Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on October 13, 2008 at 6:15 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: Danny Meadows, Treva Browning, Shawn Bright, Richard Thomas, Jr. and George Armstrong. Absent was Member Drane Stephens. Several members of the public were also present.

Mayor Petitt reminded everyone to turn off their cell phones and if they were not on the agenda they are not allowed to speak.

Mayor Petitt announced that at last month’s meeting several complaints were told to him about people talking and disrupting others ability to hear and that if this happens tonight they will be asked to take their conversations outside.

Subject: Make a Difference Day - Cindy Norton, President of Friends for Michael was present to discuss with council the Make a Difference Day she is heading up which will involve the entire community in helping to raise funds for an all accessible playground being built in the new Henry County Recreation and Service Park. The cost for this playground is $150,000.00. She presented the idea to the council that it might be more feasible for the City to join with her on a countywide playground rather than each community trying to do one of their own. The Make a Difference Day will be on October 25th from 9 a.m. to 4 p.m. There will also be a night event at the Smith Berry Winery with country singer, Michelle Murray, providing a concert. Mayor Petitt asked council if they had any questions.

Subject: Magistrate Resignation – Wayne Gunnell was present to advise council that he has taken a job in Frankfort as a policy advisor and has resigned as county magistrate. To his knowledge no replacement has been named by the Governor. The County Judge has asked, at least one person he knows of, to consider the position. Mr. Gunnell expressed his appreciation to the City for allowing him to represent them for many years and also stated that the City of Eminence has good employees and he has enjoyed working with long time employees, Bill Smith and Sandy Doane. He thanked them for their many years of service to the City.

Subject: Oak Drive and Arborview Subdivision –Micheel Gambrel, who resides in Arborview Subdivision, was present to inquire if a date has been set for repairs on Oak Drive in Arborview Subdivision. Attorney Brammell stated that an agreement has been entered into with the developer, Jim Dobson for the necessary repairs with the City to assume responsibility for the streets in this subdivision after one year. The existing asphalt is to be removed; gravel installed and allowed to settle for one year, and asphalt to be laid after the settling.

Ms. Gambrel stated she is very frustrated with this whole situation and that she called the Mayor who had Bill Smith call her back. She stated she pays taxes and is pushed aside. Mayor Petitt stated the road still belongs to Mr. Dobson with this agreement being a place to start for the City to obtain ownership and maintenance responsibility. Ms. Gambrel asked why the city cleans snow and does other work in this area if it does not belong to the City. Ms. Gambrel stated no one returns her calls on this problem.

Attorney Brammell stated that within the City there are public streets, but since these have not been accepted they fall under the private party rule. These particular streets were platted prior to planning and zoning which put them outside of the planning and zoning rules. Ms. Gambrel stated we are no closer to a resolution now than two years ago. Attorney Brammell stated we are really closer to a resolution with the agreement and that details of the agreement had to be worked out. Ms. Gambrel stated she has talked for months to council members with nothing being done by anyone. Ms. Gambrel left the meeting.

Subject: Minutes – The minutes of the previous regular session held on September 8, 2008 were reviewed. Mayor Petitt asked for any additions or changes to the minutes. Member Thomas stated he does not approve of the minutes and that he told Clerk Doane why he doesn’t approve them. Member Bright asked Member Thomas if he wanted to bring up a particular problem with the minutes. Member Thomas declined to do so. Motion made by Member Armstrong and seconded by Member Meadows to approve the minutes as presented. On a call of vote by Clerk Doane, voting “Yea” were Members Armstrong, Member Meadows, Member Browning, and Member Bright. Voting “Nay” was Member Thomas.

Subject: Bud Goodlett – Planning & Zoning Request for Change – Mayor Petitt stated he received the original findings documentation from planning and zoning today on the request from Bud Goodlett with Eminence Bar and Grill on West Broadway to have his property changed to B-3. Mayor Petitt stated if the council decides to discuss this finding, that he has granted Bud Goodlett permission to address the council.

