The City Council of the City of Eminence, Kentucky met in a regular session on Monday, June 13, 2005 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Tom Ferguson, Drane Stephens, and Leeroy Winburn. Absent were none.

Mayor Bates called the meeting to order at 6:03 p.m.

Subject: Minutes - The minutes of the previous regular session held on May 9, 2005 were reviewed. Member Roberts stated that as pertains to the adoption of the annexation ordinance last month, if more information was made available to council he would have voted differently. Mayor Bates informed council that a special meeting is scheduled for Thursday, June 23, 2005 at 6:00 p.m. to review a presentation of the proposed annexation development. Motion made by Member Stephens and seconded by Member Winburn to approve the minutes as presented. All members present voted “Yea”.

Subject: Special Minutes – The minutes of the previous special called session held on May 31, 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: Loitering and Noise Problems on Maple Avenue – Jay and Anna Roberts of 269 Maple Avenue were present. Mr. and Mrs. Roberts are requesting help with the kids playing on the hill in front of their house. Mrs. Roberts stated that up to fifteen kids will be in front of their house for two to three hours at a time. She stated that these kids show no concern for the residents and that she cannot even sit outside because of the noise. She stated she has been sick and that this has been very stressful for her to deal with. She stated she feels the parents should stop these kids from congregating in front of their house. She feels that her rights to live a peaceful life are being taken away. Mrs. Roberts stated that a lot of the kids are from other areas of town and don’t even live on Maple Avenue. Detective Duncan was present and reviewed his investigation of these complaints with council. His determination is that everyone has a right to use the streets and that there is nothing applicable in the statutes to these complaints and that there is no action to take of a criminal nature. Attorney Brammell stated that he agrees there is no criminal statute unless the kids are obstructing a public way or disorderly conduct. Attorney Brammell informed the Roberts’ that they can issue a complaint with the County Attorney on a civil charge if a nuisance. Member Winburn asked if we could increase patrols. Chief Hadden stated that yes we can since we have been called there numerous times. Mr. Roberts stated he feels the kids know prior to the police coming because they leave immediately. Mr. Roberts stated that the kids do block the street. Mr. Roberts also stated that the police treat him badly and talk mean to him when they do investigate these concerns. Member Harris asked Mr. Roberts if he had ever been threatened. Mr. Roberts stated no, but the kids stare at them through the doors and windows. Mr. & Mrs. Roberts left at this time. Detective Duncan stated that Mr. Roberts’ account of what he said is accurate except for the tone he inferred that he used. Member Roberts asked if skateboards are allowed. Attorney Brammell stated that we could regulate on city streets and sidewalks if we choose. Member Roberts’ asked if we are liable for skateboards on city streets and sidewalks. Attorney Brammell stated that we would only be liable if negligence was evident on our part. Chief Hadden stated that we already have an ordinance against these on the sidewalks.

Subject: Complaint Against Builder Jim Dobson – Lisa Mitchum of 96 Spring Oak Drive, Harry Lyons of 21 Spring Oak Drive and Lacey Lyons of 83 Spring Oak Drive were present representing the residents of Arborview Subdivision. Ms. Mitchum presented Mayor Bates with a petition against the builder, Jim Dobson, requesting that he not be allowed to build any more houses in the subdivision until problems with the current homes are fixed and the area is cleaned up. All three residents stated that they have major problems with their homes as well as problems with mounds of dirt, un-mowed fields and lots, a privacy fence that is falling down with nails sticking out of it, and a weedy entranceway to name a few of the problems. Attorney Brammell stated that we can examine the property and enforce our property maintenance ordinance for some of these concerns on Mr. Dobson, however, the problems with the home warranties would have to be handled under a civil suit. Mayor Bates asked Public Works Director Smith if the streets have been completed. Mr. Smith stated that he is not satisfied with the streets and would not recommend that the City accept them at this time. Mr. Smith asked if the City could refuse new services to Mr. Dobson until the problems in this area are corrected. Attorney Brammell stated he would have some reservations on doing this. We could review any agreements we might have with him. Lacey Lyons stated that she even had the contractors stealing water and electricity from her. Ms. Mitchum asked about getting speed bumps installed. Council informed her that until we accept the streets they are not ours; therefore no speed bumps could be put in. It was suggested that they address planning and zoning concerning the development of the next phase of this area.

