Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, November 13, 2006 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.

Subject: County Business – Magistrate Wayne Gunnell was present to give an update on County business. Mr. Gunnell stated that he has enjoyed working with the current Mayor and Council the past few years and extended his support to the new administration effective January 1, 2007.

Mr. Gunnell expressed his thanks for the letter of support for the paramedic program in the County, which would include a chase car that would be on 24/7 call. This will be voted on at 6:00 p.m. on November 21, 2006 by fiscal court.

Subject: Minutes - The minutes of the previous regular session held on October 9, 2006 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. Voting “Yea” were Members Harris, Whitney, Ferguson, and Winburn. Abstaining was Member Howard Roberts due to not being present for the last meeting. Not present to vote was Member Drane Stephens.

Subject: Old Business – Pool – Member Roberts asked if he could address an item of old business. Mayor Bates recognized Member Roberts. Member Roberts made the motion to rescind the motion made two months ago to fill in the swimming pool and let the new administration decide whether to do this or not. Motion seconded by Member Winburn. All members present voted “Yea”.

Subject: West Owen Street – In the absence of project manager Kriss Lowry, Mayor Bates reported that with the sale of the remaining lots on West Owen Street and after the expenses to tear down the Henderson house at 165 West Owen Street and reimburse the City our funds over the $30,000.00 original commitment; we have some money left in this project. One item which will be done now is to blacktop from the corner on down to the end of West Owen Street. This is scheduled for next week. A public hearing will be held with the residents and other interested parties to determine if there are any other needs or problems before a decision is made on how to spend any remaining funds, if any after the blacktopping.

Subject: Jake Brake Ordinance – Attorney Brammell held the second reading of an ordinance regulating the use of jake brakes within the City of Eminence. Motion made by Member Ferguson and seconded by Member Roberts to adopt the ordinance as read. All members present voted “Yea”.

Subject: Interlocal Agreement with County – Mayor Bates discussed with council a school safety program project which would install guardrails along the playground area to keep vehicles from possibly running into the area during an accident. This would be accomplished through an interlocal agreement with the Henry County Road Department with no expense to the City. Motion made by Member Roberts and seconded by Member Stephens to authorize the Mayor to execute the interlocal agreement with Henry County, after legal review. All members present voted “Yea”.

Subject: Amendment to Net Profits/Occupational Tax Ordinance – Attorney Brammell discussed with council the in-depth changes we need to make to the net profits/occupational ordinance in order to comply with legislative changes. After much review and discussion, it has been decided to make a couple of immediate changes now and bring the entire new ordinance back at a later date. Attorney Brammell held the first reading of an ordinance amending the net profits/occupational tax ordinance to change the basic business license from $50.00 yearly to $100.00 yearly and to allow for pro-ration of the business license fee.

Subject: Insurance Premium Tax Refund – Attorney Brammell held the first reading of an ordinance amending the insurance premium tax ordinance to set the standard of limitations at 18 months that we will make refunds and spelling out our documentation requirements for a refund to be made.

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

Subject: Mayor’s Update – Mayor Bates reported that the Subway Restaurant has a new owner, Brian McCauley. Mr. McCauley will be promoting call-in orders which can be picked up at the drive thru window. The drive thru will not be available for normal use at this time.

Mayor Bates reported that Mike Siona has purchased the old King Lumber property and will be developing a 9,000 sq. ft. Family Dollar Store and a 13,000 sq. ft. Save-A-Lot.

Mayor Bates reported that the tanks at the old bulk oil plant on West Owen Street had been removed about two months ago. Work has begun on cleaning up the site with 6,900 gallons of water/oil residue being pumped out of the dike where the tanks were located. Soil samples were taken by EPA and a remediation plan presented to the owners with a complete clean-up scheduled before the end of this year.

Mayor Bates reported that the next Connect KY meeting will be February 1st at 2:00 p.m. at the library. This project goal is to have 90-95% of the people in KY having access to high speed internet service by the end of 2007.

Mayor Bates reported on a Pandemic Flu Preparation Class being held on November 21st from 12:00/1:30 p.m. Lunch will be provided with call-ahead reservations to 845-2811.

Subject: Eminence Tomorrow – Main Street Director Jennifer Watson reviewed the monthly activity report with council.

Ms. Watson reported that the Trick or Treat on Main was successful with approximately 300 children present. The face painting alternate idea to wearing a mask was successful. Ms. Watson expressed her appreciation to the businesses and employees who assisted with this program.

Ms. Watson reported she has ordered ten white banners with poinsettias on them for $44.00 each for decorating. Light up Eminence is scheduled for December 2 at 6:00 p.m. with the school doing daytime events prior to that time.

Subject: Zone Change Request – Lou Chrissy Morales was present to discuss with council her desire to have the bar at 717 Elm Street re-zoned so they can have live music or karaoke. She stated they did not know the property was zoned incorrectly for this type of business when they decided to open a bar and would like to have it re-zoned to accommodate live music. Attorney Brammell stated that it would be inappropriate for the council to respond at this time as the request must go to planning a zoning first with a recommendation from them to come to council for review and decision.

