EMINENCE, KENTUCKY  DECEMBER 14, 2009

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, December 14, 2009 at 6:15 p.m. at the Eminence City Hall with Mayor Jim Petitt and the following members present: Danny Meadows, Polly Troxell, Shawn Bright, Drane Stephens, Lee Ann Armstrong, and Leo Mason. Absent were none.

Pledge of allegiance held.

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

OLD BUSINESS:

Subject: Minutes – The minutes of the previous regular session held on November 9, 2009 were reviewed. Mayor Petitt asked for any additions or changes to the minutes. With no additions or changes forthcoming, Mayor Petitt stated they would stand approved as presented.

Subject: Community Center Transfer Status Report – Mayor Petitt reported that the School Board has met and have agreed to sign the agreement transferring the Community Center building to the school under the last draft we sent and which was approved by the State Department of Education. Member Meadows asked what would happen if the school stops allowing the public use as outlined in the agreement. Attorney Brammell stated we would enforce the contract thru the normal legal process. Question asked if this would involve us getting the property back. Attorney Brammell stated it would not. Motion made by Member Mason and seconded by Member Armstrong to authorize the Mayor to sign all documents necessary to transfer the property to the school including, but not limited to the deed and contract. Attorney Brammell advised that the motion should include the reasons for transfer of this property. Member Mason stated that the reasons are that it is not equitable for the City to maintain this property and that the School could benefit more than the City as most of the activities now are school related and that the School is better able to finance the operations of the Center. Attorney Brammell read a suggested motion for this transfer to council. Member Mason modified his motion to authorize the Mayor to enter into the agreement with the school concerning the transfer and to authorize the transfer by the Mayor of the Eminence Community Center property to the Eminence Independent School District and to make the following findings: 1.) That the subject property is described as follows:

BEGINNING at an existing iron pipe located in the south line of the abandoned railroad (now City of Eminence property) corner to Blanche Jones (Deed Book 128, Page 224), said point being the northwest corner of the tract conveyed to T.M. Crutcher Realty Corporation by Deed dated May 27, 1987, and recorded in Deed Book 155, Page 294, in the Office of the Clerk of the County Court of Henry County, Kentucky; thence along the south line of the abandoned railroad (now City of Eminence property) South 80 degrees 45 minutes 13 seconds East 45.31 feet to an existing iron pin and South 74 degrees 03 minutes 48 seconds East 29.47 feet to a spike set at a corner to the remaining property of the T.M. Crutcher Realty Corporation, thence with the new lines of same South 20 degrees 39 minutes 00 seconds West 123.33 feet to an iron pin and South 69 degrees 21 minutes 00 seconds East 180.73 feet to an iron pin set in the line of the Eminence Independent Board of Education (Deed Book 164, Page 229); thence, with the lines of same South 16 degrees 59 minutes 39 seconds West 199.42 feet to an iron pin (set) corner to John Coomes (Deed Book 167, Page 229); thence with the Coomes tract, William H. Tipton (Deed Book 128, Page 291), and the Robert Kincaid tract (Deed Book 165, Page 255); North 09 degrees 30 minutes 00 seconds East 197.23 feet to an iron pin (set) and North 78 degrees 01 minutes 43 seconds West 11.59 feet to an iron pin (set) corner to Blanche Jones; thence with the line of the Jones Tract North 09 degrees 15 minutes 00 seconds East 121.33 feet to the point of beginning and containing 1.118 acres.

BEING part of the same property acquired by first party by Deed dated May 27, 1987, of record in Deed Book 155, Page 294, in the Office of the Clerk of the County Court of Henry County, Kentucky.

2.) That the intended use of the property at acquisition was undetermined in that the real estate was a donation; however the property came to be the Eminence Community Center; 3.) That it is in the best interest of the City to dispose of the property because the school board is better able to finance operation of the facility and the public will continue to be served under the proposed agreement; and 4.) That the method of disposition to be used is a transfer to another governmental agency – the Eminence School District and is being transferred without compensation. Member Armstrong seconded the revised motion. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Codification Ordinance – Attorney Brammell held the second reading of an ordinance updating the City of Eminence’s Code of Ordinances. Motion made by Member Meadows and seconded by Member Troxell to adopt the ordinance as read. On a call of vote by Clerk Doane, all members present voted “Yea”.

REPORTS:

Subject: Police Department Report – Police Chief Carey Duncan reviewed the monthly activity report with council which showed total contacts of 260 for November.

Subject: Property Ordinance Enforcement Report – Chief Carey Duncan stated there were three ordinance violation notices issued in November.

Subject: Police Comments – Chief Duncan announced that Officer Parham has received the Governor’s Impaired Driving Award for the third year in a row and has won first place in Division I for the most DUI’s for a department with 10 or fewer officers during the period of November 1, 2008 through October 31, 2009.

Subject: Public Works Department Report – Public Works Employee Tim Fitzgerald reviewed the monthly activity report with council in the absence of Public Works Director William Smith.

