Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, September 12, 2005 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Howard Roberts, Tom Ferguson, and Leeroy Winburn. Arriving late was Member Drane Stephens. Absent was none. Other individuals present were Frances Mitchell, Glenn Smith, Mary Ann Bates, Alma Hyatt, Mike Fitzgerald, Danny Fitzgerald, Connie Fitzgerald, Byron LeCompte, Paula LeCompte, Genny Reigle, Sonya Kelley, Tammy Dowden, Dorean Fitzgerald, Robert Eades, Bea Fitzgerald, Louis Edday, Vickie Fitzgerald, Joyce Puckett, Ed Frederick, Linda Frederick, Jenny Harrod, Tanya Metten, Ray Smith, Police Chief Mount Hadden, Detective Cary Duncan, Public Works Director William Smith, Main Street Director Jennifer Watson, and Brooke Melville. Other individuals may have been present as well who did not get signed in or recognized.

Prior to the regular meeting a public hearing was held to discuss 2005/2006 property tax rates.

Subject: Public Hearing - Mayor Bates called the public hearing on the proposed property tax rates to order at 6:03 p.m. The proposed tax rates were reviewed with the recommended rates being 26.3 cents per $100 assessment on real property and 49.5 on personal property and 26.6 on vehicles and watercrafts. Ms. Doane stated that these rates utilize the 4% allowed increase in revenue over last year’s collection for real property. It does not necessarily always mean that individual taxes will go up this amount as new construction and increases in valuation offset the individual rates to allow this 4% income increase. Ms. Doane also explained that the 4% allowed personal rate actually calculated out to 56.11 due to the much lower assessment in this area. Many businesses do not report their personal property as required which causes this problem. As some of the unreported assessments will be collected by the State and forwarded to the City, a lower rate is recommended. Citizens Louis Edday and Robert Eades asked for justification as to why the City felt they needed to take the 4% increase instead of the compensating rate. City Clerk Doane stated that the increase is necessary to cover increased expenses for the City and that not taking the increase each year has a trickle down effect on every subsequent year. Citizen Genny Reigle stated she will have a hard time taking care of an increase in property taxes and water and sewer. Mayor Bates asked for further comments or questions. Mayor Bates asked if any additional written or oral comments had been received from the public regarding the proposed tax rate. None had. With no further comments or questions, Mayor Bates closed the public hearing at 6:15 p.m.

Mayor Bates called the regular session to order at 6:15 p.m. with the same people as listed above in attendance.

Mayor Bates reviewed an e-mail he received requesting that our flags be at half-mast honoring the Hurricane Katrina victims and Chief Justice Rehquist. Mayor Bates read a proclamation from President George W. Bush regarding this request. Mayor Bates also reviewed an e-mail on the correct protocol for helping the Hurricane Katrina victims.

Mayor Bates called for a moment of silence for the Hurricane victims of Alabama, Louisiana, and Mississippi.

Subject: Minutes - The minutes of the previous regular session held on August 8, 2005 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”. Member Stephens was not present for the vote.

Subject: Minutes - The minutes of the previous special session held on August 25, 2005 were reviewed. Motion made by Member Ferguson and seconded by member Winburn to approve the minutes as presented. All members present voted “Yea”. Member Stephens was not present for the vote.

Subject: Second Reading Amended Alcohol Ordinance – Mayor Bates stated that he would not be allowing any individual to talk who spoke at the previous meeting on this alcohol ordinance amendment and those individuals being allowed to talk would only have three minutes.

Robert Eades, Pastor of the Pentecostal Church was present and requested permission to address the council. Pastor Eades was recognized by Mayor Bates as an eligible speaker. Pastor Eades stated he was speaking on behalf of the Church and as an individual citizen. Pastor Eades stated that they are concerned over the number of people who would be leaving the Renaissance Faire inebriated on our highways and that if alcohol was not a big deal in the Faire locating here why are they stating that if Sunday sales are not allowed that they would not be coming at all. He stated that he felt Sunday sales would be opening Pandora’s Box and that we should be concentrating on businesses that would allow fulltime jobs. He stated that he and his Church will do everything they can to get the City voted dry if this amended ordinance passes.