Subject: Police Department Report – The monthly activity report was reviewed with fourteen of sixteen cases being closed.

City Clerk Doane discussed a possible waiver from the personnel policy requiring if time off exceeds the minimum and workers’ compensation insurance become effective an employee shall reimburse the city for the time period and the city shall reimburse the sick leave charged against the workers compensation. Detective Duncan exceeded the minimum time off recently and since he was paid in a prior month, it will require adjustments to be made to all withholdings in the current month. Detective Duncan is okay with forgoing the reimbursement if the City agrees. Discussion held. Motion made by Member Stephens and seconded by Member Harris to adhere to the policy and require the sick time to be reimbursed to the City and the City to reimburse the sick time charged. All members present voted “Yea”.

Subject: Property Ordinance Report – Mayor Bates reported that the Sulphur Avenue house noted during the recent campaign has been cleaned up, repaired, and painted.

The Koenigstein house was discussed. Attorney Brammell stated that Mr. Koenigstein is out of jail and can be served with papers and that he could receive special permission to return to Eminence, as he has already done so once. Mr. Brammell also discussed a possible ordinance that would require higher taxes to be paid on dilapidated properties. An estimate received to tear this house down is $8,600.00. Discussion held including who should sign the complaint. The consensus of Council was for the Mayor to initiate proceedings on the Koenigstein property.

Other properties discussed were the building at the corner of Main Street and Penn Avenue and the old pool hall building on North Main. Council requested that these two be sent letters of compliance with our ordinance.

Subject: Power of Attorney – Attorney Brammell reviewed a power of attorney from the insurance company which would give them permission to sell the totaled 2006 Ford Explorer. Mr. Brammell stated that cities should not normally sign a power of attorney, but since this is restricted to an administrative act involving the one vehicle he is okay with the Mayor signing the document. Motion made by Member Whitney and seconded by Member Ferguson to authorize Mayor Bates to sign the power of attorney and related paperwork as pertains to the 2006 Ford Explorer in order to get it transferred and sold. All members present voted “Yea”.

Subject: Public Works Department Report – Public Works Director William Smith, reviewed the monthly activity with council. Mr. Smith reported that the North Main pump project is ready for closeout pending the final pay request.

Mr. Smith reviewed water/sewer easement corrections obtained from Bill Hysinger at the old Brunswick property. Motion made by Member Stephens to ratify the sewer easement and water easement and to relinquish the incorrect easement on this property. Motion seconded by Member Ferguson. All members present voted “Yea”.

Mr. Smith reported that the special blacktopping project on Lou/Hud Streets is complete.

Mr. Smith reported that our insurance company recommended that we have an outside source fire protection system installed at the community center. We have an internal system now. Two estimates were received with the equipment to run approximately $1,000.00 in addition to a phone hookup charge. The contract service would run approximately $400.00 per year. Discussion held including why this was recommended for just this building. Consensus of council was not to do anything at this time as it is not cost effective or in the budget, but may be considered for a possible future project. Mr. Smith reported that most of the other items on the list have been completed as requested by the loss control department.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported on the various receipts to date. She reported that the 2006 property taxes collected to date equals approximately 71% of the total 2006 billing. Member Stephens asked about the acceptance of partial payments. City Clerk Doane stated that we can accept partial payments, but the computer system would still charge the interest each month based upon the full amount. She will look into this further.

Ms. Doane reported that the audit is tentatively scheduled for mid-December for completion.

Ms. Doane reported that she and Jennifer Watson are participating in the Leadership Henry County class. This is once a month through June, 2007.

Subject: Budget Review – Clerk Doane reviewed the first quarter budget comparison and financial statements with council.

Subject: Fire Department Report – Member Roberts presented the monthly fire department report. Member Roberts reported that the department has made repairs to Unit 2232 and has it back in service. Clerk Doane reported that the promised financial reports have not been received from the Fire Department. Member Roberts stated he would get them by Wednesday. An audit of the Fire Department was discussed. Motion made by Member Whitney and seconded by Member Harris to authorize the City auditors to perform an audit of the Fire Department. All members present voted “Yea”.

Subject: Community Center Report – Mayor Bates reviewed the monthly Community Center report with council. Mayor Bates reported that the Center received a grant grading report and were designated as one of seven best projects in the nation.

A request for funds from the Family Resource and Youth Services Center was discussed. Attorney Brammell stated that generally cities cannot make donations, however some exceptions can be made as this is an immediate benefit to the citizens of Eminence and is associated with a government entity. Motion made by Member Ferguson and seconded by Member Whitney to authorize up to $250.00 in purchases of items for the kids with items to be purchased inside the City limits, if possible. All members present voted “Yea”. Clerk Doane will coordinate this with the Center.

Subject: Training Information – City Clerk Doane reviewed training information for the new Mayor and Council.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Harris to adjourn. All members present voted “Yea”. Meeting adjourned at 7:59 p.m.

Hosted by

This site owned by The City of Eminence Kentucky.
Custom Graphics and Design © Copyright 2001-2012 Joyce K. Meyer. All Rights Reserved
(Except where otherwise noted.)
This site was created by My Cottage Web Studio 04/15/01and revised on 05/10/12.