Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, January 8, 2007 at 6:00 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: George Armstrong, III, Shawn Bright, Treva Browning, Kelly Mathis, Danny Meadows and Drane Stephens. Absent were none.

Mayor Petitt introduced the new administration and stated that we would be operating the meetings under parliamentary procedure and that individuals wishing to address the Council will need to be on the agenda prior to the meeting.

Subject: County Business Update – Magistrate Wayne Gunnell was present to update the council on various County business. Reported that he usually tries to attend our meeting every other month to update the council on County business and to get input from the Council, but is available anytime during the interim by phone or letter.

Mr. Gunnell presented the council with two pages from the county website that contained some basis information for their use. He stated that their minutes are posted monthly on the site and that they meet on the third Tuesday of every month at 6:00 p.m. in the upstairs of the courthouse. Please call ahead for inclusion on the agenda.

Mr. Gunnell reported that the County has purchased fifty acres of land on Highway 421 behind the current USDA office. The senior citizens will be locating their new building at this location. Some land has been sold to Cedar Lake Lodge, who will be building a small resident building on their property. Some of the land will be used for a future park for the County. It has been recommended to the Judge to get input from the City governments as the park is developed and to apply for grants together.

Mr. Gunnell reported that the fiscal court did approve the paramedic program to start effective April 1, 2007 with the chase car system. This would allow the paramedic to return to the station if the call does not warrant a need for paramedics, thus making them available for other runs. This is fully funded by Henry County government.

Mr. Gunnell reported that they have approved payment for two requested two-way radios for the Fire Department which are being paid for out of the E-911 Fund. They do require a letter in advance and probably 95% of the requests are approved.

Mr. Gunnell reported that the County has two new magistrates – Nick Hawkins and Guy Coombs.

Magistrate Gunnell recommended to the new Council to always think of “we” instead of “me” as they progress through the next two years and to always try and work together.

Member Stephens asked if recycling could be taken to the County seven days a week. Magistrate Gunnell stated that it could be taken to the County barn whenever the gate is open which is usually 24 hours/seven days a week.

Subject: Contract with Smithfield for Police Services – Even though not on this agenda, Mayor Petitt recognized Mayor Kenny Baker and Commissioner Les Bryant of Smithfield for discussion of the contract with Smithfield for police services. Mayor Petitt reported that he has instructed our Police Department that the only place they are to go out of town is to Smithfield, unless a life and death situation exists. Mayor Petitt stated that with us only having five officers currently it is probably costing Eminence approximately $30.00 per day or $900.00 per month if the employee is on overtime to provide this service to Smithfield and that it is probably not feasible for us to provide this service at all to Smithfield when you add in other items such as benefits, vehicle maintenance, gas, etc. We currently receive $700.00 per quarter from Smithfield to provide this service.

Mayor Baker stated that Smithfield is appreciative of our providing this service and hopes that we can continue to assist them in some way.

Member Mathis stated she doesn’t remember the contract saying we have to go twice a day every day. Member Petitt stated he has reviewed the contract and it does call for twice a day every day for a fifteen minute minimum and a sixty minute maximum.

Member Meadows asked if the sheriff’s department patrols in Smithfield. Mayor Baker stated that usually they do not.

Member Bright questioned how this is affecting our own department. Carey Duncan stated that it is hard to schedule and may create an on-call use of our police which would definitely put this into overtime. Member Browning asked if this was the case even when we are full staffed. Carey Duncan stated that yes it is still a problem.

Member Meadows asked what plans Smithfield has for taking care of their needs if we discontinue the contract. Mayor Baker stated he is not sure, but is planning on talking with the new sheriff to get assistance. Member Mathis asked what is the minimum times a week Smithfield could get by with. Mayor Baker stated twice a week but they would appreciate whatever they can get.

