There was a regular meeting of the Flemingsburg City Council Monday, September 8, 2008 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 Story led the Pledge of Allegiance. Minutes of the August 11^th meeting were presented for approval. Councilman Alexander moved to approve. Councilman Hurst seconded the motion. All were in favor.

The second reading of Ordinance No. 9-08-1 regarding the tax rate for all property except motor vehicles was presented. Councilman Manning moved to approve. Councilwoman Sparks seconded the motion. A roll call was given with all voting in favor.

The second reading of Ordinance No. 9-08-2 regarding the tax rate for motor vehicles was presented. Councilman Hurst moved to approve. Councilwoman Sparks seconded the motion. A roll call was given with all voting in favor.

City Attorney Tom MacDonald reported that he had tried to reach Municipal Gas regarding 40-50 pages of documents to verify which are included in the contract. He has not heard back from them.

Mayor Flanery opened the lone bid from Municipal Equipment for a new 2008 garbage packer. Their bid included two options, one for a 2008 Freightliner chassis totaling $114,590, the second for a 2008 International chassis totaling $112,000. Public Works Superintendent Jim Compton stated that he and the mayor had already seen the International and it met or exceeded the bid specifications. Councilman Story asked Compton which truck he preferred. Compton stated that he had a Freightliner now and did not want another one. Councilwoman Sparks moved to approve purchase of the 2008 International for $112,000 contingent on review of the bid specifications and to authorize the mayor to seek the best source of financing. Councilman Hurst seconded the motion. All were in favor. Larry Riddle stated that Municipal Equipment offered two payment options through 1^st Source Bank. One was for five years, the other for six years. Either option could be paid off early without penalty.

Mayor Flanery presented a proclamation recognizing October as National Arts and Humanities month. Councilwoman Sparks moved to approve. Councilman Manning seconded the motion. All were in favor.

Fleming Co. Chamber Executive Director Crystal Ruark reported on activities for the past quarter. Ruark also reported on the recent meeting she, Councilwoman Sparks, and City Clerk Joy Roark attended regarding the 2010 World Equestrian Games. Maysville Mayor David Cartmell has approved renting two charter buses to be used for tours in the Buffalo Trace Area Development District.

Councilwoman Sparks reported that the playground equipment for the Foxspring Ave. Park had been put together and they were currently waiting on the blacktop to be laid. Councilman Hurst reported a loose pole on one piece of equipment. Jim Compton will check on it. Compton stated he also had new nets to put up on the ball goals. Mayor Flanery said a chain link fence would be installed on the support wall and along the lower side of the park next to the highway.

Councilman Voiers reported that the FUTURE initiative is continuing slowly. Once the Cardinal Lane and Emmons Drive areas are finished the next target areas will be Mills Ave., Pumphrey Ave., and Weddle St. The three city schools are planning a ‘can challenge’ soon to see who can collect the most aluminum cans. They will be sold and the winner will share in the proceeds. Voiers stated that some cities are banning plastic bags. It is a big expense for storeowners, but an alternative would have to be offered such as a cloth bag. Voiers wants to find a price for cloth bags and then try to get funding. Danetta Barker with the Fleming Gazette suggested checking with local homemakers to see if they would make the cloth bags.

Councilman Voiers asked if the Safety Committee had talked about the signage issue at the intersection of Glascock Dr. and High St. Chief Sergent said that traffic on High St. had the right of way; a stop sign is needed on Glascock and the entrance to High Ridge Apts. Voiers also asked about traffic control at he end of the day in front of the Elementary and Middle Schools. Chief Sergent said traffic seemed to flow better without direction from the police. The problems of people parking along the street, children crossing the street, and a lack of visibility were discussed.

City Clerk Joy Roark reported that over 100 people from the Northern part of the state attended the WEG meeting hosted by the Bluegrass, Gateway, and Buffalo Trace Clerk’s Association. The attendance far exceeded what was expected, which shows a growing interest in the 2010 World Equestrian Games and how communities can benefit. Roark stated that Fleming County was well represented and noted that T.J. and Brenda Flynn also attended the meeting.

