Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, November 12, 2007 at 6:15 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: Richard Thomas, Jr., Drane Stephens, Shawn Bright, Treva Browning, and Danny Meadows. Absent was Member George Armstrong.

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: Introduction/Grant Information – Christina Poole with Geoff Davis’s office was present to introduce herself to council and inform the City of areas her office can assist us with. Ms. Poole stated they provide e-notification on available grants, provide support letters on projects and grants, and provide review and critique of applications if requested. Their office also provides an e-newsletter on upcoming legislation, workshops, etc. They can also nominate students for the academy programs. Ms. Poole asked that the City please feel free to call upon their office for any needed information.

Subject: Sewer Problems - James Fowler of 408 Sulphur Avenue was present to state that he is still having sewer problems at his house and that the last rain created sewer backup onto his floor. He stated that Tim Fitzgerald came down and shut off the pumps to stop the problem from being any worse. Mr. Fowler stated that when we tied the new line into the pump station his problems started. He would like to have this new line removed and the flow sent somewhere else. Mr. Fowler stated they did not have the sewer odors until the line was tied in either. Mayor Petitt stated we have talked with our engineer about this area and will contact him again.

Subject: Minutes – The minutes of the previous regular session held on October 8, 2007 and the minutes of the special called session held on October 25, 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 Franchise – Michael Sweeten with Rumpke was present to address Council concerning some information contained in handouts from the October meeting from both his company and Industrial Disposal, both of which he felt contained incorrect information. He reviewed a letter he sent out to the Mayor and Council correcting this incorrect information and asked if council had any questions. He feels Rumpke answered all the questions and exceeded the bid requirements and that they are lower by $35,314.00 on the residential portion of the bid but cannot verify on the dumpster portion of the bids. He stated he does feel his company was slandered by some of the previous information in the handouts.

Mike Patterson with Industrial Disposal was present to address council concerning their bid for the garbage franchise. He stated they have provided good service to the City during the current franchise period and that they are lower by $59,597.00 overall with good references.

Subject: Garbage Franchise Ordinance – Attorney Brammell held the first reading of the garbage franchise ordinance awarding the contract to Industrial Disposal.

Subject: Proposed Ordinance Allowing Liquor by the Drink – Kay Bennett of 617 Mulberry Road was present to discuss the proposed ordinance allowing liquor by the drink. Ms. Bennett stated she has no personal issue with the Renaissance Faire or the council, but stated she does have a problem with allowing liquor by the drink. She stated she does not feel this will create economic growth or be a valuable asset to our community and that she feels that any business should be able to draw customers based upon their product or service instead of using liquor by the drink. She stated the ordinance indicates that allowing liquor by the drink “could” affect our economic growth not that it “would” affect our economic growth. She encouraged the council to vote “no” on liquor by the drink.

Jim Bennett of 617 Mulberry Pike stated he doesn’t understand why we need liquor by the drink when you can get all you want at the liquor stores. He also encouraged the council to vote “no” on liquor by the drink.

Tom Shroyer of 111 Shadyview Drive stated he feels we already have liquor available in the stores and that adding liquor by the drink is only “adding fuel to the fire”. He stated he does not feel this is just for the Renaissance Faire as has been stated and he can see this growing to include other businesses in the future. He encouraged council to vote “no” on liquor by the drink. He also stated if the council was not ready to vote tonight to take some time and see what the community wants.

Member Meadows stated there have been no alcohol related incidents at the Renaissance Faire as compared to some at our local Henry County Fair.

Member Stephens stated there is a renovation at Hometown Pizza which would allow them to sell liquor by the drink and to do Sunday sales. He stated he does not support this ordinance.

Ms. Bennett stated she is not against the Renaissance Festival, but is against alcohol by the drink.

Member Thomas stated it is his understanding that no alcohol will be sold during the Renaissance Festival and asked for confirmation of this. Mr. Frederick with the Renaissance Festival stated that this is correct and no liquor is to be sold during the festival.

Member Meadows stated the liquor by the drink request is for other events to be hosted at the Renaissance Faire’s future hotel and convention center.

Jim Bennett asked Mr. Frederick if his business can make it without liquor by the drink. Mr. Frederick stated yes they probably can but they will not be able to expand. He stated with the current economic climate they want to be prepared to get a part of the entertainment industry. They want to be able to get a catering license and provide a place for corporate events. They are trying to be diligent about the alcohol in general by agreeing not to sell liquor by the drink during the Renaissance Festival with it only to be sold during special events and that they are not opening a bar. Not having liquor by the drink would jeopardize some of their future contracts. Mr. Frederick stated they have been here three years and have kept their word on everything. They hosted a Halloween event with 882 people in attendance and will do other events as well.

Member Stephens stated this ordinance is not just for the Renaissance Faire but is for the community and it indicates a direction of moving to the future.

Mr. Frederick stated Shakertown recently passed an ordinance allowing liquor by the drink.

Member Meadows stated he would like for the full council to be present for the vote on this ordinance. Motion made by Member Stephens and seconded by Member Browning to postpone the second reading of this ordinance until the full council can be present for the vote. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Gas Franchise – Tom Shroyer was present to state that he does not feel we need to adopt a gas franchise as he does not see the need for one as there is no competition. He stated this would be a progressive tax as the bills go up each year and that many individuals are on a low fixed income which would create an additional burden on them.

