The Flemingsburg City Council held their regular monthly meeting Monday, August 14, 2006 at 7:00 p.m. in the City Annex. Council members present were Marty Voiers, Carl Haight, Nancy Suit, Meredith Story, and Scott Manning. Councilwoman Georgianna Sparks was absent. Mayor Louie K. Flanery presided.

Councilman Voiers led the Pledge of Allegiance. Minutes of the July meeting were presented. Councilwoman Suit moved to approve. Councilman Manning seconded the motion. All were in favor.

Mayor Flanery welcomed visitors Van Alexander, Ann Story, and David Graham.

Graham addressed Council regarding the poor quality of his water. A six-month water filter was presented to show the residue collected after only five weeks. Graham stated that his water did improve for a while after he addressed Council six-eight months ago, but now the water was getting worse. Mayor Flanery stated that the GFCRWC continued to work with the state to get this matter resolved. Testing has been done; his area was isolated and not receiving well water. The initial treatment of the well water was wrong so the treatment was changed. The water is good, but a little hard. The State is dictating what can be done. Samples are being drawn weekly. Some areas have good water, some bad, some have older pipes, and some have newer pipes. He wasn’t sure what the problem was or how to resolve it, but assured Graham it continued to be worked on. Graham suggested not buying any more water until it’s straightened up and asked if the City had any recourse against GFCRWC. Mayor Flanery stated that the GFCRWC gave the City a few months of relief and did not charge for the water. Graham asked why the City continued to accept the water; why not refuse it until it is corrected. Mayor Flanery referred to City Attorney Tom MacDonald who stated that the City was bound by contract to pay for the water as long as it was potable and according to the state it is. Graham noted that there had been nothing but problems since the City started using the well water and asked if the people at GFCRWC would want to drink this water.

Ann Story presented three samples of tea, one made from reservoir water obtained at the water plant, one from well water obtained at the By-Pass tap before going through City lines, and one from her house faucet. Only the tea made from the reservoir water was good enough to drink. There was sediment floating in the tea from the house water and a milky residue in the well water.

Graham stated that this proves the City makes good water. He asked why cut off Maysville and buy well water. Mayor Flanery stated the City needed another source of water. Graham asked why there was a need to add chemicals if the City was sold good pure water. It didn’t seem like a good thing. Tom MacDonald noted the City was sold potable water. Treatment of the well water is within state guidelines.

Story stated that her water had cleared up during May and was good for about ten weeks. Now it is bad again. Mayor Flanery said he sympathized with them. Experts had been hired to resolve this matter and they could only do what the State would allow. Graham said he had heard a lot of sympathy talk, but it didn’t help his problem. He was paying for water he couldn’t use and buying drinking water. He asked if he should send the bills for his drinking water to GFCRWC. He felt he had been more than patient and asked how long it would take to find a solution. Mayor Flanery couldn’t give him a definite date.

Councilman Story suggested digging up a line in the problem area and testing it. Tom MacDonald suggested getting the City’s engineer involved as well. Dale Clary noted that Graham was on the same line as Councilman Voiers who isn’t having a problem with the water. Most of his neighbor’s around him aren’t using filters and don’t have a problem with their water. He is on a plastic line. The problem could be in the lines on his property. Ann Story, who lives in the same area, is on a cast iron water line. The Mayor reported complaints from Mrs. Simons and residents on Dye St., which includes the same area as Graham and Story so it appears to be isolated to that area. Mayor Flanery apologized for the water and assured them he was still working on it. Graham reminded the Mayor and Council that he was not the only one in town who was not happy with the well water.

Councilman Voiers asked where the problems were first noticed after the water left the well. Mayor Flanery said he could not pinpoint a particular area; it was county wide to begin with. The first problems started with using Seaquest to treat the water. It stripped the pipes. They flushed the lines. It got worse, so they turned the well water off for a few months.

Van Alexander stated that his water was terrible until the last few months. The water still has a little smell, which may be from the chemicals, but it is better and drinkable now. Alexander said he used to hear his water heater sizzle so loudly it could be heard at the other end of the house, but it no longer does that. Councilwoman Suit, who lives on Chapel Lane, reported that she had never had a problem with her water and neither had her friend Jane Ann Clark, who lives on Stockwell Ave. Suit thought it was possibly due to living at the top of a hill where the chance of residue build up was less likely. However, Tom MacDonald, who also lives on Stockwell Ave. near the Clark residence, said his water has an oily film on it. The problem seems to be worse in the Dye St. and Elizaville Ave. area.