A lengthy discussion followed including the possible huge cost to the City of Eminence should a serious incident occur in Smithfield and the possible lack of coverage for citizens of Eminence while an officer is in Smithfield, even though some shifts do overlap. Attorney Brammell advised we will need an amendment to the contract if we wish to make any current changes and that we must leave the contract as it is currently written until that time. Attorney Brammell pointed out that our current contract requires a thirty day notice for termination of the contract by either party.

Motion made by Member Armstrong to give notice of termination of the current contract between the City of Eminence and the City of Smithfield to provide police services with effective termination date to be thirty days from January 8th (February 7, 2007) and to consider revising the contract after Smithfield has an opportunity to review their other options. Motion seconded by Member Bright. City Clerk Doane called the roll for vote with all members present voting “Yea”.

Subject: Minutes – The minutes of the previous regular session held on December 11, 2006 and the minutes of the previous special called sessions held on December 19, 2006, December 21, 2006 and December 27, 2006 were reviewed. Motion made by Member Bright and seconded by Member Meadows to approve the minutes as presented. On a call of vote by Clerk Doane, all members present voted ‘Yea”.

Subject: West Owen Street – In the absence of project manager Kriss Lowry, Mayor Petitt reported that the balance in funds for this project is $6,051.97. Mayor Petitt reported that we have requested another six months extension to June 30, 2007 to get the project completed. The only remaining work to be completed is the blacktopping beyond the curve on West Owen Street which will be done in the spring. We are anticipating spending the entire balance of the funds on West Owen Street. If this is not done a revolving fund will have to be set up.

Subject: Police Department Report – Acting Chief Carey Duncan reviewed the monthly activity report with council. No written report was available. Member Mathis asked if a written report could be given from now on.

Subject: Property Ordinance Enforcement Report – Police Detective Kevin Kemper reported on the property ordinance enforcement. Detective Kemper stated he started working on the sign at Shell on August 18, 2006 with a letter being sent on September 5, 2006. After receipt of the letter by the company he was told it would take six weeks to get the sign ordered and installed. He feels that perhaps the sign was never ordered. Detective Kemper stated he has filed a criminal complaint on Shell with a February court date having been set to hear the case. Member Mathis requested that the council receive copies of all letters sent each month along with a written report. Acting Chief Duncan stated he has a separate log for ordinance violations. Member Stephens stated he wants action taken on the Koenigstein house on King Street. Mayor Petitt stated that it is his intention for us to start in the downtown area and move outward throughout the community. Other properties which need work were discussed.

Member Bright asked about the “gang” which was referenced in last months’ minutes and questioned if Acting Chief Duncan as aware of the problem. Acting Chief Duncan stated that he was and that it is being investigated. Member Stephens stated he knows they are active on the internet in drug sales.

Subject: Public Works Department Report – Public Works Director William Smith, was present and had no report. Mr. Smith stated they have been working on normal day to day activities.

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 stated that as of January 5, 2007 we have collected approximately 84.9% of the total 2006 property tax billing. Ms. Doane reported that the audit for fiscal year ending 6-30-06 is complete and has been reviewed by Mayor Petitt and previous Mayor Bates. Member Bright asked if we received the money for the damaged equipment on the cruiser. Ms. Doane replied that we had received the money and that to her knowledge the entire claim on the cruiser is complete.

Subject: Fire Department Report – Fire Chief Gary Lucas was present and reviewed the December and yearly report totals with council which showed 85 total runs for 2006 with 37 being actual fires, 29 being accidents and 20 other for a total of 550 man hours. No written report was available. Chief Lucas stated that he will be doing a new report next month. Chief Lucas also stated that a lot of time goes into the Department which is not even listed on his monthly report such as reviewing and granting fire permits, etc. Member Mathis requested a written report in the future. Member Bright stated he appreciates all the department does for the City, both in the past and in the future. Chief Lucas stated that the Chief’s Association meets bi-monthly and that they have an interlocal agreement which requires other trucks (or departments) to be here if we are on a run to allow for coverage. Seven days a week when a call goes out for service, all departments in the County are dispatched so that resources can be pulled together.

