Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, April 9, 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.

Mayor Petitt called the meeting to order at 6:15 p.m. and reminded the public of the meeting protocol of being on the agenda prior to addressing council.

Subject: County Business – Magistrate Wayne Gunnell was present to update the Council on County business. Mr. Gunnell reported that a meeting is scheduled for Thursday, April 19, 2007 at 1:00 p.m. at the Community Center for invited public officials to discuss the Mulberry Road proposed by-pass. The preliminary line and alternative routes will be discussed. Mr. Gunnell reported that Judge Brent supports this project and anticipates it will be in the 2008/2009 budget for funding. Mr. Gunnell recommended the council call the legislators and the Governor’s office to request support of this funding. The project needs to get in the six-year road plan and get funding. Mayor Petitt stated that based upon this year’s figures for road upkeep and repair; Oldham County received approximately 70 million dollars; Shelby County received approximately 100 million dollars; and Henry County received approximately 9 million dollars through the state. Magistrate Gunnell reported on County paving in general.

Mr. Gunnell reported that the County will be holding another tire amnesty day in September which will also include metal and paint. There are two large tractor tires on Eminence Terrace which he hopes will be brought over as well.

Mr. Gunnell reported that approval has been given to move the location of the new Senior Citizens building to the new park on Highway 421 North of New Castle. Bids will go out on this project in May.

Mr. Gunnell reported that the County budget is being worked on with a meeting to be held on April 30, 2007. They have major concerns as the jail budget and the EMS budgets are both up approximately $100,000.00 each. The EMS is projected to be approximately $30,000.00/$40,000.00 in the negative the first year of operation. The paramedic program is already saving lives and is being utilized non-stop. The Humane Society has informed the County that their fees will increase by $30,000.00 which is a 65% increase. Magistrate Gunnell reported that the County is fiscally in good shape, but will need to watch closely with the impending increases.

Member Bright asked about glass re-cycling in the County. Currently Shelby, Spencer and Henry County have purchased a machine which crushes glass which can be used as a base for roads. They will also be re-bidding the re-cycling at curbside when the contract is up for renewable. Citizens can currently take re-cyclables to the County Road barn.

Member Stephens asked if a new officer has been hired at the Humane Society. Magistrate Gunnell stated that someone is there but may not be the permanent replacement.

Member Mathis asked if a recreation committee replacement for Leeroy Winburn has been appointed. Magistrate Gunnell stated one had been made, but they did not show to the first meeting. Member Mathis stated she might be willing to serve or may know someone who would serve.

Subject: Minutes – The minutes of the previous regular session held on March 12, 2007 were reviewed. Member Stephens stated that he does not approve of the changes that were made to the minutes after they were first sent out to council and that things cannot be removed at will by anyone. Mayor Petitt stated a request was made by Member Bright for a correction to something he said and that other negative items were also deleted at this time. Member Stephens stated he wants the minutes to read as originally written the first time. Member Meadows stated as long as the minutes are correct it doesn’t matter if they are negative or positive. Other discussion held. Member Bright stated he has a problem with the minutes being on the website prior to being official. Motion made by Member Mathis to adopt the minutes as written in the first draft. Motion seconded by Member Stephens. On a call of vote by Clerk Doane, voting “Yea” were Members Meadows, Browning, Stephens, Mathis and Armstrong. Voting “Nay” was Member Bright. Motion made by Member Stephens to revise the minutes on the next to last paragraph per Member Bright’s request to read “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.” On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Eminence Festivals – Member Mathis reported that Member Browning, Mayor Petitt and herself met to review the proposals and details for holding some concerts in the park and other festivals. Member Mathis reviewed the proposed plans with Council. Booth rental of $25.00 per event would be charged for vendors with this money to be used to assist with port-a-potty expenditures in the future. She has the port-a-potties donated for the first event. We will need to budget in the new budget accordingly for these events if we wish to continue with them. The June and most of the July expenditures will be paid out of the current budget with possible line item transfers being needed of $4,020.54. Member Mathis reported she will be sending letters to all the local businesses in an attempt to get the Eminence Business Association started again and involved in these activities. Advertising will be a large expenditure item with radio advertising being proposed with live coverage for the sponsors. She would like for the City to pay ½ of the cost at $200.00. Member Mathis stated that we need to host a “name the event contest” with the Henry County Local volunteering to do one free advertisement for this. Member Mathis and the committee are recommending moving Eminence Day to October when there are not so many events scheduled with the schools and youth. The Concerts in the Park will be held the second Friday of the month with booth rentals down Main Street. Member Bright asked if the $4,021.00 was for just two events. Member Mathis stated no it is for possibly four months, but a lot of the items will need to be pre-paid. The Renaissance Festival will split the Christmas and October event proceeds with the co-sponsors. Motion made by Member Stephens to authorize line item changes in the budget to move $4,021.00 as requested from various categories to the miscellaneous category to fund these initial events. Motion seconded by Member Armstrong. All members present voted “Yea”.

