The Flemingsburg City Council held their regular monthly meeting on Monday July 14, 2003 in City Hall at 7:00. Council members present were Marty Voiers, Carl Haight, Nancy Suit, Georgianna Sparks, Meredith Story, and Scott Manning. Mayor Louie K. Flanery presided. Kim Razor attended on behalf of the City Attorney.

Councilman Voiers led the Pledge of Allegiance. Minutes of the previous meeting were presented. Councilman Story moved to approve. Councilwoman Sparks seconded the motion. All were in favor.

Jack Byron appeared before Council to request a water hook up on his property on the Maysville Road. Councilman Story moved to approve. Councilman Voiers seconded the motion. All were in favor.

Harold and Willa Porter addressed Council regarding starlings in their neighborhood. Willa Porter stated that according to the USDA these birds are not protected. They can be eliminated by poison or what ever means necessary. Porter suggested using cannons to run the birds off; and added that they had used two cannons last year and it really helped. Councilman Story questioned the cost of the cannons. The Porters provided a book on cannons showing the costs to be about $335.00 each. Mary Jo Litton stated she would check on available funds for the cannons. Mayor Flanery commented that spraying to kill the birds is expensive and poison is dangerous to other animals. Five cannons would be needed to move around the city. Councilman Story moved to authorize the purchase of five cannons. Councilman Manning seconded the motion. All were in favor.

Gene Schwartz reported on the vacant property on Mt. Sterling Ave. He explained that there were two options according to the Vacant Property Board. The City can condemn the property and then it would become the City’s property. However, the property would have to be appraised and repaired. The costs to the City would be approximately $30,000.00. Kim Razor noted that the condition of the property might fall under the nuisance ordinance, which would provide another option. Schwartz stated that he had spoken to County Attorney John Price about the nuisance ordinance, but had not heard back from him. Razor asked if the property owners would sell and if the taxes had been paid. Schwartz stated that they would not sell and the taxes were paid. Schwartz reported that the second option would be to tear the property down. The costs including land cover and disposal would be about $9,000.00. Councilman Haight suggested that a committee be formed to review the City’s options. Councilwoman Sparks volunteered to serve on the committee. Mayor Flanery asked Councilman Haight, Gene Schwartz, and the City Attorney to serve on the committee as well.

Gene Schwartz also addressed council regarding the street at the end of Stockwell Ave. Schwartz explained that the Planning Commission had no authority to make the developer redo the street. The developer was following ordinances in force at the time and did not have to go before the Planning Commission. Since then the laws have changed. In order to sell lots now the developer would have to go before the Planning Commission. According to Jim Compton it would cost approximately $3,500.00 to blacktop the street. Mayor Flanery said the City could either pave the street or let the property owners take care of it themselves. Councilman Haight said the homeowners should come before council and plead their case.

The following properties were annexed into the City last year: Kibler Lumber, Ruth Paving, Wells Group, the State Highway (By-Pass), and Southgate Apartments. All five property owners have agreed to their zone classification, but Council has to make the final recommendation according to Gene Schwartz. Councilman Story moved to accept the Planning Commission’s recommendations. Councilwoman Sparks seconded the motion. All were in favor.

Mayor Flanery presented Resolution 3-07-1 to roll unused sick leave over into retirement pursuant to Employee Policies and Procedures, which went into effect June 9, 2003. The Kentucky Retirement System requires this resolution. Councilman Haight moved to approve the resolution. Councilwoman Suit seconded the motion. All were in favor.

The Quality Appliance parking lot was discussed. Mayor Flanery stated that the City would black top and stripe the lot, put in speed bumps, and make the street one way. City Attorney Tom MacDonald had recommended a fifteen-year lease agreement. The Owners recommended a two-year lease. They agreed upon a seven-year lease. Councilman Voiers questioned how many parking spots would be available. Jim Compton stated about twenty-six spots. Councilman Voiers then asked where Quality Appliance’s parking would be. Mayor Flanery said they would park along the side of their building. Jim Compton said the approximate cost to the City would be $12,000.00. Councilwoman Sparks moved to approve the lease agreement. Councilwoman Suit seconded the motion. All were in favor.

Council discussed renewing the line of credit with the Peoples Bank. The line of credit would be used only if the price of gas dropped enough to justify buying a large quantity at one time. Councilman Story moved to allow the Mayor and City Clerk to renew the line of credit for $200,000.00 for natural gas purchases only. Councilman Manning seconded the motion. All were in favor.

Police Chief Danny Carpenter reported that the police department was one police officer short now and the City needed to take applications. Carpenter also reported on the recent audit of the police department’s records, which is done every three years. According to the Auditor the City’s records were all in order and the City would be receiving a letter confirming that soon.

Wastewater Superintendent Dale Clary stated that the City received a $35,000.00 grant to cover the cost of a study, which needed to be started soon or the City would lose the grant.

Mary Jo Litton informed Council that the City might be eligible for funds through Renaissance Kentucky. Two million dollars have allotted for projects that serve a community need and provide a minimum useful life of 20 years. The project(s) would be bond- funded and need to provide true economic development in the downtown revitalization. In addition, projects must be completed within two years. The maximum amount available would be $250,000. Individuals may use the funds, but they must apply through the City and the deadline to apply is August 29, 2003. Litton suggested that renovation of the old movie theater might qualify. A farmer’s market was also suggested.

Litton informed Council that the City was at the end of the 5^th year designation for the silver level. It is time to advance to the gold level. In order to advance, the City needs documentation of being a Historic District. Council questioned the need for the City to have a web page. Litton felt it would be beneficial.

Councilman Voiers asked about the progress with the cable company. Mayor Flanery stated that he had made very little progress and the City does not have a contract yet.

Councilman Haight questioned the accuracy of the water and gas report. He also asked about delinquent accounts. Mayor Flanery said they were doing better. Councilman Haight said he had heard good comments on the streetscape project and the bell.

Councilman Manning asked about garbage pickup twice a week at least in summer. Jim Compton said ton wise it wouldn’t cost any more, it would just be extra trips to the dump. Mayor Flanery said he would not have a problem with this extra pickup in summer, but could not support it year round.

Councilman Story reported that there were faded stop signs at the top of Marty Voiers’ street. The trees on Greenway were obstructing the view pulling onto Elizaville Ave.

Councilman Story moved to go into executive session at 8:40 p.m. to discuss issues regarding personnel, litigation, and land acquisition. Councilman Haight seconded the motion. All were in favor. Councilman Voiers and Councilwoman Suit were unable to stay for the remainder of the meeting.

Councilman Haight moved to go out of executive session at 8:55 p.m. Councilman Manning seconded the motion. All were in favor.

Mayor Flanery reported that Police Chief Danny Carpenter would retire July 31, 2003 and will set out one month as required by the Kentucky Retirement System. Mayor Flanery recommended that Carpenter be reinstated as Chief of Police on September 1, 2003. Councilman Story moved to approve. Councilman Haight seconded the motion. All were in favor.

Council discussed buying a small piece of land behind Dr. Taylor’s office needed for drainage for the Lerman Building. Councilwoman Sparks moved to approve the purchase. Councilman Manning seconded the motion. All were in favor.

Councilman Manning moved to adjourn at 9:00 p.m. Councilman Haight seconded the motion. All were in favor.

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Louie K. Flanery, Mayor

ATTESTED:

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Joetta Marshall, Computer Operator

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Joy Story Roark, City Clerk

Date Approved: _________________