Subject: County Government – Magistrate Wayne Gunnell was present to discuss county government with the council. Mr. Gunnell stated that the 24/7 ambulance would be going into service on July 1st. Two ambulances would be in service with one located at New Castle. The second ambulance would be on call with the members being paid only if called out. This will be evaluated in one year. The County hopes to have paramedics in the near future. Dr. Roshay is now the Director of Emergency Services.

Mr. Gunnell reviewed the County’s website with Council.

Mr. Gunnell stated that the County’s budget for next year is $4,677,490.38 with no new taxes being added.

Mr. Gunnell stated that the contract on the Highway 55 paving has been let but he doesn’t know when the work will be done. Mayor Bates stated that the area to be paved is Main Street beginning at the cemetery and ending at Rose Hill Florist. Mago Construction Company got the bid with the work to be done prior to September 30th. Mayor Bates was told by a State Highway official it would probably be in September.

Mr. Gunnell stated that a new agriculture building will be built at the fairgrounds. A fundraiser will be held to assist with the funding of this building.

Subject: West Owen Street Re-Development Project – Mayor Bates stated that the owners of the Henderson estate have decided that they would like to sell their property for the appraised value and would like to have an answer by June 30th. We probably will not be able to give them an answer by June 30th as we do not know if we will have any additional program income by that time. Mayor Bates stated that we have not had any bids on the sale of the lots as of this date.

Subject: Insurance Renewal Quotes – Larry Mitchum with Curneal & Hignite Insurance was present to review his quotes for the property and liability insurance renewal as well as a quote for the worker’s compensation. His company’s original quote for the package renewal of the property and liability insurance is $36,824.00 as compared to $32,796.68 last year. This renewal includes the addition of ten sewer lift stations at $75,000, two 2005 Ford Crown Victoria’s, and the three new vehicles added last year during the policy year. Mr. Mitchum reviewed the alternate bid raising the collision deductibles from $500 to $1,000 on the vehicles. This alternate bid will only save the City $405.00. This year’s premium is only 10.9% higher than last year’s and does include the new items listed above. Motion made by Member Roberts and seconded by Member Ferguson to accept the renewal bid from Curneal & Hignite as originally quoted at $36,824.00 with Mayor Bates and Clerk Doane to review all auto coverages to make sure we have the appropriate coverage. Voting “Yea” were Members Whitney, Roberts, Stephens, Ferguson and Winburn. Voting “Nay” was Member Harris.

City Clerk Doane reviewed the two quotes for worker’s compensation insurance from KLC and Curneal & Hignite. Curneal and Hignite’s bid was lower than KLC by $1,158.72. KLC has a 4,000,000 employer’s liability limit with Curneal & Hignite having a 1,000,000 limit in this area. All other areas of the coverage appear to be the same. Mr. Mitchum and City Clerk Doane stated that upon their checking, rarely has there been an employer’s liability claim above the 1,000,000. Discussion held. Motion made by Member Whitney and seconded by Member Roberts to accept the higher bid from the Kentucky League of Cities for $21,642.00 as it is deemed important to have the higher limits and also to maintain a relationship with the League. All members present voted “Yea”.

Subject: Eminence Tomorrow – Mayor Bates reported that Main Street Director, John Scharfenberger, has been sick and in the hospital for twelve days. Since the time is so close to his resignation date, we are assuming that he will not be back to work. He stated to the Mayor that he will be around sometime this week to pickup his personal items. All e-mails are being forwarded to the City Clerk.

Eminence Day received many good comments this year and it was great to see it building up in attendance and activities. We will need more help with this next year as Donna McClamroch, who handled the parade, has indicate she does not want to do this again.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council. Chief Hadden reported that he will be making the ordinance complaints a part of the report next month. Member Harris asked what we are doing regarding illegal immigrants. Chief Hadden stated that basically we are not doing anything as deportation is a major undertaking.

Break taken at 7:32 p.m.

Meeting resumed at 7:50 p.m.

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

Mr. Smith reported that the old water tower removal project is complete. Member Stephens stated that since he received a complaint about the historical significance of the tank and its’ removal that he called the historical society and got a determination from them that the tank is not considered historical. Member Ferguson stated he would prefer that no more blacktop be put where this tank was located. Mr. Smith stated that perhaps we could treat this as green space and additional parking. It has not been determined who owns this property anyway.