Subject: Community Center Report – Brian Raisor reviewed the December Community Center activity report with council which included 198 using the fitness room and 1,102 using the gym. Brian reported that the yearly total income for the fitness center was $3,473.00. They currently charge $1.00 per day or $10.00 per month for an individual; $12.00 per month for a couple; and 15.00 per month for a family. You must be fifteen years old to use the equipment. They are into their fourth year of grant funding with a budget of only $97,000.00.

Subject: Mayor’s Update – Mayor Petitt reported that he would like to address drainage issues in the City and requested permission to get copies of sample ordinances from KLC or other communities. Member Mathis asked if this was for us to do or for others to do. Mayor Petitt stated it would cover both the community and the City. Consensus of council for Mayor Petitt to proceed with getting sample ordinances. Mayor Pettit appointed a committee of Kelly Mathis, Shawn Bright, Attorney Brammell and himself to work on this ordinance.

Mayor Petitt reported that Major Ricky Simmons retired effective December 31, 2006. Mayor Petitt thanked Major Simmons for his years of service.

Mayor Petitt reported that Chief Mount Hadden resigned effective January 1, 2007 and Main Street Director Jennifer Watson resigned effective December 31, 2006. Mayor Petitt thanked each of them for their service.

Mayor Petitt reported that the Main Street certification is due on January 31, 2007 if we wish to continue in the program. Member Mathis stated she thought we had to have someone on staff prior to applying for this certification. It was stated that there is probably an interim period. Various discussion held including that this position also assisted other departments during slack time with the Main Street program. Member Mathis stated she feels a lot of people who call about our City want a Main Street program and she feels it is important and we took a lot of time to get where we are now and she feels we need to continue with the program. She also stated she feels we need to educate people on the program and suggested that someone from the state come down to review the entire program with the council. Consensus of council to proceed with the certification, but to bring more information back to the council.

Mayor Petitt reviewed a land and water grant which is due March 1, 2007. Mayor Petitt requested permission to contact pool contractors to get an analysis of the entire pool area. Consensus of council for Mayor Petitt to proceed.

Mayor Petitt stated that he has come across several old computers within the City and would like permission to give them to the Community Center after all pertinent information is deleted from the hard drive. Attorney Brammell stated that we should retain ownership of the computers. Motion made by Member Meadows to provide these old computers, which are owned by the City, to the community Center for their use after all City information is deleted from the hard drive. Member Browning seconded by motion. On a call of vote by Clerk Doane, all members present voted “Yea”.

Mayor Petitt reported that he has promoted Carey Duncan to the position of Police Chief and has promoted Kevin Kemper to the position of Major, both effective January 7, 2007.

Mayor Petitt reported that we have two new officers, Mike McKee and Chris Sramek and are anticipating hiring another officer, Phillip Parham, on January 16th. All the new officers will be asked to attend a council meeting in the near future so that they can be introduced.

Mayor Petitt reported that each council member is required to fill out a financial interests statement by January 31st.

Mayor Petitt reported on the bulk oil plant on West Owen Street. Mayor Petitt reported that he has spoken with the EPA office on January 3rd and that it is too muddy to sample as the ground has to have no rain for at least ten days for a good sample to be obtained. They require split sampling by the contractor and EPA.

Subject: Meeting Time Change – Discussion was held on changing the meeting time from 6:00 p.m. to 7:00 p.m. Member Stephens stated he had brought this up as he works until 6:00 p.m. and cannot get here at 6:00 p.m. most meeting days. Attorney Brammell stated that when the records were reviewed they show only a motion being made and no ordinance being done the last time we made a change. Attorney Brammell suggested a first reading either way to clean this up. After much discussion, motion made by Member Bright and seconded by Member Mathis to change the regular council meeting time from 6:00 p.m. to 6:15 p.m. on the second Monday of each month. On a call of vote by Clerk Doane, all members present voted “Yea”. Attorney Brammell held the first reading of an ordinance setting the time as discussed above.