Attorney Brammell stated that our options for this zone change finding by planning and zoning include doing nothing which would allow the recommendation to automatically be implemented within 21 days of the date of the action; we can hear the zone change recommendation tonight using planning and zoning’s records; or we can have our own hearing at a later date which would require action within 60 days.

Member Bright asked if we know that the surrounding property owners did receive letters to attend the hearing. Attorney Brammell stated planning and zoning is required to notify all surrounding property owners. Motion made by Member Bright to respect the recommendation made by planning and zoning and allow this property to be changed from B-2 to B-3 within the 21 days and to not hold our own hearing. Motion seconded by Member Meadows. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Bellsouth Utilities Easement – Attorney Brammell reported that the City has received payment for the easement and the easement document has been sent to Bellsouth.

Subject: Arborview Subdivision – The agreement with Jim Dobson was discussed previously under Ms. Gambrel’s complaint. Member Bright stated he wishes we could come up with a solution for this problem. Member Meadows asked if we could put more gravel in the hole to ease the problem until the developer can get started. Mayor Petitt stated we would look into this.

Subject: City Hall Repair Bids – The references requested to be obtained have been provided by Mayor Petitt with it being appropriate to award the contract should council desire based upon the bids received last month for the city hall repair job. Member Meadows stated why not do partial repairs instead of the full job as bid. Mayor Petitt stated he feels it may cost just as much as there are numerous bad places. Member Bright stated that $16,000.00 - $20,000.00 is a lot of money to spend especially in this bad economy, but he does understand the need to be fixed. Member Thomas made the motion to accept the lowest bid from Jeff Perry & Sons in the amount of $16,385.00 to repair the city hall building as bid last month. Motion seconded by Member Browning. On a call of vote by Clerk Doane, voting “Yea” were Members Thomas, Browning, Meadows, and Armstrong. Voting “Nay” was Member Bright.

Subject: Trail Sealing – Mayor Petitt stated we had two contacts about the trail sealing bid, but no bids were actually received. Mayor Petitt stated that Earl’s Sealing expressed verbally that the cost would be about the same as there are several cracks. Consensus of council to do nothing and forget this project for now.

Subject: Codification Ordinance – Attorney Brammell held the second reading of an ordinance enacting and adopting the supplement to the code of ordinances of the City of Eminence. Motion made by Member Meadows and seconded by Member Armstrong to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Police Department Report – Police Chief Carey Duncan reviewed the monthly activity report with council which showed total contacts of 201 with 24 arrests on 52 charges.

Subject: Property Ordinance Enforcement Report – Major Kevin Kemper reviewed the monthly ordinance violation report with council which showed one ordinance violation which has until October 22, 2008 for compliance.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the public works department monthly activity report with council. Mr. Smith reported they have started their fall fire hydrant flushing. He reported they had a water main break on September 30th on Jackson Road with the call out at midnight and finishing up at 5:30 a.m. Mr. Smith also reported that Leak Eliminators have been here assisting with clean out and review of sewer mains. Several pumping stations were also vacuumed out. Mr. Smith reported that Mago Paving will be here on the 20th to start the blacktopping. Mr. Smith reported that we have been unable to get a new supply of salt; however we have enough salt for probably three storms. Member Thomas asked how much the spreader cost and if we could have installed it ourselves. Mr. Smith stated he believed it was around $3,200.00 and the installation was included in this cost.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reported that the 2008 property tax bills were mailed on September 30, 2008 and that we will collect probably 75% of the amount due during October due to still allowing the 2% discount for payment during October. Clerk Doane reported we have received our first cost recovery payment for services for the Police Department in the amount of $203.00

