Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, September 10, 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. Arriving late was Member Drane Stephens. Absent was none.

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: County Business – Magistrate Wayne Gunnell gave an update on County government activities as follows.

Subject: Parking Issues at His Business – Rick Rynes was present to discuss with council the no parking sign at his property. Mr. Rynes stated he gave permission a few years back to put the sign in front of his business, but he is the only business with a sign in their front door. One of his customers got a ticket while sitting in his vehicle and Mr. Rynes stated he feels there needs to be a happy medium on this.

Mayor Petitt stated he has already called the State Highway District #5 office for assistance with the road engineer to come out and evaluate the situation. Mr. Rynes stated he has also called them and was told they would be here tomorrow. Mr. Rynes stated the sign is illegal as no permits were obtained from the state prior to putting the sign up and that he wants the sign moved as he does not want to lose business because of it being there. Attorney Brammell stated we are approaching this correctly by getting the state involved and to his knowledge there used to be a sign there previously which was removed and then put back up and he is not sure if the first sign was legally permitted or not.

A heated discussion ensued with Rick Rynes stating as he left that he would be back with his attorney the next time and that if he is harassed tomorrow by the police he will be filing suit against the City. Mayor Petitt asked for a point of order.

Discussion among council continued. Attorney Brammell stated we are doing the correct thing by getting state direction and reviewing previous records. Attorney Brammell stated we will have limited control on the state right of way.

Mayor Petitt recognized Helen Moore who stated she has had occasion to work with Rev. Goatley on a project two years ago on West Owen Street and you cannot see to get out of the street when vehicles are parked at Mr. Rynes. People have to cut over into the Shell lot to get out without being hit. She feels Mr. Rynes has plenty of parking in the back that he could use. Member Thomas stated that Mr. Rynes had a dump truck and a backhoe parked in the front all weekend blocking the view getting out of West Owen Street.

Subject: Minutes – The minutes of the previous regular session held on August 13, 2007 and the special session minutes from September 6, 2007 were reviewed. One question raised on the special minutes with no change being made. Mayor Petitt stated the minutes would stand approved as presented.

Subject: Garbage Franchise Bid Review – Mayor Petitt stated we received two bids for the garbage franchise – one from Rumpke and one from Industrial Disposal. Mayor Petitt suggested we reject both bids as neither bid everything the way we asked, especially the recycling. Member Stephens asked Mike Sweeten, Rumpke representative, if the residential garbage pickup is truly unlimited as it talks about one 90 gallon container. Mr. Sweeten stated it was unlimited with one 90 gallon container being provided initially and that one additional garbage can would be given if necessary, but they would pickup unlimited residential garbage. Member Stephens also asked about the size difference in the recycling containers. Mr. Sweeten stated they could provide two 18 gallon containers per customer if needed. Motion made by Member Armstrong and seconded by Member Bright to reject both garbage franchise bids and re-bid emphasizing that our requirements be met. On a call of vote by Clerk Doane, all members present voted “Yea”.

Motion made by Member Armstrong to re-advertise the garbage franchise bid request pursuant to Section 4 of the previous resolution with a new bid opening date of September 28 at 9:00 a.m. with consideration of the bids at the October 8 regular city council meeting. Motion seconded by Member Meadows. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Prior Year Omitted Tax Billing – Mayor Petitt reviewed with council that a few pieces of property were found to have been omitted from the city tax assessment for several years along the perimeter of the city. Mayor Petitt stated we can back tax these properties up to five years but would like to recommend that we do not do so as this was really no one’s fault and has probably been like this for years. Motion made by Member Armstrong and seconded by Member Meadows to start billing these omitted properties with the 2007 tax year and not to bill these omitted properties for any prior years. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Ordinance Establishing an Ad Valorem Tax Rate for Abandoned/Blighted Urban Properties – Attorney Brammell held the second reading of an Ordinance Establishing an Ad Valorem Tax Rate for Abandoned/Blighted Urban Properties. 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: Eminence Festival – Member Shawn Bright reported on the Music on Main activities scheduled for Friday, September 14, 2007. Member Bright stated he is not sure we want to do one in October since there are already a lot of other things being planned for that month but he can probably get a band for around $400.00 - $500.00 if we want to continue. Member Stephens stated he felt we should let September be the last one for this season. Council in agreement that September would be the last Music on Main for this year. Mayor Petitt stated that the Care Team will be participating in the Halloween activities.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council showing 340 total complaints for the month.