Mr. Smith reported that the Highway 55 project is complete with no problems encountered.

Mr. Smith reported that he has about 100 feet of exposed water line across the lake dam on Highway 22 West. The lake is being drained now and we will need to fix this problem as soon as possible.

Mr. Smith reported that we have been approved for the North Main Street pump station upgrade. This project requires a 50% match which we have budgeted at $90,000.00. We are working on the necessary easements and will have more information on this later.

Subject: Revised Water & Sewer Ordinance – Attorney Brammell held a first reading of a summary of a revised water and sewer ordinance. City Clerk Doane reviewed the reasons for updating this ordinance with council.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reported that the late notices sent out have generated additional payments. Liens have been filed on unpaid property taxes.

Ms. Doane reported that she has requested and received $8,288.10 for the first quarter COPS grant reimbursement.

Ms. Doane reported that the problem with the disbursement of the HB 413 monies is still being worked on.

Ms. Doane shared with council her note of recognition for being the first in the state to complete their Homeland Security Grant.

Subject: Budget Ordinance July 1, 2005-June 20, 2006 – City Clerk Doane reviewed a revised line item budget for the water and sewer reserve account. This budget had to be changed due to some emergency work which needs to be done in the water and sewer department, including the exposed water line mentioned above, replacement of a lift station pump, and inspection of the water tower. Attorney Brammell held the second reading of the budget ordinance for fiscal year July 1, 2005-June 30, 2006.

Member Stephens stated he feels we need a Main Street person to promote the City.

Members Harris and Stephens asked why we need a new Ford Explorer for the Police Department. Chief Hadden responded that we are trying to keep maintenance from becoming an issue by having newer vehicles which are under warranty. The fleet of police vehicles was reviewed. The oldest vehicles have between 45,000/70,000 miles on them. Member Stephens stated he did not feel this was a lot and that he has been taking a lot of heat from the community on these new vehicles. Chief Hadden stated you cannot compare police vehicles to personal vehicles. Chief Hadden stated that three years ago he was cut an officer due to Renaissance and has been continually promised he will get one later. He feels that a $5,700 vehicle payment versus a $50,000 employee is not too much to ask to keep morale up. Council questioned how this could keep morale up. Chief Hadden stated it is a personal perception. Member Stephens stated that he has been told that we have the most number of police officers per capita. Chief Hadden stated this was not true. Member Stephens stated that he felt a new cruiser was the worst possible investment to make and that we should extend this purchase out at least a year and perhaps look at vehicles with extended warranties.

Member Stephens stated that he also did not feel we have enough in the budget to cover a new person in the Water Dept. Mayor Bates stated that we do not anticipate hiring this individual until six months of the year has passed. Member Stephens asked Public Works Director Smith when he might need another person. Mr. Smith reported that he will be needing this person soon as we are anticipating new subdivisions and growth. He also stated that unless we find a certified person, a new employee will have to train for two years prior to them being able to get certified.

Member Stephens stated he would be willing to give up his funds to accommodate the budget as he felt his position was a service position rather than a paid position. Member Harris agreed.

The public relations person was discussed including talking with Sandy Rhodes about assisting us; making the Mayor’s position a fulltime position and hiring someone. Member Stephens stated he knows two persons trained in public relations that would be willing to do this position fulltime for part-time pay.

City Clerk Doane suggested increasing the basis business license to $100.00 instead of the current $50.00 which would generate an additional $8,000.00 for the General Fund. She feels this increase would not hurt anyone locally too much as they would get credit off their net profits anyway and we would be able to generate more from the transient businesses that we don’t get anything else from. Member Whitney stated she does not want to increase anything else to the consumers. Member Harris stated he prefers cutting versus raising taxes. Having different business license rates for different types of businesses was discussed.

Member Stephens stated he is concerned with the salary breakdown. He feels allowing the supervisors to give the raises based upon a department total puts the supervisors in a bad position. He feels the raises could still be determined by the supervisors with a maximum increase versus a department total. Discussion held. The majority of the council felt the way it has been recommended is still the correct way to proceed with the supervisors being able to give the raises accordingly.

Member Stephens made the motion to increase the part-time Main Street salary in the new budget ordinance to $13,000.00 with benefits adjusted accordingly. Motion seconded by Member Whitney. On a call of vote, voting “Yea” were Members Winburn, Stephens, Harris and Whitney. Voting “Nay” were Members Roberts and Ferguson. Motion carried.

