| MINUTES |
EMINENCE, KENTUCKY MARCH 12, 2007
The City Council of the City of Eminence, Kentucky met in a regular session on Monday, March 12, 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, Shawn Bright, Treva Browning, Kelly Mathis, Danny Meadows and Drane Stephens. Absent were none.
Pledge of allegiance held with Mayor Petitt asking for a moment of silence for our country and in preparation for our meeting.
Mayor Petitt called the meeting to order at 6:15 p.m.
Mayor introduced Jerry Clark. Mr. Clark is a member of the ethics committee.
Subject: Alley Cat Advocates – Dr. Marie Gagnon with Alley Cat Advocates out of Louisville was present to discuss their program of spaying/neutering feral cats. They trap and alter the cats, then return them to the City. Terri McKee with this program spoke about the assistance they provided to the Dollar Store in town which has resulted in less cat population at this area. This also helps stop disease spreading among the cat population as the cats also get their vaccinations. The options of dealing with cats are 1.) Killing them, which is not really an option; 2.) Ban the feeding of feral cats, which is also not a good option as they would eventually starve to death; or 3.) Trap and release which would trap the cats, alter them, vaccinate them and return them to the community. Volunteers within the community would be needed – preferably the ones who are currently feeding the cats. This program would be an ongoing process and some funds would be needed to pay for the services. We could use the Alley Cat Advocates resources of traps and veterinarians.
Barbara Eaton was present to offer her services to assist with trapping the cats. She has done this previously in California. Council asked if we have to take the cats back. The answer is yes as feral cats would not make good pets anyway. We might be able to find farmers willing to take the cats. The ears of the cats are tipped to indicate that they have been altered to alleviate getting the same cat. Permission would be needed from the property owners to trap on their property. Donation boxes were set up at the Dollar Store to assist with their project.
Dr. Gagnon explained that a quick alteration costs $40.00. She suggested that we request donations. They do a big event once a month where approximately 250 cats are altered. They require a 24 hour recovery. Question asked about household pets that might go outside and get trapped. The licensing of cats would eliminate this issue as long as the cat was wearing a collar.
Consensus of council to proceed with the program for un-owned cats only, asking businesses for donations. A project manager will probably be needed.
Subject: Sale of Property - Harold Chisholm who lives at 99 Hillcrest Drive was present to discuss his request to purchase a piece of property from the City which is adjacent to his property and is known as our pool/park property. Mayor Petitt asked if each council member had looked at the requested area proposed for purchase. Mayor Petitt stated he proposed we sell this requested property at .50 cents per square foot less partial costs for the survey which would probably net out to about .35 cents per square foot. Mr. Chisholm would be responsible for the survey. Council asked Attorney Brammell if we could proceed with selling this to Mr. Chisholm or if we need to advertise for bid. Attorney Brammell stated that we could advertise and state a minimum bid or we could convey directly to Mr. Chisholm stating an economic development reason. Council in agreement to sell the requested property to Mr. Chisholm as selling this small a lot would not benefit anyone else as it is a non-conforming lot and selling it would put it back on the tax roll thus creating an economic benefit to the city. Mr. Chisholm is responsible for obtaining an easement with final sale price to be determined based upon the easement cost.
Subject: Vultures – Helen Moore of 492 Sulphur Avenue addressed council concerning the vultures which have now moved to her property to roost. Ms. Moore stated she would appreciate if we could look into this for her. She had approximately 35 vultures at her place this morning.
Subject: Minutes – The minutes of the previous regular session held on February 12 2007 were reviewed. No additions or changes were made by council, so Mayor Petitt stated they would stand approved as presented.
Subject: Sale/Transfer of City Property – The sale of city property on Maple Avenue was discussed. Attorney Brammell stated he has received a revised quit claim deed from James and Felicia Baker’s attorney including a description and if deemed appropriate the property can be transferred to the Bakers. Member Meadows asked if Jay Roberts had responded on whether he was still interested in this property. Attorney Brammell stated he sent a certified mailing to Mr. Roberts and did not receive any response back from Mr. Roberts either way concerning this issue. The City will need to retain an easement on this property. It was asked if we need to address the transfer of this property in closed session. Attorney Brammell stated that a closed session is not appropriate unless the price could be affected by being in open session and it was his understanding that the cost of the survey was the only cost involved. Discussion held including that the property cannot be used as a building lot and that it is of no benefit for the City to continue to have to maintain this property thereby making it in the best interest of the public to transfer this and get it back on the tax roll. Motion made by Member Mathis and seconded by Member Meadows to determine that the property was originally intended at time of purchase for a sewer lift station access and that the sewer lift station is no longer operational and the ownership of the property is not longer required thus making it surplus property and it is in the public interest to dispose of the property as the City doesn’t have to maintain it and that it be conveyed without bid because it is assisting with economic development purposes being rental property and that the consideration for the transfer be the cost of the survey which was $885.00. On a call of vote by Clerk Doane, all members present voted ‘Yea”.
