The
Flemingsburg City Council held their regular monthly meeting Monday, February
12, 2007 at 7:00 p.m. in the city annex.
Mayor Louie Flanery presided.
Council members present were Ricky Hurst, Marty Voiers, Scott Manning,
Georgianna Sparks, Meredith Story, and Van Alexander.
Councilman
Voiers led the Pledge of Allegiance.
Minutes of the January meeting were presented. Councilman Story noted the following correction on page 1,
paragraph 3: Councilman Story stated
that testing would begin Wednesday, January 10th. Councilman Hurst noted the following
correction in the second paragraph of page 6:
Mayor Flanery appointed Marty Voiers, Jim Compton, Joy Roark, Georgianna
Sparks, and Ricky Hurst to the Recycling Committee. Councilman Voiers moved to approve the
minutes with the noted corrections.
Councilman Hurst seconded the motion.
All were in favor.
Mayor
Flanery recognized Mark Leet, Civics teacher at Simons Middles School, and the
following members of his class: Dalton
Leet, Austin Hart, Clay Hampton, Colton Ramey, Taylor Schwartz, Shaina Roberts,
Blake Wagner, Andy McDonald, Ellen Vice, Haley Doyle, Ethan Doyle, Nate Dillon,
and Peyton Suit. Mr. Leet stated that
the students were attending the meeting on a voluntary basis to learn more
about civic participation. Councilman
Voiers stated that January was city government month and KLC provided
educational information for city officials to share with the students about
their city government. Voiers suggested
working with Mr. Leet next year to arrange for city officials to visit the
school system.
Gerald
Carpenter, representing Carpenter Insurance, addressed council regarding the
city’s fire and casualty insurance renewal.
Carpenter stated that the Council had asked him last year to obtain quotes
from companies in addition to KLC and he had agreed to do so. Carpenter noted that he had received a
letter from City Hall in January requesting that he obtain independent quotes
and asking him not to contact St. Paul Insurance Company because another agency
was already working on a quote from them.
Carpenter stated that he had been the city’s agent for around twenty
years and felt that the independent agent working on the St. Paul quote should
have been referred to him. He spoke of
his qualifications and actions he had taken on behalf of the city in the past,
noting that his agency had built the city’s insurance coverage from the ground
up. Carpenter explained that the city
has occurrence coverage, which means that any occurrence during the policy period
is covered no matter when the claim is filed.
He noted that it differs from claim coverage, which only pays on claims
submitted within the policy period or no later than 175 days there after. Carpenter noted that KLC is the Cadillac of
insurance companies. They are
profitable, which means they are not going out of business. They are accessible and the insure city’s
property at 100% replacement. Carpenter
questioned the deadline for the quotes.
Information from KLC is usually not available until late May. City Clerk Joy Roark suggested the other
quotes be submitted at the same time.
Carpenter stated that Ray Robertson with his agency and a representative
from KLC would like to meet with the finance committee to discuss concerns
about the city’s insurance. Councilman Story will notify Carpenter of the next
meeting date.
Mayor
Flanery recognized David Graham and Donnie Christman. Graham stated that he had been coming to council for 1-½ years
regarding his water and this is the worst it has ever been. Graham asked for an explanation. Mayor Flanery said he had no explanation,
but the city continues to test and search for answers. Councilman Story suggested that the line to
his house needed to be tested. If the
line is the problem the city could replace it.
Councilman Story reported that Microbac lab had done testing on the
Maysville line, the city pit, Dairy Queen, Graham’s home, McKee’s in Indian
Fields, and the water plant. They
tested basically for hardness and confirmed that the water from the wells is
harder than surface water. The lab
recommended getting an engineering firm to test for compatibility and to make
sure the water is safe. Very hard water
is safe to drink but hard on appliances and unpleasant to use.
Councilwoman
Sparks asked if the state (Division of Water) had seen Graham’s water. He said he had contacted them, but they
wouldn’t come. Utilities Superintendent
Kenny Dearing said he would ask them to come.
Councilman Alexander said his water was extremely worse. Dishes had a film that couldn’t be removed
and the water has stench to it even after being filtered. He has had complaints from others. Donnie Christman stated that problems still exist
in the county as well. Councilman Story
said the state was not carrying the situation far enough. They are only testing at the origin, not at
the end users.
Graham
asked the mayor if he was still involved with the GFCRWC. He confirmed that he was. Graham expressed anger that he and other
consumers in town were paying for this water.