Subject: Code of Ordinances – Attorney Brammell held the first reading of an ordinance adopting the code of ordinances as recently updated by American Legal Publishing Company.

Subject: Audit for Fiscal Year Ending 6-30-06 – Mayor Petitt reported that he met, in conjunction with previous Mayor Bates and the auditors to review the audit for the fiscal year ending June 30, 2006 and we received a good report with no findings. Mayor Petitt stated that each member should review their copy of the audit and let us know if they have any questions. Mayor Petitt reported that we are still waiting on the Fire Department to produce the records necessary to perform an audit on them as previously voted on by the council.

Subject: Land and Water Grant – Mayor Petitt requested permission to start the paperwork on a land and water grant for the pool area. The application is due March 1, 2007. Consensus of council for Mayor Petitt to proceed.

Subject: Dogs – Member Stephens stated he has agreed to assist the Humane Society with getting the word out on dog licensing. He doesn’t believe people know that this is still required. The Humane Society does plan to start enforcing this and fining people $100 per dog who do not have their dogs licensed. Don Buckler is the enforcement officer. The licenses can be purchased at the humane society for $5.00 for a spayed or neutered dog. It was suggested to put the information on this on our website to assist with getting the word out. The City currently has only a leash law for dogs.

Subject: Alley Cat Allies – Member Drane Stephens reported that he has contacted an organization called “Alley Cat Allies” to see what assistance we could receive to deal with the stray cats in town. According to the information he has received they will come and get the cats, spay or neuter them and then return them to the community. This will eventually reduce the number of cats. He has been unable to obtain the information as pertains to the cost involved and who would be expected to pay for the service. Discussion held including why the Humane Society does not take care of cats as well as dogs. It was noted that the contract between the County and the Humane Society only includes dealing with dogs. Council in agreement for Member Stephens to proceed with gathering more information on this organization.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Bright and seconded by Member Meadows to approve the warrants for payment as presented. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: COPS Grant – Member Bright stated he wanted to talk about the COPS Grant and how the new arrangement is working out. School Board Member Brenda Chism asked for an explanation of what we were doing. Chief Duncan explained that we are currently only sending an officer to the school during all the lunch times and during morning and afternoon traffic. Superintendent Aldridge stated that we need to get an officer at the school all day soon. He is okay with doing this during the interim as they do have cameras up and running now. Member Browning asked if he felt it was better to change the officers out intermittently or to leave one specific officer at the school. Mr. Aldridge stated he feels it does take a lot of time for the students to bond with the officer so he feels one is better but that he does see the other side as well. Mr. Aldridge stated he hates losing Major Simmons as the students felt really comfortable with him. Member Mathis asked if the school can see the benefits of this program. Mr. Aldridge stated yes but he has only been on the job six months, but has been told it is much better now. Academics have increased. Major Simmons has been able to take care of problems in the cafeteria. Member Mathis stated she is sad to see Major Simmons retire as she feels the school is a very big part of our community. Member Bright asked if an officer is going to be put back in the school. Mayor Petitt stated that an officer will be put back in the school as soon as we can get up to full staff.

Subject: Seatbelt Law – Citizen Brenda Chism stated she has a concern with people still not wearing their seatbelt and wandered if we could enforce this more diligently during school traffic. Chief Duncan stated it is a law now with full citations being given and that he has put together some pencils and literature for the students. Major Kemper stated that the log books have been turned in which show approximately 600 stops between July 12, 2006 and December 31, 2006 where seatbelt warnings were given. Member Mathis asked if a program could be given on this new law. Ms. Chism suggested that officer there at lunch could perhaps do this. Presentation of a program will be looked into.

Subject: Tennis Courts – Member Stephens asked if any plans are underway for repairs to the tennis courts. Mayor Petitt stated the repairs will be included in the land and water grant application.

With no further business to be discussed, motion made by Member Meadows and seconded by Member Stephens to adjourn. On a call of vote by Clerk Doane, all members present voted “Yea”. Meeting adjourned at 7:58 p.m.

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