Councilman Voiers reported on the recycling program. He, Mayor Flanery, and Public Works Superintendent Jim Compton reviewed Vanceburg’s recycling program. Voiers stated that their containers have tubes that make it easier for the workers to pick up. Vanceburg asked their citizens to only put the containers out when they are full. Workers won’t pick them up unless they are full. The containers are picked up with the garbage. They have five workers, three that are prisoners. The recycling program has allowed them not to increase their landfill tonnage. They restructured their rates, which enabled them to offer a break to anyone who recycled. Their rates are $15 per month with a $3 discount for recycling; senior rates are $9 with a $3 discount. They will sell their containers to Flemingsburg for $4 each. Jim Compton feels the City could start a recycling program with the current employees. The program could start in late fall or the first of the year. He suggested collecting recyclables on (garbage collection) off days and use the current trailer. Mayor Flanery suggested buying six hundred containers to begin with. That would cover half the City’s customers. Voiers stated that each container is on wheels, has a lid, three tubes inside, one on top, and a mesh net on the outside bar for large plastic containers. Vanceburg educated the public first by going into the neighborhoods and doing demonstrations. Van Alexander asked if the recycling program would include cardboard. He is currently putting his cardboard in the garbage. Mayor Flanery stated that the City would pick it up for him on Thursdays. The initial investment would be $3,400 ($2,400 for the containers and $1,000 to the Landfill). Mayor Flanery noted that someone else was also interested in the containers so the City needed to act quickly if interested. Councilman Story said it was a good program. Councilman Manning and Councilwoman Suit agreed. Councilman Voiers noted if the program did not prove beneficial the containers could be resold. Councilman Haight expressed concern that recycling programs had been started twice before and failed. Mayor Flanery stated that eventually recycling would be mandatory statewide. Councilman Voiers moved to take the steps necessary to initiate the program and authorize the mayor to purchase the containers. Councilwoman Suit seconded the motion. All were in favor. Mayor Flanery asked if six hundred would be enough. Councilwoman Suit suggested negotiating the price and trying to get eight hundred.

Codes Enforcement Officer Gene Schwartz reported that the Joint Planning Commission had met prior to the council meeting, but there was not a quorum. Another meeting was set for Monday, Sept. 4^th with a public hearing at 6:00 p.m. and the meeting at 6:30 p.m.

Council discussed the RFP for a new fire truck. Councilman Story questioned the cost. Fire Chief Jerry McCloud stated the proposals should fall within the budgeted amount. International, Freightliner, and Kenworth all have good engines. The last large truck purchased was a 1985 model. Councilman Story questioned the life span of a truck. Chief McCloud said the department still uses a 1978 model. Tom MacDonald stated that the City would have to advertise for bids, but could also send RFP’s to anyone they chose. Councilman Voiers moved to accept the specs presented, advertise, and send the RFP’s to the companies selected by the Fire Chief. Councilman Story seconded the motion. All were in favor.

Council discussed soliciting bids for an Engineer to work on the sewer plant project. Mayor Flanery reported on the recent meeting with Hillsboro and Ewing engineers, Judge Foxworthy, and BTADD representatives. The City’s 201 study went to the clearinghouse and Cindy McDonald confirmed that it was almost a done deal and okay to proceed. Dale Clary stated that his plant was at 70% capacity. The City needs to prepare now for the extra customers that will come onboard because it will soon exceed capacity. Mayor Flanery stated that an engineer was needed to help obtain funding and it will take awhile to find one. Councilman Voiers questioned the City’s commitment if an engineer was hired. Mayor Flanery said “nothing”. Details will have to be worked out as the project progresses. Councilman Story commented that the City raised rates last year to set money aside for five years to cover the existing debt on the wastewater plant until it was paid off. He thought obtaining an engineer at this point would be moving too soon. Rates would have to be increased to cover the additional debt of a new plant. Clary stated that the engineer was needed to help obtain funding for a new plant, not to start designing a new plant. Clary pointed out that the 201 study was started in 2001 and it is now 2006. Things take a long time. Councilman Story expressed concern over the lack of definite commitments for the May’s Lick Gas Line project and stated the City needs to see commitments from Ewing and Hillsboro. Mayor Flanery said funding was needed to help get those commitments and set rates. It will take a few months to put a proposal together to solicit an engineer. Clary said construction of a new plant should start in less than ten years, probably five years. Tom MacDonald will work with Dale Clary on the proposal to obtain an engineer. Councilman Voiers moved to authorize the mayor to work on the proposal and present it to council for review. Mayor Flanery noted it would probably take three months to put the proposal together. Councilman Manning seconded the motion. All were in favor.

