EMINENCE, KENTUCKY  APRIL 14, 2008

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, April 14, 2008 at 6:15 p.m. at the Eminence School Library with Mayor Jim Petitt and the following members present: George Armstrong, Richard Thomas, Jr., Drane Stephens, Shawn Bright, Treva Browning, and Danny Meadows.   Absent was none.

Pledge of allegiance held.

Mayor Petitt called the meeting to order at 6:16 p.m.

Subject:  Mayor’s Comments – Mayor Petitt read a statement to the City regarding the proposed contract to spend in excess of $237,000.00 for renovation of the swimming pool.  Mayor Petitt stated he cannot endorse spending this much money for a pool and encouraged the Council to decide on this matter with their fullest attention given to the needs of our community as a whole.  Mayor Petitt stated he hoped the City would choose fiscal responsibility and peace of mind for all individuals over three months of pleasure in the summer for a few. (See attached statement)

Subject:  Presentation – Craig Meadows presented the City of Eminence – Making Waves with approximately $2,000.00 in funds he raised from a benefit concert featuring Leo and the Moonlighters.  Craig’s fund-raising benefit was partly for his High School Senior Project. 

Subject:  Public Comments – Mayor Petitt stated the individuals who had signed up to speak would be limited to three minutes each with no rebuttal allowed.  Member Thomas asked why Manda Gingrich was first on the list.  Mayor Petitt stated she was first since she was the first to ask to speak, but if she did not want to go first we would move onto the next person.

Speaker:  Manda Gingrich  - Mrs. Gingrich stated she was asked in September of 2007 to head up a project to open the pool and that she has obtained over 700 signatures of people who want the pool open.  Mrs. Gingrich stated her group has raised approximately $27,000.00 including Craig Meadow’s fundraiser and that the Council has voted six times in favor of the pool as well as there being web polls from the Henry County Local indicating support for the project.

Speaker:  Donald Young – Mr. Young stated he is not against opening the pool, but is against using the reserve funds to do this project.  He stated he did not feel our economy can support this much money and that other communities are closing pools.  He stated the bid doesn’t even include several items which will bring the entire project over $300,000.00.

Speaker:  Doug Bates – Mr. Bates stated he is not against the pool project, but is also against using reserve funds of the water and sewer system.  Mr. Bates stated he feels a countywide project would be a better way to approach this and that the pool usage, if we were to get it open, would be good the first year and would taper off.  Mr. Bates stated that most citizens want facilities that are year round complete use facilities, not just swimming in the summer.  Mr. Bates encouraged the council to please look at all of this very hard before making a decision.

Speaker:  Harold Chisholm – Mr. Chisholm stated he wanted to correct implications that because he lives next to the pool he doesn’t want the pool, when in fact the pool has never bothered him.  He stated the City cannot grow without a proper water and sewer system and he doesn’t think we should use all the saved City funds on one project and that as an individual you would not do this, so why do this with the City’s money.

Speaker:  Fran Kelley – Ms. Kelley stated she opposes the bid and consideration of opening the pool.  She encouraged the council to vote no as this will only be used for a few weeks in the summer and that maintenance and finding employees would be a problem.  She does not want any new taxes and she knows that budget cuts and the economy are a problem for the City as well as individuals with the high price of gas.   Ms. Kelley stated the citizens need assurance that the money is there for maintenance of the water and sewer system, natural disasters, etc.   She stated she loves the kids, but a pool is not essential and practical at this time.

Speaker:  Joyce Meyer - Mrs. Meyer stated a pool would be great if the money was available.  She objects to spending emergency funds and to the manipulation and exploitation of children to coerce, cajole, or shame people into supporting the pool project.  She further stated that we don’t let children buy alcohol or tobacco or design highways so there is no reason to permit them to decide the pool issue either.

Speaker:  Bob McGee – Mr. McGee stated he was not against the pool until it progressed to $237,000.00.  He does not think the City can afford this much and that it is not feasible when there are a lot of other things that need to be done.

Speaker:  Howard Roberts – Mr. Roberts stated he feels the City did a good thing when the pool was closed several years ago.  Mr. Roberts stated the City must do well for all and be fiscally responsible and that people want the basics first and don’t need a pool. 

Speaker:  Sharon Fields – Not present.

Speaker:  Laura Whitney – Mrs. Whitney was present to discuss an incident at her secondary employment which involved Manda Gingrich and the accusations made by Mrs. Gingrich about Mrs. Whitney and others employees at the store putting the donation jar out of view.   Mrs. Whitney stated she is only speaking for herself, but she was offended by Mrs. Gingrich.  Mrs. Whitney stated it is not her job to make people put money in the jar and that the implied threats were embarrassing.

