July 11 2011 Council Meeting Minutes


The Elkton City Council met in regular session on Monday, July 11, 2011 with Mayor Nancy T. Camp presiding.

City Council members present: Eugene Jefferson; Jimmy Scott; Danny Laster; David Powell; Cindy Sidebottom; and, Doug Gibson.

Others present: City Clerk/Treasurer Laura Brock; Utility Superintendent Terry Frogue; Police Chief Bruce Marklin; City Attorney John P. Kirkham; and, Elizabeth Johnson, Todd County Standard.

Mayor Camp called the meeting to order at 7:00 PM and led the pledge of allegiance. Mr. Danny Laster gave invocation.

After reviewing the minutes of the June 14, 2011 special council meeting, bills payable and financial reports, Mr. Jefferson motioned to approve, seconded by Mr. Powell and carried unanimously.

Clerk Brock read second reading of Ordinance 2011-8, “ORDINANCE ADOPTING COMPENSATION PLAN AND PAY SCALE.” Ms. Sidebottom motioned to adopt after second reading and seconded by Mr. Scott. Motion carried unanimously by show of hands.

Mr. Frogue updated the council on the progress of the West Main and Highway 68/80 Sewer Extension Project. The extension has been completed with only ground finish work remaining. Also, regarding the Commerce Street Sewer Line Extension, the construction crew has encountered quite a bit of rock and has had several equipment breakdowns. Mr. Jefferson asked if here has been any progress on the Riverbend Subdivision. Mr. Frogue stated the road is partially built and a house has been started without the proper permit. Work still needs to be completed on the retention basin. After discussion, Clerk Brock presented Construction Funds Request No. 2 for West Main and Highway 68/80 Sewer Project with the following request: McGhee Engineering – $1,710.00 and Garrison Construction – $10,099.04. Mr. Laster motioned to approve the pay request and seconded by Mr. Gibson. Motion carried unanimously. Clerk Brock presented Construction Funds Request No. 1 for Commerce Street Sewer Extension Project with the following request: McGhee Engineering – $3,660.00 and WHF, Inc. – $21,392.48. Mr. Jefferson motioned to approve the pay request and seconded by Mr. Powell. Motion carried unanimously.

Mayor Camp presented a request from the Todd County Industrial Foundation for the FY 2012 contribution in the amount of $10,000. There was no action taken.

Terry Frogue updated the council on the process he follows sending notices of code violations and citations as Citation Officer. He stated that in several situations the property is vacant, the owner cannot be found and certified letters are rejected or returned. He has spoken with the Citation Officer in Paducah who posts a sign on the property to notify the owner of a violation. Mr. Kirkham reviewed the state law and stated that the KRS now allows posting the violation on the property if personal service cannot be made. Paducah posts the sign on the property and takes a picture for the file showing it has been posted. Mr. Kirkham stated the city’s ordinance would need to be updated to allow posting the violation on the property. After discussion, Mr. Jefferson motioned to amend the ordinance to allow posting the notice on the property. Motion seconded by Ms. Sidebottom and carried unanimously.

Mr. Kirkham also discussed Code Enforcement Board liens. Clerk Brock passed out a list of several properties in the city that now have several thousand dollars in liens for failure to pay civil fines issued by the Code Enforcement Board. To force the sale of the property to collect the liens would cost several thousand dollars. Clerk Brock questioned how far the council wants to go to enforce the liens. Also, if the house has a mortgage, it would come before the city’s liens in priority. It is possible the city would not receive any money when the property is sold. Mr. Kirkham stated the state legislature recently passed a law that certain nuisance liens enforced by the Code Enforcement Board can take precedent over a mortgage. However, the council would also need to amend the city’s ordinances to allow this. The council decided to take no action on the liens at this time and discuss at the next meeting. Ms. Sidebottom motioned to amend the city’s ordinance to allow the liens to take priority over the mortgage. Motion seconded by Mr. Gibson and carried unanimously.

Mayor Camp reported she has received a letter of resignation from Brigette Bishop of the Recreation Commission. Mr. Powell motioned to accept the resignation and seconded by Ms. Sidebottom. Motion carried unanimously.

Mayor Camp recommended the reappointment of Bridgette Robinson to another term on the Recreation Commission. Mr. Scott motioned to approve and seconded by Mr. Laster. Motion carried unanimously.

Mayor Camp recommended the reappointment of Billy Gant to another term on the Recreation Commission. Mr. Jefferson motioned to approve and seconded by Mr. Laster. Motion carried unanimously.

Mayor Camp reported that several people have inquired about renting the city’s property on North Main Street (Bailey Building). The front of the building is in good condition but the ceiling tiles need to be replaced. Mayor Camp would like to use funds in the Building Maintenance Fund to make these repairs. Mr. Powell motioned to approve the repairs and seconded by Ms. Sidebottom. Motion carried unanimously.

Mayor Camp stated she discussed the state working with the city on testing the Elkton Die Casting property and it would be possibly a year and a half wait. The city received a quote to test the inside of the building for lead, PCBs and asbestos from Rabold Environmental in the amount of $5,985. Mayor Camp would also like to have additional tests run on the soil. After discussion, Ms. Sidebottom motioned to approve testing the building and soil and seconded by Mr. Laster. Motion carried unanimously.

COUNCIL REPORTS

Chief Marklin reported on activity in June. He also stated that the department is up to full force of seven officers with the rehire of Officer Rocky Barr. Brian Atkinson has been promoted to Police Sergeant. Mayor Camp reported Jailer Greg Allen would like to purchase the city’s old police cruiser when we purchase a new vehicle.

Mr. Scott reported the Recreation Commission made about $800 for the park during the Independence Day Celebration. Fall soccer and football should be getting started in August.

Mr. Laster commended the Utility Department for water loss remaining under 10% the last three months. Frogue reported he has been looking for a truck for Street Department employee Raymond Williams to use for transporting inmates and other street work. The city currently has $3,000 in the budget for the purchase of a truck, however he really needs a king cab truck with four doors and that might be hard to find for that money. Danny Shemwell has a four door truck with about 122,000 miles at a cost of $6,000. After discussion, Mr. Gibson motioned to authorize Terry Frogue to drive and inspect the truck from Danny Shemwell and purchase it if he feels it is a good vehicle. Motion seconded by Ms. Sidebottom and carried unanimously.

Mr. Frogue reported he has received a lot of complaints about people growing hay in the city. The city amended the weeds and grass ordinance several years ago to allow growing hay, but he feels several people are using that as an excuse to not mow. Some of the “hay fields” in the city have noxious weeds in them and aren’t suitable for hay. The property owners have stated they can’t spray for the weeds without killing everything else. Mr. Frogue feels this is not the case and will pursue it further. (Ms. Sidebotom left the meeting at this time.)

Mr. Powell reported there was only one fire run since the last meeting.

MAYOR’S REPORT

Mayor Camp received a quote from A & A Remodeling and Handyman Service to repair two upstairs closets and floor in the police department that were damaged by several water leaks. Also, they will finish replacing the louvers in the old courthouse clock tower at a total cost of $2,500.00. The estimate does not include any repairs that might need to be made if more damage is uncovered when the walls and floors are removed. Mr. Jefferson motioned to approve the work to be done and seconded by Mr. Laster. Motion carried unanimously.

Mayor Camp read a note from the City Hall clerks thanking the Mayor and Council for the cost of living pay increase and insurance coverage provided by the city.

There were no other items on the agenda, therefore Mr. Laster motioned to adjourn and seconded by Mr. Jefferson. Motion carried unanimously and meeting adjourned at approximately 8:25 PM.

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