There was a regular monthly meeting of the Flemingsburg City Council Monday, May 11, 2009 at 7:00 p.m. in the City Annex.  Council members present were Ricky Hurst, Marty Voiers, Scott Manning, Georgianna Sparks, Meredith Story, and Van Alexander.  Mayor Louie Flanery presided.

 

Councilman Alexander led the Pledge of Allegiance.  Minutes of the April 13th meeting were presented.  Councilman Manning moved to approve.  Councilman Alexander seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

Council heard the second reading of Ordinance No. 5-09-2 amending the zoning map classifications for properties located on Sellers St. and East Water St.  Councilman Hurst moved to approve.  Councilwoman Sparks seconded the motion.  A roll call vote was taken.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

The second reading of Ordinance No. 5-09-3 amending the zoning map for Southern States was presented.  Councilman Story moved to approve.  Councilman Alexander seconded the motion.  A roll call vote was taken.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – no, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

Gary Moberly, an independent contractor hired by KLC, addressed council regarding a drug-free work place policy.  Moberly explained that his services were contracted by KLC and provided free to clients who have workers compensation insurance through them.  By completing the certification and training process the City would be eligible for a 5% discount on their workers compensation premium.  The City would have to establish an Employee Assistance Program.  Moberly recommended an independent company in Tennessee that charges $1.79 per employee per month.  City Clerk Joy Roark noted that the City’s health insurance provider, United HealthCare, included an Employee Assistance Program in their health insurance coverage.  Moberly stated that he had reviewed the City’s current policies, which comply with federal regulations regarding drug and alcohol testing.  Moberly explained that this policy would be in addition to the existing policies and would comply with state regulations.  Councilman Story moved to adopt Municipal Order No. 09-01 to establish a drug-free workplace.  Councilwoman Sparks seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

A list of property was submitted for surplus.  Properties included were a 1990 Chevrolet Pickup, 1998 Crown Vic, a flat top tire changer, an 8’ Western snow plow, a Case back hoe, a garbage truck winch, and a two-wheel tilt trailer.  Councilwoman Sparks moved to declare all property listed as surplus.  Councilman Manning seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

            A resolution adopting a Municipal Aid Coop Program Contract for fiscal year beginning July 1, 2009 in the amount of $33,207.00 was presented.  Councilwoman Sparks moved to approve.  Councilman Hurst seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

Crystal Ruark, Fleming County Chamber Executive Director reported on activities of the previous quarter.  Ruark noted that tourism was up and more new residents were moving into the area.  FCHS students are working on trashcans for the downtown and they should be ready in time for Swing on Main.  Live on Electric Ave. festivities will begin in June.  Councilman Voiers is getting a sign and posters for the event.  Ruark reported that she had checked on funding to advertise the Covered Bridge Festival by painting an ad on a tractor-trailer panel that would be traveling throughout the area.  To be eligible for funding the tractor-trailer must travel outside a 60- mile radius of Flemingsburg.  The state would have to approve the routes.  Ruark did not feel the funding would be approved for this year.

 

Steve Donovan, Economic Development Director, invited council to attend a luncheon at Fleming Co. High School.  Steve Carter from KY EDC will be the guest speaker.  Donovan said he is checking to see if the Chinese have any interest in coming this direction and bringing new industry to the area.  Donovan also reported that the Arts Council would be holding an event in front of Banana Tree Studios June 20th and asked permission to block the street in front of Banana Tree from 7:00 p.m. to 11:00 p.m.  It was suggested that Donovan make a courtesy call to Quality Appliance since a portion of their parking lot would be blocked.  Councilwoman Sparks moved to authorize blocking the street during the time requested.  Councilman Hurst seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

Councilman Story reported on the sewer rate study, which had been presented to the Finance Committee in April.  The rate study recommended a 45% rate increase, but Story noted that the City had been raising rates gradually for a few years in anticipation of the need for a new plant so a rate increase that dramatic would not be necessary.  The projected rate per 1,000 gallons for both Ewing and Hillsboro was $3.07.  This included operations and maintenance at the plant and debt service.  The Committee discussed the City doing O & M for the Hillsboro system, but felt that would not be feasible and suggested they work with Fleming Co. Water Assoc.  The current projected cost for the project is $9,000,000.00.

 

Councilwoman Sparks reported that the ball court at the Fox Spring Ave. Park had been striped.  The fencing company was expected to start Tuesday, May 12th.  Once the fencing is done the benches will be installed.  Mayor Flanery said he had received a complaint regarding the directional light at the park and ask Sparks to follow up.  Councilman Voiers reported that he had received thanks for the light being installed.

 

Police Chief Randy Sergent reported that all equipment ordered through the safety grant had arrived.

 

Utilities Superintendent Joe Dunaway said the State requires that the fire hydrants be flushed twice a year.  His department will be ready to start the process soon and will notify the public in advance.

 

Waste Water Superintendent reported that he was concerned about the sludge tank.  His department is removing more phosphorus, which will increase the amount of sludge.  They can only haul during dry weather and there has been a lot of rain, so the sludge is building up.  A Press system could help reduce the problem, but would be costly.

 

City Clerk Joy Roark reported that the projected budget for fiscal year July 09-June 10 was nearly complete.  A Finance Committee meeting was scheduled for Tuesday, May 26th at 5:30 p.m. in the annex.

