Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, October 8, 2007 at 6:15 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: George Armstrong, III, Richard Thomas, Jr., Shawn Bright, Treva Browning, and Danny Meadows. Absent was Member Drane Stephens.

Mayor Petitt called the meeting to order at 6:15 p.m. Mayor Petitt reminded individuals present that they must be on the agenda in order to speak.

Subject: Request for Paving Reimbursement - Leon Leonard of 3055 Eminence Road was present to request that the City reimburse him for 20% of his initial paving costs for his entrance road; agree to 20% of the cost of all future sealing; and to request that the City also fully maintain the gravel portion from the existing paved portion to the point where our meter reader turns around each day. Mr. Leonard stated his reason for asking for this was due to us using his road seven days a week, three hundred and sixty-five days a year; which according to Mr. Leonard is more than he uses it. Mr. Leonard stated that he does not intend to initiate any litigation on this but feels this is a reasonable request due to our daily usage versus what he understood to be from time to time. Council inquired why we had to use his road. William Smith, Public Works Director, stated that when we hooked into Henry County Water District No.2 for water we installed the master meter at the connection point which requires daily reading. We also maintained our easement when we sold the property since the water connection and mains are located on this property. Member Browning asked if Henry County Water District accessed their mains and meters through this road as well. Mr. Smith stated, yes but not as much. Member Bright asked how much money and footage are we talking about. Mr. Leonard stated it is approximately 700 feet and it cost him $8,400.00 for the blacktopping alone. Mayor Petitt inquired why Mr. Leonard decided to pave the road. Mr. Leonard stated he prefers to drive on paving and also the gravel washes out badly.

Attorney Brammell stated that the easement does have additional language other than usage from time to time. Attorney Brammell read “retained by City of Eminence along with this easement and right of way is the full right of ingress and egress across property of the grantee, his heirs and assigns”.

Subject: Sewer Odor Complaint – James Fowler of 408 Sulphur Avenue was present to discuss with council ongoing sewer odor problems in his area. Mr. Fowler presented the Mayor and Council with a petition from residents on Sulphur Avenue, who live between Warrior Place and Jackson Road, requesting that the City do something about the sewer gas smells they have endured for the past six months. Mr. Fowler suggested gas vents be put on the lines. Public Works Director William Smith stated that he has inspected the area and has found no blockages or gases in the manholes. He also has smoke tested the lines and found residential leaks in many of the houses. The lowness of the area does create a problem when no air is moving. The dry summer and lack of rain is also a contributing factor. Mr. Smith stated he can put deodorant in the manholes which will help some. Mr. Fowler stated he has lived there for 13 years and this has been a problem off and on that entire time. In his opinion, no gas vents should be in the houses for this reason. Attorney Brammell stated that another community has had the same problem and had engineers look into this with the result being ruled that low flow was the cause. Motion made by Member Meadows and seconded by Member Thomas to authorize our engineer, Dave Derrick, to evaluate the area and report back to the City on his findings. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Gas & Electric Franchise – Jan Coleman and Alan Mattingly with EON, U.S. were present to discuss gas and electric franchises. It was explained that we currently have an electric franchise with them at 3% which is paid to the city within 60 days after the end of the quarter. This is a 20 year franchise which expires in 2014. The addition of a gas franchise is possible since according to their records the City did a one time payment franchise option 20 years ago which expired in 2002. There are three ways to set up a franchise – (1). An assessment which is passed onto the customers bills; (2). Payment based on the class of City by the Company with ours being $300.00 annually for 20 years; or (3) a one time payment of $1,872.00 by the company. Mayor Petitt stated that previously when he checked we have 1,236 customers on Kentucky Utilities and 806 customers on Louisville Gas & Electric. If we decide to consider a gas franchise we would need to do so by ordinance and offer the franchise for sale. No action taken.

