Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, February 12, 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 asked that the pledge of allegiance be said and afterwards asked for a moment of silence for our country.

Mayor Petitt reviewed the meeting protocol with the public which requires an individual to be on the agenda prior to addressing the council.

Subject: County Business – Magistrate Wayne Gunnell reviewed the recent purchase of land for a County park. Magistrate Gunnell reported that he has appointed Leeroy Winburn to serve as District I representative on a park planning committee. The first meeting is tonight at 7:00 p.m. They will be applying for state and federal grants to assist with developing the park.

Subject: EMS Update – Scott McClamroch reviewed the history of the emergency medical service within the County. Mr. McClamroch stated that prior to 1997 our county was served by all volunteers with us going to a twelve hour paid from 6:00 a.m. to 6:00 p.m. six days a week in 1997. In 2005 we went to a twenty-four hour paid service and in 2006 were able to break even financially. The service has worked with basic life support (emergency medical technicians) only up until November of 2006 when we were approved to go to advanced life support effective April 1, 2007. We will also be twenty-four hours a day seven days a week. The advanced life support will allow us to have a paramedic in a response vehicle. As we have a large County to cover, it was decided to do a paramedic in a response vehicle rather than having them ride in the ambulance and keep them tied up on a possible non-emergency run. We have one paramedic hired so far. Volunteers are still needed to cover other runs and are still very important to our overall service. Mr. McClamroch stated he appreciates the police and fire support when they have a run in Eminence. Member Mathis thanked the County for proceeding with the advanced life support system.

Subject: Smithfield Contract for Police Services – Mayor Kenny Baker reported on the meeting held with Mayor Petitt, Chief Duncan, some of his council and himself concerning the police services contract with Smithfield. He is okay with the final proposal and discontinuance of the contract. Mayor Baker reported they have received excellent service from our police department during the thirty day notice period of ending the contract and wants to thank the City of Eminence for our help. Chief Duncan stated that even though we do not have a contract with Smithfield we would respond to an emergency call to stabilize the situation until the appropriate official arrives on the scene to assume control.

Subject: Request to Purchase Property – Harold Chisholm who lives at 99 Hillcrest Drive was present to request permission to purchase a piece of property from the City which is adjacent to his property and is known as our pool/park property. The amount being requested is twelve feet wide by two hundred twenty-four feet in length. This purchase would increase his lot and give him a little more buffer from our proposed trail project. He has measured this off and will put up pegs marking his request. Member Bright asked Mr. Chisholm if he still wanted to purchase this property even if we do not get the park grant. Mr. Chisholm stated that he did want to purchase this either way if the City is willing to sell to him. Consensus to table this request until all the council can go up and review the proposed area being requested for purchase. Council was asked to review prior to next month’s meeting.

Subject: Main Street Program – Becky Gorman and Roger Stapleton with Kentucky Heritage Council and our former Main Street Director Jennifer Watson were present to review the Main Street program with council. Jennifer Watson addressed council and asked if they had any questions from the information packet she sent out. Ms. Watson explained that this is not just a grant-writing position; however there is some money available right now. The job involves working with the community, businesses, other counties and cities. She had been working with the New Castle Director on a proposed bicycle/foot path to connect the two cities. She stated she would like to see us continue the program and that she feels no City has ever lost being a Main Street city. She stated that being a Main Street City also provides free advertising and benefits to the City. Ms. Watson stated we need to take our program to the next level but we must have the total support of the government and also a director we can support.

Roger Stapleton stated this is an incremental program and a huge investment in our community with us being in transition right now with a new administration. He stated he does feel that additional funds will be forthcoming; however money is tight right now. He challenged the City to stay in the program and continue with our basic form of recycling of our old buildings and to stay in the network. There are approximately eighty cities currently in the program of one hundred cities previously in the program.

Becky Gorman reviewed the funds which the City has received based upon our involvement with this program. Per her records, we received $815,000.00 in streetscape funds and $62,000.00 in professional fees between 2002 and 2004. We also received $10,500.00 in façade grants in 2004. The program also assisted with the pool hall donation/sale and replacement of the roof on the Kevin Harris building after the tornado. The Main Street program is about public/private partnerships. Ms. Gorman stated this is a long-term commitment with funding opportunities down the road. Council asked who received the grants the last three years. It was responded that different sizes of cities.

