. All members present voted “Yea”. Mr. Smith stated he has a survey already of this area, which might work.

Subject: Elmcrest Street Dedication – It was reported that the developer, Mr. Tingle, has not gotten back with us on the contract extension for the Elmcrest Street dedication.

Subject: Fire Department Report – The monthly fire department activity report was reviewed. Member Roberts stated that a lot of the members have been attending training this past month. It was reported that tomorrow is national tornado awareness day for the County with the warning sirens to be sounded at 10:06 a.m.

Member Shannon reported that Doug Gingrich is having trouble getting in touch with a fire department member to sign his burning permit. Member Roberts suggested that he contact Cheryl at Theiss Furniture.

Subject: Warrants – The warrants presented for payment were reviewed. Motion made by Member Roberts and seconded by Member Stephens to approve the warrants for payment as presented. Motion carried unanimously.

Subject: Closed Session – Motion was made by Member Roberts and seconded by Member Whitney to go into closed session to discuss the possible purchase of property.

After a brief closed session, open session resumed.

With no further business to discuss, motion made by Member Stephens and seconded by Member Whitney to adjourn. Motion carried unanimously. Meeting adjourned at 9:01 p.m.






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