Subject: Pleasureville Wastewater Treatment Contract – Clerk Doane and Mayor Petitt reported on the meeting with Mayor Young and City Clerk Stivers of Pleasureville concerning the new costs for treatment of Pleasureville’s sewage. Mayor Young requested for them to pay ½ of the increased amount for the period of July, 2009/June 30, 2010 and then add the other ½ for July, 2010/June 30, 2011 with the understanding it would be time to look at the contract again. Member Thomas stated we need to stick to the total amount of .56 that we are asking for. Members Meadows and Browning stated they agreed and that this amount is not too much considering the amount of time which has passed since the original contract. Council all in agreement to proceed with the full .56 increase.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council including the total monthly gas usage of $206.28. Member Meadows stated the department has filed a $15,000.00 hose replacement claim with Eminence Auto Parts insurance company for damaged hose.

Subject: Community Center Report – Member Shawn Bright reviewed the monthly community center report with council detailing total attendance for September of 1,235 people. Member Bright reported the new board has been established and they are trying to get the rentals up.

Subject: Festivals Update – Member Bright reported that he plans to put flyers out to all the lower grade kids through the school systems on the Halloween activities at the Renaissance Faire. Everything at the Faire will be free with the exception of the haunted forest. The haunted forest is being put on by 30 Eminence High School seniors as a fund raiser. There will even be a free band playing this year. The activities at the Renaissance Faire are from 6:00 to 8:00 p.m. on October 30, 2008 with Trick or Treat on Main being from 4:00 to 6:00 p.m. on October 31, 2008 and regular house to house trick or treating being from 6:00/8:00 p.m.

Member Bright reported that Light up Eminence is scheduled for Saturday, December 6, 2008.

Subject: Parks Committee Update – Member Meadows reported that the parks & recreation committee met with individuals from New Castle to discuss the possibility of a skate park in Eminence. Member Meadows stated discussion was held on starting phase work at the park for other projects. Member Bright stated that the general consensus of our parks and recreation committee is that a skate park is not the way to proceed.

Subject: Police Station Window Replacement – Mayor Petitt reported that the police station front window has dropped down and has a rotten frame and he is concerned about it falling out and hurting someone. He obtained two quotes as follows on replacing this window:

Discussion held. Motion made by Member Browning and seconded by Member Meadows to accept the lowest quote of $2,542.00 from Glass & Metal Systems, Inc. to replace the damaged window. On a call of vote by Clerk Doane, voting “Yea” were Members Browning, Meadows, Bright, and Armstrong. Voting “Nay” was Member Thomas.

Subject: Red Flag Rule – Attorney Brammell reported that the Federal Trade Commission has issued regulations known as “Red Flag” Rules which require utilities to adopt an identity theft prevention program by November 1, 2008. Attorney Brammell reported that he, Mayor Petitt and Clerk Doane met and used a model policy to come up with the one being presented tonight for approval. Attorney Brammell read a resolution to adopt the identity theft prevention program for the City of Eminence. Motion made by Member Bright and seconded by Member Meadows to approve the resolution adopting the City of Eminence Identity Theft Prevention Program as presented. 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 Bright to approve the warrants for payment as presented. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: New Business/Council - Mayor Petitt asked if any council member had anything they wanted to discuss.

Member Bright stated he would like the records to reflect that he voted “Nay” on spending the money, not “Nay” to making the repairs on the city hall building.

Subject: Mayor’s Update – Mayor Petitt reported he has heard through KIPDA that we have been approved for our $82,000.00 sidewalk grant request which will require $20,000.00 match on the City’s part which is in the budget. Member Browning asked how this grant would work. Mayor Petitt stated we sent in a list of proposed sidewalks which needed replacing with the grant application, but we can amend this if the council has any problem with the areas picked. We will be receiving information on how and when we can proceed.

Mayor Petitt reported that Sweep All will begin cleaning the city streets as previously agreed to on October 19, 2008 and will do them on the third Sunday of each month.

With no further business to be discussed, motion made by Member Bright and seconded by Member Browning to adjourn. All members present voted “Yea”. Meeting adjourned at 7:16 p.m.

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