Member Meadows asked about the grant which is now available. It was explained that this is a $75,000.00 grant through the Department of Local Government. Ms. Watson reported that last year we applied for funds to purchase a train car for a welcome center along with benches, etc. We were turned down with one of the factors being that our project had too many components. She also checked on why we were turned down two years in a row on our TE-21 grant applications and found out that the state records showed our previous project was not closed out. This supposedly been corrected on the state’s records.

Mr. Stapleton stated that we have had large gaps between Main Street Directors which has hurt us in knowing about different grants and program deadlines. He stated that the $75,000.00 grant can be used as a match, façade money, etc. They fund these grants between August and April with a meeting usually held in June to go over the guidelines for the new cycle. Ms. Watson stated she would be glad to assist our new Director. Member Bright asked why other cities were dropping out of the program. Mr. Stapleton replied that some are losing their managers just like us and do not hire them back and that with administration changes the position loses the support needed to continue. If we drop out of the program we would have to re-apply as a candidate city.

Member Mathis asked what we needed to do to get started again. Mr. Stapleton stated we needed to setup a board, get a manager hired, review our historic infrastructure, etc. They would provide us with the education and networking opportunities and we would be first in line to hear about funding and available money. Mr. Stapleton stated we have an initial three months to advertise and hire someone with a possible three months extension. There are only two levels of certification for our city – candidate and certified city.

Mayor Petitt and the Council thanked Mr. Stapleton, Ms. Gorman and Ms. Watson for attending our meeting to discuss the Main Street Program.

Subject: Presentation – Pleasureville City Commissioner Vic Harrod presented council with four pictures of our train depot depicted several years ago. Attorney Brammell stated that these were originally in the possession of Eminence resident Rhonda Cobb. Mayor Petitt thanked Mr. Harrod and the City of Pleasureville for these pictures.

Subject: Minutes – The minutes of the previous regular session held on January 8, 2007 and the minutes of the previous special called sessions held on January 22, 2007 and February 1, 2007 were reviewed. No additions or changes were made by council, so Mayor Petitt stated they would stand approved as presented.

Subject: ABC Administrator Appointment – Mayor Petitt stated we need to ratify his appointment of George Armstrong, III as our Alcohol and Beverage Control Administrator. Motion made by Member Meadows and seconded by Member Browning to ratify Mayor Petitt’s appointment of George Armstrong, III as the City’s ABC Administrator retroactive to January 1, 2007. On a call of vote by Clerk Doane, all members present voted ‘Yea”.

Subject: Sale of Property/Maple Avenue - Attorney Brammell reviewed a request to the prior administration from James and Felicia Baker to have property donated to them which is adjacent to their property. The prior administration instructed the Bakers to do a survey, but no vote has been taken on whether this property will be given to them. The property in question is a former sewer pump station location which is no longer being used by the City. We have also been approached by Jay Roberts concerning this property but Attorney Brammell has been told that Mr. Roberts is no longer interested. Attorney Brammell stated if we wish to donate this property we must declare it as surplus property and declare that it is in the best interest of the citizens to no longer retain the property and get it back on the tax roll. Member Meadows asked if anyone has contacted Mr. Roberts. William Smith stated that after the previous administration decided to consider donating the property back that he told Mr. Roberts to precede with getting a survey and that Mr. Roberts stated he was not going to spend any money to do a survey. The property in question was previously a part of Mr. Baker’s property in 1958 when we put the pump station at this location. We will need to retain an easement. Member Stephens asked who has maintained the property all these years. It was reported that Jay Roberts has maintained the property. It was reported that as an economic value to the City we can sell the property. Council in agreement that Mr. Roberts needs to be notified and asked to sign off that he is no longer interested. Attorney Brammell stated he would draft a letter to Mr. Roberts for response.

Subject: Meeting Time Change – Attorney Brammell held the second reading of an ordinance changing the council meeting time to the second Monday of each month at 6:15 p.m. Motion made by Member Meadows and seconded by Member Stephens to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Code of Ordinances – Attorney Brammell held the second reading of an ordinance adopting the code of ordinances supplement 2006 S-6 as recently updated by American Legal Publishing Corporation. Motion made by Member Meadows and seconded by member Bright to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Non-Elected Official Ordinance - Attorney Brammell held the second reading of an ordinance creating the non-elected office of police chief. Motion made by Member Armstrong and seconded by Member Meadows to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Dog Licenses Follow-up – Member Stephens stated that he is not sure about the status of obtaining licenses from the Humane Society due to the recent warden issues, however the newspaper has publicized this and it is on our website. He would like to invite the replacement warden to our meeting so we can review concerns with them.

