Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on September 8, 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, Drane Stephens, and Richard Thomas, Jr. Absent was Member George Armstrong. 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.

Subject: Bud Goodlett – Planning & Zoning Request for Change – Bud Goodlett with Eminence Bar and Grill on West Broadway was present to discuss his request to have the zone changed for his business. Mr. Goodlett stated he has filled out the application requesting this change to take to the Planning and Zoning officer and would like to go there with the knowledge that the City of Eminence would support this change.

Attorney Brammell stated that all changes must go before the Planning and Zoning Commission by the filing of an application. Letters are then sent to the surrounding property owners advising them of a hearing date. The hearing will be held with recommendations being made by the commission to change or not to change. The request will then be sent to the City of Eminence for consideration of the commission’s recommendation. Attorney Brammell stated he not does feel it is appropriate for the City to express any opinion or decide prior to this application for change going before planning and zoning. Mr. Goodlett stated all the neighbors have given their approval except one. Member Bright asked if this was costing Mr. Goodlett any money to file the application. Mr. Goodlett stated it is costing him $673.00. Attorney Brammell stated this cost covers advertising the hearing, sign posting and other costs associated with the request to change the zone. The City can solicit a zone change if a public interest is evident to change. Member Bright stated he wants to respect planning and zoning, but also wants to work with Mr. Goodlett all he can on this issue. Mr. Goodlett stated that the planning and zoning officer, Greg Derossett suggested him coming to our meeting prior to the request coming to him. Member Bright asked what changing to a B-3 would allow in this area which could affect other properties. Attorney Brammell stated he cannot recite them from memory but the planning and zoning book would detail permitted uses within a zone. Mr. Goodlett stated that no police calls have ever been made to his business and that he would appreciate the City’s help with this zone change.

Subject: Minutes – The minutes of the previous regular session held on August 11, 2008 and the minutes from the special called session held on August 20, 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.

Subject: Bellsouth Utilities Easement – Attorney Brammell reported that he has been unhappy with the lack of response from William Sharp with AT & T. The last e-mail from Attorney Brammell advised Mr. Sharp that we are preparing litigation to proceed with having them move their equipment off our property and charging them with trespassing. He also sent this notice by certified mail today.

Subject: Arborview Subdivision – Attorney Brammell reported he received the draft agreement today from Todd David, attorney for Jim Dobson and after he reviews it and if okay he will tender it for the Mayor’s signature.

Subject: City Hall Repair Bids – Mayor Petitt reported we have received three new bids for the city hall repair work. Mayor Petitt opened the bids as follows:

All three bidders included their proof of insurance and list of references as requested. Question asked if all three bidders had meet with the Mayor and Public Works Director to review the work. Mayor Petitt answered that they all had. Discussion held that the references should be checked and the bids reviewed closely to make sure they are inclusive of everything requested. Consensus of council for Mayor Petitt to check the references and review the bids before the bid is awarded.

Subject: Street Sweeping Bid – Mayor Petitt reported we only received one bid for the street sweeping contract. Mayor Petitt opened the bid as follows:

Discussion held. Motion made by Member Meadows and seconded by Member Browning to accept the bid for Option 2, Schedule A street list, for the price of $290.00 per month. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Ad Valorem Tax Ordinance – Attorney Brammell held the second reading of the ad valorem tax ordinance setting the 2008/2009 rates at 28.9 cents per $100 assessment for real property (compensating rate), 49.50 cents per $100 assessment for personal property and 26.6 cents per $100 assessment for motor vehicles and watercrafts. Motion made by Member Meadows and seconded by Member Stephens to adopt the ordinance as read. On a call of vote by Clerk Doane, voting “Yea” were Members Meadows, Stephens, Bright and Browning. Voting “Nay” was Member Thomas. Motion carried.

Subject: Trail Sealing – Mayor Petitt presented council with information to document that sealing the trail would be a better way to proceed with repairing the cracks and recommended that we seal the trail based upon this information. Mayor Petitt reviewed the estimate from Earl’s Sealing in the amount of $3,400.00. Council still requested that bids be let to kill the weeds and patch the bad places.

Subject: Police Department Report – Major Kevin Kemper reviewed the monthly activity report with council which showed total contacts of 236 with 23 arrests on 41 charges. Major Kemper reported that the total gallons of gas purchased and the total cost is included for July and August in their report.

Subject: Property Ordinance Enforcement Report – Major Kevin Kemper reviewed the monthly ordinance violation report with council which showed four ordinance violations.

Member Stephens asked if the property next door to Todd Toole on South Main could be added to the property enforcement list. Major Kemper reported he has contacted Roberts Realty on this property and will follow-up. Member Stephens asked if we would also check on the property across the road from Rose Hill Florist which needs mowing. It was stated it is not in the City limits. Member Stephens stated he thought the front part had been determined to be in the city limits.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the public works department monthly activity report with council. Mr. Smith reported that two 12 inch water main breaks in the Henry County system resulted in a boil water advisory for all of Henry County. The advisory was lifted on Saturday morning.

Subject: Fire Department Report – Member Meadows reviewed the monthly activity report with council including the gas breakdown by truck. Member Meadows expressed his appreciation to our Fire Department and surrounding departments for their work at the fire which destroyed the Eminence Auto Parts building recently.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reported that we received $2,041.21 in federal excise tax recovery for 2007/2008. Clerk Doane also reported that we received $5,643.50 as a health insurance subsidy from the Commonwealth of Kentucky for our participation in their plan per HB 406.

