Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, September 11, 2006 at 6:00 p.m. with Mayor Doug Bates and the following members present: Laura Whitney, Howard Roberts, Drane Stephens, Tom Ferguson, Leeroy Winburn and Kevin Harris. Absent were none.

Subject: Minutes - The minutes of the previous regular session held on August 14, 2006 were reviewed. Motion made by Member Roberts and seconded by Member Winburn to approve the minutes as presented. All members present voted “Yea”.

Subject: Minutes - The minutes of the previous special called session held on September 7, 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: County Business – Magistrate Wayne Gunnell was present to discuss County business. Magistrate Gunnell stated that the County was looking at setting up a paramedic program to provide advanced life support. The County is asking each City to provide a letter of support to the County. Member Stephens asked how this would be funded. Magistrate Gunnell stated the fiscal court would be funding through surplus funds and the general fund. The initial cost to bring into the County is around $19,000.00. The Fiscal Court will be voting on this the third Tuesday in November. The EMS Advisory Board is recommending a January 1, 2007 start date for this service. This would be set up with a chase car that would be on-site in the County. If the paramedic is not needed, they would go back to the building. Definite protocol will be put in writing. Council again asked the cost for this service. Magistrate Gunnell stated he would not respond to this until after the Fiscal Court hears the proposal. Magistrate Gunnell stated that the current EMS system is approximately $30,000.00 in the black.

Magistrate Gunnell reported that the County set the 2006/2007 tax rates at 11.7 per $100 assessment for real property, 15.9 per $100 assessment for personal property, and 11.9 per $100 assessment for water crafts and vehicles.

Magistrate Gunnell reported that the County has spent $20,000.00 refurbishing the park system. The goal is to get grant money to purchase additional land.

Magistrate Gunnell reported that the County would have some personnel changes effective October 1st. Greg Derossett will be the new planning and zoning officer, Donnie Tipton will be the new part-time solid waste enforcement officer, and Willie Peyton will become the Henry County Parks Coordinator.

Magistrate Gunnell reported that Giltner Road will be paved from Highway 22W to Smithfield. State Highway 22W and Mulberry Road have been re-surfaced. Highway 22 East will be milled down for paving also. Requested a letter from the Mayor on this project.

Magistrate Gunnell reported that the alarm system on the City’s siren is creating problems. The County spent a lot of money on this system for it not to be working. It currently must be set off manually. Mayor Bates suggested using it only as a weather alert. Both agreed the problems must be resolved.

Subject: Mayor’s Update – Mayor Bates reviewed a letter received on our land and water grant denying our request for funds to develop a splash pad system. Only fifteen projects were selected. Reported he is working with the Judge on a possible countywide project for a year round water facility. He is planning on getting a survey form out to see what the public wants. Member Ferguson asked if we could re-apply next year for this grant. Mayor Bates indicated that we could re-apply if we choose to do so. It was suggested that a project committee be set up to address these recreational needs. The following individuals volunteered to serve on this committee: Tom Ferguson, Drane Stephens, Leeroy Winburn, Brenda Chism, and Treva Browning. Nellie Druin, as well as other representatives from the school and County, will be asked to serve also.

Mayor Bates reported that Bill Hysinger will be purchasing the Saydah building with one manufacturer going in that will provide 40-50 jobs. The new business will be Apollo Choppers and at least 25-30 of the jobs will be filled locally averaging from $11.00/$12.00 per hour. They are anticipating an October 1st start of production. They are working on leasing out some of the property.

Mayor Bates reported that the bulk oil plant on West Owen Street is down with September 15th having been set as a date for the balance of the cleanup work to be done.

Mayor Bates reviewed with Council the “no signs on right of way” letter he received from the Transportation Cabinet and the letter from Insight discussing upcoming changes in their service.

Mayor Bates reported on a new business being started by Tony Finch to do automotive and mower repairs.

Mayor Bates reported that the next Connect Kentucky meeting is scheduled for September 19, 2006 at the Henry County Library at 2:00 p.m.

Mayor Bates reported that the Family Dollar Store is still supposed to be a go per the property owner. The first contractor had some problems and had to pull out.

Mayor Bates reported that Ed Frederick with the Renaissance Fair has requested a local committee to assist with development and recreational programs for use of the park during off season times. The Celtic Fest is scheduled for the weekend of September 30-October 1, 2006. Those volunteering to serve on this committee were Wayne Gunnell, Jennifer Watson, Leeroy Winburn and Ellie Brammell.