Subject: Main Street Program – Mayor Petitt stated we have received one application for the Main Street Manager position and that we need to get someone hired or stop the program. Mayor Petitt stated he has spoken with Roger Stapleton again on the money available through the program. We can only do one project submittal per cycle at 80/20 match. The façade grants are a 50/50 match. Our not participating in the Main Street program does not affect TEA-21 grants. The minimum budget to stay in the program is $35,000.00/40,000.00 and we will need to send someone to classes if we are staying in the program. Member Meadows stated he felt we needed to stop the program. Member Mathis stated she has reviewed all the files at the Main Street office and found more information on bands, etc. instead of Main Street. Most of the information was on marketing instead of Main Street. She feels we need someone to work with the merchants, Chamber of Commerce, etc. and prefers we hire this position. Member Bright asked if we are missing a positive in not keeping this program. Member Mathis stated she feels it would be a shame for all the earlier work from the Vision 2020 to be for nothing. Mayor Petitt stated he got lots of complaints during his campaign about the money being spent downtown and that we have a lot of old homes which need money. Motion made by Member Meadows and seconded by Member Browning to opt out of the Main Street Program. On a call of vote by Clerk Doane, voting “Yea” were Members Meadows, Browning, Bright, and Armstrong. Voting “Nay” were Members Stephens and Mathis. Motion carried.
Subject: Eminence Day – Mayor Petitt stated that Eminence Day is normally the third Saturday in May which is conflicting with numerous other activities.
Member Mathis presented council with an alternate proposal to Eminence Day of hosting Concerts in the Park on the second Friday night of each month. She reviewed the pros and cons for doing this. The bands would cost approximately $1,000.00/1,500.00 per night. Advertising and banners would be a main cost. She has already spoken with Cook’s Pharmacy who has agreed to pay for advertising the first month. Member Meadows stated perhaps Coke or Pepsi would donate a banner and perhaps we could get service hours from some of the student groups to do cleanup afterwards. Member Mathis stated we will have money in the Main Street Program to assist with funding this. Mayor Petitt asked for a committee to assist with this project. Members Browning, Armstrong and Mathis agreed to serve on this committee. Member Bright stated he would also assist with this project since he works in town. It was discussed that the Renaissance Faire would like to assist with Halloween on two weekends this year and will split the profits 50/50 with the City.
Subject: Firearms Ordinance – Attorney Brammell held the first reading of a revised firearms ordinance to incorporate the emergency ordinance from last month.
REPORTS:
Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council. Member Meadows stated he appreciates the Department going above and beyond to assist the public.
Subject: Property Ordinance Enforcement Report – Police Chief Carey Duncan stated he is working on properties at 139 South King Street, 127 South King Street, 36 East Broadway, 188 Merriweather and 363 East Broadway. Three letters have been sent on February 22nd and February 28th giving a thirty day compliance notice.
Mayor Petitt stated he has sent a letter to Hans Kallenberger concerning his lot on Elm Street which needs the large hole filled in. Mr. Kallenberger called the Mayor with thirty days compliance being given and agreed upon. The thirty days are up with this not being done, so this property will be turned over to Chief Duncan.
Subject: Police K-9 Unit – Chief Duncan referenced a draft letter sent to council. Chief Duncan recommended turning the K-9 unit over to handler, Todd Rankin, for his personal use. Officer Rankin would assume full responsibility and liability for the dog and hold the City harmless in all manners associated with the dog. Motion made by Member Meadows and seconded by Member Armstrong to discontinue the contract with Officer Rankin and to turn the dog over to Officer Rankin for his personal responsibility and care with the City to no longer be liable and to hold the City harmless. On a call of vote by Clerk Doane, all members present voted “Yea”.
Subject: Public Works Department Report – Public Works Director William Smith, reviewed his report with council. Mr. Smith stated that our streets are getting in bad shape mostly because of the garbage trucks tearing them up. Mr. Smith suggested purchasing a roller for the City at the cost of approximately $3,000.00/3,500.00 plus a trailer at approximately $1,000.00. Purchasing this equipment would allow us to do some of our own work and do it on-going. He has reviewed the budget and feels we can re-allocate funds for this. Mayor Petitt stated he feels it would pay for itself in two years as we can better maintain our streets. Mr. Smith stated we can use it during water breaks to speed up repairs as well. Motion made by Member Mathis and seconded by Member Meadows to authorize the expenditures up to a total of $5,000.00 for a trailer and roller. On a call of vote by Clerk Doane, all members present voted “Yea”.
