Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, June 12, 2006 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, and Tom Ferguson, Absent were Members Drane Stephens, Leeroy Winburn and Kevin Harris.

As a quorum was not present the regular meeting could not begin. Attorney Brammell stated we could proceed with the Public Hearing portion of the agenda as a quorum is not required for a public hearing.

Individuals present for the public hearing were Mount Hadden, Jennifer Watson, Shawn Bright, Jim Petitt, Treva Browning, William Smith, Alice Ferguson, Brad Stewart, Larry Mitchum, Richard Thomas, Lawrence Wright, Kriss Lowry, Brooke Melville, Tom Ferguson, Sandy Doane, Mayor Doug Bates, William Brammell, Howard Roberts and Laura Whitney.

City Clerk Sandra Doane explained the anticipated income and proposed expenditures for the MAP and LGEA funds. The proposed budget for the MAP funds was discussed, which included combining various funds with the normal MAP funds designated for blacktopping in order to obtain a better price for a larger area. Included in the MAP funds is our commitment to the West Owen Street blacktopping. Mayor Bates asked for comments on the MAP funds. Kriss Lowry reminded council that it was okay to continue to wait until the last house is purchased and torn down on West Owen Street to do the blacktopping in this area, however, it must be completed by December 31st. Lawrence Wright asked if we meant this year. Mayor Bates replied yes it must be done by December 31, 2006. Mr. Wright asked if the lots for sale on West Owen Street must remain residential. Mayor Bates stated we would discuss this in the regular session. City Clerk Doane discussed that no LGEA funds are budgeted for expenditure this year. Mayor Bates asked for comments from the public. Clerk Doane stated that she had not received any written comments regarding either fund. With no other written or oral comments from the public regarding the proposed budget for the MAP and LGEA funds, the hearing was closed at 6:20 p.m.

Mayor Bates called the regular portion of the meeting at 6:45 p.m. with the following members present: Laura Whitney, Howard Roberts, Drane Stephens, and Tom Ferguson. Absent were Members Kevin Harris and Leeroy Winburn.

Subject: Insurance Bid Discussion & Award – Mayor Bates reported that the insurance bids were opened on June 5, 2006 with three agents participating in the bid. A spreadsheet was reviewed by council. Mayor Bates asked each agent present to review their bid. Larry Mitchum, the current agent with Curneal & Hignite, reported he went with a different carrier this year. The company he quoted is EMC, who has written lots of public entities. He will check on the retro date for public officials and law enforcement, as the company gave a 7-1-01 date with a 7-1-99 being asked for in the specifications. The two million umbrella quote covers general liability, law enforcement, public officials, and employment practices. Brad Stewart representing Insuramax reviewed his quote with St. Paul Travelers. He pointed out that his retro date is 7-1-99 as asked for and would like the other carrier to quote using this date before a decision is made. Larry pointed out that his deductibles are less on public officials and law enforcement and that only a minimal charge would be made for the different retro dates. Member Ferguson questioned why the quotes were different. Both agents stated that some companies will only write one deductible, etc. Member Roberts stated he liked having the Fire Department workers compensation coverage. Mayor Bates stated we do not need this coverage as the firefighters are covered elsewhere. The quotes were as follows:

Motion made by Member Roberts and seconded by Member Ferguson to award the bid to the lowest bidder of Curneal & Hignite for all coverages quoted for the premium of $47,199.10. All members present voted “Yea”.

Subject: West Owen Street Redevelopment Project – Kriss Lowry gave a status report on the West Owen Street Project. She reported that the two lost checks that had to be re-written on the McGruder Estate have finally cleared the bank. Ms. Lowry reported that the grant deadline has been extended to December 31, 2006. Question asked if we have to purchase the last house in the project. Ms. Lowry stated that we could address the issue through code enforcement, but we will have to address other issues on the street as well. She stated we must sell the now five lots and cannot have land left over at closing of the project. The realtor contract with Billy Bob Coomes expires in July with no activity on the lots. The question asked by Lawrence Wright in the public hearing regarding whether the lots had to be used for residential purposes only was discussed. Ms. Lowry stated that currently the lots are all zoned residential and that we could change by way of amending our urban renewal plan and doing a zone change. She also stated that we would have to do an updated appraisal to purchase the last house for less that the previously appraised $20,000.00. Ms. Lowry reported that the only grant money left is $3,500.00 for administrative services due her company. Lawrence Wright stated that the City needs to keep the grass cut on the lots we own on West Owen Street. Richard Thomas asked why Ricky Rynes is being allowed to use the City lot for parking of his commercial equipment. Mayor Bates stated he should not be using the lot at all. Mr. Thomas stated that he brings this equipment in at all hours of the night and parks it everywhere. He stated that you still cannot see how to get out of West Owen Street because of equipment parked at the end of the street and that an accident will happen there if this is not addressed.