Subject: Property Ordinance Enforcement Report – Major Kemper reported that ten ordinance complaints have been written with four complying and six pending or doing nothing.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activities with council. Member Browning asked when Terry Carson would be back to work. It was reported that he may be back fulltime on November 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 an unanticipated dividend from our unemployment carrier in the amount of $1,644.30. Ms. Doane reported that she has re-newed several certificates of deposit at the best local rate available on the renewal date. Ms. Doane reported that all general ledger information has been taken to the auditors for commencement of the fiscal year end audit.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council. Reported that they would like to sell the old ambulance vehicle and use these funds to fix up the old bus for a command station and that he would bring this back to council for approval once the title is properly in the City’s name. Reported that the department is going to start billing on vehicle accidents with a $500.00 minimum for the first hour and $100.00 for each additional hour plus supplies.

Subject: Community Center Report – Mayor Petitt presented the August Community Center report with council. Mayor Petitt stated Saylor Aylmer has been hired by the school system as the new Director at the Center.

Subject: Mayor’s Update – Mayor Petitt reported that after further thought he does not believe we need to have a grant writer as there are only two grants of interest to us at this time and he feels we would not be able to fund the match if we received any more. The Trails Grant will be re-submitted just like it is and the Sidewalk Grant will have KIPDA assistance so no other help is necessary. Member Bright stated he would still like for us to let Kris Waldo work on this on her own and if she finds something worthwhile she could let us know.

Mayor Petitt reported that work on the Family Dollar Store is now scheduled to start on September 24th. The building is scheduled to be here in October. Stated he has asked them to proceed with mowing the lot either way.

Mayor Petitt stated he has purchased twenty-four 4 ft. lighted decorations with garland for the new street light poles at a total cost of $4,500.00. Mayor Petitt stated he would like to continue to purchase new decorations the next few years until we get everything back in good shape.

Mayor Petitt reminded council and attorney if they are interested in purchasing life insurance through the City’s group to let Clerk Doane know by Friday of this week.

Mayor Petitt reported that the Celtic Fest will be held at the Renaissance Faire on September 29th and 30th with hours of 10:00 a.m. to 10:00 p.m. on Saturday and 10:00 a.m. to 5:00 p.m. on Sunday. The cost will be $10.00 for adults and children under 12 are free.

Subject: Shooting Range Request – Mayor Petitt reviewed a copy of our City ordinance and a map of the area surrounding Mr. Edday’s property where he wants to install a shooting range. Per our ordinance a shooting range cannot be located within 2,000 feet of any structure. Mr. Edday’s property is located within 2,000 feet of other structures so per our ordinance his request cannot be granted.

Subject: Security Doors @ City Hall – Mayor Petitt stated he would like to get bids for installing panic bars on the two back doors at City Hall and is also considering a change in the front area to add a little more security. Council in agreement for the Mayor to proceed with getting bids on both projects.

Subject: Warrants - The warrants presented for payment were reviewed and discussed. 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”.

Member Bright stated he would like for us to proceed with doing something at the park/pool area. Suggested to request permission to use the pledged trail grant funds of $14,000.00 toward proceeding with some type of project. Member Bright suggested a park pavilion on a concrete slab with swing sets to be placed at the property as well. Mayor Petitt stated we will be re-applying for the trails grant next year with these pledges needed for that project. Mayor Petitt stated he is working on getting some volunteer work at the pool, from individuals in town and would like to suggest a fundraiser for the pool repairs. Member Stephens stated he feels Member Bright has some good ideas, but he would like to look at the entire park for future development rather than doing one thing now and something else later. Stated that when the school got the grant money for their park project it covered the material with the students doing the work and that we might be able to do something like this. Other discussion held. Member Meadows asked if the school had a CADD Department. School Superintendent Doug Aldridge stated he would check to see if anyone within the school system or the Job Corps could do park drawings for the City.

Subject: Closed Session – Mayor Petitt informed council we need a closed session to discuss possible litigation. Motion made by Member Meadows and seconded by Member Armstrong to go into closed session to discuss possible litigation. All members present voted “Yea”.

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 8:01 p.m.

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