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 collected 64 of the 168 delinquent taxes for 2006 after sending out the notices last month.
Ms. Doane reported that we received $6,569.00 from the state treasury department for a semi-annual health insurance subsidy.
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 within her department.
Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. Member Meadows reported that an updated agreement with the Fire Board is being worked on which will be presented to council next month. Mayor Petitt thanked Member Browning and Member Meadows for their work with the Fire Department.
Subject: Community Center Report – Brian Raisor reviewed the February Community Center activity report with council. Mr. Raisor requested to spend $1,015.22 from the fitness room monies for backboards. Council in agreement to allow this expenditure. Mr. Raisor reported on a project he is participating in on Tuesdays and Thursdays to take bread and pastries to people with need for this service within the County. Mr. Raisor reported that he has eighteen kids participating in Archery who placed second in the regional tournament and will be moving onto the state competition. Mr. Raisor reported he has applied for a Hamburger Helper grant in the amount of $15,000.00 to resurface the Community Center gym floor with a rubberized coating. Seventy-seven centers have applied for this grant. Mr. Raisor thanked our Police Department for stepping in to take over for the State Police on a drunk driver simulating course for our youth. They did a great job on short notice. Mayor Petitt thanked council, police department and Brian for their assistance with this project.
Subject: Mayor’s Update – Mayor Petitt reported that he has had the swimming pool evaluated by Robert Holloway, who manages three pools in the Louisville area. The cost of bringing the pool up to good repair for the next 25 years is $150,000.00 and $300,000.00 to include the bath house, etc. Mayor Petitt suggested to Mr. Holloway that we would consider leasing the pool to him. Mr. Holloway will come back in August to consider doing this. It is too late for anything to be done this year.
Mayor Petitt stated that after receiving the information that the new owners of the bulk oil plant on West Owen cannot afford to do the cleanup, on March 12, 2007 someone was here to evaluate the property for cleanup.
Mayor Petitt stated that the Fire Department records are in his office and that our auditor, Sutherland CPA will evaluate them after tax season with an audit to be performed annually from this year forward.
Mayor Petitt reported that Cook’s Pharmacy has renewed their previous pledge of $3,000.00 toward our Trails Project as has Eminence Speaker for their $1,000.00 pledge.
Mayor Petitt stated the City has been firing the pyrotechnics for several nights on North Penn Avenue with the last night being tonight. Due to the recent moving of the vultures to Sulphur Avenue, we will start in the Sulphur Avenue/Jackson Road area tomorrow.
Mayor Petitt reported that he has several ladies in the community who he will be appointing to a beautification committee. They have expressed an interest, particularly in the section of land between the highway as you turn onto Elm Street for planting of flowers. Anyone else wishing to join in this project please contact him.
Mayor Petitt stated he feels we need clarification and/or revisions on the alcohol ordinance and asked for a committee to work on this. Members Armstrong, Stephens, and Meadows agreed to assist Attorney Brammell and Mayor Petitt with this. Mayor Petitt stated that Hometown Pizza wants to sell beer on Sunday and will be doing a major expansion. They can actually sell beer now as long as they get their 100 seating capacity sign up from the Fire Marshall.
Mayor Petitt reported that he has spoken with Marv Blomquist about the Family Dollar Store who stated they are waiting on the lease approval from the Family Dollar Store prior to construction commencing. They will be paving the entire property. Mr. Blomquist stated they have not heard back from any grocery store chain to date.
Mayor Petitt stated that our catch basins have never been cleaned out and need to be. He contacted Tony Harrod with District 5 to see if we can do this and was told no that only the state could do this. The State is supposed to come out and clean the ones on Highway 55 and Highway 22.
Mayor Petitt reminded supervisors that their department budgets are due by April 1, 2007.
NEW BUSINESS:
Subject: Ordinance Updating Compensation Plan – Attorney Brammell held the first reading of an ordinance updating the compensation plan.
Subject: Garbage Franchise - Attorney Brammell discussed that our current garbage franchise ends June 30, 2008 and that we need to start the process at least twelve months prior to its ending if council wants to continue with this. Council in agreement for Attorney Brammell to proceed with preparing the resolution and bid documents. Member Stephens asked about including the dumpsters and re-cycling. Attorney Brammell stated this would be an appropriate time to do so.