Member Ferguson asked for an update on the downtown buildings which need renovation. Mayor Bates stated that all are being worked on somewhat with possible sales involved for some. Member Ferguson questioned why we are not doing something on the old pool hall building as Mr. Paul’s contract has run out. Mayor Bates stated he feels it is better to have the potential for a future business at this location than to take the building back and that Mr. Paul does have a lot of money tied up in the building and that the work is slow going. Member Ferguson stated this is not satisfactory and that we should take the building back and re-sell it to someone else. Member Harris stated that things are happening with his building that is not for public disclosure.

Subject: Candidate Introduction – Tim Feeley who is a candidate for Circuit/Family Court Judge was present to introduce himself to council. Mr. Feeley stated that he was appointed to this position in March of 2005 by the Governor. Mr. Feeley stated that he is in Henry County every Tuesday and that he represents Carroll, Henry, Trimble and part of Oldham County for the 47th District. Mr. Feeley stated he would be glad to answer any questions that council might have of him and stated he would appreciate being considered by them for election to this position.*

Subject: Planning & Zoning Zone Change Request – John Coomes, II was present to discuss the zone change request he made to the planning commission for his property located at 6366 South Main Street. The request is to change 56.946 acres of the property from A-1 to B-2 and to change 37.688 acres of the property from A-1 to R-1. The zone change was reviewed by the planning and zoning commission with them having approved the zone change with some special conditions. Motion made by Member Winburn and seconded by Member Roberts to approve the zone change request for John Coomes, II for his property located at 6366 South Main Street as recommended by planning and zoning and with the same special conditions. All members present voted “Yea”.

Subject: West Owen Street Project – Kriss Lowry was present to update council on the West Owen Street Project. Ms. Lowry stated that she has received the paperwork back from the state approving the extension of the project to December 31, 2006. Ms. Lowry stated that the project really needs to be completed by this date.

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

Ms. Watson reported that the committee met on the caboose/welcome center idea that was introduced last year as a grant project. The idea is to use the train car for a welcome center. A site visit is being planned for the end of the month and they are also looking at other purchase avenues.

Ms. Watson stated that two to five of the benches wanted for the City park should be completed by Christmas. Funding is being looked at including renting by the businesses. The first year rent would go back to Mr. Stalker at the school for their work in building these benches.

Ms. Watson reported that she has re-painted her office and streamlined her furniture in order to provide a good design and attractive space.

Ms. Watson reported she is planning a press release with a photo for the silent auction highest bidders from the benefit yard sale held in August.

Subject: Police Department Report – Chief Hadden reviewed the monthly activity report with council. Chief Hadden reported that Officer Button resigned effective September 9, 2006. Chief Hadden stated that Officer Simmons is present to discuss with council a status change request.

Officer Simmons stated that as School Resource Officer he has lots of extra hours for meetings and school events. Sometimes he doesn’t know the hours to be worked ahead of time in order to take off earlier in the week and stay within the 40 hours. He is requesting that he be made salaried, so that his hours over 40 can be taken off whenever he wants to. Attorney Brammell stated that wage and hour would have issues with this and merely being designated as salary does not make it so. This will have to be looked at from the wage and hour ruling. Council requested that Attorney Brammell get a determination from wage and hour.

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 90% complete.

Mr. Smith reported that Jim Dobson wants the City to accept the streets in Arborview Subdivision and that he has sent the required request in writing to verify the dedication of the streets to the City. Mr. Smith stated that it was pointed out to him that there may be an area of concern with the streets as one in particular may not be extended far enough. He has checked this particular area of concern and agrees that this needs to be done prior to our acceptance of the streets. Council in agreement that Mr. Dobson should correct this problem prior to our accepting the streets. Attorney Brammell in agreement that we should not accept the streets until all the criteria is met on the streets.

Mr. Smith stated he feels we do need to install speed limit signs and children at play signs on the streets in Arborview Subdivision. Motion made by Member Roberts and seconded by Member Winburn to authorize the purchase and installation of 15 mph signs and Children at Play signs for Arborview Subdivision streets. All members present voted “Yea”.

Mr. Smith stated he has been given some material to fill in the pool with if council is in agreement. Discussion held. Motion made by Member Roberts and seconded by Member Ferguson to authorize Mr. Smith to accept the fill material free of charge to the City and to authorize him to proceed with filling in the pool. All members present voted “Yea”. Treva Browning stated that mosquitoes are becoming an issue at the pool area.