He felt that the Commission and the Mayor were liable. Graham further stated that he didn’t see a
need for this source of water. Mayor
Flanery disagreed noting that a leak occurred last summer and the water towers
were drained. The city would have been
without water had it not been for the well water. Graham said it was only needed for a backup source. Mayor Flanery stated that for that source to
be available it had to be paid for through the sale of water. Flanery pointed out that Graham had not been
getting the well water for some time while they were trying to isolate the
problem. Graham insisted the problem
was not in one line, but all over town.
Councilman
Manning agreed with Councilman Story, more testing needed to be done. Councilman Story asked if it was okay to
proceed with finding an engineering firm.
Councilman Story apologized for Microbac, noting that they had indicated
they could do all the testing requested, but later stated they couldn’t. Firms considered would be checked out to
assure they could do the testing needed.
Councilwoman
Sparks said that the state would not pay for the testing and pointed out that
the State had misled the council regarding the well water’s compatibility. Mayor Flanery said he would take their
concerns back to the commission.
Flanery noted that he is not an expert.
An engineer is needed and it will cost dollars. Councilman Voiers questioned if the water
had been tested at Graham’s house.
Dearing confirmed that it had been and it met state specifications. Councilman Voier’s water had also been
tested and the results were similar.
Councilman Voier’s commented that he did not have a filter and had not
noticed his water being dirty.
Councilman
Story reported that another business is having a lot of problems with damage to
water heaters due to the water. The
city needs to pursue more testing.
Councilwoman Sparks requested that Mike Rice be asked to check Graham’s
water. Dearing stated that the water
had been tested for sediment at the plant as well as some residents and the
level was running .1 to .2 with .3 being acceptable. Mayor Flanery stressed that he knew both Graham and Christman
wanted the well water turned off, but the city had to honor their
contract. Flanery assured them that the
city has not backed off in looking for answers.
A
member of the audience questioned what was the responsibility of GFCRWC. City Attorney Tom MacDonald stated that they
must supply treated potable water that meets the state specifications. Dearing confirmed that they are within state
guidelines and not in violation of their contract. Councilman Alexander commented that the problems had been
increasingly more noticeable in the last three weeks, pointing out more
crystalline build up on his shower head and being able to hear his water heater
sizzling. Alexander also noted that he
had kidney stones, which are caused by limestone in the water. Alexander asked if there was a
representative from the commission that would come and hear their
complaints. It was noted that Mayor
Flanery is a member and takes the city’s complaints back to the board. Donnie Christman asked if a group could go
to the meeting. Mayor Flanery stated
that all meetings are open to the public.
The next meeting is scheduled for February 21st at Fleming
Co. Water Association. Graham asked if
the meeting could be rescheduled to accommodate people who work. Mayor Flanery will check into the matter.
Councilman
Voiers questioned if the water problems cleared up last May when the well water
was shut off. Graham stated that it did
improve. Councilman Story confirmed
that it improved at his house as well.
Councilman Voiers asked if the well water was shut off again and the
problems continued, what would be the next step. Councilwoman Sparks expressed concern that the well water had
already damaged the city’s waterlines.
Councilman Voiers questioned if the city stopped using the well water
would the problem still exist because the lines are not recoated. Mayor Flanery said there would still be a
problem. Councilman Voiers asked why
the problem continued to exist in his area even though he’s been told the well
water is not coming into his area.
Voiers
also noted that the well water usage was reduced significantly in January. Kenny Dearing stated that he had opened the
valve to supply the hospital because the water line servicing them had been hit
during construction on the library and again during construction on the new
hospital. The valve should have been
closed once the lines were repaired, but it was not monitored closely
enough. Mayor Flanery stated that the
city had to pay the minimum bill, but the commission will work it out so that
the city will not be billed for any excess.
Steve
Hatfield with Trace Creek Construction addressed council regarding the force
main at the new library on the by-pass.
Hatfield stated that he had received a bill for repairs made to the
sewer line for the library property.
The lines were not clearly marked and were damaged during
construction. Hatfield stated that
Waste Water Superintendent Dale Clary did not have plans for the sewer lines,
which were installed by the developer.
However, the contractor did have the plans and would have given Clary a
copy if requested. Hatfield stated that
he had attempted to pay the sewer tap fee, but the city wouldn’t accept the
payment because of the unpaid bill.
Trace Creek contacted KY Underground in June regarding location of the
lines. Clary attended the meeting along
with members of the other utilities involved.
Clary stated he did not know where the sewer line was and had repeatedly
said so. Hatfield argued that if his
company did not know where the line was they were not legally responsible to
pay for damages. Clary stated that he
had spoken with Jack Covert, who was the job superintendent, and he had told
him to send the bill to Trace Creek.
Hatfield questioned if the line cannot be located or is not marked
properly how could they be responsible.
He also noted that, had the architect known where the line was, he would
have designed around it or relocated the line.