Subject: Halloween Festival – Member Shawn Bright reported that the Halloween Festival was a great success. There were 882 people attending at the Renaissance Faire with great comments and the Trick or Treat on Main was also successful. Seventeen boxes of canned goods were donated to the Council of Churches with a letter being received by the City from Kevin Whitt thanking us for our assistance. A canned good was the admission price to the Faire location. Member Bright stated the food pantry is open at the Christian Church from 9:00 a.m. to noon on Monday through Friday. Also for information, the Harvest Community Church will be providing a Thanksgiving Dinner at the Community Center for anyone wishing to attend.

Member Bright stated that Light up Eminence will be held on December 1, 2007 with Santa scheduled to arrive at 6:00 p.m. on the Fire Truck. A small parade will accompany Santa. The tree has been replaced in the park with a blue spruce due to the generous donation of Joe Akers.

Member Bright stated he has been receiving numerous calls from bands wishing to participate in Music on Main next year.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council. Member Bright extended condolences to Officer Rankin on the death of his father.

Subject: Property Ordinance Enforcement Report – Major Kemper reported they worked two property ordinance violations this month.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activities with council. Mr. Smith stated that the Family Dollar Store water and sewer hookups are all installed with anticipated construction completion date being in February. Member Meadows asked about employee, Terry Carson. Mr. Smith stated he is back to work four hours a day right now with possible return to fulltime on December 1st.

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 that 75% of the 2007 property tax billing has been collected as of November 7, 2007.

Ms. Doane reported that she and Mayor Petitt are working with a group of individuals to try and get legislation changed that would set statutes of limitations on the number of years that insurance companies can request a refund and which require the use of an approved GIS system along with other possible changes. Member Stephens asked if anything has been done yet on the outstanding requests for refunds, especially the large one from United Healthcare. Clerk Doane stated we have had no response from most of the companies since Attorney Brammell sent his letter. Attorney Brammell stated that most of the companies feel we cannot ask for the information we ask for, but he feels we can and that it is the general consensus opinion throughout the state that we can ask for this. Clerk Doane stated that another concern with not getting this resolved is that the companies do continue to take credit on future returns with no valid proof they are entitled to take the credit.

Subject: First Quarter Budget Review – Clerk Doane briefly reviewed the first quarter budget comparison with council and asked each member to review at their leisure and get back with her or Robin to discuss any questions or concerns.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. He reported that two firemen installed the repeater which saved the department approximately $2,000.00. Member Meadows reviewed a request by the Department for line item changes within their budget which would allow them to purchase new gear and equipment for new firefighters. This request has already been approved by the Fire Board with a copy of their minutes attached hereto. Motion made by Member Meadows to authorize the Fire Department line item changes as reviewed and attached hereto. Motion seconded by Member Stephens. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Community Center Report – Mayor Petitt presented the October Community Center report to council showing a total of 142 fitness center uses and 736 open gym uses during the month.

Subject: Mayor’s Update – Mayor Petitt stated we need to decide on the employee Christmas party. Member Stephens stated he felt we should go back to Grigsby/Stiltz as it was really nice last year. Consensus of council to proceed with planning this based upon the availability of the caterer.

Mayor Petitt reported that the Family Dollar Store construction is up and running with the second week in February being scheduled for the completion date.

Mayor Petitt reported that he would like to get other businesses involved with Light up Eminence on December 1st.

Mayor Petitt stated that Ricky Doyle with Clean Sweep has discussed with him the need to increase his street sweeping fee from $100.00 to $150.00 every two weeks. This increase is needed due to increased fuel and salary expenses. Discussion held. Motion made by Member Meadows and seconded by Member Browning to authorize this increase and to pay Clean Sweep accordingly. On a call of vote by Clerk Doane, all members present voted “Yea”.

Mayor Petitt requested council permission for his wife, who has numerous years experience in the insurance industry, to be allowed to review the City’s insurance policies and meet with the Kentucky League of Cities, our current carrier, and any other interested parties when we get ready to bid and to do a comparison for us. She would be doing this free of charge. Consensus of council for Mrs. Petitt to be authorized to do this.

Mayor Petitt reported that the City Hall roof has some problems with one quote being received in the amount of $14,300.00 from Durable Slate to repair the problems. Mayor Petitt stated he has also asked for two other bids with no one showing up after agreeing to do so. Council in agreement that more estimates are needed.

Subject: Body Armor Program – Mayor Petitt reported that an amendment is needed to the Body Armor Agreement due to a price change in the ammunition. Making this change would allow us to utilize the entire funding amount for this line item. We would have to spend $90.00 from our own budget. Motion made by Member Meadows and seconded by Member Thomas to authorize Mayor Petitt to sign the amendment on behalf of the City to make this line item budget change within the Body Armor Agreement funding. 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 Meadows and seconded by Member Stephens to approve the warrants for payment as presented. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: New Office Configuration – Mayor Petitt reviewed with council a proposal to re-configure the front offices at City Hall to allow for more space and to also, based upon Homeland Security recommendations, allow for more protection for the employees. The total estimated expenditure is $5,528.19 with Clerk Doane stating we could use the money currently in the Water Works budget for exterior painting at City Hall which probably should not be done until the roof is fixed. The proposal would move the furniture with the addition of some new counter space and shelving. It would also include locking the second door with holes to be cut in the glass with shelves installed for convenience in writing of checks, etc. Member Meadows asked about the type of glass and requested that the recommended glass be determined with Homeland Security.

Member Stephens questioned why Richard Thomas was on the ballot for council member. Attorney Brammell stated that due to the timing of our vacancy it was required that Richard run on the ballot to fill the balance of the term of office.

Member Bright stated he has been receiving good comments from the citizens on the progress the City is making and that everyone is glad to have a fulltime Mayor.

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 7:48 p.m.

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