 

There will be a special council meeting Wednesday, May 27th at 5:30 p.m. in the annex to present the budget.

 

Codes Enforcement Officer Ben Moran reported that the old theatre was in bad condition and becoming a tremendous safety threat.  He had asked several to look at it, but was not getting a lot of help.  He expressed concern that when it collapses it will flood the city.  He has tried to get in touch with the property owner, who lives in Texas.  He has sent notices by certified mail, but has not received a receipt.

 

Moran reported that the old reservoir has not been treated yet due to the rain.  A public notice will be posted ahead of time.  The lake will be treated with an aquatic herbicide.  The duckweed will be treated.  One time may not eliminate the duckweed, but he is hoping to contain it.  The lake will also be treated for algae.  Mayor Flanery noted that Southern States had been very helpful in finding a treatment.

 

Moran also reported that he had been dealing with the owner of the blighted property on Mt. Sterling Ave.  He lives out of town as well. 

 

Chief Sergent reported that he would be interviewing two applicants for police officers.  He should know by September 30th if the City would be awarded the Cops grant.

 

Public Works Superintendent Dennis Masters reported on blacktopping Ryan St., Kay St., and McVey Alley.  Surface was put down on the lot at the storage building so water would run off.  Masters has been having trouble catching the plant open to do patch work.  Councilman Manning asked why High Ridge was not paved.  Mayor Flanery said it was due to a lack of funds, but maybe able to do later when more funding comes in.

 

City Attorney Tom MacDonald reported that Muni-Gas was waiting on information from Ken Magyar to complete the contract.  He is working with Tommy Carpenter on maps to get annexation completed and should be ready for a first ready at the special meeting May 27th.

 

Councilman Story reported that Alden Manning was still complaining of an odor problem at his house and asked Dale Clary to check it again.  Story also reported a complaint of bees on Foxspring Ave.  Mayor Flanery said the bee issue was already being addressed.

 

Councilman Hurst reported that the lot beside the Senior Citizen Center on Chapel Lane needed to be mowed.  The Center has been parking vehicles that no longer run there and weeds are growing up around them.  Dennis Masters said the City mows the lower lot and the County bush hogs part of it; he will contact Anthony Vise with the County Road Dept.  Hurst also reported that there was a vein running across Stockwell Ave. and into Ken Arnold’s yard.  The area stays wet year round.  Hurst said it would be ok to put a tile on his property to divert the water to the creek. Council noted that there were three or four veins on private property in the city.  If the city fixes one then all would have to be fixed.  Mayor Flanery will check into the matter.

 

Councilman Voiers asked if the TV Access Board had provided any financial reports.  Mayor Flanery said an inventory list and financial statements have been requested.  Board members stated that reports were being turned in on a regular basis to the City Clerk.  However, Joy Roark stated that no reports had been submitted over the past eight years other than the few times Brad Gray had reported to Council.  It was suggested that the Cable Board should be audited.  Roark stated that Penny Stanfield had audited the Cable Board’s records during her last audit of the City’s records.  Mayor Flanery stated that the current board is not in compliance and he is working with the City Attorney to reorganize the board.

 

Councilman Voiers asked if there was any funding for a sidewalk improvement program.  Tom MacDonald said some cities use additional assessments on property tax bills to spread the cost of repairs over a longer period.

 

Council discussed making a contribution to Project Prom and agreed to give the same amount as in previous years.

 

Councilman Manning moved to go into executive session to discuss proposed litigation pursuant to KRS 61.810.  Councilman Alexander seconded the motion.  All were in favor.

 

Councilman Hurst moved to go out of executive session.  Councilman Manning seconded the motion.  All were in favor.

 

Councilman Story moved to authorize the mayor to settle a dispute with Glen Ruark and pay him up to the amount discussed in executive session.  Councilman Voiers seconded the motion.  Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Story – yes, Voiers – yes.  Motion carried

 

Mayor Flanery reported that Bobby Crain had ‘no trespassing’ signs and was ready to post his property around the city reservoir, but would like for the City to post their property as well.  Council discussed installing crossovers and allowing people to continue fishing for a trial period.  All agreed that the City’s water supply had to be protected and some felt that closing the lake to fishing was inevitable.  The new fence has already been ridden down in places.  Council discussed selling permits for fishing and fines for littering, but decided to see what other cities were doing before making a decision.

 

Council discussed purchasing property on the by-pass from Barbour Doyle for construction of a new Fire Department.  The mayor is working with the state highway dept. on access to the property from the main road.  Homeland Security has $40 million in grant money for this area.  Owning the property would improve the City’s chances of getting funding.  Councilwoman Sparks moved to approve the purchase of the Doyle property for a fire department.  Councilman Voiers seconded the motion. Council voted as follows:  Alexander – yes, Hurst – yes, Manning – yes, Sparks – yes, Voiers – yes.  Councilman Story abstained due to his working relationship with Mr. Doyle.  Motion carried

 

            There being no further business Councilman Manning moved to adjourn at 10:00 p.m.  Councilman Alexander seconded the motion.  All were in favor.

 

 

 

                                                                        ____________________________________

                                                                        Louie Flanery, Mayor

 

ATTESTED:

 

 

 

_____________________________________

Joy Story Roark, City Clerk/Treasurer                       

 

Date Approved:  _______________________