Councilman
Manning asked how many feet of line were dug up. Hatfield stated that once they hit the line it was discovered
that a significant portion was going to be inside the excavation site and
should be moved. Dale Clary said that
90-100 feet were involved. Manning
questioned why they didn’t stop when they first hit the line. Councilwoman Sparks stated it had to be
moved for the parking lot. Mayor
Flanery commented that the owner of the building should have talked to the
architect and the developer, Russell Montgomery, who had the sewer lines
installed. Montgomery didn‘t present
the plans for the lines to the city until after the fact. It was his responsibility to locate the lines. Clary felt it was his responsibility to keep
sewage from running onto the ground.
Jack (Covert) led him to believe he was to do the construction on the
force main. Hatfield stated that Trace
Creek did not realize the city had not accepted the lines when they were
instructed to repair them. He expressed
that Trace Creek would gladly pay the tap fee.
Clary stated that he felt the sub-contractor was responsible for the damage
done, but had refused to pay. His only
recourse was to bill Trace Creek because they are paying the
sub-contractor.
Mayor
Flanery stressed that the city could not pay for this. Tom MacDonald agreed that the city is
definitely not at fault. Hatfield
stated that his company would not let the library go without sewer. Councilman Story suggested that the
ordinance be changed to allow for signage to show what property has been
accepted into the city so contractors would be aware. Mayor Flanery noted that the contractor’s work has to be inspected
by the state. Hatfield said that
Montgomery’s contractor was from Maysville and his name should be on the
line. Councilman Manning moved that the
bill should be sent to the developer and Trace Creek not be held liable. Councilwoman Sparks seconded the
motion. Councilman Hurst commented that
if the city sends the bill to the developer he might not pay because he has
nothing to lose. If Trace Creek is
allowed to hook up the city might not collect from them either. Hatfield said if nothing could be resolved
his company would pay the bill and seek reimbursement from Montgomery. Councilman Manning rescinded his
motion. Mayor Flanery suggested sending
a bill to Montgomery with a limited time to pay. Accept the tap fee from Trace Creek. If Montgomery does not pay, then go back to Trace Creek for
payment. It was noted that Montgomery
is currently living in Florida.
Councilman Manning moved that the city send a bill to Russell Montgomery
at his Florida address and allow him 90 days to pay; accept the tap fee payment
from Trace Creek, and bill Trace Creek if Montgomery doesn’t pay. Councilwoman Sparks seconded the
motion. A vote was taken with
Councilman Manning and Councilwoman Sparks voting in favor and Councilmen
Story, Voiers, Hurst, and Alexander voting against. Motion failed. Mayor
Flanery asked council what other action was recommended. Councilman Hurst said to let Trace Creek pay
the city and then take action against Montgomery for reimbursement. All council agreed. There was no need for a motion.
Council
briefly discussed changes to the employee handbook regarding uniforms, meals
reimbursement, and city furnished cell phones.
Changes need to be made to comply with IRS regulations per James Driver
with the Department of Local Government Services and Social Security Coverage
and Reporting Branch. Health insurance
for retiree’s that are rehired was also discussed. Mayor Flanery stated that City Clerk Joy Roark informed him of
the needed changes after she attended a clerk’s meeting in November regarding
IRS regulations. Councilman Voiers
stated that he first became aware of these changes a few years ago when the
school board took similar action to comply with IRS regulations. Councilman Story referred to the supporting
documents regarding meals reimbursement and suggested council look at this
matter again. Per the IRS, meals
reimbursements must require an overnight stay to be a non-taxable benefit. Story felt it was unfair not to allow meals
reimbursements even when an overnight stay was not involved. Roark stated that record keeping would be
more difficult because the reimbursement would become a taxable benefit to the
employee. Council would also need to
consider whether the city’s plan would be accountable or non-accountable. Councilman Voiers moved to table the benefit
changes until they could be presented in the form of a municipal order. Councilwoman Sparks seconded the
motion. All were in favor.
Council
heard the first reading of Ordinance 2-07-1, amending the insurance premium
tax. Tom MacDonald explained that current
statutes allow insurance companies to go back for five years and request
refunds for overpayments unless a lesser time period is stated in the city’s
ordinance. MacDonald suggested that two
years was sufficient time for companies to audit their files and request
refunds. Councilman Story moved to
approve. Councilman Voiers seconded
the motion. All were in favor.
Resolution
No. 07-2-1 regarding the downtown sidewalk improvement project was
presented. Mayor Flanery stated that is
was a Transportation Enhancement grant totaling $228,000 for sidewalk
improvements. Funding had been approved
by the state, but no money would be released until the paperwork was submitted
along with a copy of the cancelled check.