Speaker:  Helen Moore – Mrs. Moore stated that the petition mentioned earlier by Mrs. Gingrich was only to open the pool with no mention of spending $237,000.0.  Mrs. Moore stated she does not feel our economy can handle this much money for a pool.

Speaker:  Brenda Chism – Mrs. Chism stated that we have had strangers come into our community who have “made waves”; but we have also had others who have done the same thing successfully.  Mrs. Chism stated this issue has become personal with best friends splitting over the controversy. Mrs. Chism stated she too feels the bid is too high.  Mrs. Chism alleged that Mayor Petitt “gutted three pages” of the grant application making it almost impossible to get the grant and that fund-raising was sabotaged.  Mrs. Chism stated that the only recreation provided to the kids of this community is provided by the school and not the City.

Speaker:  Pat Bunt – Mrs. Bunt stated her family transferred here in 1998 from northern Ohio and the community pool was vital to their decision.  She stated she feels the pool would help keep kids out of trouble and that the cost to incarcerate juveniles would be much higher than the proposed price for the pool.  Mrs. Bunt stated that Mayor Petitt ran on opening the pool and that she did not see any news on the problems with the sewer system until the pool became an issue.

Speaker:  Jessica Martin – Not present.

Speaker:  Mike Fitzgerald – Mr. Fitzgerald donated his time to anyone else who might wish to speak.

Speaker:  Ronnie Kidwell – Not present.

Speaker:  Tom Ferguson –Mr. Ferguson stated he agrees with the others who have spoken that we cannot afford this kind of money on a pool and that the budget cannot handle this type expense without jeopardizing the City.

Member Meadows stated this has been very difficult for him due to Craig’s school project and that differences of opinion on the pool have caused tensions within his own home.  Member Meadows stated we simply do not know the definite cost and that we did everything backwards.  Member Meadows stated we need to get an engineer to develop proper specifications with the understanding that we may not be able to do this at all without an additional tax. 

Member Stephens stated he wanted to clarify that we are not deciding on whether to open the pool or not, but were deciding on this particular bid and contract.  Everyone basically agrees we did this backwards and that the proposed contract has problems.

Member Thomas stated we did not get enough bids to begin with and stated that Mayor Petitt did “bid rigging”.   Member Thomas stated he has worked on the committee for four to five months and that two firms stated they would not bid due to the specifications requiring too much insurance. Member Thomas stated that the City claims that the money is not here and that Member Meadows “found” the money in the budget.  Member Thomas stated that Mayor Petitt campaigned for the pool and that he knew what the pool would cost up-front because Council Member Meadows told him how much it would cost.  Member Thomas stated it was ridiculous to say we will bankrupt the City.  Member Thomas included several other personal remarks about some of the council members.

Attorney Brammell stated that the general rule is acceptance of a bid constitutes entering into a contract; however subsequent to actually entering into a written contract, the contract proposal and bid submittal must be clear and to the specifications.  If that is not evident and there is any uncertainty, the City should not proceed.  Attorney Brammell stated he sent each council member a letter addressing the first proposed contract.  An alternate contact has been presented.

Member Bright stated he has reviewed everything and made the following motion -  that because of the inconsistencies between the bid of Our Back Yard Leisure Specialties and the tendered contract drafts and because of the inability to review the tendered bid, the bid specifications, the tendered contract documents; and to clearly understand the work to be performed or to understand the mutual obligations of the parties and the end result of the project; it is clear that there may be a lack of clarity in the bid specifications and that there was not an agreement as to the expectations, the city and the bidder have of each other and not a clear agreement as to the terms for a contract; therefore, I move that the City not enter into a contract with Our Backyard Leisure Specialties and that it refer further consideration to the Parks and Recreation Committee for its recommendation.  Motion seconded by Member Browning.  On a call of vote by Clerk Doane, voting “Yea” were Members Bright, Browning, Meadows and Stephens.  Voting “Nay” were Members Thomas and Armstrong.  Motion carried.

Break taken at 7:15 p.m.  Meeting resumed at 7:22 p.m.

Subject:  Pool Commission – Mayor Petitt dissolved the pool commission and assigned the project to the parks and recreation committee.  Mrs. Richard Thomas stated she wants her donation back.

