Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, July 13, 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. Absent was none.

Mayor Petitt reminded everyone to have their cell phones either off or on silent and not to ask to speak unless on the agenda.

Subject: Speeding on Lou Avenue – Allison Raisor of 67 Lou Avenue was present to discuss speeding on Lou Avenue and the danger this provides to kids playing in this area. Ms. Raisor presented a list of names, stating they agreed with her that something needs to be done to control the speeders. Discussion held with Mayor Petitt indicating he has checked with the Housing Authority on ownership of the streets and that we do own them. Installation of speed bumps was discussed with Attorney Brammell indicating there is new legislation on speed bumps which will need to be looked into. Chief Duncan indicated that his department could patrol more in this area, but the kids playing in the road is a dangerous situation and they need to stay out of the road. Consensus of council to check on the criteria and type of speed bumps with the state and the new legislation; to proceed with installing additional signage and to step up the police patrol in this area.

Subject: Minutes – The minutes of the previous regular sessions held on June 8, 2009 and the special session held on June 17, 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 – Attorney Brammell reported there is no change in the status of the community center transfer and that we are still waiting on the State Department of Education to give their approval of the agreement. Mr. Brammell indicated he has talked with Brenda Chism, Chairman of the School Board, who inquired on the status as well. Ms. Chism indicated she would follow-up on this with the interim superintendent.

Subject: Ordinance Regulating Maintenance of Structures and Real Estate – Member Bright stated that the ordinance committee has met and reviewed in detail the proposed property enforcement ordinance and recommend its passage without any changes. Attorney Brammell held the second reading of the summary of the revised ordinance regulating maintenance of structures and real estate. 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”. Motion carried.

Subject: Police Department Report – Police Chief Carey Duncan reviewed the monthly activity report with council which showed total contacts of 260 for June. Chief Duncan reported that 30 individuals were arrested on 57 charges.

Subject: Property Ordinance Enforcement Report – Chief Carrey Duncan stated there were two property ordinance violations this month, with two now in compliance.

Subject: Police Cruisers – Chief Duncan requested authorization to proceed with ordering the two budgeted patrol vehicles. Chief Duncan indicated that based upon the Kentucky state master contract price the cost would be $20,699.00 per vehicle with three annual payments of $14,880.83 through Ford Motor Credit. Using the state contract price saved the City $11,316.00 per vehicle or $22,632.00 for both vehicles on the initial pricing. Motion made by Member Armstrong and seconded by Member Troxell to authorize the purchase of two 2010 Ford Explorer XLT police vehicles under the state contract price of $20,699.00 per vehicle and to authorize the financing as detailed. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Public Works Department Report – In the absence of Public Works Director William Smith, employee Dustin Hamilton reviewed the monthly activity report with council. Mr. Hamilton reported that the blacktopping crew is scheduled to be back in August to do re-surfacing on Blackaby Lane and Vernon Avenue. Mr. Hamilton reported that new “Welcome to Eminence signs” have been purchased and will be installed soon. Council thanked employees, Dustin Hamilton and Matt McAllister for all their assistance on the park and other recent projects.

Subject: Mower Purchase – In the absence of Public Works Director William Smith, Clerk Doane requested authorization to proceed with purchasing the budgeted zero turn Scag Wildcat mower in the amount of $7,169.04. Clerk Doane reported this is based upon the Kentucky state master contract price which saves us $3,137.96 and that we are also receiving a $900.00 trade in allowance for an old broom. Council asked about the broom being traded in with Clerk Doane indicating it is an attachment to the skid steer which has not been used in several years due to poor performance. Motion made by Member Stephens and seconded by Member Troxell to authorize the purchase of the mower as discussed and to declare the broom, which was originally purchased to assist with street cleaning and is no longer needed as it did not perform well, as surplus property and to authorize trading it in on the mower. On a call of vote by Clerk Doane, Members Stephens, Troxell, Meadows, Bright, and Mason voted “Yea”. Member Armstrong voted “Nay”. Motion carried.