Councilman Voiers asked if this funding was for the city only. Mayor
Flanery stated that he thought it was for the city only when the application
was made, but heard later that the county may have been included. Councilwoman Sparks moved to approve. Councilman Hurst seconded the motion. All were in favor.
Resolution
No. 07-2-2 regarding construction the Fleming County Health Dept. Fitness
Center was presented. Councilman Voiers
questioned why this resolution was necessary.
Tom MacDonald stated that it was a loan requirement by Rural Development.
Councilwoman Sparks moved to approve.
Councilman Manning seconded the motion. All were in favor.
Resolution
No. 07-2-3 regarding Kentucky Public Employees’ Deferred Compensation Authority
was presented. Councilman Voiers moved
to adopt. Councilman Manning seconded
the motion. All were in favor.
Mayor
Flanery recommended that Marvin Suit be re-appointed to the Industrial
Authority. Councilman Manning moved to
approve. Councilwoman Sparks seconded
the motion. All were in favor.
Tom
MacDonald briefly discussed the contract from Quest Engineering. MacDonald stated that he had questions about
some sections of the contract and could not approve it until he hears from
their lawyers.
Mayor
Flanery stated that CD’s pledged against the city’s line of credit were about
to mature and the credit line must be renewed.
Councilman Story moved to authorize the mayor and the city clerk to
renew the line of credit for the total amount pledged of $404,731.84. Councilman Voiers seconded the motion. All were in favor.
Councilman
Story reported on the finance committee meeting. Story reviewed the recommended changes to the handbook regarding
health insurance for retiree’s that are rehired. Police Chief Danny Carpenter stated that he had compared the insurance
through the retirement system with the city’s coverage and one notable
difference was a lack of coverage for air transfers. Councilman Voiers stated that the retirement system’s policy
appeared to be much better overall, noting the lower deductible and lower
co-pays for office calls and prescriptions.
Chief
Carpenter reported on the safety committee.
Councilman
Voiers reported on the recycling committee meeting. Plans are underway to introduce the recycling program. Flemingsburg fifth graders will be asked to
participate in a logo design contest.
Voiers asked if the sanitation ordinance would need to be amended to
include recycling. Tom MacDonald stated
that he would review the current ordinance.
If fines were to be included the ordinance would need to be amended.
Joy
Roark reported on damage to the police department due to frozen sewer lines.
Danny
Carpenter announced that the Task Force would be meeting Tuesday, February 20th
at the Maysville Community College and encouraged city officials to attend.
Mayor
Flanery asked Codes Enforcement Officer Gene Schwartz for his monthly
report. Schwartz became
argumentative. Mayor Flanery stated
that his behavior would not be tolerated and told him to leave the
meeting. Schwartz refused. Mayor Flanery instructed Chief Carpenter to
escort Schwartz out of the building.
Carpenter noted that it was an open public meeting and asked if he could
legally remove him. Tom MacDonald
stated that it was a public meeting but order had to be maintained. Chief Carpenter and Officer Thurman Paige
escorted him from the building without incident.
Utilities
Superintendent Kenny Dearing had nothing to report.
Waste
Water Superintendent Dale Clary reported that Thompson Brothers had submitted
the low bid on the Cherry Grove project and it was considerably less than the
funds allowed.
Councilman
Alexander commended the Street Department for doing a good job cleaning the
streets, and the Police Department for their handling of the funeral for Staff
Sergent John Cooper. Alexander reported
a complaint about parking in front of Cheap’s car lot. Officer Randy Sergent said the police could
issue warnings. If the problem
continues they can issue citations.
Alexander also reported cars being parked on the sidewalk on Garr,
Ingram, and East Water.
Councilman
Story reported on the KLC Elected Officials Training Academy that he,
Councilman Voiers, and Mayor Flanery attended in January. Story stated that they received a lot of
training during the three days of sessions and received a lot of useful
information.
Councilman
Hurst questioned if the old city reservoir had been treated. Kenny Dearing stated that he has the
chemicals, but it has not been treated yet.
Councilman
Voiers reported complaints about the cable access channel and questioned if the
city was still funding the cable board.
Voiers noted that programs are not being aired. He had attempted to contact Brad Gray, but
could not get a response. Councilman
Manning said he had been going to meetings, but other members were not showing
up. The next meeting is scheduled for
March 13th at 6:00 p.m. at the high school. Councilman Alexander reported service
problems with the new cable company.
There
being no further business, Councilman Manning moved to adjourn at 10:15
p.m. Councilman Story seconded the
motion. All were in favor.
___________________________________
Louie K. Flanery, Mayor
ATTESTED:
____________________________________
Joy Story Roark, CKMC date approved: _______________________