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MINUTES
Elkton City Council Special Meeting 
Monday, March 13, 2006

7:00 PM
 

The Elkton City Council met in regular session on Monday, March 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; Jason Vincent, Pennyrile Area Development District; Gary Dawson, Adult Education Coordinator; Ryan Craig, Todd County Standard; Jim Coursey; and, Don Laster.

After reviewing the minutes of the February 13, 2006 and February 20, 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. Shemwell and carried unanimously by the council.

Jason Vincent updated the Council on the Community Development Block Grant to purchase the Flynn’s building. Mr. Vincent requested the City Council amend the grant application to increase the requested amount from $650,000 to $750,000. This increase would help cover administrative, legal and other fees associated with this project. Resolution 2006-9 was presented indicating this new amount. After review, Mrs. Camp motioned to increase the grant amount to $750,000 and seconded by Mr. Laster. Motion carried unanimously.

Mayor Walton introduced Gary Dawson to the City Council. Mr. Dawson addressed the Council regarding the possibility of sponsoring a "Small Business Day" to inform citizens on how to start a business and also educate current business owners on business management topics. After some discussion, it was decided Mayor Walton and Mr. Dawson would come up with a plan and possibly discuss sponsorship with some local businesses and present it to the Council at a later date.

Clerk Brock informed the Council the Code Enforcement Board spent several meetings reviewing the Code Enforcement Board Ordinance. After reviewing the Ordinance, the Board is recommending various changes in order to clarify certain situations in the Ordinance, including what to do when a citation has been issued and the respondent ignores the citation. Clerk Brock read first reading of Ordinance 2006-1, "AN ORDINANCE AMENDING PORTIONS OF SECTIONS 35.095 THROUGH 35.108 OF CODE OF ORDINANCES OF THE CITY OF ELKTON PERTAINING TO CODE ENFORCEMENT BOARD." After brief discussion, Mr. Allen motioned to accept after first reading and seconded by Mr. Powell. Motion carried unanimously.

Resolution 2006-6, "RESOLUTION AUTHORIZING THE MAYOR OF ELKTON TO EXECUTE A GRANT ADMINISTRATION AGREEMENT WITH THE PENNYRILE AREA DEVELOPMENT DISTRICT ON BEHALF OF THE CITY," regarding administration of a $525,000 Kentucky Infrastructure Authority grant by PADD for an amount not to exceed $7,875 was presented to the Council. After brief discussion, Mrs. Camp motioned to adopt Resolution 2006-6 and seconded by Mr. Jefferson. Motion carried unanimously.

Resolution 2006-7, "RESOLUTION AUTHORIZING THE MAYOR OF ELKTON TO EXECUTE A GRANT ADMINISTRATION AGREEMENT WITH THE PENNYRILE AREA DEVELOPMENT DISTRICT ON BEHALF OF THE CITY," regarding administration of a $481,000 Environmental Protection grant by PADD for an amount not to exceed $14,400 was presented to the Council. After brief discussion, Mr. Laster motioned to adopt Resolution 2006-7 and seconded by Mr. Powell. Motion carried unanimously.

Mr. Kirkham informed the Council that a request to close an alley by Gospel of Kingdom of Tabernacle Church has run into a problem. Each adjoining property owner must sign consent to close the alley. However, the property owner of one of the adjoining lots is unclear. Mr. Kirkham recommends the best way to close the alley would be to file a lawsuit, which must be sponsored by the City on behalf of the Church. The Church has agreed to pay for all costs associated with the suit. Mr. Kirkham presented Resolution 2006-8 authorizing a law suit to be filed to close the alley located perpendicular to Washington Street and adjacent to Lot 72 of the John Gray Plat of Elkton. After some discussion, Mrs. Camp motioned to pass Resolution 2006-8 and seconded by Mr. Jefferson. Motion carried unanimously.

Clerk Brock presented an agreement with Pennyrile Narcotics Task Force for the contribution of $608.50. After brief discussion, Mr. Shemwell motioned to accept the agreement and contribute $608.50. Motion seconded by Mr. Powell and carried unanimously.

Mr. Laster read a letter to the Council informing the City that approval has been given to award a Community Economic Growth Grant in the amount of $143,500 for sewer line extension to the Coursey property that was recently annexed into the City.