Mayor Bates read letters from commercial property owner Katherine Crotzer and Henry County Chamber Representative Pat Wallace speaking in favor of the Sunday sales.

Mike Fitzgerald stated his desire to speak. Mayor Bates said no as he had ample opportunity to speak at the last meeting.

Mary Ann Bates asked to speak and was recognized as an eligible speaker by Mayor Bates. Ms. Bates stated that other activities that allow Sunday sales such as the State Fair are not in our local community. She stated that she feels the extra traffic alone will be a problem and she hopes that the council can bear the guilt when someone is hurt or killed due to the Sunday alcohol sales.

Genny Reigle asked to speak and was recognized as an eligible speaker by Mayor Bates. Ms. Reigle stated that she didn’t see anything in the paper on this issue and that it has not been made public. Brooke Melville with the Henry County Local stated that was not true and that it has been recorded on at every meeting since June and that she even did an interview with Mr. Frederick, the developer of the Faire.

Sonya Kelley asked to speak and was recognized as an eligible speaker by Mayor Bates. Ms. Kelley stated that she recalls looking at the police records in the Henry County Local and that it is already bad and that this will make it worse.

Danny Fitzgerald stated his desire to speak. Mayor Bates said no as he had already spoken at the last meeting.

Glenn Smith asked to speak and was recognized as an eligible speaker by Mayor Bates. Mr. Smith stated that it is correct about it being in the local, but it still should not be allowed.

Frances Mitchell asked to speak and was recognized as an eligible speaker by Mayor Bates. Ms. Mitchell stated she does not want the alcohol.

Member Roberts asked if Mayor Bates was allowed to keep people from speaking. Attorney Brammell stated that he could.

Member Roberts stated he has instigated proceedings on getting an Attorney General’s opinion as to what a bona fide restaurant really is and what area this covers. He requested council to hold off on a voted until he can get an answer back. He further stated he will file a lawsuit himself against this ordinance amendment if the answer comes back different so that we can have accountability of the Sunday sales.

Attorney Brammell held the second reading of an ordinance amending the alcohol ordinance to allow Sunday beer and wine sales. Motion made by Member Harris and seconded by Member Ferguson to adopt the ordinance as read. On a call of vote by Mayor Bates, voting “Yea” were Members Harris, Ferguson, Whitney, Stephens, and Winburn. Voting “Nay” was Member Howard Roberts.

Subject: Ad Valorem Tax Ordinance – The proposed tax rates were reviewed again. Attorney Brammell held the second reading of the ad valorem tax ordinance setting the 2005/2006 rates at 26.3 cents per $100 assessment for real property, 49.50 cents per $100 assessment for personal property and 26.6 cents per $100 assessment for motor vehicles and watercrafts. Motion made by Member Ferguson and seconded by Member Whitney to adopt the ad valorem tax ordinance as read with the above tax rates. On a call of vote by Mayor Bates, voting “Yea” were Members Whitney, Roberts, Stephens, Ferguson, and Winburn. Voting “Nay” was Member Kevin Harris.

Subject: West Owen Street Project – Mayor Bates stated that we have had no activity on the West Owen Street Project. Mayor Bates stated that he has had verbal interest expressed to purchase some of the lots on West Owen Street by Tommy Paul and Rick Rynes, but has not received anything in writing. Mayor Bates reviewed the five lots for sale.

Subject: Main Street Director – Mayor Bates introduced the new Main Street Director, Jennifer Watson, to council. Mayor Bates stated that we received ten applications with four applicants being interviewed. Ms. Watson expressed her appreciation for the opportunity to apply for and receive the position. She reviewed her background with council.

Subject: Police Department Report – Police Chief Hadden reviewed the monthly activity report with council. Member Winburn questioned what the charge is for a second no seat belt violation. Chief Hadden stated it would be the same.

