EMINENCE, KENTUCKY  OCTOBER 10, 2005

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, October 10, 2005 at 6:37 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, Tom Ferguson, and Leeroy Winburn. Absent was Member Drane Stephens. Arriving late was Member Kevin Harris (7:30 p.m.).

Mayor Bates called the meeting to order at 6:37 p.m. after waiting for a quorum to show up.

Sealed bids for the purchase of surplus City vehicles were opened at 6:00 p.m., but prior to the meeting being called to order, and are as follows:

1980 Ford Fire Truck:
David Smither, 1438 Russell Branch Road, Eminence, KY – 375.00

1996 Ford Crown Victoria Police Cruiser:
Don Buckler - $350.00
Kentucky Humane Society, Louisville – Offer To Accept For Tax Deduction
Rynes Heavy Equipment, Eminence, KY. - $310.00
Max Hassan, Carrollton, KY. - $300.00

1990 Dodge Ram Charger:
Rynes Heavy Equipment, Eminence, KY. - $290.00
David Smither, 1438 Russell Branch Road, Eminence, KY - $275.00
Carmine Campanella, 1210 Bloomfield Rd., Taylorsville, KY - $400.00
Max Hassan, Carrollton, KY. - $1,000.00
Reggie Fitzgerald - $680.00

1993 Dodge Dakota Truck:
Rynes Heavy Equipment, Eminence, KY - $360.00
Max Hassan, Carrollton, KY. - $600.00
Heather & Josh Buckley - $855.00
David Smither - $450.00
Greg Mathis - $350.00
Ken Williamson, 3145 Turners Station Road, Turners Station, KY - $800.00
Chad Roy - $855.00

Motion made by Member Ferguson and seconded by Member Roberts to accept the bid of $350.00 from Don Buckler for the 1996 Ford Crown Victoria Police cruiser; to accept the bid of $1,000.00 from Max Hassan for the 1990 Dodge Ram Charger; to reject the only bid received of $375.00 for the 1980 Fire Truck and to authorize the re-bidding of this vehicle and to allow the two tied bidders on the 1993 Dodge Dakota truck (Josh & Heather Buckley and Chad Roy) to offer additional sealed bids and if both decline to re-bid then authorize re-advertising for sealed bids on this vehicle. All members present voted “Yea”.

Subject: Complaint – Lawrence Wright was present to discuss with council the removal of the no parking sign at the corner of West Owen and South Main Street. Mr. Wright stated that it is impossible to see traffic coming from the north on Main Street due to the vehicles that are parked at Rynes Heavy Equipment. Mr. Wright also stated that he has a problem with Mr. Rynes always parking on property that is not his. Other individuals present who live and/or travel on West Owen Street also expressed their concerns with being unable to see to get out of the street and also stated that Mr. Rynes creates a lot of mud on the road which causes a lot of problems. Mr. Rynes who was also present stated that he agrees that you cannot see out, but that he cannot control the parking when he is not there. He stated that the sign was torn up and having it there did not solve anything since the no parking was not being enforced. Mr. Rynes also stated that he didn’t feel it was the City’s responsibility to put up a sign as this is a state highway. Mr. Rynes stated he would try to get the mud cleaned up and keep it off the street, but stated he would park wherever he wanted to. Mr. Wright stated once again that his issues are a safety concern. Council in agreement to put the sign back up.

Mr. Wright also asked when the promised blacktopping on West Owen Street would be completed. Mayor Bates stated that we are trying to hold up on the blacktopping until the entire project is complete so as not to tear up the street again with additional construction. Mr. Wright was assured that the funds are being carried forward in the budget for this work once the project is complete.

Subject: West Owen Street Project – Mayor Bates stated that we have had no activity on the West Owen Street Project. Mayor Bates reported that our Project Director Kriss Lowry has informed him that some KHC funds are available for low to moderate income housing; however the application is due by November 12th. Council in agreement for Ms. Lowry to pursue this funding source. Mayor Bates stated that he has not received any additional written bids for the lots we have for sale on West Owen Street.