Subject: Kentucky Utilities Upgrade - In the absence of Public Works Director William Smith, Clerk Doane requested authorization to proceed with the Kentucky Utilities upgrade which is budgeted at $15,000.00. This has been a proposed project for several years with the price increasing each year that we do not proceed. This project will help eliminate loss of electricity at one of the major industrial pump stations on Mulberry Road when something happens at the main service pole. Consensus of council for Public Works Director Smith to confirm that the current bid price is still valid and to discuss the project in more detail with him at the next meeting before authorizing him to proceed.

Subject: Energy Savings Agreement Proposal - In the absence of Public Works Director William Smith, Clerk Doane reviewed an energy savings maintenance proposal from Graybeal Air Systems to provide preventative maintenance services on eleven different heating/cooling units for the City. The total price would be $1,980.00 per year. Consensus of council to hold up on this pending the outcome of the community center transfer and a review of the repair costs to heating/cooling units for previous years.

Subject: Backhoe for Sale Bid Opening – Mayor Petitt opened the following bids for sale of the City’s surplus backhoe:

Motion made by Member Armstrong and seconded by Member Stephens to approve the bid from Henry County Country Club to purchase the City’s surplus backhoe in the amount of $11,001.00. 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 have received total reimbursement less the deductible from our insurance company for the replacement maintenance building. Ms. Doane indicated that June is a slow month for income with one of the larger items received during June being the Kentucky Utilities franchise payment. Clerk Doane stated her office personnel are finalizing the general ledger work so the auditors can begin preliminary work on the audit for fiscal year ending June 30, 2009.

Subject: Occupational Tax/Net Profits/Business License Review - Clerk Doane reviewed the occupational/net profits/business license tax collection which ended up for the fiscal year at 93% of the budgeted amount.

Subject: Fire Department Report – Member Meadows reviewed the monthly Fire Department activity report with council which showed a total of almost 82 manpower hours for the month and sixteen runs and special details.

Subject: Community Center Report – Member Bright stated he had no report as their meeting was not held due to lack of a quorum. A replacement will need to be named for resigning school superintendent Don Aldridge.

Subject: Festivals Update – Member Bright reported that this months’ Music on Main was a great success with the largest turnout yet. Member Bright stated that he and Council Member Leo Mason discussed prior to the event that Mr. Mason could not be paid for his music services due to a possible conflict of interest. Mr. Mason agreed and did provide his services free of charge at the Music on Main with only the band members being paid. Member Bright stated he would like to address this so that Mr. Mason could be paid for his services the next time he is asked to perform. Attorney Brammell stated that the City cannot contract with an officer or employee of the City unless specific requirements are satisfied which find that the contact is in the best interest of the City. Motion made by Member Bright to approve entering into a contract to have Leo Mason provide music on August 8, 2009, at a total cost for himself and his band to the City of $800.00 for the providing of music with the reasons to allow this being his local stature in the community and the unique ability of his talents and draw to the public that no other person can provide the same service in the same way and it is in the best interest of the City that Leo Mason provide the services not withstanding that he is an officer of the City. Motion seconded by Member Meadows. On a call of vote by Clerk Doane, voting “Yea” were Members Bright, Meadows, Troxell, Stephens and Armstrong. Abstaining was Member Mason. Motion carried. This will need to be addressed each year. Member Mason stated he was aware of the ethics ordinance and the possible conflict of interest and had no problem doing this for the City for free on July 10th.

Member Armstrong reported on the Eminence Day planning. Member Armstrong thanked Clerk Doane for attending the last meeting and reviewing the financial questions the group had. The booths are being rented for $25.00 with these funds to go toward paying cleanup crews which will probably be school groups. Due to the unique nature of allowing our youth groups to do this service as fundraisers, all businesses are being asked to require payment for a booth rental to anyone using their property. Letters went out to the businesses accordingly. The committees are meeting regularly with a large parade scheduled for 10:00 a.m. and the final music event to be around 11:00 p.m. There are currently eight food booths and many other booths. There are seven entertainment groups with three of them being Christian groups. Other activities include cornhole games, a safe house, Little Mr. & Miss Eminence, 3 on 3 basketball tournaments, etc. Member Armstrong stated she has ordered bright orange t-shirts for the committee members so they can be easily recognized on Eminence Day. We have received a lot of donations of items from the community as well. Member Armstrong stated she appreciates Cheryl Preston, Sandi Hayden, and Glenn Simpson who are working really hard on this event.