Member Harris stated he still has a problem with the new police vehicle and that we should do the best we can with what we have. Motion made by Member Harris to eliminate the Ford Explorer from the Police Dept. in the new budget ordinance. Motion seconded by Member Stephens. On a call of vote, voting “Yea” were Members Harris and Stephens. Voting “Nay” were Members Whitney, Roberts, Ferguson and Winburn. Motion failed.

Member Harris suggested that we give a 3.26% across the board raise or a maximum individual raise of 4.25%. Member Harris made the motion to give a 3.26% salary increase across the board. Motion failed for lack of a second.

Motion made by Member Stephens to adopt the budget ordinance for fiscal year July 1, 2005 through June 30, 2006 as amended. Motion seconded by Member Ferguson. On a call of vote, voting “Yea” were Members Whitney, Roberts, Stephens, Ferguson, and Winburn. Voting “Nay” was Member Harris.

Subject: Swimming Pool Report – Mayor Bates stated that the committee has not met, but that several suggestions are being made to the committee.

Subject: Fire Department Report – Member Roberts gave a verbal fire department report. Member Roberts stated that the Fire Board will be meeting on Thursday and that he will have a copy of the end of the year financial information by the following Thursday (June 23rd) special city council meeting. He will be getting these reports to us quarterly after this.

Subject: Community Center Report – Mayor Bates reviewed the monthly activity report with council. Member Roberts stated he wants the exercise room open as scheduled or marked accordingly in advance. He stated he has had several complaints from individuals who have rushed home from work in Louisville only to find the exercise room closed. Mayor Bates stated he would look into this.

Subject: Warrants – The warrants presented for payment were reviewed. Motion made by Member Winburn and seconded by Member Roberts to approve the warrants for payment as presented. All members present voted “Yea”.

Subject: Special Meeting – Mayor Bates reminded council of the special called meeting for June 23, 2005 at 6:00 p.m. to review the Renaissance Fair Project being proposed for the Holloway property we recently annexed. He respectfully asks that the council listen to the presentation before making any actions. This proposal will go before the Board of Adjustments on June 27th for a conditional use permit. The property will remain A-1 zone.

Member Roberts questioned if we could rescind our previous annexation ordinance. Attorney Brammell stated that we can only rescind with the consent of the property owner(s) or by majority vote of the owners involved. Members Roberts and Ferguson stated that they felt not all the information was made available to them at the time of the annexation and that they were under the impression this was for future development. Member Roberts stated he felt he had been lied to and that part of the information being given is still a lie. Mayor Bates stated that there was no intent to mislead and he felt everyone knew what was being proposed since no council member asked any questions at either of the two meetings. This particular project will have a 75,000.00 promotional budget which will assist us in promoting Eminence. Discussion held.

Subject: Emergency Franchise Telecommunications Ordinance – Attorney Brammell stated that due to change in law, we will not be collecting our own telecommunications franchise tax after January 1, 2006 with the state collecting a 5% fee at that time, which will be passed on to our consumers. Our changing our rate could possibly allow us to receive a larger amount of this tax from the State. Our citizens will be paying the 5% either way. This ordinance is being treated as an emergency ordinance due to the time restraints involved. Motion made by Member Roberts and seconded by Member Ferguson to adopt this emergency franchise telecommunications ordinance as read. All members present voted “Yea”.

Subject: Closed Session – Motion made by Member Roberts and seconded by Member Ferguson to go into closed session to discuss possible litigation and possible purchase of easements. All members present voted “Yea”.

Open session resumed at 10:55 p.m.

Subject: Proposal By Hans Kallenberger to Rebuild Apartments – Council was informed of a proposal by Hans Kallenberger to replace his apartment building on Elm Street which was destroyed by fire. He plans to replace the six units with twelve units. Discussion held concerning zoning and water and sewer connections and impact fees. Attorney Brammell stated that even though destruction of the building happened, if the property is not the correct zone it would require a zone change through planning and zoning. Attorney Brammell stated, he believes per our ordinance that Mr. Kallenberger would have to, at least, pay the connection and impact fees for any additional units above what was there previously.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Ferguson to adjourn. All members present voted “Yea”. Meeting adjourned at 11:08 p.m.






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