Subject: Property Enforcement – Council asked for a status report on the various properties in town which need enforcement action on them. Mayor Bates reported that the Wathen and Garner buildings are either gone or on the ground. Johnny Popp’s property on South Main is in the works with a dumpster scheduled to be brought in for removal of the debris. The Koenigstein property was discussed. Attorney Brammell stated we can take legal action to get this torn down, but would have to front the expense and file a lien or file a separate legal action. Member Stephens stated that the Chevalier property on Elm Street has a large hole in the ground that is dangerous and that children are playing in this area. Other properties discussed included the Hernandez property on East Broadway, the building at King & East Broadway, the House Calls building, and the building at the corner of Penn and South Main Street. Chief Hadden reported that Kevin Harris asked for a 30 day extension on his buildings with the extension being granted. The owner of the building at Penn and South Main Street has stated she will get back to this soon as she has been dealing with the death of her son. Member Stephens asked if the Chevron (Wathen) property cleanup is complete. Mayor Bates stated no as test wells are still present with EPA having not released it yet. Member Stephens asked if one of the council could be the lead person on this ordinance enforcement. Attorney Brammell stated it would be a conflict of interest for a council member to do this.

Subject: Pool Hall Building – Mayor Bates reported on Tommy Paul’s progress on the pool hall building. Mayor stated that Tommy has put up new drywall, painted and is treating the exposed bricks. The electricity and heating and air conditioning are being worked on. Wood has been replaced around the windows. An original door is being looked for as well.

Subject: Mayor’s Update – Mayor Bates reported that the land and water grant application is being worked on. We will be asking for the maximum of $75,000.00 which will require a 50% match. A special meeting will be held on June 22, 2006 at 7:00 p.m. to hold a public hearing concerning this grant and related recreational activities. Mayor Bates reviewed the scoring criteria with council. Donations need to be listed on the application for additional points. Member Ferguson stated we will get hit hard with the pool issue at the public hearing. Clerk Doane stated that the reason for the public hearing is to get all comments and suggestions. Jim Petitt questioned how the pool got in the shape it is in. Mayor Bates stated the problems are age related and not neglect. Mr. Petitt stated he felt if we could spend $681,000.00 on sidewalks and lights we should be able to repair the pool. Mayor Bates stated the issues are not just repairs but operation and personnel as well. Mr. Petitt stated we did not get a good deal on what we’ve got on the street lights and he feels a bad decision was made and that we have not taken care of the pool.

Mayor Bates stated that the 8 inch water line we installed on South Main will probably prove to have been a good choice as a zone change will be coming before Council for development in this area.

Mayor Bates reported that the Renaissance Faire has been receiving positive comments. Member Ferguson stated he has had additional business generated because of the Faire. Mayor Bates discussed the council member authority and that fact that we cannot get admittance into the Faire without paying and that one council member continues to request free entry. Treva Browning stated she has been very pleased with the people at the Faire and that she finds them to be happy God loving people. The Faire has had a trickle down effect with breakfast being bought in town, a trailer being purchased from Browning, etc. Alice Ferguson stated that people are eating in town and are happy to be in Eminence and share with the community. They seek out individual people who own businesses and not the chain stores.

Subject: Amendment to the Planning & Zoning Ordinance – City Clerk Doane and Brooke Melville with the Henry County Local stated that they understood that the County has made additional changes to the proposed amendment to the planning and zoning ordinance. The second reading of a proposed amendment to the planning and zoning ordinance which would amend Sections 390, 660 II C, 1100, 1110, and 1120 was postponed until Attorney Brammell could check into this. Attorney Brammell stated we did not have to do the same as the County, but doing so would keep the ordinance consistent for everyone.

Subject: Zone Change Request – Mayor Bates informed council of a public hearing set for June 14, 2006 by planning and zoning to hear a proposed zone change request from John Coomes for property located on South Main. This will come back to us after planning and zoning makes a recommendation.

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

Ms. Watson reported that the planting donations and assistance totaled about 25 volunteer hours. Rose Hill donated 120 plants and barrels were donated by Buffalo Trace Distillery.

Ms. Watson reported that Eminence Day was well attended. Approximately 200 volunteer hours were assessed by 20 volunteers. Next year’s celebration planning will start soon.