Mayor Walton informed the Council the City’s application to refinance the Sewer Revenue Bonds in the amount of $808,000 through the Kentucky Infrastructure Authority has been approved. The City received a no interest loan to be paid over thirty years. As a part of the loan agreement, the City must increase its sewer rates in order to pay off this loan. Clerk Brock presented estimates indicating the City needs at least a 47% increase in revenue to cover the loss of revenue from Flynn’s closing and to pay for the loan through KIA. The rate increase will be presented at the next council meeting.

Mayor Walton informed the Council that the Fire Department has several radios that are no longer needed. Mayor Walton recommended declaring these radios surplus property and disposing of the radios through interagency agreements at no cost to other fire departments in the County. After brief discussion, Mr. Shemwell motioned to accept the Mayor’s recommendation and seconded by Mr. Jefferson. Motion carried unanimously.

Clerk Brock informed the Council there has been an inquiry about opening a sexually oriented business in downtown Elkton. Clerk Brock and Mr. Kirkham have been reviewing other cities ordinances regulating these businesses and would like a decision on whether to continue with drafting an ordinance for the City. It was the consensus of the Council to prepare regulations as soon as possible.

Clerk Brock presented a draft amendment to the Nuisance Ordinance of the City. In particular, clarifying the regulations regarding weeds and grass. There are currently no provisions allowing gardens, hay, etc. to be grown in the City. This draft amendment would allow those exceptions, but would require the right-of-way plus ten feet, as well as ten feet from any property line to be clear of weeds and grass. Also, all property owners would be required to mow any adjacent right-of way or alley. Also suggested in the amendment was the addition of regulations regarding loud animals, electrified fences and garbage container that are not fly-tight. It was also suggested to regulate exotic animals brought into the City. An ordinance amending these regulations will be prepared for the next meeting.

Mayor Walton introduced Jim Coursey to the Council. Mr. Coursey has arranged for a man from Clarksville that works on clock towers to look at the clock in the Old Courthouse. This gentleman will give an estimate on the cost to repair the clock and the clock facing. Mr. Coursey has agreed to start a committee that will raise money to repair the clock. Mr. Coursey will donate $250.00 to get the process started. An article announcing this initiative will be put in the local paper. Mrs. Camp and Mr. Laster agreed to help with the committee. The cost of the repairs will be reported to the Council at a later date.

COUNCIL REPORTS

Gene Jefferson had nothing to report with the Police Department. However, Mayor Walton brought up a situation with Chief Barnett and accrued vacation time. Chief Barnett asked Mayor Walton to be paid for one week’s vacation time upon his retirement and Mayor Walton agreed. However, this does not follow the current Personnel Policy. Mayor Walton recommended allowing Chief Barnett to be paid for the week’s vacation, however, all future retirements will be immediately turned into the City Clerk who will prepare a severance package statement to give to the retiring employee. After brief discussion, Mr. Jefferson motioned to pay Chief Barnett 40 hours of vacation time and from now on follow the personnel policy and the Mayor’s recommendation. Motion seconded by Mr. Allen and carried unanimously.

Mr. Allen reported on the activities of the Park during the past month. Mr. Allen reported the Park was in such financial trouble at the end of the year that the Commission decided it could no longer afford a full-time park director. Kevin Hall was offered a part-time position, but did not accept. The Commission will be reviewing resumes for the part-time position at their next meeting.

Mr. Laster called for a report from Terry Frogue. Mr. Frogue reported that all of the large meters in need of replacement in the City have been changed out. The Department pulled 50 water meters to be tested for accuracy and are awaiting the results of the tests. Also, a few small water lines that leak often will be replaced in the near future. Mayor Walton is still working on getting money to retire the debt owed to the Todd County Water District in the state budget.

Clerk Brock reported that bids for cemetery maintenance would be accepted on April 4, 2006. The bids will be opened and reported to the City Council at the next meeting.

Clerk Brock informed the Council the City has been invited to make full application for the Transportation Enhancement Act that would install new sidewalks and historic lighting around the City. Clerk Brock asked for the Council to authorize full application and a commitment to accept the grant if it is awarded. Mr. Laster motioned to submit the full application and commit to the funding if it is received. Motion seconded by Mr. Powell. Motion carried unanimously.

Mr. Laster motioned to adjourn and seconded by Mr. Powell. Motion carried and meeting adjourned at 9:00 PM.