Roark reported that natural gas winter storage was half full.

Codes Enforcement Officer Ben Moran reported that Southern States had hired an attorney and wanted to appear before council regarding their request for a zoning change. Councilman Story asked about the finding facts to be presented to council 30 days prior to the meeting. Moran stated that he had that information. City Attorney Tom MacDonald will be meeting with Darrell Ruark to discuss the proper procedure. Councilman Manning noted that Southern States missed their opportunity at the Planning Commission meeting noting that no one was there to plead their case. If their request for a zoning change is turned down it cannot be brought up again for 5 years.

Moran reported that the outhouse on the front lawn of a home on Elizaville Ave. is a structure, not a building. It can’t be used; the door won’t open. Therefore it is not a violation of city ordinance. Council discussed a burn ordinance. Moran provided a copy of Maysville’s ordinance. Councilman Voiers suggested looking at other cities ordinances since Maysville has a paid fire dept. Moran stated that he had not met with the Codes Enforcement Board and had one member he had not been able to contact. There are no issues to bring before the board at this time.

Chief Sergent introduced Police Officer Ian Kelsch who was previously employed by the City of Augusta. Sergent also reported on a grant opportunity from Homeland Security for $4000.

Public Works Superintendent Jim Compton reported that the new building was complete and ready for final inspection.

Utilities Superintendent Joe Dunaway reported that the fence around the reservoir had been cut several times. People are cutting the fence to gain access for fishing boats. His crew had repaired 16 holes only to find some cut again the next day. This problem cost a lot of time and money and is jeopardizing the City’s water supply due to cattle being located in adjoining fields. Dunaway stated that the water had to be tested for cattle urine and manure. The testing is very expensive, $1,000 per month, and if the results are positive one time the water will have to be tested for life. Dunaway felt that people don’t realize the reservoir is the City’s water source. Mayor Flanery stated that it is hard to catch who is doing this because it is occurring at all hours. Councilwoman Sparks said the City needed to emphasize the penalty if anyone is caught. Cleaning around the lake and repairing the fence could run around $50,000. The owner of the property where most are gaining access stated that he would like to see the reservoir posted ‘no fishing’. Tom MacDonald pointed out that there are several responsible sportsmen that use the reservoir. They are not the problem. Unfortunately a few are going to ruin it for everyone. Danetta Barker offered to do a story in the Gazette to make the public aware of the problem.

Dunaway also reported that there are several dogs in town that are giving his crew problems when they are reading meters. They have to take protection with them. Dunaway asked about laws requiring better fencing, chains, etc. Chief Sergent stated that the City already has an ordinance in place and instructed Dunaway to get names and addresses where there are problems and he will contact them.

Councilman Manning reported weeds on the corner of Cherry Grove and Emmons Lane. Ben Moran said he had already received a complaint about that property and would follow up.

Councilman Voiers stated that Chief Sergent had given him guidelines for fundraising on public highways. Sergent said the State would not issue a permit for people to stand in the road and collect money. The organization collecting money assumes responsibility. Although the City doesn’t need to take any action, Voiers felt it was a safety issue and the public needed to be informed.

Voiers reported that the Dispatch Board had discussed the need for better posting of addresses throughout the county. Numbers need to be a certain size to be more visible. The fiscal court has already discussed this matter. It was suggested that the City and County could have mirror ordinances. Tom MacDonald will work with John Price on this matter.

Voiers stated that the Rec. Park tennis courts are in a terrible state of repair and are almost too dangerous to use. Voiers asked whom the City contacted to see that the courts received some attention. Mayor Flanery referred him to the Rec. Board.

There being no further business, Councilman Manning moved to adjourn at 8:40 p.m. Councilman Alexander seconded the motion. All were in favor.

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Louie Flanery, Mayor

ATTESTED:

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Joy Story Roark, City Clerk/Treasurer Date Approved: _________________