Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a special session on Thursday, September 6, 2007 at 6:00 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: Danny Meadows, Treva Browning, Shawn Bright, Drane Stephens, and Richard Thomas. Absent was Member George Armstrong. Other individuals present were Katie Jacewicz with the Henry County Local, Jerry Clark, Kevin Kemper, Shawn Allen, Attorney William Brammell and City Clerk Sandra Doane.

Prior to the special meeting a public hearing was held to discuss 2007/2008 property tax rates.

Subject: Property Tax Public Hearing - Mayor Petitt called the public hearing on the proposed 2007/2008 property tax rates to order at 6:00 p.m. Clerk Doane reviewed the proposed property tax rates. Clerk Doane recommended taking the 4% allowed rate on real property which would set the rate at .28 per $100 assessment but recommended keeping the personal rate the same as last year at .495 per $100 assessment and keeping the vehicle and watercraft rate at .266 per $100 assessment. Taking the 4% allowed real rate will lower the tax rate from .281 to .28 per $100 assessment.

Mayor Petitt asked for comments or questions. Mayor Petitt asked if any additional written or oral comments had been received from the public regarding the proposed tax rate. None had. Mayor Petitt stated he would proceed with other business of the special session and return to the public hearing should anyone else arrive.

Mayor Petitt suspended the public hearing and called the regular session to order at 6:10 p.m. with the same people as listed above in attendance.

Subject: Halloween Activities – Mayor Petitt stated that the Renaissance Faire would like to host a Halloween event along with the City for the community. They are proposing to provide the site, a blow-up castle, decorations, a haunted forest walk-through, a storyteller, crayons and paper, etc. They will have an open kitchen with food available for a nominal fee and will not have the pub open. There will be no gate charge with each family being asked to bring a canned good for the local food pantry. The driveway and the site will have lighting.

They are requesting that we provide pumpkins and a police presence during the event. Mayor Petitt stated Norm’s Grocery has already agreed to sell the City pumpkins at their cost. Last year the pumpkins were 50 cents each.

The requested date for the event is October 31, 2007. The Renaissance Faire will invite the merchants to participate with decorating and handing out of candy. Tentative times discussed were 5:00/7:00 or 6:00/8:00 p.m. Games and contests will also be held.

Member Meadows stated he would like for us to continue with the “Trick or Treat on Main” but stated he thought this was a good idea too. Other discussion held.

Mayor Petitt stated we would prepare flyers for distribution to all the schools in the county. Mayor Petitt stated that other agencies may participate as he has already had contact with the Care Team.

Consensus of council to hold the “Treat or Trick on Main” from 4:00 to 6:00 p.m.; to allow and participate in the Renaissance Faire event from 6:00 to 8:00 p.m. and to set the time for residential trick or treating from 6:00 to 8:00 p.m. all on October 31, 2007.

Subject: Ordinance Establishing an Ad Valorem Tax Rate for Abandoned/Blighted Urban Properties – Council discussed the proposed ad valorem tax ordinance for abandoned/blighted properties with a change made to include information on discounts and penalties. Attorney Brammell held the first reading of an Ordinance Establishing an Ad Valorem Tax Rate for Abandoned/Blighted Urban Properties.

