Eminence Kentucky-Minutes

(NOTE: The Regular Council Meeting was not held due to a date conflict for new council members in recommended orientation programs. Therefore, this Special Meeting is the January meeting of the new and incumbent council members.)

The City Council of the City of Eminence, Kentucky met in a special called session on January 20, 2009 at 6:15 p.m. at the Eminence City Hall Council Chambers with Mayor Jim Petitt and the following members present: Danny Meadows, Polly Troxell, Shawn Bright, Drane Stephens, Lee Ann Armstrong, and Leo Mason; all having been sworn in prior to January 1, 2009. Absent were none. Several members of the public were also present.

The purpose of the special called session was to conduct the normal monthly business of the council per the attached agenda. The regular meeting date had to be changed due to training for newly elected officials.

Mayor Petitt reminded the public to turn off their cell phones; to not be talking during the meeting, and if they were not on the agenda they are not allowed to speak. Mayor Petitt also reminded council and the public that this is a special called meeting and that only those items on the agenda can be discussed.

Mayor Petitt called the meeting to order at 6:16 p.m. Mayor Petitt welcomed the new council members.

Subject: Minutes – The minutes of the previous regular session held on December 8, 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: Community Safe – Member Stephens stated he would like to table this at the present time as he is still researching possibilities and that there is a potential for this going in with our insurance package at the time of bidding.

Subject: Crumb Rubber Grant – Member Stephens stated he is still gathering information for inclusion with the grant such as county demographic information. The grant is almost written with twenty support letters so far. One bidder did not bid the proper depth of materials. Member Stephens stated that Member Armstrong is assisting him with the grant and will be meeting with a Kentucky Utilities representative to determine the proper location for lighting at the park area. They are also evaluating a climbing structure for the park and hope to have everything planned for presentation at the February meeting.

Motion made by Member Stephens to authorize Mayor Petitt to sign the crumb rubber grant application and any other paperwork necessary for this project on behalf of the City of Eminence. Motion seconded by Member Meadows. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Police Department Report – Detective Kevin Kemper reviewed the monthly activity report with council which showed total contacts of 214 for December.

Subject: Property Ordinance Enforcement Report – Major Kevin Kemper reported there was one property ordinance violation for December which was handled as soon as the Police Chief called the owner.

Chief Duncan reported that Detective Kemper was involved in a two vehicle accident with no major injuries. The first report of injury has been filed with our workers compensation and a claim has been made for our vehicle. The City will receive approximately $18,000.00 for the 2007 Ford Explorer and a separate check for damaged equipment in the total amount of $304.89. Detective Kemper stated he has checked into the price for a new vehicle under the state bidding contract and that we can get a new 2009 Ford Explorer for $20,600.00. The City has one more payment due on the 2007 Ford Explorer. Discussion held. Motion made by Member Bright and seconded by Member Troxell to authorize the purchase of a new 2009 Ford Explorer for the price of $20,600.00 with the insurance settlement money to go toward this total amount due. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the public works department monthly activity report with council. Mr. Smith stated that they repaired a water main break today on Jackson Road and that the City has finally gotten our salt allotment delivered for the year.

Mr. Smith discussed with council that our current ordinance requires the payment of a $500.00 sewer tap on fee and that some of the new developments have already done this work so the City is not having to do any work other than sometimes inspect, but mostly the state plumbing inspector does this as well. Mr. Smith stated he felt we might want to amend our ordinance to allow for a waiver of the sewer tap on fee in this type of instance. Member Meadows asked if this could affect other property with the answer being yes if the same circumstances exist. Discussion held with the consensus of council being for Attorney Brammell to draft a revision of the ordinance to allow for a waiver of the sewer tap on fee if the developer has already done all the work.

