The Elkton City Council met in regular session on Monday, February 13, 2006 with Mayor John E. Walton presiding. Mayor Walton called the meeting to order at 7:00 PM and led the pledge to the American flag.

City Council members present: Brad Shemwell; Nancy Camp; David Powell; Greg Allen; Eugene Jefferson; and, Danny Laster.

Others present: City Clerk/Treasurer Laura Brock; City Attorney John P. Kirkham; Utility Superintendent Terry Frogue; C.C. Kennedy, Todd County Standard; Mike McGhee; Martin Jones; Bill Ed West; and, Ashley Short.

After reviewing the minutes of the January 9, 2006 and January 31, 2006 council meetings, financial reports and bills payable, Mrs. Camp motioned to approve the minutes, financial reports and pay the bills. Motion seconded by Mr. Jefferson and carried unanimously by the council.

Mayor Walton called to order the public meeting to give area residents the opportunity to comment on economic and environmental impacts, project area, alternatives, or any other point of discussion on the debris removal project to prevent flooding of Elk Fork Creek. Bill Ed West and Ashley Short both commented on the possible destruction of their property during the project. Mayor Walton assured them that the City would do everything possible to prevent damage and any damage would be repaired. Mayor Walton invited them to view the videotape showing the debris that would be removed. After some discussion, Mayor Walton thanked them for their concern and reiterated that the City would work with them during this project.

Mayor Walton recognized Mike McGhee for his attendance at the meeting and presented him with a picture of the Old Courthouse. Mayor Walton thanked him for his generous donation of engineering and design for the project.

Mike McGhee and Mayor Walton updated the Council on the sewer treatment plant upgrade project and stated that the City is waiting on a discharge permit from the State once the plans are reviewed and approved. Once this permit is received the project can be started.

Resolution 2006-2, "A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ELKTON AND THE GOVERNOR’S OFFICE FOR LOCAL DEVELOPMENT FOR THE NRCS ELK FORK CREEK PROJECT," was presented to the Council. After brief discussion, Mr. Laster motioned to adopt Resolution 2006-2 and seconded by Mr. Jefferson. Motion carried unanimously.

Resolution 2006-3, which would temporarily close a portion of Williams Lane during the construction of a new jail on the premises of the Todd County Courthouse, was presented to the Council. The Resolution also states that any damage made to the street shall be repaired at the contractor’s expense. Mrs. Camp motioned to approve Resolution 2006-3 pending presentation of construction plans to the Elkton Planning Commission and with the assurance that all contractors and subcontractors will adhere to all City occupational licensing regulations. Motion seconded by Mr. Powell and carried unanimously by the Council.

Resolution 2006-4, "A RESOLUTION OF THE CITY OF ELKTON SUPPORTING THE MILLIONS IN A MONTH CAMPAIGN TO FIGHT HUNGER IN KENTUCKY" was presented to the Council. After brief discussion, Mr. Shemwell motioned to adopt Resolution 2006-4 and seconded by Mr. Laster. Motion carried unanimously.

Mayor Walton recommended the reappointment of Dorothy McIntosh and Randy Davenport to the Tree Board. Mrs. Camp motioned to approve their reappointment and seconded by Mr. Powell. Motion carried unanimously.

Mayor Walton recommended the reappointment of Dorothy McIntosh to the Planning Commission. Mr. Shemwell motioned to accept the recommendation and approve the reappointment. Motion seconded by Mr. Powell and carried unanimously.

Mayor Walton stated the 1995 Ford truck the City declared surplus property will not be sold and will instead be used for John Service for animal control purposes.

Clerk Brock informed the Council the City has received a request for a contribution to Project Graduation. An agreement has been prepared between the City and the Todd County Board of Education for the contribution of $250.00. Mr. Laster motioned to enter into the agreement and seconded by Mrs. Camp. Motion carried unanimously.

Mayor Walton requested that the Glock pistol used by Chief Barnett be declared surplus property. Since the Department is being reduced in force the pistol is no longer needed. Also, the other officers would like to purchase the pistol at the appraised value of $297 as a retirement gift to Chief Barnett. Mr. Powell motioned to declare the pistol surplus property and seconded by Mr. Shemwell. Motion carried unanimously.

Mayor Walton called for comments from Martin Jones of the Todd County Industrial Foundation. Martin Jones informed the Council he expects the need to call a special meeting in the next 7 to 10 days to present a resolution approving the application of a Community Development Block Grant for economic development purposes. The grant would provide a portion of the funds to purchase the Flynn building. Mr. Jones also updated the council on the several prospects that have visited Elkton in the last several months.

Mayor Walton reported the Governor’s Office for Local Development conducted a review of the Elkton Scattered Site Housing Development Project. The GOLD office gave an excellent review with only one minor recommendation made.

COUNCIL REPORTS

Mr. Allen reported that it has come to the attention of the Recreation Commission that several outstanding bills totaling approximately $7,000 are owed by the park. Mr. Allen reported the Commission believes these findings were a result of bad judgment and not mismanagement. The Commission is working on measures to ensure that this does not happen in the future and believes the problem will be easily taken care of.

Mr. Laster reported the Utility Department has changed out 50 residential meters and several large meters in order to help find the water loss in the City. Also, the Department has purchased and received the new 2006 Chevrolet truck and the flat bad has been installed.

Mr. Frogue reported that the water tank on Garth Lane would be flushed this week. The tank will be disinfected and touched up as well.

Mr. Powell reported he has had questions about who is supposed to repair the road where the Board of Education cut Airport Road for the Central Office project. Mr. Frogue stated that one more cut of the road is going to be done and that the Board will repair the road upon completion of the project.

Mrs. Camp reported more complaints on the brush pile on South Main Street. Mr. Frogue reported he has sent two notices of violation. Also, since the pile is not removed the property owner is due a citation.

MAYOR’S REPORT

Mayor Walton reported the Beckham Road water line extension has been completed at a total cost to the City of $23,000, including labor and equipment. The Council had budgeted $37,000 for the project.

As Arthur Green entered the meeting, Mayor Walton informed the Council there has been discussion of whether the County was required to follow the City’s zoning regulations when building the new jail in a residential area. Mayor Walton presented a copy of Attorney General Opinions and Statutes received from the Kentucky League of Cities that state the County is exempt from zoning regulations, however the County must present building plans to the Planning Commission. The Commission can make recommendations on the project but the County is not required to follow them. Mr. Green stated the statute seems clear, however the City’s regulations require a public hearing. He stated the Planning Commission will review the Plans and it will be decided if a public hearing is necessary.

Mr. Allen motioned to adjourn and seconded by Mr. Laster. Motion carried unanimously and meeting adjourned at 8:15 PM.