City Clerk Joy Roark reported that the compensating rate for property taxes would be .1159 per $100. The compensating rate plus 4% would be .1205 per $100. Both rates are less than last year’s rate of .1532 per $100. Taking the additional 4% would generate an extra $4,630 in revenue for the general fund, but would have a minimal affect on individual taxpayers. Mayor Flanery encouraged Council to approve the compensating rate plus 4%. The City loses money each year by only taking the compensating rate. Roark reminded Council that when the City seeks grant funds from the state legislators will ask if the City has taken advantage of all revenue resources available to them. Councilman Voiers agreed. Councilman Story moved to approve the first reading of Ordinance No.9-06-2 setting the property tax rate at compensating rate plus 4%. Councilwoman Suit seconded the motion. Voting in favor were Councilman Voiers, Councilwoman Suit, Councilman Story, and Councilman Manning. Councilman Haight voted against.

City Clerk Joy Roark presented the first reading of the Motor Vehicle Tax Ordinance No. 09-06-1. Councilman Manning moved to approve. Councilman Haight seconded the motion. All were in favor.

Councilman Story reported on recommended changes to the utility ordinances. Story noted that wording should be added making the customer responsible for additional cost incurred above the minimum connection charges for new services. Story also presented a sample ordinance regarding public improvements consisting of streets and storm sewers, which have been dedicated to public use.

Police Chief Danny Carpenter reported that a new tobacco free policy has been imposed for use of the police cruisers to keep the new cruisers in good shape. He also noted that officers were no longer using the Ten Code on the radio. Homeland Security required that emergency responders use plain English.

Councilman Voiers reported that the airport was interested in running a hydrant to the airport and asked Kenny Dearing to contact John Sims.

Dale Clary reported that a sub-contractor working on the new library had torn out 100 ft of forced main, which had been located for him before digging. The sub-contractor will pay for repairs.

Mayor Flanery reported the preliminary work was being done on Industrial Park II. Landowners have agreed to annex, but want to see where the line is going before they sign the easement. KIA is funding $100,000. The Industrial Authority is responsible for finding additional funding. A cost estimate had to be done first. The Cherry Grove Road project will be ready for bid soon. The line will run to the spec building.

Councilman Story requested an update on the boards. Gene Schwartz stated that he had made several contacts, but couldn’t get anyone to serve. The Ethics Board has been filled, but eight members are needed to fill the other boards.

Joy Roark reported that the auditors were working on the school audit. Once it was complete they would begin on the City’s.

Councilwoman Suit complained about the large pothole in front of the police department. Mayor Flanery stated it was the state highway’s responsibility and they have been contacted.

Councilman Haight noted that Homeland Security had turned the City down once for grant funds to purchase a new fire truck. Congressman Geoff Davis said in a recent speech if there was anything he could do for the City just call him. Fire departments all around Flemingsburg have gotten help. Councilman Voiers stated that they were turned down last year, but the focus has changed to firefighting gear so the grant application this year is for equipment. He had talked to Davis about the grant and was referred to his assistant. Voiers didn’t think it would be out of line to ask him again.

Chief Carpenter stated that Davis’s secretary had e-mailed him a list of areas for grants. He selected the areas of interest and faxed it back in. Davis’s office was quick to respond.

Councilman Manning reported problems with streetlights on Crest Ave. and Amanda Brook. Manning stated he had given the information to Jim Compton. Mayor Flanery advised him to call City Hall. Someone in the front office would report it to KU.

Councilman Story questioned the status of the remodeling of the police dept. Mayor Flanery said two city employees started hanging sheetrock last week. The wiring for the security system was done. Hiring a contractor was being considered. Story commented that it was an eye sore, being visible on the main street.

Story questioned funds paid to Cann-Tech. Joy Roark explained that the funds had come in from the State in the previous fiscal year and had just now been invoiced for payment. Story mentioned grant funds for safer sidewalks. Tom MacDonald said the new sidewalks would go from the by-pass to the high school. Mayor Flanery said he had looked into the same grant funds, but there were too many hitches in the grant to do any good downtown. Story asked if there were any immediate plans to paint the water towers. Mayor Flanery stated that Kenny Dearing had been talking to painters, but didn’t have a price yet.

There being no further business Councilman Manning moved to adjourn at 9:18 p.m. Councilman Haight seconded the motion. All were in favor.

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Louie K. Flanery, Mayor

ATTESTED:

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Joy Story Roark, CKMC

Date Approved: ________________