Mr. Smith stated that Bill Porter was present to address the council about the sewer and water impact fees. Mr. Porter addressed council stating that he is the developer of the Quail Run Subdivision and that when their development started in 2004 they installed all the sewer taps and that their four-plex patio home has one tap instead of four. Mr. Porter stated that per standards, a patio home uses 100-150 gallons a day whereas homes use 400 gallons per day. The current ordinance requires him to pay $8,000.00 sewer impact fees on his patio homes and they are not using that much water and sewer. He feels this cost is too high. Mayor Petitt stated that all hookups do make an impact on our system and that he does not see the difference in someone living in a patio home versus the same individual living in a house as their usage will be the same. Member Meadows asked if each unit has a separate line with Mr. Porter stating no, that they eventually go into the one connection. Member Bright asked Mr. Porter is he has found other cities to be cheaper on this. Mr. Porter stated he assumes we increase fees based upon city needs. Member Bright stated that he had not answered the question. Mr. Porter stated he has not talked to other cities about this fee.

Attorney Brammell stated that the intent of an impact fee is to build in a cost for someone to take part of our cost and capacity at our facility with the money to go toward adding capacity in the future and that our fees are reasonable and consistent with other communities. Mayor Petitt stated we currently have a sewer project underway for which these impact fees could be used for our portion of any grant received and that he thinks it should stand as written. Discussion held including whether Mr. Porter had started his development prior to the ordinance amount being changed to this impact fee amount. Mayor Petitt stated he has received calls for an investor wanting to build two 12-plex units behind the Family Dollar Store and they were told the sewer impact fee would be $2,000.00 per unit for a total of $24,000.00 per building. Member Stephens asked Mr. Porter if he felt we had changed this fee amount after he started his development. Mr. Porter stated that he was not promised anything by this administration and if he had known we would charge a $500.00 tap on fee he would have let us put them in. Council asked City Clerk to look up the details on the amount owed by Mr. Porter for these fees and to check on the ordinance dates. Mr. Porter stated he needs his water taps installed and has been told he cannot have them until he pays the money he owes for the impact fees. Council in agreement that if Mr. Porter pays the amount of money he owes on the impact fees, we will release his water taps and that he can wait on the tap on fees until after a decision is made on whether to change them. Mr. Porter stated he has only sold three units since 2004 and that this is a major expense for him but agreed to take care of the impact fees owed.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council. Clerk Doane reported that we have now collected approximately 86% of the 2008 property tax billing which she feels is on target as compared to prior years. Clerk Doane reported on a program she has installed to assist with search and retrieval of documents once everything is scanned into the system.

Member Stephens asked if council could still get a list of the warrants for January even though they had to be paid prior to the meeting to met deadlines for prompt payment. City Clerk Doane stated she would get this for council.

Clerk Doane reviewed in summary the second quarter budget comparison and asked for any questions. Clerk Doane stated that the occupational/net profits/business license tax collection is at 44% and that she will have a better idea on this after January when the business licenses are all paid and the quarterly occupational tax is paid. She encouraged any council member to come by if they have any questions. Member Bright stated he already has and that he always gets answers. Mayor Petitt stated he is concerned about the occupational/net profits/business license tax and is projecting a $150,000.00 future decrease in this area. He has asked all departments to conserve where possible. Clerk Doane stated she will do a review at the February meeting of this income category.

Subject: Fire Department Report – Member Meadows reviewed the monthly Fire Department activity report with council, showing 125 total runs for the year. Mayor Petitt thanked Danny and previous Council Member Treva Browning for the great job they do on the Fire Department Board.

Subject: Community Center Report – Member Bright reviewed the monthly Community Center activity report with council. Member Bright stated that Jazzercise has cancelled their contract with the City for use of the Center but are still located in town. Member Troxell is checking on getting a free line dance instructor for the center and she will be checking on other activities as well. Member Bright stated he feels we are getting more and more calls to use the center. He has been contacted by several groups who are interested in discussing use of the center. Member Mason asked what had become of our idea to give the Center to the School. Discussion held with the general feeling from discussions with the school personnel being that they do not want the center. Attorney Brammell reviewed his response to council on giving the center away and he feels legally it can be done. Attorney Brammell stated he understands that Superintendent Aldridge is checking with the Kentucky Department of Education on whether they could accept the center as a gift or not.

