Eminence Kentucky-Minutes

The City Council of the City of Eminence, Kentucky met in a regular session on Monday, September 14, 2009 at 6:15 p.m. at the Eminence City Hall Council Chambers with the following members present: Danny Meadows, Polly Troxell, Shawn Bright, Drane Stephens, Lee Ann Armstrong, and Leo Mason. Absent were 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: Petition for Speed Bumps and Signage on Sulphur Avenue – Regina Estes and Barbara Moore of Sulphur Avenue were present to present a petition from residents on that street to have additional speed bumps and signs installed. Mrs. Estes addressed council presenting the petition requesting additional speed bumps, increasing the height of the two bumps already on the street and installation of children at play signs. Discussion held with Attorney Brammell stating he has checked previously on a question of whether we can install speed bumps and that the legislation thought to be enacted was not enacted so we can proceed with installing them with the recommendation being to install speed humps instead of bumps with proper warning signage. Motion made by Member Armstrong and seconded by Member Mason to authorization the installation of two new speed humps on Sulphur Avenue, to increase the size of the current bumps on that street to make them humps, to install signs warning of the speed humps and to install children at play signs. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Minutes – The minutes of the previous regular sessions held on August 10, 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 he has gotten packets of information out to the group who will be working on the agreement for the transfer of the community center to the school. Mayor Petitt stated that full council approval will be obtained prior to the school review. Member Meadows stated that when it is time to get the school involved in the discussion he feels we should include the Chairperson of the School Board in the meetings since the school is now operating with an interim superintendent who is only there three days a week.

Subject: Ordinance Adding the Position of Water Distribution Operator – Attorney Brammell held the second reading of a summary of an ordinance adding the position of water distribution operator at a grade 27 to the city’s listed job positions. Motion made by Member Meadows and seconded by Member Troxell to adopt the ordinance as read adding the position of water distribution operator. On a call of vote by Clerk Doane, all members present voted “Yea”.

Mayor Petitt announced that Dustin Hamilton will be moving into this position and grade due to his successful certification as an operator.

Subject: Resolution Accepting Transportation Enhancement Funding – Mayor Petitt stated we have received the agreement between the City and the Commonwealth of Kentucky for our transportation enhancement funding. Attorney Brammell stated he has reviewed the agreement and listed a few concerns he has with the agreement such as the reporting requirements, that this is a reimbursement agreement and not a grant, the requirement that we maintain the sidewalks in perpetuity, and the clause pertaining to no funds guarantee being in the agreement. Attorney Brammell read a resolution authorizing the Mayor to sign the agreement and any other necessary documents relating to the project and to act as the authorized correspondent for the project. Motion made by Member Troxell and seconded by Member Armstrong to adopt the resolution as read authorizing the Mayor to enter into the agreement and act as the authorized correspondent for the project. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Subject: Ad Valorem Tax Ordinance – Due to the issue with the public hearing notice not getting placed in the Henry Council Local for two consecutive weeks and the need to change the hearing date, Attorney Brammell held another first reading of the ad valorem tax ordinance setting the 2009/2010 rates at 29.9 cents per $100 assessment for real property, 29.9 cents per $100 assessment for personal property and 26.6 cents per $100 assessment for motor vehicles and watercrafts.

Subject: Drainage Problem – Citizen Earl Lawson who lives on Merriweather Avenue arrived at this time. Mr. Lawson addressed council stating that the storm drains on Merriweather Avenue need cleaning out so that the water will not flood his property and that of Mr. Marshall every time it rains. Mr. Lawson stated that water comes at him from every direction and runs underneath his building. Mayor Petitt asked if the drains are stopped up with Mr. Lawson replying that there are no storm drains and that the ones that were previously there need to be un-covered. Mr. Lawson stated that every time we blacktop in town it creates a problem for him. Discussion held including that we do not have a drainage ordinance and to do one properly would require engineers and storm drain installation all over town. Attorney Brammell stated that the law states that water is a common enemy and it is the City’s responsibility only if we create the problem or have a prescriptive easement. Attorney Brammell stated that when he obtained sample drainage ordinances it was determined it was going to create a major expense for the City. Attorney Brammell stated there is no doubt that Mr. Lawson has a problem, but living in the City does not make it a City problem. Public Works Director Smith stated we have cleaned out the ditches, but have never taken out any drains and that with a normal rain there is not a problem and even with a large rain, the water does not stand on the property. Council in agreement to go and look at the problem to see if any resolution can be reached.

Subject: Police Department Report – Police Chief Carey Duncan reviewed the monthly activity report with council which showed total contacts of 340 for August. Chief Duncan reported that 29 individuals were arrested on 76 charges.

Subject: Property Ordinance Enforcement Report – Chief Carey Duncan stated there were twenty-two property ordinance violation notices issued this month.

Subject: Public Works Department Report – Public Works Director William Smith reviewed the monthly activity report with council reporting that the GIS mapping project is progressing well. Mr. Smith reported that the Kentucky Utilities electric upgrade project approved last month is complete. Mr. Smith reported that Mago will be here tomorrow to start the fall paving and that hopefully we can get some hot mix to do some repairs to streets at this time.

