Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, July 10, 2006 at 6:00 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Laura Whitney, Drane Stephens, Tom Ferguson and Leeroy Winburn. Absent was Member Howard Roberts.

Subject: Minutes - The minutes of the previous regular session held on June 12, 2006 were reviewed. Motion made by Member Winburn and seconded by Member Ferguson to approve the minutes as presented. All members present voted “Yea”.

Subject: Special Minutes - The minutes of the previous special session held on June 22, 2006 were reviewed. Motion made by Member Stephens and seconded by Member Whitney to approve the special minutes as presented. All members present voted “Yea”.

Subject: County Business – Magistrate Wayne Gunnell was present to discuss County business. Mr. Gunnell reported that the County passed their budget in excess of 5.1 million dollars. Mr. Gunnell reported that Glenn Ball has been hired as the Assistant Director to EMS Director Scott McClamroch. Mr. Gunnell reported that Darlene Taylor and Melody Fletcher have been appointed by the County as representatives to the Library Board. Magistrate Gunnell reported on siren problems being experienced in Eminence. The siren was installed so that the Kentucky State Police post could set the siren off, but the settings are somehow being changed between the tests possibly through a lack of communication between all individuals involved.

Magistrate Gunnell stated he feels we need better communications between everyone as pertains to the 911 Service and how to fix the problem. He reported that Judge Brent agrees that all the cities need to set down together to discuss this issue. Magistrate Gunnell stated that there is currently $120,000.00 in the account and that the County has forgave the City the $10,000.00 payment to them, but that the City will have to take care of their own police radios. Member Ferguson asked if this is something which will continue to come up each year. Magistrate Gunnell stated we will need to look at it each year. Member Ferguson stated he doesn’t want to wait until twelve months have passed for a meeting and wants to have one in three months. Clerk Doane asked why it was felt that the citizens of Eminence needed to pay for this service twice as they already pay this through their phone bills to the County. Clerk Doane stated that we asked for a complete breakdown on the income and expenses for the County 911 fund when we met the last time but never received anything. Member Winburn stated he feels the City carries the County. Magistrate Gunnell stated that lots of other things are being provided to the City by the County. Member Winburn stated we need better communication. Mayor Bates stated that the committee agreed the City was not going to pay this anymore and that it will continue to be an issue. Mayor Bates stated that in June of 1995 we agreed to pay the $10,000.00 to get the fund established and the initial equipment purchased. The $1.00 charge began on the phone bills in June of 1993 and that the citizens feel they are paying more than they should for this service. Mayor Bates stated that the fund supposedly had over $90,000.00 last year and now has over $120,000.00, which should make this a self-sufficient fund. Mayor Bates asked what other expenses are being paid out of this fund and depending on what these expenses are, he doesn’t feel we need to contribute anymore. He is willing to set down anytime to discuss this, but continues to feel that if the fund is solid, that the City should not have to contribute anything else. Member Harris asked if the citizens were paying twice for this service. Mayor Bates stated that they are paying on their phone bills and again through the $10,000.00 payment direct from the City. Member Harris stated he has lots of concern over the City/County conflicts that continue to come up.

Subject: Mayor’s Update – Mayor Bates reported that we need to address the planning and zoning ordinance amendment and specifically the section on signs. The County may not do the section of the recommendation as pertains to signs.

Mayor Bates reported that we should start seeing additional law enforcement fees as the Cities of Kentucky have received a favorable ruling on this lawsuit (HB 413) and should see additional funds in this area when the allocation of funds is corrected after this ruling.

Mayor Bates stated that Pat Wallace with the Chamber of Commerce is requesting information to include on Eminence in the County brochure being developed. Mayor Bates read Ms. Wallace’s recommendation and requested comments or changes from the Council. Council requested to contact him or City Clerk Doane with any ideas.

Mayor Bates reported that a Homeland Security meeting is set up for Thursday, July 13th with Police Chief Hadden, Fire Chief Lucas, Public Works Director Smith and himself scheduled to attend.

Mayor Bates reported on an initial meeting of the Henry County e-Community Leadership Team scheduled for Tuesday, July 25, 2006 at 10:30 a.m. at the Henry County Middle School to implement Kentucky’s Prescription for Innovation. This will involve assessment of the County’s broadband infrastructure and support applications for the entire County.

Mayor Bates reported on a recycling conference scheduled for August 14th and 15th. Member Stephens and Harris expressed an interest in attending this on behalf of the City.

Mayor Bates reported on the Kentucky Institute for Economic Development Training Conference scheduled for August 20th through August 25th in Lexington, KY. The registration is $550.00 with seven scholarships available should someone want to pursue attending.

Mayor Bates reported that he is close to having the Saydah property under contract with other economic possibilities being worked on, but specific information cannot be given out at this time.

Member Stephens asked about the status of the Family Dollar Store. Mayor Bates stated he believed, that per the owner of the property, there are contractor issues.