Subject: Firearms Ordinance – Attorney Brammell held the second reading of a revised firearms ordinance to incorporate the emergency ordinance from February and to update the original ordinance. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Ordinance Updating Compensation Plan – Attorney Brammell held the second reading of an ordinance updating the compensation plan. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Resolution – Henry/Oldham Farm Service Agency – Mayor Petitt stated the resolution from last month was inadvertently stated to be for Farm Credit Services Agency and it needs to be for the Henry/Oldham Farm Service Agency to document his authority to approve the agreement between the City and Tim Fitzgerald for the farming operations on our property. Motion made by Member Meadows and seconded by Member Browning to authorize the Mayor to execute such documents as necessary between the City of Eminence and Henry/Oldham Farm Service Agency to 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: Fire Board Ordinance – Attorney Brammell held the first reading of an ordinance establishing a Fire Board for the City of Eminence and setting forth regulations for the operations of the Eminence Volunteer Fire Department. Discussion held with a few minor modifications being made.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council.

Subject: Property Ordinance Enforcement Report – Major Kemper gave a status report on the properties at 139 South King Street, 127 South King Street, 36 East Broadway, 188 Merriweather and Moody Drive.

Mayor Petitt stated that he has spoken with Hans Kallenberger again concerning his lot on Elm Street with Mr. Kallenberger telling him that he has a contract with Hedges and had assumed that Mr. Hedges would have already completed the work by now.

Member Mathis asked about the school resource officer. Major Kemper stated that Officer Rankin is now filling this position and that everything seems to be working out fine. The required training for this officer position and one school administrator was discussed. Member Mathis stated she has had good reports from the school as well on Officer Rankin.

Subject: Public Works Department Report – In the absence of Public Works Director William Smith, Tim Fitzgerald reviewed the public works department report with council. Mr. Fitzgerald reported that we now have to do extra water sampling for the Stage 2 disinfection byproducts rule. Mr. Fitzgerald stated that we received the necessary easement from Tony Tingle in the Elmcrest Subdivision for the completion of the water main extension in this area. The engineers and contractor have been notified to proceed.

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 now collected 100 of the 168 delinquent taxes for 2006 after sending out the late notices in February.

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 – Fire Chief Gary Lucas reviewed the monthly activity report with council. Chief Lucas reported that he is very happy with the new Fire Board and that things are going well. Chief Lucas reported that 85-90% of the $114,950.00 grant received has been expended with them waiting on receipt of some air packs. Chief Lucas reported that they are already in the process of applying for a $50,000.00 miscellaneous equipment grant for 2007/2008 as well as a FEMA rescue pumper truck grant in the amount of $280,000.00. Our cost for this grant would be $14,000.00. Our fire rating would improve if we get this truck as the department will be operating with a rescue pumper versus just a rescue truck. The 1980 truck could be sold to re-coop all or part of the $14,000.00 match needed.

On behalf of Robin Mullins, Clerk Doane reviewed the quarterly Fire Department financial report with council. Member Meadows stated that everything has been paid in full and he appreciates the hard work by Robin Mullins in taking over the treasurer duties.

Subject: Community Center Report – Mayor Petitt reviewed the March Community Center activity report with council. Mayor Petitt stated he has requested the report reflect the quarterly fitness center income; however they did not give it to him that way as they showed the total receipts to date. Per city hall records, the January/March fitness center receipts are $952.00. The new backboards are in the process of being installed. The health fair held at the center was a success. Mayor Petitt reported he has received two quotes for painting the center kitchen and gym area. The quotes are real close at approximately $1,900.00 each. He will award the job to the Eminence individuals. Per the report, the Center wants to spend about $500.00 for some sports equipment. Consensus of council was for the Center Director to make the formal request for this sports equipment in a separate written document other than the monthly report.

Subject: Mayor’s Update – Mayor Petitt stated he has spoken with Mr. Dickerson’s office in Florence concerning the bulk oil plant on West Owen. Mr. Dickerson reported that samples have been taken with no results yet. The owner of the property, Mr. Adams of Naples, Florida is looking for someone to clean up the property for the metal. Mayor Petitt advised he gave him one name after obtaining permission of the individual for Mr. Adams to contact. Mayor Petitt expressly stated to Mr. Adams and the other individual that the City is not involved in anyway on this project.