Subject: Minutes - The minutes of the previous regular session held on September 12, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”.

Subject: Minutes - The minutes of the previous special session held on October 4, 2005 were reviewed. Motion made by Member Whitney and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”.

Subject: Main Street Report – Main Street Director Jennifer Watson reported on her activity for the month. Ms. Watson reported that mainly she has been reviewing the records and files to bring herself up to date on our projects. She reported that she has initiated a quick project of a Trick or Treat on Main Street from 4:00/6:00 p.m. on October 31st and has had a good response so far. Alice Ferguson of Chat-N-Nibble and Noelle Franz of Browning Pontiac are assisting her with this project. There will be posters from the kids, volunteer older kids to dress up and hand out candy, etc. Ms. Watson reported that she is beginning work on the Light Up Eminence event with Jae Jones of Maple Avenue assisting her with the booth sales and the Santa breakfast. Ms. Watson reported that she will be attending a Main Street Manager’s meeting in Elizabethtown later this week.

Subject: Police Department Report – In the absence of Police Chief Hadden, Officer David Stratton reviewed the monthly activity report with council. Officer Stratton reported that they received 181 calls for service during September. Officer Stratton stated that he has attempted to get the 35 mph sign in front of Norm’s on Elm Street replaced by the State without any success. Mayor Bates stated he would handle this. Mayor Bates stated that he has sent a letter on the traffic light to District 5 for the addition of a turning lane onto West Highway 22 from Main Street and a right turns only from Highway 22 West onto South Main Street. Hopefully this will be addressed soon. Council requested that the Police Department review their energy costs, both gasoline and utilities, to see if they can be cut any with the pending rate increase.

Council requested that we also get crosswalks and parking spots marked on Main Street.

Subject: Continuity of Government Ordinance – Attorney Brammell held the second reading of a continuity of government ordinance that will allow for the orderly succession of Mayor per KRS statutes. Motion made by Member Ferguson and seconded by Member Whitney to adopt the ordinance as read. All members present voted “Yea”.

Subject: Ordinance Relating to Hazardous Substance Storage and Response to Incidents – Attorney Brammell held the second reading of a summary of an ordinance relating to storage of hazardous substances and the response to hazardous substance incidents. Motion made by Member Winburn and seconded by Member Ferguson to adopt the ordinance summary as read. All members present voted “Yea”.

Subject: Executive Order Relating to Adoption of the Henry County Emergency Operations Plan – Mayor Bates and Attorney Brammell reviewed with council an additional executive order, which was requested by Bruce Owens with DES, approving and adopting the Henry County Emergency Operations Plan for the City of Eminence. Council was okay with this adoption of the Henry County Emergency Operations Plan for the City of Eminence once we receive a copy and it is reviewed. Attorney Brammell stated that this is a non-council item but that it was not appropriate for Mayor Bates to issue the executive order until we see and review the document.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity for his department with council.

Mr. Smith reported that the North Main Street upgrade plans and specifications are ready to go to Frankfort with easements to be discussed later.

Mr. Smith reported that the design plans on the Renaissance Faire water utility loop are also in the works. This will do a much needed tie-in with Mulberry and Elm Street.

Mr. Smith reported that the transmission has gone out of the backhoe and had to be replaced.

Mr. Smith reported that the contract with Henry County Water District has been received back with the requested modifications. Attorney Brammell stated he has reviewed the contract which is a 40 year contract; however it does now allow for the quantity of water to be purchased to be reviewed every two years and that penalties do still exist for exceeding the quantity limits; however based upon our purchase history the 120,000,000 gallons yearly limit should be sufficient.

Member Harris arrived at this time (7:30 p.m.).

Motion made by Member Winburn and seconded by Member Roberts to authorize Mayor Bates to enter into the water purchase contract with Henry County Water District No. 2 as revised and discussed. All members present voted “Yea”.

