Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, February 13, 2006 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, Drane Stephens, Tom Ferguson, and Leeroy Winburn. Absent was Member Kevin Harris.

Subject: Candidate for Sheriff – Todd Rankin was present to discuss with council his candidacy for the office of Henry County Sheriff. Todd stated he is running on the democratic ticket and feels he would be the best for the job with fourteen years experience. He has been with the City of Eminence Police Department since 2002 as the K-9 Officer and is interested in promoting himself, Eminence and Henry County. He feels he can carry some of Eminence’s programs over into the County and plans to run a positive campaign. His biggest concern for the County is our children. He wants them to be able to have no fear of drugs, internet crimes, sexual abuse, etc. He is hoping to step up the County Department and would appreciate our support.

Subject: Bid Opening – Sale of Property Located at 6045 South Main Street – Mayor Bates opened the bids for the City’s sale of a house and approximately ½ acre of land located at 6045 South Main Street. The bids were as follows:

Attorney Brammell reviewed the bids and stated that the apparent high bidder is Karen Phillips. Member Ferguson questioned the request on this bid for return of $3,000.00 in closing costs and prepays. Mayor Bates stated that this is not unusual in a real estate transaction. Motion made by Member Ferguson and seconded by Member Winburn to accept the high bid from Karen Phillips of Eminence, KY. of $53,100.00 with request for the City to pay back to her up to $3,000 in closing costs and prepays. All members present voted “Yea”.

Subject: Minutes - The minutes of the previous regular session held on January 9, 2006 were reviewed. Motion made by Member Winburn and seconded by Member Roberts to approve the minutes as presented. All members present voted “Yea”.

Subject: Special Minutes - The minutes of the previous special session held on January 26, 2006 were reviewed. Motion made by Member Whitney and seconded by Member Roberts to approve the special minutes as presented. All members present voted “Yea”.

Subject: West Owen Street Project – Mayor Bates reported no change on this project as we wait for the lots to be sold.

Subject – Annexation – Attorney Brammell held the second reading of an ordinance annexing two parcels of property belonging to John W. Coomes, Jr. and Carol J. Coomes into the City limits consisting of 93 acres on Highway 55 South that runs from Highway 55 back to Clear Creek/Ellis Road and a 30 acre tract on Clear Creek Road that joins the Lighthouse Church. Attorney Brammell stated that the consent to annex has been duly signed by John and Carol Coomes. Motion made by Member Stephens and seconded by Member Ferguson to approve the ordinance as read annexing this property into the city limits. All members present voted “Yea”.

Subject: Dog Ordinance- Attorney Brammell stated in reference to the question on how we wish our ordinance to be enforced by the Humane Society, he has checked the agreement between the County and the Humane Society for control of dogs and that there is nothing in the agreement that says the Humane Society is to specifically enforce our City ordinance. Judge Brent believes that it is appropriate for them to work with the cities. Member Roberts stated he believes our ordinance should be enforced as written. Attorney Brammell cautioned against any over-zealous enforcement and since the Humane Society employee is not our employee he would be concerned about any directive being given from the City on the handling of our ordinance. Member Ferguson stated he believes we have a greater problem with cats. Mayor Bates stated this is probably true, but we have no way to take care of them at the Humane Society or otherwise at this time. Mayor Bates appointed a committee of Tom Ferguson, Howard Roberts and Leeroy Winburn to research how other cities with similar circumstances handle cats and stray dogs and to see if the can come up with a solution to our problem. The consensus of council was that no directive would be given from us and that we should continue to fall under the agreement between the County and the Humane Society for enforcement.

Subject: Eminence Tomorrow – Main Street Director Jennifer Watson reviewed the monthly activity report with council. Ms. Watson reported that the TEA-21 intent to file application and the Main Street Beautification Grant have both been sent in. We should hear from the Main Street application in a couple of months and the TEA-21 in June.

Ms. Watson reported that she is working on the re-certification for the Main Street Program. This is due February 24th.

Ms. Watson reported that she co-hosted a business women’s meeting on January 25th with approximately 25 individuals attending. Some of the ideas generated and being worked on from this meeting are to create a county map with local artist, Emmy Houweling to provide artwork; to provide a way to improve the appearance of the community with more roadside trash cleanup; and to come up with more adequate building maintenance in our downtowns. The next meeting of this group will be February 27, 2006.

Ms. Watson reported she is working on getting the Eminence Business Association together at the end of the month for a meeting.

Subject: Police Department Report – In the absence of Police Chief Mount Hadden, Detective Kevin Kemper reviewed the January activity report with council. Mayor Bates stated he appreciated the work of the detectives and the department on the excellent record of 100% solved cases.

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

Mr. Smith reported that the Kentucky State Clearinghouse is requiring an archaeological survey be performed prior to any construction on the North Main Street Pump Project. A proposal for these services from Cultural Resource Analysts, Inc. of Lexington was reviewed. They will perform this archaeological work for us for a lump sum price of $2,150 with possible additional charges of $1,500 for each cultural resource documented if any should be found. Motion made by Member Roberts and seconded by Member Whitney to approve this agreement with Cultural Resource Analysts, Inc. of Lexington for archaeological work as discussed. All members present voted “Yea”.