Clerk Doane reported she has completed the calculations for revision of the contract with Pleasureville for treatment of the sewage and has reviewed them with our auditor and our city engineer. The price will increase to $1.83 per 1,000 gallons from $1.27 over the fourteen year period, which is only 4 cents per year. Clerk Doane stated a July, 2009 date for changing this has been discussed. Council in agreement that they did not want to wait until July and would like for this change to take affect on January, 2009. Attorney Brammell stated that time would be a key for this agreement since a draft agreement would have to be approved by both cities and would then need state approval since it is an interlocal agreement. Pleasureville, if doing an ordinance to increase their fees, would have to have two readings and publication for their rate increase to go into affect. Attorney Brammell stated since he does represent both cities he cannot participate in any negotiations but could draft the agreement once decided upon.

Subject: Community Center Report – Mayor Petitt stated the new board at the Community Center has met with Member Shawn Bright being elected Chairperson. Member Bright reviewed the Community Center activity report with council which reported the total August attendance at the Center being 1,019 and the August rental funds totaling $239.25 and the August fitness room funds totaling $119.00. Member Bright stated that there were twelve board members present at this meeting versus the normal five or six with several facets of the community being represented on the board. The wrestling will be allowed again at the center for a fund raiser as no problems were experienced the previous time. The new director, Alex Jensen, will be sending information to the Henry County Local to let people know what is going on at the center. Member Bright reminded council that the school grant will be running out soon which means we will probably have to take over some of the expenses.

Subject: Festivals Update – Member Bright reported that the last Music on Main will be held Friday night, September 12th with Silver Wings playing. If rained out it will be moved to the following weekend.

Member Bright and Mayor Petitt reported that the Renaissance Faire would like to host the Halloween event again this year, but cannot do this on October 31st. They would like to host it on Thursday, October 30. We would keep normal trick or treating on Friday, October 31st. Member Bright stated he has contacted the other city mayors who want to have trick or treating on Friday night. Member Bright stated he has a couple of bands who are willing to play for free. We can put out the fliers again this year and continue to require a canned good for admission which helps our local food pantry. Mayor Petitt stated the Care Team will be participating this year with our only cost to be candy. Member Bright stated he is working on an application through our Family Dollar Store which might allow them to donate the candy to the City. Consensus of council to proceed with this event as discussed.

Subject: Parks Committee Update – Member Stephens reported that the parks & recreation committee have not met again and are still gathering information. They will be scheduling a meeting soon to talk with the county about the skate part proposal. They will be looking closely at all the choices before making a recommendation.

Subject: Codification Ordinance – Attorney Brammell held the first reading of an ordinance enacting and adopting the supplement to the code of ordinances of the City of Eminence.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Meadows and seconded by Member Browning 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.

Mayor Petitt recognized Member Thomas. Member Thomas stated when he took this appointment he tried to do a good job and yet threats have been made against him. He has contacted the FBI who stated he did the correct thing by contacting them. Member Thomas stated he will no longer be a candidate on the upcoming ballot for council.

Mayor Petitt recognized Member Bright. Member Bright stated he would like for the City to do something about the Merriweather drainage problem and that we should do something prior to anymore paving in this area. Member Bright stated there is a catch basin in the area which doesn’t even look like a catch basin. Public Works Director Smith stated this is not a catch basin, but a piece of grating which has been placed over a hole in the ground to keep someone from falling into the hole. Member Bright asked if we could install culverts if the property owners purchase them. Attorney Brammell stated it is not permitted for a City to enhance private property. He stated we can do work with an easement if we created the problem. Mayor Petitt stated he had found a document which would allow us to go on an easement if the City is not held liable for damages and all materials used are reimbursed. Discussion held. Member Bright asked if we can clean the drains. It was stated that doing something at one property would just create an additional problem for other properties. Member Bright stated he will take some pictures of the area the next time it rains hard. No action taken.

Mayor Petitt recognized Member Stephens. Member Stephens stated he would like for us to come up with a way to get information out to the community when something like the boil water advisory happens. The school has a program were one call is made which goes out to all the families. The program costs them $1,500.00 per year. Member Stephens asked permission to investigate this program for the City. Member Bright stated it could also be used for so many other things including the fire alarm tests, etc. Council in agreement for Member Stephens to check into this program for the City.

Subject: Mayor’s Update – Mayor Petitt reported he has still not heard on the sidewalk grant.

Mayor Petitt stated we had a situation with the air conditioner at the Fire Department and had it worked on twice with the final cost to repair being almost as much as a new unit would be. The air conditioner at the Fire Department was 17 years old and the heating unit was even older. It was recommended, based upon the price to repair, that both units be replaced. Mayor Petitt stated he called some of the council to discuss this with the consensus of those called being to replace both units at the quoted price of $4,293.00. Mayor Petitt asked for a motion to approve this purchase. Motion made by Member Meadows and seconded by Member Stephens to approve the replacement of the heating and air conditioning units at the Fire Department in the amount of $4,293.00. On a call of vote by Clerk Doane, voting “Yea” were Members Meadows, Stephens, Bright and Browning. Voting “Nay” was Member Thomas.

Subject: Closed Session – Attorney Brammell stated he had nothing for closed session. Mayor Petitt asked if council member had anything for closed session. No one had anything. Closed session not held.

With no further business to be discussed, motion made by Member Bright and seconded by Member Meadows to adjourn. All members present voted “Yea”. Meeting adjourned at 7:29 p.m.

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