Ms. Watson reported that the Renaissance Faire has been having good crowds. Tourist issues are being addressed. Welcome packets for vendors are being prepared for things they might need while staying in town.

Ms. Watson reported we have been re-certified again. Each year we certify it gets harder. She is keeping more records in hopes that this will help. Ms. Watson stated that preservation is a slow process.

Ms. Watson reported that she is seeing a lot of illegal signage in town including at the light intersection in front of Browning’s and across from Dairy Queen. She has been recommending the City’s lot versus on the right of way. Browning’s is working on a permanent sign on their property to match ours.

Ms. Watson stated she was interviewed today by the Henry County Local in conjunction with Pat Wallace about the Women in Business group. She reported she has also spoken at Rotary about the Main Street Program. She is working on partnerships with other groups and on educating people about Main Street.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council. Member Ferguson asked if the department has had any problems as a result of the Renaissance Faire. Chief Hadden stated that no criminal problems have been created. Chief Hadden stated that the policy of no beverages of any kind can leave or enter the compound has greatly helped to deter any problems and also assists with trash issues. Chief Hadden stated that there are some senior citizen discounts available which were not printed on the program.

Chief Hadden stated that most of the property ordinance issues have already been addressed. He stated that he will address grass issues as time allows, but cannot make this his first priority.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity with council. Mr. Smith reported that the Faire is officially a water/sewer customer. They installed a six inch water main and have a first class bathhouse with 18-20 campsite pads. Two pump stations were installed with a first class system.

Mr. Smith stated he would like direction on whether he has to install new water services in the Arborview Subdivision which has not done the roads and other things correctly. Attorney Brammell asked if this was short comings on the streets and if so the bond would cover it. Mr. Smith stated no bond was put up on this particular subdivision. Attorney Brammell stated that if not otherwise regulated then we could deny services until the required regulations are met on other issues. Consensuses of council for Mr. Smith to deny services until the areas of concern are corrected.

Mr. Smith reported that the blacktop work on Highway 22 will be starting soon. Main Street to Jackson Road will be milled out prior to blacktopping.

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. Ms. Doane gave each council members updated budget information. This information did not reflect any total changes in the budgets, but did include some line item changes and typographical corrections. Ms. Doane reported that the yearly increase in the garbage collection rate will go into effect in July. The increase will be .37 per month on residential and .55 per month on commercial.

Subject: Second Reading Budget Ordinance – Attorney Brammell held the second reading of the fiscal year 2006/2007 Budget Ordinance. Motion made by Member Stephens and seconded by Member Ferguson to adopt the budget ordinance as read. All members present voted “Yea”.

Subject: Yearly Salary and Benefit Changes – Mayor Bates discussed the recommended salary adjustments. All employees are recommended to receive the cost of living increase of 3.385% with the exception of Detective Duncan who is recommended to receive 5% and Jennifer Watson who is recommended to be increased to $15.00 per hour. Mayor Bates discussed that the budget reflects all fulltime employees will have their employer paid health insurance capped at $900.00 per month effective July 1, 2006. Member Roberts asked why Detective Duncan is being recommended to receive more than the other officers. Chief Hadden stated that Detective Duncan is receiving very little for his health insurance reimbursement and was started much less than he should have been. Motion made by Member Roberts and seconded by Member Stephens to approve the salary and benefit changes as recommended and discussed above effective with the pay period beginning June 25th. All members present voted “Yea”.

Subject: Deferred Compensation Program – Attorney Brammell stated he still has not received copies of all the attachments needed in order to make a decision on the deferred compensation program. The contract does reference liability indemnification. Attorney Brammell stated that perhaps a conference call can be set up between the representative, the City and himself to clarify the questions.

Subject: Net Profits/Occupational Tax Ordinance – Attorney Brammell informed council that the revised ordinance is not ready for presentation, however a time sensitive section amendment needs to be done to correct the allocation of the funds at year end. Attorney Brammell held the first reading of an amendment to the Occupational/Net Profits Ordinance changing the allocation of funds at year end.

Subject: Fire Department Report – Member Roberts presented the monthly fire department report. Mr. Roberts stated that the department collected $40,132.78 for the Crusade for Children.

Subject: Community Center Report – No monthly report was available. Mayor Bates stated that effective July 1st the school’s grant reduces to a 75% amount and will continue to be lower each year. We need to look at the possibility of having to assume the entire financial responsibility in a few years if an additional grant is not received by the school.

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

Subject: Special Meeting – Mayor Bates reminded council of the special meeting scheduled for June 22, 2006 at 7:00 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 9:28 p.m.

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