Member Stephens asked about the status of Quail Run Subdivision. Mayor Bates reported that some of the infrastructure is in place, but no actual housing is underway. Member Harris stated we may not see a lot of movement in this subdivision until other houses owned by the developer in other areas are sold.

Member Ferguson questioned why we are not seeing activity across the street by Tommy Paul on the contract building we sold him. Mayor Bates stated he feels there could be a need to work in other areas for a while for income flow purposes. Member Harris stated that the property was a lot worse once Mr. Paul started to work on it. Member Ferguson stated he hates to see the building with boarded up windows. Attorney Brammell reviewed the contract with Mr. Paul and stated he had twelve months to be complete with that deadline having passed. Member Ferguson stated we needed to go ahead and give an extension to the contract. Mayor Bates stated he will ask Mr. Paul to attend the next meeting.

Clerk Doane asked if we needed to respond to the County’s letter pertaining to 911 contributions since we have already stated we will not pay this. Attorney Brammell stated we should respond as requested with consensus of council being to continue with our statement of not paying this as previously sent to the County.

Subject: Amendment to the Planning & Zoning Ordinance – Attorney Brammell reviewed the proposed amendments to the planning and zoning ordinance which would amend Sections 390, 660 II C, 1100, 1110, and 1120. These changes are being recommended by planning and zoning, with the County having only adopted the first two sections of the recommendation and adopting nothing as pertains to signs. Attorney Brammell stated we do not have to do the same as the County does even though we have attempted to be consistent in the past. Mayor Bates set up a committee to review this ordinance amendment in depth, especially as pertains to signage. The following individuals agreed to serve on the committee: Tom Ferguson, Jennifer Watson, Leeroy Winburn, Alice Ferguson and Treva Browning. Mayor Bates and Attorney Brammell will also serve. Member Ferguson asked if individuals would be grandfathered in on signs established prior to the changes being recommended. Attorney Brammell stated yes, if all other items of the requirement as being met and conformed to. A meeting was set for Wednesday, July 19, 2006 at 5:30 p.m. The second reading of the amendment to the planning and zoning ordinance was postponed.

Subject: Planning & Zoning Zone Change Request – Council reviewed the zone change request and recommendations from the planning commission as pertains to the request from Coomes Brothers, LLC. The recommendation from planning and zoning is to allow the requested zone change from A-1 to B-2 for approximately 35 acres of land located on the west side of Highway 55 at 6309 South Main Street with certain restrictions on certain types of uses and the requirement for buffers and screening near the residential property on the north side per Section 660 (d) 1, 2, and 3. Motion made by Member Ferguson and seconded by Member Stephens to approve the zone change recommendation from the planning commission for Coomes Brothers, LLC for 6309 South Main Street from A-1 to B-2 and without any further hearings or reviews being required. All members present voted “Yea”. Member Stephens asked if a conceptual development plan will be prepared. John Coomes stated it is ready now.

Subject: West Owen Street – Mayor Bates reported there are no changes in the status of the West Owen Street project with the exception of a bid for two of the properties for sale which will be covered in closed session. Mayor Bates reported that the old fuel storage tanks are gone from West Owen Street. Mayor Bates reported we are close on our blacktop estimate of $11,715.00, but that we may not be able to do the entire street as blacktopping has gone up to $55.00 per ton.

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

Ms. Watson reported we were not successful on our TEA 21 grant. She has reviewed the ones that were successful with most of them being for health and preservation issues rather than streetscape and that we may need to look at changing our request the next time we apply.

Ms. Watson reported that the attendance at the July 4th celebration, co-sponsored by Eminence and New Castle, was fair.

Ms. Watson reported on a yard sale scheduled for August 5th as a fundraiser for the Main Street program to raise money for enhancing the corner park. This will be partnered with other non-profit groups to have a downtown yard sale with the stores to have sidewalk sales. Music and food vendors are also being looked into. She is accepting donations of items for the yard sale any time.

Ms. Watson reported she will be attending a statewide Main Street Conference on Wednesday through Friday of this week with the New Castle Main Street Manager. She will receive points toward certification. She is also planning on having the Main Street meetings at different business locations to encourage attendance. The first one is at 5:00 p.m. tomorrow at the Hong Kong Restaurant. The Business Association meetings may piggy back onto the second Tuesday of each month to encourage attendance at both meetings.

Ms. Watson reported she will be looking into neighbor development as a project. West Owen Street was originally under the Main Street program and then taken out. Member Stephens asked if a Habitat for Humanity house could be developed in the West Owen Street area. Ms. Watson stated it does take lots of effort and there are a lot of startup requirements. Member Winburn asked how to get started on this. Member Whitney stated she would like to see us look into this as she knows someone who personally benefited from this program. Ms. Watson will look into this program.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council.

Chief Hadden reported on the Renaissance Faire. Chief Hadden reported that within the entire six weekends of the Faire, only three total incidents were reported with two of them being heat exposure and one being a fall from a horse. No citation, arrests, or complaints were made as pertains to the Faire itself. Member Harris asked about noise complaints. Chief Hadden stated there had been one but it was unfounded. Chief Hadden stated he believed Mr. Frederick was happy with the summer, especially the last two weekends.