Mr. Smith reviewed with council the bids received on the North Main Street Project. The bids were opened on Tuesday, February 7th and are as follows:

Our engineer, Dave Derrick, has reviewed the bids and recommends that we accept the lowest bid received from Bowen Excavating in the amount of $107,174.26. The bid will have to be contingent on the archaeological survey work completion. Motion made by Member Winburn and seconded by Member Ferguson to award the contract to Bowen Excavating in the amount of $107,174.26 with the understanding that no actual construction can take place until the archaeological survey work is satisfactorily completed. All members present voted “Yea”.

Mr. Smith reported that he has received the Division of Water agreed order closing out the KPDES Permit Challenge.

Mr. Smith reported that the Division of Water has approved the Shawnee water line extension and that he is working on getting the necessary easements for this project.

Mr. Smith reported that employee, Tim Fitzgerald would be attending class next week to hopefully be able to get his certification.

Mr. Smith requested permission to advertise for a new general maintenance employee, who as a condition of employment will be required to be a certified water and wastewater operator after the required on the job training. Motion made by Member Stephens and seconded by Member Winburn to authorize advertising for this employee with the stipulation that they will have to get their certification in water and wastewater. All members present voted “Yea”.

Subject: Land Lease Contract – Public Works Director William Smith discussed the renewal of the land lease with council. Even though we no longer have to land farm the sewer plant property, it is still necessary to keep it mowed and maintained. The lease we currently have with Tim Fitzgerald needs to be re-newed. Motion made by Member Whitney and seconded by Member Ferguson to authorize the Mayor to enter into a land farm lease agreement with Tim Fitzgerald as it is felt to be in the best interest of the public and the City of Eminence for Tim to do this as he is familiar with the lay of the land and the needs for mowing by being at the plant each day. All members present voted “Yea”.

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 including $6,569.00 received as state assistance to cover the cost of 2005 public health insurance per HB 1.

Ms. Doane reported on the MDA she has completed for inclusion into the audit and that the audit is complete. The audit was reviewed briefly with council having no comments at this time.

Ms. Doane reported that she has made application to the transportation cabinet for the discretionary bond funds in the amount of $46,560.00. The proposed project would be to blacktop the Housing Authority streets with these funds.

Ms. Doane reported that when we closed the depreciation fund last year in conjunction with paying off the 1976 Sinking Fund debt, we should have commenced payments back into this account as it is also tied to the 1994 debt. Ms. Doane recommended and requested permission to totally re-fund a depreciation account from water and sewer operations and maintenance funds in the amount of $25,000.00 thus eliminating monthly transfer requirements. Motion made by Member Winburn and seconded by Member Ferguson to authorize transferring $25,000.00 from water and sewer operation and maintenance funds into a deprecation account per the bond requirements. All members present voted “Yea”.

Subject: Fire Department Report – Member Roberts stated that no meeting was held last week and that they will meet next month. It was reported that a grant meeting will be held in Louisville soon with Mayor Bates, Member Roberts and hopefully Chief Lucas to attend.

Subject: Community Center Report – The Community Center monthly activity report was reviewed. Mayor Bates reported that the 4th year funding on the school grant will be at 75%. Mayor Bates also reported that the school is not one of the first four to get a new grant, but have not been rejected. Other center activities and training were reviewed.

Subject: Zoning Ordinance Amendment – Attorney Brammell held the first reading of an amendment to Section 770 (Division of Property), Section 250 (Fees) and Section 260 (Exceptions for which building permits are not required) of the zoning ordinance.

Subject: Alcohol Ordinance Research – Council discussed that this has been handled and requested it be deleted from the monthly agenda.

Subject: Millions in a Month Campaign against Hunger in Kentucky – Mayor Bates reviewed a request he has received to adopt a resolution supporting and participating in the Millions in a Month Campaign against Hunger in Kentucky. Council discussed what this would involve. The only information available at this time was statistics about hunger in Kentucky. Motion made by Member Whitney and seconded by Member Ferguson to adopt the resolution supporting the campaign to fight hunger in Kentucky. All members present voted “Yea”.

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

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

Subject: Easement Purchase – Motion made by Member Roberts and seconded by Member Ferguson to authorize the Mayor to proceed with purchasing an easement from Russell and Mary Merker of 146 and 196 Tolle Court for the amount of $2,500.00 as per our prior offer. All members present voted “Yea”.

Subject: Policy Change – Motion made by Member Ferguson and seconded by Member Whitney to modify our policy regarding collection of the garbage franchise to permit persons with more than one water tap-on at a single property to pay one fee for garbage collection upon proof that the service and tap-ons are providing water and sewer service to one immediate family/household unit, with any request to be decided on a case by case basis. All members present voted “Yea”.

Subject: Merker Trash Franchise Fee – Motion made by Member Roberts and seconded by Member Ferguson to allow Russell and Mary Merker to be responsible for only one garbage collection fee effective with the next billing for their properties located at 146 and 196 Tolle Court based upon their current living arrangements being for one immediate family or household unit. All members present voted “Yea”.

Subject: West Owen Street Impact Fees – Mayor Bated discussed with council a need to determine whether we will charge impact fees for the services to the lots we have for sale on West Owen Street. Most of the lots have had services previously. Project Manager Kriss Lowry suggests that we waive the impact fees. Discussion held. Motion made by Member Winburn and seconded by Member Ferguson to require the payment of the $500.00 water tap-on fee and the $500.00 sewer tap-on fees, but to waive the impact fees for all the lots we have for sale on West Owen Street. All members present voted “Yea”.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Whitney to adjourn. All members present voted “Yea”. Meeting adjourned at 8:27 p.m.

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