Subject: Renaissance Festival Expansion Plans – Ed Frederick with the Highland Renaissance Festival was present to discuss with council expansion plans for the site. They are planning to utilize more of the land they have leased with new venues, buildings, etc. They had a great Celtic Fest recently and an eight week faire this summer with no police problems at all. They are proposing a 15-20 room hotel with a restaurant and reception area and in order to make this work they need revenue. This would allow them to hold corporate events and provide another dining source for the community. They are planning a mystery dinner soon and plan a dinner with Charles Dickens in December. They are enclosing the building so that these types of events can be held regardless of the weather. They would like to have a catering/alcohol license so they can hold corporate events. Liquor sales by the drink are needed in order to get the business. In order to have liquor sales by the drink a restaurant would have to have 100 seats or more. It is eleven miles to the closest hotel and the community lost business this summer since they had to send people interested in staying over night to Shelbyville or LaGrange. We need a draw and a place for people to stay. Member Armstrong asked what the timeframe on the hotel would be. Mr. Frederick stated it would be between three to five years. He is also planning a convention center in the future. Mr. Frederick stated that no liquor would be sold during the faire and would only be sold at special events or catering. Mayor Petitt stated this is already being done in Oldham and Shelby Counties and also at Bardstown and that he feels this is a great idea. Mr. Fowler asked if the license would need to be per capita. Attorney Brammell stated no. Mr. Frederick stated the license would require 100 seating capacity for the restaurant or 50 sleeping rooms which would mean taverns would not qualify. Mayor Petitt asked if Council had any objections to a first reading of an ordinance adopting liquor sales by the drink. Mayor Petitt stated the ordinance also includes the STAR training requirement for all employees who work in establishments that sell alcohol or beer. Member Bright stated he has a slight concern with not being able to specify in the ordinance that no liquor sales by the drink would occur during the Renaissance Faire but had not objections to a first reading of the ordinance. Attorney Brammell held the first reading of an ordinance amending the ordinance regulating the sale of alcohol by the drink and allowing liquor sales by the drink.

Subject: Minutes – The minutes of the previous regular session held on September 10, 2007 were reviewed. Mayor Petitt asked for any additions or changes to the minutes and with none forthcoming, stated they would stand approved as presented.

Subject: Garbage Bids Review – Mayor Petitt stated that the second bids have been received and opened for the garbage franchise. Representatives from both companies bidding were present and Mayor Petitt asked each of them to address their bids to council.

Michael Sweeten with Rumpke introduced himself and pointed out that based upon his calculations going with them would save the City a considerable about of money over the life of the contact with the residential savings amounting to $164,000.00. Mayor Petitt stated he had contacted Mr. Sweeten after the bid opening to determine their price for second or extra carts for the commercial pickups with them declining to quote a price. Our resolution states we will not allow commercial cart pickup over two carts without approval and that we will be requiring a dumpster. We will require all current dumpster contracts to be void after one year with the current carriers. Mr. Sweeten stated Article 18 of our Resolution stated we can negotiate with the successful bidder.

Mike Patterson with Industrial Disposal introduced himself and stated that even though they don’t appear to be the low bidder, in overall service and providing of carts they are still the best choice. They do not want to fall back on the resolution and want everything to be up front. Mr. Patterson stated he drove the streets before the meeting and that most every resident has two carts, which cost his company around $45.00 each. He pointed out that they are lower on the commercial pickups and are lower by $95,328.00 on the dumpster service. There recycling is also, in his opinion, better due to them providing a 65 gallon container versus Rumpke’s 18 gallon container.

Consensus of council to postpone awarding the bid until both bids can be studied in-depth.

Subject: Halloween Festival – Member Shawn Bright reported that the Halloween Festival is progressing. It will be held on October 31 from 6:00 to 8:00 p.m. at the Renaissance Faire. The first 200 people will be provided with food with each family being asked to bring a canned good for admission to be given to a local food pantry. Various fun activities including trick or treating will be held. Member Bright stated we are being asked to provide $100.00 for a bouncy; $150.00 for pumpkins; $100.00 for food and $100.00 for candy. Vendors will set up and this will be advertised. We will also be doing fliers to all the schools in the area. Motion made by Member Meadows and seconded by Member Browning to authorize spending up to $600.00 toward this festival and Trick or Treat on Main.

Trick or Treat on Main will be held on October 31 from 4:00 to 6:00 p.m. with residential trick or treating to be from 6:00 to 8:00.

Subject: Police Department Report – The monthly activity report was reviewed with council.