Member Stephens made the motion that the City should contact each and every donor and notify them of our plans to continue and obtain specifications and to spend the necessary money to have an engineer do this which he remembers being around $20,000.00; and to ask if their donated funds can be used for this project as the City proceeds.  Motion seconded by Member Browning.  On a call of vote by Clerk Doane, voting “Yea” were Members Stephens, Browning, Meadows, Bright, and Armstrong.  Voting “Nay” was Member Thomas.   Motion carried.  Member Thomas stated he would have voted yes if we had included an option to refund everyone’s money.  It was discussed that this was in the motion.  Member Stephens amended his motion to include at the end of the previous motion that the City notify all donors and offer them the option to stay in the pool project or have their money returned.  Member Browning amended her second.  On a call of vote by Clerk Doane, all members present voted “Yea”.

Craig Meadows asked how we were going to contact the kids and local people who donated through the school and his project.  Mayor deferred to School Superintendent Aldridge for his input on the kids donation.  Mr. Aldridge stated he felt the council should keep the money in the pool account as we are not dissolving the project, just changing directions.

Subject:  Smoking Ban – Mrs. Fran Kelley stated she would like for the City to consider the idea of making all public places non-smoking.  She and some of her family have allergies and smoking creates a problem for them even when they go to pick up a prescription.  Most of the restaurants don’t even have a choice of non-smoking.  Mrs. Kelley stated she feels it is time we recognize and discuss this issue since 71% per a Henry County Local survey would like non-smoking.    She stated we are the sixth leading County for smoking and teenage smoking and she would like to see some discussion on this.  Member Stephens asked what the procedure would be to do this.  Attorney Brammell will research this and bring information back.

OLD BUSINESS:

Subject:  Minutes – The minutes of the previous regular sessions held on February 11, 2008 and March 10, 2008 and the minutes from the special called sessions held on March 4, 2008, March 5, 2008 and March 24, 2008 were reviewed.  Mayor Petitt asked for any additions or changes to the minutes and with none forthcoming, stated they would stand approved as presented.

REPORTS:

Subject:  Police Department Report – Police Chief Carey Duncan reviewed the monthly activity report with council which showed total activity of 203.   

Subject:  Property Ordinance Enforcement Report – Police Chief Carey Duncan reviewed the monthly ordinance violation report with council which showed two properties pending compliance.  Council asked about the status of the revised ordinance.  Chief Duncan stated it is in the works.

Subject:  Public Works Department Report – Public Works Director William Smith reviewed the public works department monthly activity report with council.   Mr. Smith reported that Terry Carson has had his surgery and will probably be off at least another month.  Mr. Smith reported that his department has put in three new water and sewer services with three more ready to go in.  Mr. Smith recognized the great job done by Tim Fitzgerald, Terry Carson and Dustin Hamilton on the snow removal.

Clerk Doane presented a request from Hussey Copper for an adjustment of the penalty on two of their water and sewer bills.  The total penalty amount is $1,118.83 and was for two months.  Discussion held.  Motion made by Member Bright and seconded by Member Meadows to allow the adjustment in the total amount of $1,118.83 but to make sure it is understood that this will not be done on an ongoing basis.  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.  Clerk Doane reported that we had received reimbursement from the City of Pleasureville for police services.  Clerk Doane reported that we sold the 1985 Ford ambulance for $800.00.  Member Meadows asked if this money went into the Fire Department account.  Clerk Doane stated that the money went into the general fund which is were we put all money from the sale of surplus police and fire equipment and that if the department wants to spend this amount toward new equipment they can.

Clerk Doane reviewed the quote received from American Legal Publishing to update the City’s code of ordinances in the range of $2,600-3,100.  The budgeted amount for this expenditure is $3,000.00.  Motion made by Member Stephens and seconded by Member Armstrong to authorize the codification work as discussed.  On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject:  Fire Department Report – Member Browning reviewed the monthly activity report with council.    Member Browning stated that the CRC billing system is working well with some bills having been sent out.

Subject:  Community Center Report – Mayor Petitt reviewed the Community Center report with council.  Mayor Petitt reported we have had a problem with one rental of the center which resulted in damage.  The deposit of $75.00 was kept for cleanup and the renter was billed for additional damages and the inability to rent the next day.  Member Meadows stated we may need to increase the deposit amount.

Subject:  Festivals Update – Member Bright reported that the first Music on Main is scheduled for May 9 with Leo and the Moonlighters playing.  The music starts at 7:00 p.m. and lasts until 11:00 p.m.  The Church and Wesley Morrison will both be doing food and the City will provide the inflatable bouncy for the kids.  Other possible bands were discussed with Brenda Chism suggesting City Heat out of Jeffersontown.