Mayor Petitt reported that the beautification committee will be starting with their flower work soon.

Mayor Petitt reported that he has spoken with Marv Blomquist about the Family Dollar Store who stated they have received final approval from the Family Dollar Store and will have someone here this week to discuss with our Public Works Director and the Company on the sidewalk and other City requests. Construction should start the end of May or first of June.

Mayor Petitt reviewed a request from Treasures Flea Market for a game room. Mayor Petitt suggested that each council member stop by and talk with Charles and Keith about their plans prior to any approval by the City.

Mayor Petitt stated he wants to get the streets and lots re-marked. There is money in the budget to do this. He has received one quote of $1,400.00 for stripping the streets. This will last three to four years and can be done within three to four hours and dries quickly If we attempt to do this ourselves the paint alone would cost $400.00 and would take a lot of time and would need re-doing next year. Council in agreement to proceed with doing this work as quoted. Member Stephens requested that the crosswalk at the school be done as well.

Mayor Petitt stated he would contact the budget committee when all the budgets are ready for review.

Mayor Petitt asked what was being done on the cat problem. Member Stephens stated he has passed out forms and put the article in the paper with no response. Mayor Petitt stated we will need someone to actually head up this project. Member Stephens agreed to do this.

Mayor Petitt stated that the use of pyrotechnics in the problem area have helped with the vulture issue.

Subject: Garbage Franchise – Due to council not receiving the paperwork on the garbage franchise, the resolution was postponed until next month. Attorney Brammell stated that we have plenty of time to do this as the current franchise does not end until June 30, 2008.

Subject: Personnel Policy Update (Fringe Benefits) – Mayor Petitt and Clerk Doane discussed with council their findings from attending several meetings on fringe benefits. By law, we are required to tax fringe benefits for personal use which include employer provided cell phones, take home vehicles, uniforms and meals under certain circumstances. Attorney Brammell held the first reading of an ordinance updating the City’s personnel policy to add a new section called fringe benefits. Tim Fitzgerald stated that as an employee he feels it is wrong to take things away and allow the employees to back slide. Member Stephens asked each supervisor to get an estimate of the impact per employee and possibly the City can offset the salaries by the tax amount.

Subject: Insurance Premium Tax Refunds – Clerk Doane reviewed last month’s request from Guarantee Trust Life Insurance Company requesting refunds for 2002 through 2006 and the subsequent motion to refund for the tax years of 2004, 2005 and 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. These funds were refunded accordingly, however after checking the ordinance adoption date of December, 2006 it is felt that this company is entitled to a refund for the full amount requested since their request was made prior to the ordinance being adopted. Motion made by Member Armstrong and seconded by Member Meadows to refund the additional amount requested and verified of $1,313.00 to Guarantee Trust Life Insurance Company for the tax years of 2002 and 2003 all based upon the above information. 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 Mathis to approve the warrants for payment as discussed. On a call of vote by Clerk Doane, all members present voted “Yea”.

Member Stephens stated he has been asked by one of the residents on West Owen Street about the promised blacktopping at the end of the street. Mayor Petitt stated this will definitely be done in the amount previously discussed as soon as the weather permits and the paving companies open back up.

Member Bright stated he has received calls everyday concerning the proposed occupational tax increase which was discussed last month. Member Bright stated he doesn’t think it is fair to raise taxes right now. He stated he feels we do need the money, but that we need a full budget review first. Member Stephens stated it is a good recognized source of income for future reference. Member Mathis stated she agrees the council needs to see a full range by department budget and current review prior to any decisions being made. Mayor Petitt stated to keep in mind that there are no numbers in the budget on some items such as the possible full funding of the Community Center. Member Mathis stated she wants us to work with the Board of Education on getting grants for this. Member Stephens stated our first response to problems should not be to raise taxes. Consensus of council to wait until a full budget cycle review prior to any action. Mayor Petitt stated that to be sound financially we need one full year’s budget needs in the bank and that we do not even come close. Member Browning stated that 70-75% of the working people live paycheck to paycheck and that this may not be the avenue we want to take when looking at increasing our income.

Member Bright stated he has received complaints on the condition of the proposed Family Dollar Store property. Mayor Petitt stated he will address this with Mr. Blomquist.

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 8:35 p.m.

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