Subject: Property Ordinance Enforcement Report – Major Kemper reported that only one new property ordinance complaint was addressed this month.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activities with council. Mr. Smith reported that we have received word from the Division of Water approving our request for an increased capacity with the limits to remain the same for our sewer plant. We now need to convince them to allow us to use an alternative treatment to achieve this increase. Mayor Petitt stated Senator Ernie Harris has been a big help on getting this approval. Mr. Smith stated we had to repair the backhoe again. Member Thomas stated he understood that Rick Rynes had commented that he did not want the City’s business and questioned why we took the backhoe back there for repairs. Council stated they would like to see our business spread to other businesses in town. Member Bright thanked Mr. Smith for taking care of some extra work at the Dollar Store location.

Subject: Kevin Whitt Water/Sewer Bill – Kevin Whitt was present to discuss with council a water and sewer bill he received in the amount of $1,097.00 showing 117,260 gallons of water being used. Mr. Whitt reported his average bill is around $67.00 and that he has had no leaks with his only conclusion being that someone may have hooked up to his outside faucet during his absence and used the water. He has purchased a lock for his outside faucet. Public Works Director Smith stated they checked Mr. Whitt’s meter three days in a row for leaks and to confirm the reading. Consensus of council to allow Mr. Whitt an adjustment using the normal leak adjustment formula which would bring Mr. Whitt’s bill down to $415.15 and to allow him up to six months to pay the bill with no penalties.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Ms. Doane reported on various receipts to date including an unanticipated receipt from the State for health insurance subsidy per H.B. 380 in the amount of $6,569.00. Ms. Doane reported that the 2007 property taxes have been mailed with approximately $13,000.00 already having been collected.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. Reported they are in the process of removing the equipment from the old ambulance so it can be sold by the City. We may have to transfer it into the City’s name from the Fire Department’s name. Clerk Doane will check into the transfer procedure.

Subject: Community Center Report – Mayor Petitt presented the September Community Center report to council showing a total of 454 using the center during the month.

Subject: Mayor’s Update – Mayor Petitt reported that he has been approached by Sarah Embry about an interest in grant writing for the City. He gave her a packet of information she requested but has not heard back from her. Her services would be no charge except with a grant administration award amount.

Mayor Petitt reported that lot preparation work on the Family Dollar Store is now underway with the building permit from Frankfort showing the building due on October 12, 2007.

Mayor Petitt reported he would like to hold Light up Eminence on December 1st which would coincide with Cook’s Pharmacy’s festivities. He has new decorations with garland for the new street light poles with us having one week to get them up after Thanksgiving.

Mayor Petitt reported that the State Fire Marshal visited the City and inspected four commercial buildings. The report of findings were written up on each and give to Chief Duncan for delivery with the individuals having 60 days to comply to the state on fixing the buildings.

Mayor Petitt reported that after the articles appeared in the paper about the parade, he checked with the State Transportation Cabinet on their protocol. The state requires a permit for a parade on a state road with thirty days notice. No one contacted him or City Hall about a parade even though the Police Department was contacted. We will be requiring an additional two weeks notice prior to the 30 days notice as the permit request needs to come from the City. We are required to offer a detour route to traffic and cannot stop traffic on a state highway. Member Meadows stated he feels we must keep the same route we have always used for parades with no changes, which was part of the problem with the last parade. It was noted that the route was changed by the school and not the City or Police Department. Chief Duncan stated there would be a letter going to school officials regarding the correct procedures and communications needed to the Police resources as pertains to future parades. Member Meadows asked that the information also be shared with the Churches. Mayor Petitt stated that we also must get signed waivers of liability from anyone riding on the fire trucks or other city vehicles.

Mayor Petitt reported that he has initiated a self-help pool project as no money is available to get the pool open. He currently has four individuals who have agreed to assist with the pool renovation including a plumber, concrete contractor, general contractor, and fund-raising person. These individuals however want to know the City is behind them 100% before they start any work. Council will also need to assist with donations, time, support, and labor. Member Meadows asked about the funds to operate after we get it up and running. Mayor Petitt stated he would pledge the first $1,000.00 toward the pool renovation and operations. Member Armstrong stated the community must get involved on this project if they want the pool open. Smithfield Mayor Baker stated they would be interested in assisting us as well.

Mayor Petitt stated that the Shelby County Industrial Board has invited him to attend a meeting with CEO Bobby Hudson. They currently have 65 businesses and are no longer a bedroom community and would be willing to assist us with getting some businesses to locate here.

Mayor Petitt stated we need to develop a city plan with priorities for two, five and ten years. This will allow us to be pro-active with good growth.