Break taken at 7:31 p.m.
Meeting resumed at 7:41 p.m.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported that we have requested and received $1,706.60 for federal excise tax reimbursement for the year ending June 30, 2005. Ms. Doane reported that the change-over of due dates on the water, sewer and trash billing has created several questions and concerns, but that overall it is going pretty well. Ms. Doane reported that the shelving has been received and micro-filming completed with the Libraries and Archives grant. Ms. Doane reported that she has received her second level of certification through the International Institute of Municipal Clerks Master Municipal Clerk Academy.

Subject: Leak Adjustment – City Clerk Sandra Doane discussed an additional leak adjustment for Wendell Johnson of 87 Darlene Street. Mr. Johnson had a severe leak which ran into two different reading periods. He has been given one leak adjustment per our policy and has fixed the leak; however, he has another extremely high bill. Motion made by Member Winburn and seconded by Member Whitney to authorize the second leak adjustment for Mr. Johnson per our formula for leak adjustments. All members present voted “Yea”.

Subject: Open Records/Open Meetings Information – City Clerk Sandra Doane presented each council member present with information on open records/open meetings and requested each member sign an acknowledgment of receipt.

Subject: Employees Health Insurance Renewal – City Clerk Sandra Doane reviewed the health insurance renewal rates for January 1st with council. They have increased by 23.6% with 25% having been budgeted in all departments. The police department will be short due to leaving one employee out all together due to anticipated retirement that did not happen. Mayor Bates and Chief Hadden are aware of this and will be making adjustments in the budget for this. City Clerk Doane stated that we are locked into the state plan until July, 2007. Member Harris stated that he feels the employees should pay for some of their insurance. Member Roberts questioned if a different plan would save much money. Member Ferguson stated that this is a benefit that is already in the current budget that we shouldn’t change. Member Winburn agreed with Member Ferguson but stated that employees should be warned that this could change in the new budget starting in July. Much discussion held.

Member Roberts left at this time (8:05 p.m.)

Motion made by Member Winburn and seconded by Member Ferguson to leave the health insurance the same as it currently is (Premier Option with the State plan and the City paying the entire amount). On a call of vote, voting “Yea” were Members Whitney, Ferguson and Winburn. Voting “Nay” was Member Harris. Motion carried.

Subject: Halloween Observance – Consensus of council to observe Halloween on October 31st from 6:00 to 8:00 p.m.

Subject: Parks Committee Report – Mayor Bates reported that the committee has not met pending the possible Community Economic Growth Grant receipt. Mayor Bates reported he will be applying for a Soil and Water 50% grant for the parks as well.

Subject: Fire Department Report - Fire Chief Gary Lucas reviewed the monthly activity report with council. Chief Lucas reported on some of the special activities at the Department and classes attended. Member Harris asked several questions about the Fire Board makeup and requirements for meetings. Member Harris was informed that the Fire Board should be meeting monthly and that they should basically be informed and aware of everything going on. It was reported that the Fire Board members are not showing up for the meetings as required. Member Harris will look into this further.

Subject: Community Center Report - Mayor Bates reviewed the monthly activity report with council. Mayor Bates reported that he will be requesting that Director Brian Raisor remind the board about the meeting each month. Mayor Bates reported that he has requested that all receipt of money be brought to the City Clerk’s office on a daily basis regardless of the amount.

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: Christmas Dinner – Council was informed that the Christmas Dinner will be December 8th at the Smith-Berry Winery.

Subject: Closed Session – Motion made by Member Whitney and seconded by Member Ferguson to go into closed session to discuss possible purchase of easements and/or property and to discuss possible litigation. All members present voted “Yea”. Closed session commenced at 8:45 p.m.

Open session resumed at 9:35 p.m.

Motion made by Member Ferguson and seconded by Member Winburn to authorize the completion of the property exchange with the Coomes as discussed in closed session and per the plat reviewed. All members present voted “Yea”.

With no further business to be discussed, motion made by Member Harris and seconded by Member Ferguson to adjourn. All members present voted “Yea”. Meeting adjourned at 9:39 p.m.

DOUGLAS M. BATES, MAYOR
CITY OF EMINENCE, KENTUCKY

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

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