Subject: Parks Update – Member Stephens reported that we have accomplished everything which was discussed at the last meeting with Phase 1 now being complete at the Park.

Member Stephens presented a proposal from Steve Metcalfe to provide the landscaping under the Coach D sign at a price of $203.00 for 18 bushes with the labor being provided for free by the Eminence Varsity Football Team under Coach Metcalfe’s supervision.

Member Stephens reviewed a lighting bid he received which would install lights in two areas – one on each side of the basketball court which could be remotely controlled for a price of $25,000.00. As this would use our entire budget for the year, his recommendation would be to look at other ideas.

Discussion held on the landscaping including the probable need for mulch/dirt. Motion made by Member Stephens and seconded by Member Armstrong to authorize the landscaping as outlined not to exceed $350.00 total including the mulch/dirt. On a call of vote by Clerk Doane, all members present voted “Yea”. Motion carried.

Member Stephens asked about the painting of the old bathhouse/restrooms building and whether we want to paint inside and outside. Discussion held including the need to paint the old light poles. Motion made by Member Stephens and seconded by Member Troxell to authorize painting the outside of the bathhouse and pump house not to exceed $600.00 with volunteer labor to be utilized. It was decided to bid the work on the light poles. On a call of vote by Clerk Doane, all members present voted “Yea”. Motion carried.

The dedication of the park was discussed with August 7th at 1:00 p.m. being decided for the grand opening/dedication subject to approval of the Douglas family and the school.

Subject: Street Closing – Discussion held on needed temporary street closings for Eminence Day. Motion made by Member Armstrong and seconded by Member Meadows to authorize the temporary closing of the lower half of East Broadway beside Vive Salon and Depot Avenue to Main Street from the corner of City Hall in the back and the front of the Police Station. On a call of vote by Clerk Doane, all members present voted “Yea”. Motion carried.

Subject: Warrants - The warrants presented for payment were reviewed. Motion made by Member Meadows and seconded by Member Stephens to approve the warrants for payment as presented. On a call of vote by Clerk Doane, all members present voted “Yea”. Motion carried.

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

Member Bright stated when we consider the speed bumps for Lou Avenue we need to remember we have previously been asked to have them installed on Zelcova Avenue as well.

Member Armstrong stated she has received several calls on the park from the public expressing their delight with the park. Member Troxell stated it is being well utilized by families.

Subject: Mayor’s Update – Mayor Petitt reported he has talked with Frankfort on the TE grant and was told we should get our contract within 30 days.

Mayor Petitt reminded council/public about the recycling bins located at the Presbyterian Church.

Member Troxell stated her previous statement about the elderly going to the Church for shelter purposes included the entire community not just the elderly. Mayor Petitt stated the Baptist Church has given their approval to use their facility as an emergency shelter during storms with City Hall to be the first stop.

Mayor Petitt reported that soda machines have been installed at the Park and the Community Center.

Mayor Petitt reported that the basketball backboards at the Community Center need replacing with one being totally busted. He has spoken with the company on these with us being the only place around who has any issue with these which indicates abuse. The minimum cost to repair one is $752.25. The other backboard is also cracked as well. We replaced both of these two years ago. Consensus of council not to fix these and to have Mayor Petitt talk with the interim superintendent about the lack of supervision going on at the Center.

Mayor Petitt stated he has received a call on renting the park with him advising the caller that we will not be renting out the entire park just the pavilion. Discussion held on whether to charge for the pavilion use and how this would be monitored.

Motion made by Member Troxell to require a deposit of $50.00 for use of the pavilion which would go toward cleanup after the use if the renter did not do their own cleaning. Discussion held on who would inspect this and that on the weekend you could have a subsequent user trash it up after the initial user had cleaned it up. Member Troxell agreed and withdrew her motion. The consensus of council was to take reservations only at this time with a signed agreement and to require cleanup of their own trash with this to be reviewed and if a problem exists we can change this to an actual rental.

Mayor Petitt stated that a statement/rumor has been made that the City has an ordinance which only allows one grocery store in town. Attorney Brammell stated we have no such ordinance and if we did it would be un-enforceable.

With no further business to be discussed, motion made by Member Meadows and seconded by Member Troxell to adjourn. All members present voted “Yea”. Meeting adjourned at 7:54 p.m.

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