Subject: Vacant Property Review Commission - Mayor Petitt presented the names of Rose Ann Martin, Bob McGee and Kevin Whitt as his recommendations to serve on the City’s Vacant Property Review Commission. Motion made by Member Meadows and seconded by Member Thomas to approve Rose Ann Martin, Bob McGee, and Kevin Whitt as presented to serve on the Vacant Property Review Commission Board. On a call of vote by Clerk Doane, all members present voted “Yea”. This Board will also be charged with assisting the Police Department with the current property ordinance as well as the new blighted and abandoned tax ordinance.

Subject: Project Prom Donation Request - A request for a donation for Project Prom was reviewed. Attorney Brammell stated it is the best practice not to donate unless it benefits the majority of the citizens. As this does benefit Eminence citizens, he would prefer we purchase items rather than make a monetary donation if Council desires to participate. Motion made by Member Meadows and seconded by Member Armstrong to purchase something for Eminence Project Prom in the amount of $100.00. On a call of vote by Clerk Doane, all members present voted “Yea”.

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

Member Bright stated that he has received complaints that several no parking signs cannot be read. He also would like for us to paint the crosswalk behind the school.

Mayor Petitt stated he would hear brief public comments since a large crowd was present.

Joe Lawson of West Owen Street stated he would like to commend the Police Chief on the good job he is doing and also the Mayor and Council for their good work and hopes that they will continue to do good.

Shawn Allen of West Owen Street stated he would also like to commend the Chief for his outstanding job. He would like to address some concerns on West Owen Street including the need for a speed limit change from 25 mph to 15 mph; the need for assistance in setting up a neighborhood watch; and continued assistance with a safety and possible illegal activity at the end of the street. Mayor Petitt stated we can take care of the sign. Chief Duncan stated he can assist with an alternate neighborhood watch program and that he will increase the night shift patrolling of the street.

James Fowler of Sulphur Avenue stated they are having numerous problems with speeding on his street as well.

Alberta Beach of West Owen Street stated the residents of that street are still having problems seeing how to get out of their street and when they ask the individuals blocking the view to move they refuse but by the time the police get there they have moved. Mayor Petitt stated we are working on this concern.

Neshia Allen of West Owen Street asked what they can do as residents when the business owner is belligerent. Mr. Fowler stated he has heard one of the employees tell the customers not to park there.

Discussion held about changing the sign and stripping up to the sign. Joe Wright of West Owen Street stated this probably would not help. Public Works Director Smith asked if we could even do this since the state controls what happens on their right of way. Chief Duncan stated that Mr. Rynes had stated he wants the stripping done.

Helen Moore of Sulphur Avenue stated that since Rick Rynes made the remark that he does not want the City’s business that she would take that to mean the entire City business. Chief Duncan stated the police department was doing their job when the statement was made and he rejected the current business of the police department. Helen again stated she feels it means the entire City and if he refused the business why are we still using them when we can go to Robinson’s or Webster’s. Public Works Director Smith stated that Robinson’s has refused to do the work on the backhoe and that we do take work to them when we have it. Mr. Smith stated he can load up the backhoe and take it to Louisville the next time if that’s what the City wants him to do. Motion made by Member Thomas and seconded by Member Armstrong that all City work be distributed throughout the businesses in town. On a call of vote by Clerk Doane, all members present voted “Yea”.

Shawn Allen of West Owen Street stated that he has spoken with Public Works Director Smith concerning storm sewers and drainage concerns on their street with no resolution to the problem. He suggested that if the residents could purchase the materials could the City do the work. Mayor stated he would hate to see the newly paved street torn up to do this. Member Meadows asked if we could go onto private property anyway. Attorney Brammell stated that we can if a generalized problem is being fixed and if it is in the right of way. Mayor Petitt stated we also have this same problem on Merriweather Avenue. Mr. Smith will review the problem and make a recommendation to council.

Subject: Closed Session - Motion made by Member Meadows and seconded by Member Armstrong to go into closed session to discuss possible litigation. On a call of vote by Clerk Doane, all members present voted “Yea”. Closed session commenced at 9:00 p.m.

With no further business to be discussed, motion made by Member Meadows and seconded by Member Bright to adjourn. All members present voted “Yea”. Meeting adjourned at 9:18 p.m.

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