Jennifer Watson stated that all the vendors are returning next year and that she wants to commend the EMS for being so helpful with elderly and handicapped people who attended the Faire. She has also heard that some Highland Games are interested in attending here next year pending their current contract. Jim Petitt stated he also had talked with the vendors and that one from Oklahoma stated they felt it went well for a 1st year faire.

Chief Hadden stated that approximately seven to nine letters have gone out pertaining to grass and weeds.

Subject: Public Works Department Report – In the absence of Public Works Director William Smith, Mayor Bates reviewed the monthly activity with council. Mayor Bates reported that Mr. Smith has contacted Kentucky Utilities to proceed with relocation of the switches on Mulberry Road to prevent future power outages. This will cost approximately $10,000.00. Mayor Bates reported that Mago Paving Company has been contacted about resurfacing the streets with the work scheduled for late July. Mayor Bates and Public Works Director William Smith have prioritized the streets with a list available if council wants to see it.

Mayor Bates reported that the new street lights are starting to have problems with the ones that hang down collecting water and going out. Art’s Electric has evaluated the problem and gave us a price of $1,263.00 to fix the ones that are out now. There is no logical reason why we are having these problems. Member Harris stated he may have an idea and asked that Bill Smith come by and see him.

Mayor Bates reported on educational sessions Mr. Smith has attended for continuing education units.

City Clerk Doane reviewed a pay request from Bowen Excavating in the amount of $38,307.96 for work to date on the North Main Pump Station Modifications Project. The pay request has been reviewed and recommended for payment by our engineers, Derrick Engineering, Inc. Motion made by Member Winburn and seconded by Member Ferguson to approve the pay request as presented. 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.

Ms. Doane reported on the favorable ruling on HB 413 (law enforcement citation fees), which should give us back money which was not distributed correctly after the bill was passed. Chief Hadden stated he wants to make it clear that no citation fines go to the City and that we do not have a quota.

Ms. Doane reported that we have received our final reimbursement from FEMA and that all agencies that assisted us with the tornado have been reimbursed their requested and verified amounts.

Ms. Doane reported that the Land and Water Conservation Grant has been completed and sent into the State with the assistance of Rob Trowbridge with KIPDA. Ms. Doane reviewed the pledges toward this project to date. The pledges currently total $6,400.00.

Ms. Doane reported on the City Summit meeting she attended and some of the items covered including sources of income and that KLC is stressing that Cities must utilize the sources already available to them including the 4% allowed increase in income on property tax or the legislators will not be inclined to come up with other income sources. Member Ferguson stated that he has an issue with the restaurant tax being proposed.

Subject: Deferred Compensation Program – No report as the requested information has still not been received.

Subject: Fire Department Report – Member Harris presented the monthly fire department report. Member Harris stated that the department wants to add onto the building for a storage area. Member Harris was reminded that any changes would have to come before Council for approval. Member Harris asked about the fire department financial reports and/or audit. City Clerk Doane was asked to remind the department treasurer that these reports are due. Clerk Doane stated we were going to make the audit a requirement of the new contract with the Fire Department.

Subject: Recycling Conference – The recycling conference was discussed again with Member Stephens and Member Harris stating they would like to attend pending council approval. It was noted that the conference is on our normal council meeting night. Motion made by Member Winburn and seconded by Member Ferguson to allow Members Harris and Stephens to attend the conference if their jobs permit with the City to pay the registration, lodging and costs as necessary. All members present voted “Yea”. No change was made for the next meeting as it was felt we would still have a quorum.

Subject: Community Center Report – No monthly report was available. Mayor Bates reminded council that effective July 1, 2006 the school’s grant reduced to a 75% amount and will drop to a 50% amount July 1, 2007 and that we need to plan for the future possibility that we will have to take over the entire costs to operate the Center if an additional grant is not received by the school.

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

Subject: Filing for Office – Council and public were reminded of the filing deadline of August 4th at 4:00 p.m. if interested in running for election to Mayor or Council positions.

Subject: Closed Session – Motion made by Member Stephens and seconded by Member Ferguson to go into closed session to discuss the possible sale of West Owen Street lots and possible easement litigation.

Subject: Sale of Lots – Motion made by Member Stephens and seconded by Member Winburn to authorize the Mayor to make a counter offer to the offer we received for sale of two of the lots on West Owen Street with said counter offer to be in the amount of $15,500.00 total for both lots with the provision that the City would remove the concrete slab in question and with no other contingencies and with a 30 day closing and Attorney Brammell to review the counter offer prior to presentation to the bidder. On a call of vote by Mayor Bates, voting “Yea” were Members Harris, Stephens, Ferguson and Winburn. Abstaining due to a family connection was Member Whitney.

With no further business to be discussed, motion made by Member Stephens and seconded by Member Ferguson to adjourn. All members present voted “Yea”. Meeting adjourned at 8:49 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.