Subject: Alley Cat Allies – Member Stephens stated that after further study, he believes this is just a society on ideas with no real function to do anything. Brenda Chism is going to give him a name of another group to contact.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council. Member Bright stated he has had some really good comments about our department. Member Mathis stated that she has also had a very positive situation at Cook’s with one of our new officers. Mayor Petitt stated he would discuss the new police personnel in his report.

Subject: Property Ordinance Enforcement Report – Police Chief Carey Duncan asked if it is appropriate to give names of property ordinance offenders. Attorney Brammell stated it was as long as all information is factual. The Shell station was cited two weeks ago on their sign and are scheduled to appear in Court. As of today, the sign has not been replaced; however the broken fragments have been removed. Chief Duncan stated he is addressing properties located at 139 South King Street, 127 South King Street, 36 East Broadway and 90 Elm Street.

Subject: Public Works Department Report – Public Works Director William Smith, reviewed his report with council. Mr. Smith stated that the Division of Water will be enforcing a new regulation for drinking water which will increase our lab expenses by approximately $3,500.00. Mr. Smith reported they had a water main break on Lakeview last Thursday and have also had maintenance work performed on the dump truck spreader and the backhoe. Member Mathis complimented the department on the great job spreading salt and commented that she likes the salt better than cinders.

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 we have sent delinquent notices for the 2006 unpaid property taxes.

Ms. Doane reported that based upon a commercial building valuation of our property and based upon conversations held at the public officials training among council members, Mayor Petitt accepted the recommendation from our carrier to increase our coverage on two of the City’s properties for a total annual premium of $1,280.00 pro-rated. We have the money in the budget to cover this.

Ms. Doane reported the Main Street Certification application has been sent into the state, with the assistance of former Main Street Director Jennifer Watson.

Ms. Doane reported on other activities she has participated in on behalf of the City of Eminence and other ongoing projects she is working on.

Subject: Second Quarter Budget Review – City Clerk Doane reviewed the second quarter budget comparison with council.

Member Stephens asked we are still going to do the 50/50 split with citizens out of our Municipal Aid funds for sidewalk replacement. Council discussed program with consensus being to continue with this program up to the amount of funds we have available as long as our specifications are met, our contractor is used, and the contractor is insured. Public Works Director Smith stated we have gone with the citizen’s contractor if cheaper. Council okay with this. Member Mathis asked who is responsible for the sidewalks. Attorney Brammell stated it is appropriate for us to spend money on sidewalks, but it is the property owner’s responsibility. Member Stephens asked how we can make individuals put in sidewalks if they cannot afford to do so. Attorney Brammell stated there are specific statutes for specific assessments.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. Member Meadows also reviewed a report on a FEMA Firefighter grant the department has received in the amount of $114,950.00 which requires a $6,050.00 match. This grant will be used to purchase ten full sets of turnout gear, ten air packs and bottles, a breathing air compressor and a full set of extrication tools. Member Meadows reported that financial paperwork has been given to the City with the Department cooperating in all areas. The financial information will be maintained by City Hall personnel. Mayor Petitt stated he appreciates all of Missy Young’s time and dedication to the Fire Department as their previous Treasurer.

Subject: Community Center Report – Mayor Petitt reviewed the January Community Center activity report with council which included 253 using the fitness room and 640 using the gym. The report showed some maintenance requests which have been made and have been turned over to our Public Works Department. The continuation of the grant has been applied for which could possibly be between $30,000-$50,000 for year five and year six of the grant. The archery team will be competing on a regional level to qualify for the national level. The next advisory board meeting will be March 1, 2007.

Member Stephens asked if the outside lighting at the Center has been discussed. Public Works Director Smith stated he has contacted Kentucky Utilities on the outside lights and if the staff would keep the porch lights on this would help considerably. It was discussed that we could put a locking cover on these switches and leave them on.