Member Harris stated that the crosswalks are being ignored and he would appreciate closer enforcement of this. Discussion held whether drivers have to yield to pedestrians in crosswalks. Attorney Brammell stated if it is a designated walkway that drivers must yield. Chief Hadden stated he believes it is only at a stoplight crosswalk. Attorney Brammell read the statute on yielding to pedestrians. Member Stephens questioned if a crosswalk could be put in at the intersection of Sulphur Avenue and North Main Street. It was discussed that this may not be the best place for one. Attorney Brammell stated that if a traffic control device is in place that pedestrians do have to cross at them and that they do have the right of way, but if jay-walking the pedestrians do not have the right of way. This will be checked on further.

Chief Hadden requested permission to sell his surplus 1996 Ford Crown Victoria police cruiser. He stated that the Public Works Department also has a 1993 Dodge Dakota truck for sale and that the Fire Department has three surplus vehicles (a 1980 Ford, a 1990 Dodge Ram and the old ambulance) and that all of these vehicles could be bid out together to save a little advertising money. Member Roberts stated he was not sure the Fire Department wants to get rid of all their vehicles. Motion made by Member Harris and seconded by Member Stephens to declare these vehicles as surplus vehicles, unless there is some reason not to on the Fire vehicles, and to authorize their sale. All members present voted “Yea”. Member Roberts stated that he could probably take the Dodge Dakota truck to auction and get more from it than we could get by selling under sealed bid. Council was okay with Member Roberts trying this.

Member Roberts stated that there are three or four pieces of property in the Arborview Subdivision that need mowing. Chief Hadden stated he knew of one, but would check into this further. Member Roberts stated one might be a field owned by Martha Moffett. Member Stephens questioned the Kallenberger property on Elm Street. Chief Hadden stated that this is being worked on.

Subject: Continuity of Government Ordinance – Attorney Brammell held the first reading of a continuity of government ordinance that will allow for the orderly succession of Mayor per KRS statutes. This ordinance was requested by Bruce Owens with DES.

Subject: Ordinance Relating to Hazardous Substance Storage and Response to Incidents – Attorney Brammell held the first reading of a summary of an ordinance relating to storage of hazardous substances and the response to hazardous substance incidents. This ordinance was also requested by Bruce Owens with DES.

Subject: Executive Order Relating to Adoption of the Henry County Emergency Operations Plan – Mayor Bates and Attorney Brammell reviewed with council an 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.

Subject: IS700 Training – Mayor Bates stated that in conjunction with all of the above items relating to emergency preparedness, we are required to attend required training classes. Mayor Bates stated that the Police Department, the Public Works Department and himself attended the first required training. The Fire Department will be receiving their training later.

Subject: Homeland Security Grant Site Visit – City Clerk Sandra Doane advised council that the state Homeland Security office would be conducting an on-site visit tomorrow to finalize our grant and that she would be taking them to some of the Fire Departments to see the equipment purchased with the grant money.

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

Mr. Smith reported that the new roof has been installed on the Police/Fire building and that the construction on the salt shed is progressing well.

Mr. Smith reported that the contract with Henry County Water District has been sent back for a few modifications.

Mr. Smith reported that he and the Mayor met with Industrial Disposal representatives on the damage being done to city streets by the trash trucks. They have not received a response from them since this meeting. Genny Reigle stated that if blacktopping is done there is a 3 or 4 feet wide spot in front of her house on Hillcrest which needs to be repaired.

Subject: Water and Sewer Ordinance – Attorney Brammell held the second reading of a summary of a revised water and sewer ordinance. Sonya Kelley asked why an exception is not made for swimming pools. She stated that other communities allow pool exceptions by letting individuals call in to advise the water company that they are adding pool water and an adjustment is made in their charges. It was explained that we used to make exceptions but that it became too cumbersome to keep up with so the exception was done away with. Motion made by Member Stephens and seconded by Member Roberts to adopt the ordinance as read. All members present voted “Yea”.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported that we have received $3,900.00 from the state for assistance in covering the cost of the 2005 public employee health insurance premiums under HB 1.

City Clerk Doane stated that she has paid the interim financing loan balance for the park project off with us hopefully re-couping this money from additional brick sales.