Subject: Festivals Update - Member Bright stated he feels that the new committee should meet to look at whether or not to have an Eminence Day prior to full council decision. Member Armstrong suggested the possibility of having Eminence Day in conjunction with other groups, such as PTSO Fall Festival or the Henry County Youth Kids Day in August. Member Troxell stated she feels we need to have this prior to the Renaissance Faire opening. Member Mason stated this would need a lot of work and planning. Member Bright stated he has been asked by the Renaissance Faire for our support in publicizing their faire. Member Troxell stated if we have an Eminence Day to have a group of the actors here. Member Mason stated we have to get the community involved for this to be a success. Committee will meet to discuss possibilities and suggestions for full council approval.

Subject: Parks Committee Update – Member Stephens stated he has already reported on this earlier in the meeting with the committee not having met.

Subject: Driveway Permit Ordinance – Public Works Director William Smith discussed our current driveway permit requirement and the fact that many of the new developments do not require culverts. Attorney Brammell stated that planning and zoning should govern all new subdivisions, but on existing lots they may not apply. Discussion held on whether to repeal this ordinance or revise it. Attorney Brammell stated he feels we should leave the ordinance alone, but it will have limited use. It will probably be necessary for the Public Works Director to determine for the office staff if a culvert and driveway permit is required.

Subject: Ethics Committee Reappointment – Mayor Petitt stated that Mr. Joe Lawson’s term on the ethics committee has expired and that he has spoken with him and he is willing to continue to serve. Mayor Petitt presented the name of Joe Lawson for reappointment to the Ethics Committee. Motion made by Member Meadows and seconded by Member Stephens to approve the reappointment of Joe Lawson as a member of the ethics committee. On a call of vote by Clerk Doane, all members presented voted “Yea”.

Subject: Homeland Security Grants – Major Kemper reviewed with council a homeland security grant he is working on for purchase of three shotguns. He previously applied for this grant under a different department and then it was assumed by Homeland Security. We have been approved for $987.00 and need approval for Mayor Petitt to enter into the grant agreement.

Clerk Doane reported on a second Homeland Security Grant in the amount of $59,000.00 which is for five other entities as well as the City of Eminence for the purchase of Mobile Data Computers. We would have to administer this on behalf of the other entities. Clerk Doane stated that all the other entities will have to comply with this grant if they want to be involved and if they choose not to, we can have their unit per the grant personnel. Officer O. C. Jones will be taking care of this grant other than the financial work which will be handled by Clerk Doane. We need approval for Mayor Petitt to enter into the grant agreement.

Attorney Brammell stated he has reviewed both documents with the main point for council to understand is that the one grant is being administered for other entities as well as the City of Eminence. Motion made by Member Meadows and seconded by Member Stephens to authorize Mayor Petitt to enter into both grant agreements and to sign other paperwork related to these agreements as necessary on behalf of the City of Eminence. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Engineer/Architect for TE-21 Grant - Mayor Petitt stated we will need to hire an engineer/architect for drawings and specifications for our TE-21 sidewalk grant. We received $82,500.00 in grant funds and will have to match at 20%. After meeting with the Department of Transportation they advised that we should be able to get this professional help at about 6% of the total grant or around $6,000.00. He would like permission to get quotes from local individuals who might have the expertise to do this work for us. Member Meadows stated he feels we should turn down the grant and use our budgeted funds to do sidewalk work. Mayor Petitt stated we can use in-kind work on this project for our match as well. Consensus of council for Mayor Petitt to proceed with getting quotes for this work.

Subject: Closed Session – Motion made by Member Stephens to go into closed session per KRS 61.810 (1c) to discuss pending litigation. Motion seconded by Member Meadows. On a call of vote by Clerk Doane, all members voted “Yea”. (Time 7:40 p.m.)

With no further business to be discussed, motion made by Member Bright and seconded by Member Mason to adjourn. All members voted “Yea” with the exception of Member Stephens who left during the closed session. Meeting adjourned at 7:55 p.m.

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