Mr. Fitzgerald reported that we have had to do major repairs to our dump truck (bought new in 1999) which included replacing the valve guides and fuel injectors. It was discussed to consider upgrading to a different type of engine the next time we purchase a dump truck. Mr. Fitzgerald reported that we have picked up the dump truck we purchased from the County Road Department, which included a plow, spreader and emergency lights. The new pickup truck has been ordered and will have the hydraulics pre-installed for installation of a snow plow.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council reporting on receipt of the yearly bank deposit tax from both banks within the City. Clerk Doane stated we should experience an increase in property tax collection the next two weeks as the 31st of December is the last day the tax can be paid without penalty.

Subject: Request to Purchase New Office Computers – Clerk Doane reviewed a quote received to purchase new replacement computers for the City offices. We have already had to replace one workstation the first of 2009 and have replaced the Public Works Department computer in 2008; which will result in only needing a new server, two workstations, and a laptop. Our current server and two remaining workstations were purchased in 2004. Member Meadows asked why we did not take bids on this project with Clerk Doane responding that we would have to send them to our software provider anyway for setup and installation and it was felt the computers themselves were reasonably priced. The quote received was for a maximum of $7,028.00 including the indefinite amount for the installation and delivery, but Clerk Doane stated she did not feel it would be the maximum quoted. Discussion held. Council asked how much was budgeted for the computers replacement. Clerk Doane stated $7,000.00 was budgeted. Motion made by Member Troxell and seconded by Member Stephens to authorize the purchase of computers as discussed, not to exceed $7,000.00. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Fire Department Report – Member Meadows reviewed the November monthly report which showed 77 total man-hours. Member Meadows reviewed the 2009 total activity statistics with indicated 752.2 man-hours on runs only. Mayor Petitt expressed his appreciation to the Fire Department for all their hard work and dedication.

Subject: Community Center Report – Member Bright presented the Community Center activity report stating he believes the Center is already being utilized more by the school in anticipation of the transfer.

Subject: Festivals Update – Member Bright reported that Light up Eminence was successful. Member Bright indicated that we could make this bigger and better if a committee were to start earlier in the year.

Subject: Parks Update - Member Stephens stated there is no activity to report as everything is on hold for the winter months. They will start back after the first of the year on the next phase. Council requested that the volleyball net be taken down for the winter.

NEW BUSINESS:

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Meadows and seconded by Member Mason 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 Mason asked why no notification was given through our One Call system when Hussey had the chemical scare. He stated more than one person needs to be able to make the one call notifications. Clerk Doane stated others were trained on this initially and should be able to do them in her absence. The calls can be made from anywhere; however no one was notified when this happened since it occurred after office hours so no notification went out on the system. Discussion held with it being decided to send out a letter to emergency personnel who would be responding on this type of emergency to let them know of this service. Council all acknowledged that they are getting a good response from the community on this service.

Subject: Mayor’s Update – Mayor Petitt reported that he and Clerk Doane have attended a meeting on the sidewalk grant where additional information was received including a copy of a draft project development guide for local public agencies. They also learned that the City will have to bid for the engineer which voids our previous verbal acceptance of a quote from Qk4. Mayor Petitt stated he has a concern with the project development guide indicating it is a draft which could mean subject to change. Discussion held including the possibility of refusing the grant and proceeding with enforcement of our current policy of property owners being responsible for sidewalks adjacent to their property. Consensus of council to hold on this project for more information.

Mayor Petitt presented council with a copy of his response letter to the group of interested citizens concerning the condition of the Eminence cemetery facility.

Mayor Petitt stated that he has traffic concerns at the entrance to the Dollar Store on Kentucky 22 East. There has already been one accident at this location. Mayor Petitt stated he has someone from the State Transportation Cabinet who should be here this week to evaluate moving the speed limit signs and installing a flashing caution light at this location. He will also be asking them to move the speed limit on North Main out past the florist. Member Meadows asked if Mayor Petitt would also contact someone about extending the sidewalk from Scriber’s Restaurant to the newly located Dollar Store as there is no where for people to walk except in the road. A small walking bridge may also be needed. This would greatly benefit the Dollar Store customers and possibly keep someone from getting hurt at this location. Attorney Brammell stated he believes the property is leased, so we may have to contact the owner of the real estate.

Mayor Petitt discussed the installation of a street light close to the entrance of the Renaissance Faire. Discussion held. The majority of the council feels this is needed, but requested additional information prior to committing.

Mayor Petitt stated that Howard Roberts term as our representative on the planning and zoning board expires December 31, 2009. Mayor Petitt stated that Mr. Roberts has agreed to serve an additional three year term if council is in agreement. Motion made by Member Bright and seconded by Member Meadows to approve the appointment of Howard Roberts for an additional three year term as our representative on the planning and zoning board. On a call of vote by Clerk Doane, all members present voted “Yea”.

With no further business to be discussed, motion made by Member Bright and seconded by Member Mason to adjourn. All members present voted “Yea”. Meeting adjourned at 7:30 p.m.

JIM PETITT, MAYOR
CITY OF EMINENCE, KENTUCKY

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

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