Subject: Insurance Premium Tax Refunds – City Clerk Sandra Doane reviewed with council the many requests she is getting from insurance companies for refunds. She expressed her concerns with these requests as this is an area where the controls are simply not in place from the insurance companies for accountability. Attorney Brammell discussed his and Sandy’s discussions concerning this and states that one of the concerns is no definite statute of limitations for refund requests and that based upon the lack of a definite statute that it would be appropriate to use other statute of limitations that require the request to be made within two years after the wrongful payment. Motion made by Member Roberts and seconded by Member Whitney to authorize the Mayor and City Clerk to refund any verified insurance premium tax which has been paid and which has been requested to be refunded within two year statute requirement after the wrongful payment. On a call of vote, voting “Yea” were Members Whitney, Roberts, Stephens, Ferguson and Winburn. Voting “Nay” was Member Kevin Harris.

Subject: Leak Adjustment – City Clerk Sandra Doane discussed an additional leak adjustment for Tammy Aldridge who lives at 67 Sulphur Avenue. Ms. Aldridge had a severe leak which ran into two different reading periods. She has been given one leak adjustment per our policy and has fixed the leak; however, she has another extremely high bill. Council questioned the location of the leak. Public Works Director William Smith stated that he did not know anything about this leak and that it probably was handled by one of the other employees. Motion made by Member Whitney and seconded by Member Winburn to authorize the second leak adjustment for Ms. Aldridge contingent on William Smith verifying that the leak did exist and has been fixed. All members present voted “Yea”.

Subject: Pre-Tax Insurance Deductions – City Clerk Sandra Doane asked council if they would be interested in participating in the City’s pre-tax voluntary insurance program. Council in agreement that they would like to hear what is offered. Ms. Doane will arrange for the representative to come next month at 5:30 p.m. prior to our regular meeting to review the plans.

Subject: Katrina Victims –City Clerk Doane stated that she has had a request from a homeowner to waive the deposit, connection fee, and first month’s trash for a family who will be moving into their home who has been victims of the Katrina hurricane. Council discussed this and the fact that doing so would create a precedent. Member Harris offered to pay the entire amount for this family. Mayor Bates and other council members also gave money to help this family. With these donations, more than enough money was collected to help this family. The extra money will be put aside to assist other families.

Council discussed having a policy which would allow for voluntary donations to assist individuals who are having a hard time paying their bills and/or security deposits. Attorney Brammell was requested to develop a written voluntary donation policy.

Subject: Community Economic Growth Grants – City Clerk Sandra Doane followed up with council on the two additional Community Economic Growth Grant pre-applications that are ready for review.

The first is for the Renaissance Fair Water Utility Expansion Project in the amount of $46,300.00. Attorney Brammell read a resolution authorizing the filing of a Community Economic Growth Grant Project in an amount up to $46,300.00 for the Renaissance Fair Water Utility Expansion Project. Motion made by Member Ferguson and seconded by Member Whitney to approve the resolution as read. All members present voted “Yea”.

The second is for the Community Park Project which includes conversion of the pool into a splash pad/play area, the addition of a miniature golf course and the addition of batting cages/pitching machines in an amount of $229,000.00. Attorney Brammell read a resolution authorizing the filing of a Community Economic Growth Grant Project in an amount up to $229,000.00 for the Community Park Project. Motion made by Member Roberts and seconded by Member Ferguson to approve the resolution as read. All members present voted “Yea”.

Subject: Fire Department Report - The Fire Department activity report was reviewed. It was reported that several fire fighters will be attending the Jefferson County fire school this month with one fire fighter attending the Heavy Rescue Class in Louisville for continuing education. Volunteers are needed for the Fire Department if Council knows of anyone who might be interested.

Subject: Community Center Report - Mayor Bates reviewed the monthly activity report with council. Mayor Bates reported that we had a site visit on the grant. Council reviewed the fitness room policies and regulations. Council suggested revising #14 as it was not clear and to make sure that #1 does not cause any problems with the Center being available during the times it is supposed to be open. Mayor Bates was asked to check on the skating which is on the schedule as Council does not feel that skating should be happening on the gym floor and also on the use of the fitness room based upon the complaints we have been receiving about it not being open for use.

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

Subject: Closed Session – Motion made by Member Roberts and seconded by Member Winburn to go into closed session to discuss possible purchase of easements. All members present voted “Yea”. Closed session commenced at 9:20 p.m.

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 9:37 p.m.

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