Subject: Request for Waiver of Sewer Impact Fee – Shawn Allen was present to discuss his recent request for the City to waive his sewer impact fee for a home he is building on West Owen Street. Mr. Allen stated he feels that after talking with several of the council that his request for a waiver will not be approved due to the possible setting of a precedent. Mr. Allen stated he started his house in October of 2006 and that his contractor took $42,000.00 from him and did not do the work. Mr. Allen stated that he is having a really hard time trying to complete his home, pay rent where he lives, and pay the sub-contractors in order to keep them from filing liens on his property and that he would appreciate if the council could make some allowance to him by letting him make payments on the impact fee. Mr. Allen stated we have allowed other residents on West Owen Street to make payments on the connection and impact fees. Mr. Allen stated he feels other precedents have been set within the City, especially for West Owen Street. Mr. Allen stated he has pending litigation against his contractor and if settled in his favor he would be able to pay off the impact fee at that time. Council discussed Mr. Allen’s request. Motion made by Member Browning and seconded by Member Meadows to require Mr. Allen to pay the $500.00 connection fee up front but to allow Mr. Allen to pay $100.00 at month for 20 months on the basis of fulfilling the City’s original intent of the grant and the West Owen Street project to allow the homes and the area to be occupied by local individuals within the community. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Frances Kelly Request for Property – Mayor Petitt and Attorney Brammell discussed a request from Frances Kelly who lives at 354 East Broadway to have the City deed her the property behind her house which was previously shown on an old plat as a street to be dedicated to public use. The street runs behind all of the properties on East Broadway up to Vernon Avenue. Mayor Petitt suggested that we quit claim deed to her ½ of the width of the portion of the alley directly behind her property with us to maintain an easement. Council discussed the request and asked if other property owners on this street would be allowed to have a quit claim deed as well. Attorney Brammell stated to his knowledge and research no property owners own this property and that it was on an old plat as being dedicated to public use but no record has been found to indicate the City accepted the dedication. He further stated that if anyone has ownership it would be the heirs of the original subdivision. Attorney Brammell stated we could adopt an ordinance declaring the property as abandoned and let it revert back to the property owners but this would cost the City advertising costs. City Clerk Doane stated she could check the old minutes for dedication acceptance if there is a date on the subdivision plat. Attorney Brammell will get the date for Clerk Doane to check the old minutes prior to any paperwork being done. Motion made by Member Meadows and seconded by Member Thomas to quit claim deed ½ of any interest we might have in that portion of the previous street located behind Frances Kelley’s property on East Broadway to her with the City of Eminence to maintain an easement; all at no cost to the City. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Life Insurance Increase for Employees and Addition of Mayor/Council/Attorney to Plan – Mayor Petitt presented a request to increase the life insurance amount for City employees from $20,000.00 to $50,000.00 per employee. The cost to increase this is $5.10 per month per employee or $856.80 per year. Council asked how this request came about. Mayor Petitt stated he suggested it as he made comparisons to other businesses he felt it was a good benefit to offer and that we have enough money in the budget currently to increase this benefit. Mayor Petitt stated that the Mayor, Council and City Attorney could also purchase the same amount of insurance for $8.50 per month for themselves. Attorney Brammell stated we would need to review the current personnel policy to make sure we can make this change without an ordinance amendment. Discussion held. Motion made by Member Browning and seconded by Member Thomas to increase the employee’s life insurance from $20,000.00 to $50,000.00 pending no change needing to be made to the personnel policy and to allow the Mayor, Council, and Attorney to purchase the coverage if desired. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Property Tax Public Hearing – Mayor Petitt re-opened the public hearing and asked for any further comments regarding the proposed 2007/2008 tax rates. Mayor Petitt asked for further public comments or questions. Mayor Petitt asked if any additional written or oral comments had been received from the public regarding the proposed tax rate. None had. With no further comments or questions, Mayor Petitt closed the public hearing at 6:45 p.m.

Subject: Ad Valorem Tax Ordinance – Attorney Brammell held the second reading of the ad valorem tax ordinance setting the 2007/2008 rates at 28 cents per $100 assessment for real property, 49.50 cents per $100 assessment for personal property and 26.6 cents per $100 assessment for motor vehicles and watercrafts. Motion made by Member Meadows and seconded by Member Bright to adopt the ad valorem tax ordinance as read with the above tax rates. On a call of vote by Clerk Doane, all members present voted “Yea”.

With no further business to be discussed, motion made by Member Bright and seconded by Member Meadows to adjourn. All members present voted “Yea”. Meeting adjourned at 6:50 p.m.

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