Subject: Mayor’s Update – Mayor Petitt reported that he has only received one sample drainage ordinance to date which doesn’t really cover what we are looking for and that he will be checking with KLC to see if they have some sample ordinances available.

Mayor Petitt reported that the Main Street Certification application has been sent in with the paid assistance of former Director Jennifer Watson.

Mayor Petitt stated that we will have to wait until warmer weather to get the cost estimate on the pool as it has to be drained down to 3-1/2 feet.

Mayor Petitt reported that his last contact with Charles Dickerson of EPA has resulted in a report that the owners of the bulk oil plant on West Owen cannot afford to do the cleanup and that no plans are underway to test the soil. Mr. Dickerson is checking on super funds availability which will result in three times the cost to the owners if it is cleaned up this way. The City cannot make any plans or get involved in anyway.

Mayor Petitt stated that the Kallenberger property on Elm Street is scheduled to have the hole filled in within the next thirty days.

Mayor Petitt stated that the Fire Department records are in his office and will have to be reviewed by the auditor to see if an audit can be performed.

Mayor Petitt reported that the Renaissance Festival will be held eight weekends this year and that a senior citizen discount of $2.00 off at the gate will be given. The festival was voted “Best New Festival” last year. The farmers market structure is scheduled for completion by the end of February with the town hall scheduled for completion by March 31, 2007.

Mayor Petitt stated he has sent out letters to most of the previous pledges on the proposed splash pad project to see it they would be willing to transfer their pledge to our new project. To date, Farmers Deposit Bank and Arvin Sango have agreed to this transfer. Member Meadows asked where the money was that the kids from school had raised to go toward opening the pool. It is assumed that the school has control of this money as the City does not.

Mayor Petitt stated he has been approached about a problem with vultures roosting on North Penn Avenue that are killing newborn calves belonging to Fred Downey who lives further out on Elm Street. Discussion held on how to deal with this problem. Public Works Director Smith stated that several years ago we used pyrotechnics to shoot up into the trees to run birds off. Member Stephens stated that he had called the Department of Fish and Wildlife several years ago concerning vultures and was told they are a protected species. Citizen Downey stated he has requested a special permit to shoot the vultures from animal control. Mayor Petitt stated that shooting would be in violation of our City ordinance and could possibly cause problems with vulture advocates. Attorney Brammell stated we could amend our ordinance to allow for this temporary situation.

Subject: Project Prom 2007 Request - Mayor Petitt reviewed a request from Project Prom 2007 for a donation. We paid a $100.00 invoice for them last year based upon the ruling that cities cannot simply donate funds. Motion made by Member Mathis and seconded by Member Meadows to authorize paying up to a $100.00 invoice or expense item for Project Prom 2007. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Ethics Board Appointees - Mayor Petitt reviewed his appointments to the ethics board and requested council approval. The appointees are Rev. Robert Eades for a three year term, Joe Lawson for a two year term, and Jerry Clark for a one year term. Motion made by Member Bright and seconded by Member Armstrong to approve the Mayor’s appointees to the ethics board as listed above. On a call of vote by Clerk Doane, all members present voted “Yea”.

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: Police Department Personnel – Mayor Petitt reported that we currently have six police officers, with the two most recent hires being Billy Whitenack and Phillip Parham. Interviews will be held soon to get the seventh officer hired. It is not feasible to ask the officers to come to our meetings unless they are scheduled to work. We will try and arrange for them to work on council meeting night, but please come by and meet them yourself. Member Meadows asked if we could do a policy to require reimbursement to us for uniforms if police leave us right after being hired. Attorney Brammell stated we could do this on an amortized basis. Council in agreement to proceed with doing this. Chief Duncan stated he will start something with Attorney Brammell’s assistance with the next hire.

Mayor Petitt asked if any council member had anything they wanted to discuss. No one had anything at this time.

Subject: Emergency Ordinance –Amendment to Firearms Ordinance – Attorney Brammell read an emergency ordinance amending our current firearms ordinance which would allow for the use of pyrotechnics within the City to assist with the alleviation of the vulture problems. Motion made by Member Bright and seconded by Member Armstrong to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

With no further business to be discussed, motion made by Member Meadows and seconded by Member Armstrong to adjourn. On a call of vote by Clerk Doane, all members present voted “Yea”. Meeting adjourned at 8:48 p.m.

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