Subject:  Making Waves Update – Manda Gingrich and Craig Meadows presented a verbal report on the Making Waves fund raising efforts to date.  Ms. Gingrich thanked Members Armstrong and Thomas for keeping their promise and supporting the efforts of Making Waves and stated she would make sure everyone knows that they supported this project and that the rest of the council did not make every reasonable effort to support the project and that the Mayor lied.  Ms. Gingrich wished Member Bright good luck with the fund-raising as the Making Waves has great credibility but the City does not.  Ms. Gingrich stated she wanted her $1,000.00 back with interest and that she would be calling Hamburger Helper to cancel the donation request on behalf of Making Waves.  Mrs. Gingrich asked Mayor Petitt if the application document taken to Frankfort was the same as the one presented by Mrs. Druin.  Mayor Petitt stated it was not and that this was a City grant and not a Making Waves grant.  Mrs. Gingrich stated that Nellie Druin told her the City automatically lost 25 points due to Mayor Petitt taking things out of the grant.  Mrs. Gingrich stated she feels the City has been unfair to the entire community.  Craig Meadows stated he had also met with Mrs. Druin and feels that some citizens should be put on the committee to continue with the pool project.  Brenda Chism stated she appreciated all the hard work of Mr. & Mrs. Gingrich and implored them to leave the Hamburger Helper grant alone and encouraged them to put this toward the project.

NEW BUSINESS:

Subject:  Eminence Education Foundation Appointment – Mayor Petitt stated the by-laws of the Eminence Education Foundation require having a City appointment in the Foundation and he recommended Jessica Hamilton.  Motion made by Member Bright and seconded by Member Browning to appoint Jessica Hamilton as the City’s representative on the Eminence Education Foundation Board.  On a call of vote by Clerk Doane, all members present voted “Yea”.   Member Bright asked for a definition of what the Foundation does.   It was stated they raise money for academic grants and scholarships and anticipate with the growth of the program that an endowment may be forthcoming form this organization. 

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

Member Bright stated he has been approached by citizens and he himself would like to know what the different fire whistle tones mean.  Member Bright suggested information and training on this from the Fire Department.

Member Armstrong stated the Prom Committee has presented some invoices totaling $219.82 and would like a donation from the City.  Motion made by Member Bright to pay up to $500.00 in expenses for Eminence Project Prom with proper receipts.  Motion seconded by Member Browning.  On a call of vote by Clerk Doane, all members present voted “Yea”.

Member Thomas asked why the meeting notices are not published in the Henry County Local.  Clerk Doane stated with a once a week paper it is almost impossible to get one in the paper in a timely manner.  Discussion held concerning some possibilities on letting the public know about meetings.

Member Browning asked if Arborview Subdivision has been accepted by the City for street maintenance.  Mayor Petitt stated that the City has not accepted these streets as they have never been brought up to specifications.  It was asked if we were creating any liability by cleaning them without acceptance.  Attorney Brammell stated no, since we were benefitting the citizens.

Member Meadows stated that he and all the other council members are for the kids of this community and that some of the comments made tonight were un-necessary and that we need to slow down and do things right as pertains to the pool.

Subject:  Mayor’s Update – Mayor Petitt reminded all departments that their budgets are due to him by April 28, 2008.

Mayor Petitt stated that Industrial Disposal has changed their garbage pickup date and that the first Friday of each month is the large pickup day, however you still need to call to schedule a large pickup.  It was suggested to put this notice on the water bills and it was suggested that Industrial Disposal re-mail their notices.

Mayor Petitt presented a request from DMMI, a promotional company working on behalf of Oxmoor Isuzu based in Louisville to allow a temporary off-site automotive sale within the City of Eminence.   Discussion held including that it may be unfair to local businesses.  Howard Roberts stated these type sales also create problems with ongoing maintenance concerns.  Member Stephens stated he would like to defer this until Attorney Brammell can review the sample ordinances.

Mayor Petitt stated he contacted Jodie McDonald on the city’s land and water grant application today and that 117 have applied for this year’s money and that no available dollar amount has been given to Ms. McDonald yet.  Last year’s available money was $420,000.00 with 129 applying for the money.

With no further business to be discussed, motion made by Member Bright and seconded by Member Armstrong to adjourn.  All members present voted “Yea”.  Meeting adjourned at 8:35 p.m.

JIM PETITT, MAYOR
CITY OF EMINENCE, KENTUCKY

ATTEST:
SANDRA A. DOANE, CITY CLERK
CITY OF EMINENCE, KENTUCKY

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