Public Works Director Smith recommended that we proceed with hiring Matthew McAllister as a permanent full-time employee. Mr. McAllister has been working for us for several months, first as a part-time seasonal employee and then as a temporary full-time employee. The consensus of council was to approve the hiring of Mr. McAllister by Mayor Petitt if he chooses to do so with the required post offer physical and drug testing; normal probation requirements; and with the stipulation the he must obtain his water and wastewater certifications within 30 months of the fulltime permanent hire date. Mr. McAllister will be offered the same package as former hire, Dustin Hamilton.

Subject: Fire Department Report – Member Meadows reviewed the monthly Fire Department activity report with council which showed a total of eleven runs/special details and 20+ manpower hours for the month.

Subject: Administrative Office Report - City Clerk Sandra Doane reviewed the monthly administrative office report with council.

Clerk Doane reviewed the quote received for updating the City’s Code of Ordinances which would fall within the range of $1,800-2,300.00. Clerk Doane reported that $3,000.00 was budgeted for this project. Motion made by Member Troxell and seconded by Member Stephens to authorize the codification project as discussed. On a call of vote by Clerk Doane, all members present voted “Yea”.

Subject: Community Center Report – Member Bright stated he had no written report with most everything being in limbo waiting on the outcome of the transfer of the Center to the School.

Mayor Petitt stated he does need to make some Board Member appointments/replacements as follows:

Motion made by Member Bright and seconded by Member Armstrong to approve the appointments/replacements as recommended for the Community Center Board. On a call of vote by Clerk Doane, all members voted “Yea” with the exception of Polly Troxell who abstained. Motion carried.

Subject: Festivals Update – Member Bright reported there is no additional report on Eminence Day. Member Bright reported that the attendance for the last Music on Main for the season was down. Member Bright reported that he has negotiated with the Renaissance Faire to let us do the Halloween party at their site again this year and that Friday, October 30th has been established as the date. We will be doing the same setup as last year with a canned good required for admission. Member Bright reported he has called the other Mayors in the County and they are doing Trick or Treating on Saturday night. Member Bright recommended we do the same.

The Light up Eminence festivities was discussed including that a 65 man Marching Band will be attending from Fort Knox. Light up Eminence will be held on the first Saturday in December which is December 5th.

Subject: Parks Update – Member Stephens reported that the painting at the bathhouse is complete and looks good with the only other work on the building needed, which we might want to do before winter, is sealing the roof on the bathhouse. Member Stephens reported that he has been told by Curtis Moss that the band cannot perform now for the grand opening of the park on Thursday which is very frustrating as they had a special song prepared. Council in agreement that Member Stephens should do his best to get this decision reversed. Member Stephens stated there will be several speakers including Steve Frommeyer and one of Coach Douglas’s former students. Member Stephens asked if the Mayor wanted to emcee and speak on behalf of the City. Mayor Petitt stated he did not mind to do so, but suggested that one of the committee members do this as it was their project. Member Stephens was asked to emcee and agreed to do so.

Member Armstrong reported the weeds around the park sign have been taken care of with the one dead bush to be replaced. She would like to have dirt installed around the basketball court to eliminate the drop off. Mayor Petitt reported this is already being worked on. Member Armstrong presented council with a suggested drawing of a warrior head which she recommends be installed on the basketball court. The quote to do this work is $259.39. Motion made by Member Meadows and seconded by Member Bright to approve this project not to exceed $260.00. On a call of vote by Clerk Doane, all members present voted “Yea”.

Member Armstrong presented council with a quote to install concrete corn hole boards which weigh between 1,000 to 1,500 pounds at the park for a price of $1,500.00 delivered, set and leveled. Discussion held with Member Stephens recommending that we include this as we look at our entire Phase II. Council in agreement.

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”. Motion carried.

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

Member Mason reported that he has been asked if Myrtle Street can be repaired before winter. Mayor Petitt stated there are nine families who live on this street and that he has talked with one of the residents, Wayne Gunnell, today. Mayor Petitt stated he will call Representative Rick Rand to see if any money is available for street repairs. Member Meadows pointed out that the street is not the proper width.

Member Troxell reported that she has been contacted about water standing in the road at the entrance to the Elmcrest Subdivision. It was discussed that the drain on State Highway 22 probably needs cleaning out. Mayor Petitt stated he would contact the state about this issue.

Subject: Mayor’s Update – Mayor Petitt reported he has nothing new to report.

Subject: Special Called Meeting – Mayor Petitt reminded council of the public hearing and special meeting scheduled for Wednesday, September 30th at 6:15 to hear public comments about the proposed property tax rates and to hold the second reading of the property tax ordinance.

Subject: Closed Session – Motion made by Member Meadows and seconded by Member Mason to go into closed session per KRS 68.810(1)(b) to discuss the possible sale/purchase of property. On a call of vote by Clerk Doane, all members present voted “Yea”. Closed session commenced 7:35 p.m.

With no further business to be discussed, motion made by Member Meadows and seconded by Member Stephens to adjourn. All members present voted “Yea”. Meeting adjourned at 7:47 p.m.

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