Subject: Insurance Premium Tax Refunds – Clerk Doane reviewed a request from Guarantee Trust Life Insurance Company requesting refunds for 2002 through 2006. Based upon a recent ordinance which was adopted requiring refund requests within 18 months of the end of the calendar year on which said tax is paid incorrectly, motion made by Member Stephens and seconded by Member Bright to only authorize refunding for the tax years of 2004, 2005 and 2006 in the amount of $96l.00. On a call of vote by Clerk Doane, all members present voted “Yea”.
Subject: Resolution – Farm Credit Services – Mayor Petitt stated he has been contacted by Farm Credit Services asking for something documenting his authority to approve the agreement between the City and Tim Fitzgerald for the farming operations on our property. Motion made by Member Bright and seconded by Member Meadows to authorize the Mayor to execute such documents as necessary between the City of Eminence and Farm Credit Services Agency that reflect that Tim Fitzgerald is authorized to operate the farm operations at the City’s property. 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 Meadows and seconded by Member Armstrong to approve the warrants for payment as presented. On a call of vote by Clerk Doane, all members present voted “Yea”.
NEW BUSINESS – COUNCIL
Mayor Petitt asked if any council member had anything they wanted to discuss.
Member Meadows stated that he has been approached about the entrance into the trailer park on North Penn Street. Mayor Petitt stated concrete bids are being received and that we will proceed with the lowest and best bid for tearing out the old concrete and installing new concrete.
Member Bright stated that he has a concern over the Police Department salaries and feels we need to step up and pay more – either now or later to keep good officers. We need to look at ways to keep our officers.
Mayor Petitt stated he agrees with this but the money is just not available. Mayor Petitt proposed to council increasing the occupational tax rate to 1.5%. Mayor Petitt reported as follows on some of the reasons he feels an increase is necessary:
Mayor Petitt stated he feels we have two choices to 1.) Either set here and do nothing and continue to try and struggle by or 2.) Go ahead and raise the occupational tax which has never been raised since its inception. His proposal to increase to 1.5% would double our collections from $252,000.00. We could obligate 25% of the total occupational tax to parks and recreation each year and 5% of the total occupational tax to salary increases/benefits as the City grows. When he gets calls from individuals looking to locate here, the two main questions are 1.) What kinds of schools do you have; and 2.) What kind of recreation do you have? Mayor Petitt stated he feels we are going to grow and need to be ready. We need to be pro-active not re-active.
Member Stephens stated he feels the new projects will increase the income and that he understood that Mayor Petitt campaigned under the idea that money has been wasted and that he would not increase taxes. Mayor Petitt said that is not what he said. I said, “I will not raise property taxes or bankrupt the City to fix the pool”. Member Stephens stated he feels double is a lot of money to ask for and is not for this huge a jump. He feels this is a style of government that rules by taxation and not good money management. Member Bright stated he has looked at this with the Mayor and it will be a huge increase and that we need to look ahead as we will not be re-elected if we do this. Member Meadows stated he does not feel the election is an issue. Member Bright stated he feels the people asked to be taxed to bring in recreational activities. Member Mathis stated she feels society has changed along with recreation. Recreation has become more toward mind versus physical and that updating the pool could be a waste of money. Member Bright stated he feels it is important to keep the community center open in the future should the school not get their grant renewal. Member Stephens stated he does not want us to over-react on any of this and that we need to look at other ways to solve the problems as well, such as grants.
Member Bright asked about the $11,000.00 we received for the totaled cruiser. Clerk Doane stated it has been put in the general fund with no earmark at this time for purchase of another cruiser. Chief Duncan stated we do need to continue looking at replacing our cruisers as they age. Member Mathis stated she feels we need to evaluate our take home policy on cruisers. Member Bright stated he would like for us to proceed with replacement while we have the money. Council requested Chief Duncan to get all the vehicle history and new cost information so they can evaluate the need next month.
Member Bright stated that sewer backup has been occurring under the Theiss Building due to the businesses on North Main Street from the corner down to the Church all going to one point under Theiss’s building. Member Bright stated he knows this is not our problem, but promised he would bring it to our attention. Jay Hall, Randy Hancock and Jim Waits Jr. are willing to pay for correcting this problem as they want to see it resolved to the satisfaction of their tenant (Theiss), but are anticipating that the other business owners involved reimburse their appropriate portion of the cost.
With no further business to be discussed, motion made by Member Browning and seconded by Member Stephens to adjourn. On a call of vote by Clerk Doane, all members present voted “Yea”. Meeting adjourned at 8:58 p.m.
JIM PETITT, MAYOR
CITY OF EMINENCE, KENTUCKY
ATTEST:
SANDRA A. DOANE, CITY CLERK
CITY OF EMINENCE, KENTUCKY
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