Council discussed what could be done about the noise factor of big trucks on Mulberry Road. Motion made by Member Roberts and seconded by Member Ferguson to start the ordinance process that would not allow the use of jake-brakes in the city limits and to proceed with getting signs stating such. 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. Member Stephens asked what could be done about the property taxes that have not been paid for prior years. Question asked if we can accept payments toward these old taxes and show a balance forward each year. City Clerk Doane stated she would check the new program to see how this can be handled. Clerk Doane stated that all delinquent property taxes have liens filed against the property.

City Clerk Doane asked if her office needs to verify zoning prior to selling individuals a year round yard sale business license. Attorney Brammell stated it is appropriate to tell individuals that their zoning may not be correct or that having a year round yard sale could be against the individual subdivision regulations for their area, but that we did not have to make it a condition of selling the license, as they are two different issues. We could make it a part of our occupational tax ordinance when we revise it the next few months.

Clerk Doane reviewed with council a new policy of issuing Mayor/Council checks that would not allow for the checks to be processed until after the regular council meeting of the last month in the quarter due to the recent ordinance which set up deductions for over two missed meetings.

Clerk Doane reviewed the investments interest earnings with council for the fiscal year ending June 30, 2006. The total interest earned for the Water Works was $34,737.85 and the total earned for the City was $5,326.07.

Subject: Deferred Comp Program – Attorney Brammell stated he is waiting on the Deferred Comp Program legal department to call him back on the issue of the missing attachment paperwork to the contract.

Subject: Street Lights – Member Ferguson asked about the status of the streetlight request on Lakeview Drive. It was stated that the new light has already been installed on a long arm. The resident in the area whose home was broken into has expressed their thanks.

Subject: Fire Department Report – Member Roberts presented the monthly fire department report. Member Roberts reported that the department has received a grant for $3,880.00 to purchase their own radio channel and repeater to place on the tower. This will take care of the dead places in the system and allow Eminence to have service all the time. Member Whitney stated she has had complaints from individuals that they cannot get in touch with anyone to get a burn permit. She feels the citizens need to be able to get in touch with someone and that the fire department individuals need to return calls that are left and follow-up with the citizens on these requests.

Subject: Community Center Report – Mayor Bates reviewed a report for the months of June through August. Mayor Bates reported that Tito Rosario has been hired effective September 18, 2006 as the new Assistant Director at the Center.

Subject: School Crosswalk – Member Stephens stated that he would like to suggest a painted school crosswalk be considered at Tolle Court diagonally across to the school property with signs installed each direction. Member Stephens stated he still feels we need a crosswalk on Main Street as well. Motion made by Member Harris and seconded by Member Roberts to authorize the crosswalk diagonally at Tolle Court to the school property sidewalk as discussed. All members present voted “Yea”.

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: Request for Funds – Mayor Bates presented a request from Lance Minnis for funds to assist with Drennon Days. Attorney Brammell stated we cannot donate funds.

Subject: Closed Session – Motion made by Member Roberts and seconded by Member Harris to go into closed session to discuss the potential sale of property on West Owen Street and possible litigation as pertains to a former employee. All members present voted “Yea”.

Subject - Contracts for Sale of Property – It was reviewed that we have received three different real estate contracts for purchase of the lots on West Owen Street. Member Harris stated that because the deadline for the West Owen Street Project closure is December 31, 2006 and because selling all lots is a prerequisite to project closure, the benefit of selling all the lots at an average of $7,000 each exceeds the benefit of selling less than all lots at a higher per lot price. For this reason Member Harris moved that the City of Eminence accept the contract offer from Bobby G. Wood in the amount of $42,000.00 for Lot 69, Lot 64A, Lot 57, Tract 2 Consolidated, Tract 3 Consolidated and Lot 68 (165 West Owen Street - after purchase and removal of house). Motion seconded by Member Roberts. On a call of vote by Mayor Bates, voting “Yea” were Members Winburn, Ferguson, Stephens, Roberts and Harris. Abstaining due to a family connection was Member Laura Whitney.

Subject – Possible Purchase and Demolition of 165 West Owen Street – It was discussed that we may need to move forward on the purchase and demolition of 165 West Owen Street prior to next month’s meeting. Motion made by Member Stephens and seconded by Member Ferguson to authorize Mayor Bates to purchase 165 West Owen Street at the previously agreed upon amount and to solicit bids for demolition of the structure. All members present voted “Yea”.

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 9:24 p.m.

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