There was a regular meeting of the Flemingsburg City Council Monday, November 12, 2007 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 Hurst led the Pledge of Allegiance.  Minutes of the previous meeting were presented.  Councilman Hurst moved to approve.  Councilman Manning seconded the motion.  All were in favor.

 

Gerald Ballinger, President and General Manager of PEAK (Public Energy Authority of Kentucky), addressed council regarding a prepaid program to purchase natural gas.  PEAK is a non-profit joint action agency that provides gas supply, interstate pipeline capacity management and related services at a discounted rate.  The agency was created by the cities of Henderson and Carrollton in 1998 and is governed by a board of its members.  Ballinger has a strong background in the natural gas business having worked in municipal utilities since 1979 prior to PEAK.  Ballinger explained that PEAK offered a 10-year or 20-year contract.  Gas would be purchased at a predetermined discount using tax-exempt revenue bonds at a fixed or variable interest rate.  Pre-pay savings with a 10-year contract are approximately $.22-$.24 per MMBTU.  Savings with a 20-year contract are nearly double ranging $.48-$.50.   Ballinger stated that if the current prepay transaction didn’t close until 2008 the city would be able to join in.  If it closed in 2007 they would not.  Ballinger noted that details of prepay transactions can be complicated. There would also be liability issues if the City entered into a contract and then withdrew before it was completed.  The City would not have to be a member of the agency to receive the same savings, but would have to be a member to have board membership.  PEAK has three employees including Ballinger.  It takes $.04 per MMBTU to run the organization.  Excess funds are returned annually to its members.

 

  Councilman Story felt it would make sense to allocate 35% of the City’s historical usage through the pre-pay program.  The City could continue to purchase the balance of the City’s gas through Ken Magyar.  Mayor Flanery requested that the Finance Committee investigate the program further.

 

Councilman Story reported that Marvin Suit had met with the Finance Committee to discuss funding for the EDC director position.  The Industrial Authority has not hired a director yet.  Suit reviewed what the position would require.  The Finance Committee recommended funding the position in the amount of $8,000 for the remainder of the current fiscal year with the stipulation that the Industrial Authority use normal hiring procedures during the selection process.  The Finance Committee will look at funding for the next fiscal year when it’s time to prepare the budget.  Councilman Story moved to authorize funding the EDC position with the stipulation noted.  Councilman Voiers seconded the motion.  All were in favor.  The Fiscal Court has agreed to fund an equal amount.

 

City Clerk Joy Roark presented the second reading of Ordinance No. 11-07-1 increasing the Insurance Premium Tax to 6%.  Councilman Manning moved to approve.  Councilman Hurst seconded the motion.  A roll call vote was taken with voting in favor.

 

Mayor Flanery recommended that the 1965 F750 pumper (fire truck) be declared as surplus property.  Councilman Hurst moved to approve.  Councilman Manning seconded the motion.  All were in favor.  Notice to accept bids will be published one time.

 

Chamber Director Crystal Ruark presented the quarterly report of the Chamber’s activities.  Ruark relayed concerns about liability issues regarding the Friendship Parade scheduled for December 7th.  The City had agreed to sponsor the parade instead of the Chamber due to the liability insurance coverage.  However, the Chamber would still assist with organizing the event.  Kim Razor, local attorney and Chamber Board member, requested a statement that the Chamber would be held harmless if a liability issue occurred.  City Attorney Tom MacDonald said he would discuss the matter with Razor.

City Clerk Joy Roark stated that the City’s sponsorship of the parade had already been discussed with KLC, the City’s insurance provider, and the City would be covered in case of liability.  KLC provided guidelines for participants in parades.  Roark noted that the list was too lengthy to copy, but was available for review in City Hall.

 

City Attorney Tom MacDonald stated that he had prepared a new Occupational Tax Ordinance to comply with the model set forth by the State.  Mayor Flanery scheduled a special meeting for a first reading on November 19th at 6:00 p.m.

 

Council discussed the need for a new storage building to store salt for the winter and City trucks and equipment.  Mayor Flanery said that a building 50’ X 120’ with 8 bays would be needed; 2 bays for salt and the remaining to house the garbage trucks, baler for recycling, the trailer and recycling bins.  The building would be located on the hill behind the City Park area.  This would allow for clean up in front of the garage.  Councilman Story commented that the building was needed and cleaning up the garage area would enhance the overall appearance around City Hall.  Story recommended that the Mayor put together a plan and present it to the Finance Committee.  However, Mayor Flanery said the existing building was in such bad shape a new building was needed before any more salt could be ordered.  He had already been getting bids and would like to start right away with Council’s approval.  A new building could be built for around $60,000 plus $5,000 for electrical.  Fifty percent of the cost could come from Municipal Aid money that the City has in reserve.  Council discussed the need for a bigger building that would also house the Utility Department’s equipment if the space permitted.  Councilman Voiers moved to authorize the mayor to spend up to $100,000 to construct a storage building for street maintenance and whatever additional storage is necessary.  Councilman Story seconded the motion.  All were in favor.

 

Councilwoman Sparks reported that the Parks Committee recommended waiting until spring to work on blacktopping at the Foxspring Ave. Park.  Playground equipment has been selected, but the Committee is waiting for confirmation from Melissa Hardy (BTADD) that grant will cover the cost before placing the order.

 

Councilman Voiers reported that the Recycling Committee had decided to implement an incentive program beginning in December.  The first 25 new customers that sign up will get a voucher for $6.00 off their garbage bill.  There are currently 275 customers participating and the schools are now ready to participate.  A bobcat and trailer have been ordered for use in the recycling program.

 

Chief Sergent reported that the Safety Committee didn’t meet this month, but will look at a curfew next month.  Judge Walton had recommended Maysville’s curfew plan.

 

Codes Enforcement Officer Gene Schwartz reported that three cases could come before the Codes Board.  The additional property tax fee has motivated some property owners to comply.

 

Chief Sergent reported that Police Officer Recruits Crawford and Rushing will graduate from the academy in January, Recruits Smith and Thoroughman will graduate in March.  All officers have been trained on tasers and will be carrying them from now on.

 

Waste Water Superintendent Dale Clary reported that his department had been busy trying to locate manholes for the mapping project and working on easements for work on hwy 32.

 

Utilities Superintendent Kenny Dearing reported that the Mills Ave. water tank had been drained.  The crew had started pressure washing the tank and may have it painted in 4-6 weeks.  Dearing stated that water quality in the reservoirs was doing better.

 

City Clerk Joy Roark reported that the annual audit was nearly complete and should be ready to present at the December council meeting.

 

Councilman Story noted that January was city government month and suggested working with the schools to promote it.  Councilman Voiers stated that materials were available on the KLC website.  They could be downloaded or ordered from KLC.  Mayor Flanery said he would like to pursue the matter and would discuss it with (Superintendent) Kelly Crain.   Councilman Voiers will review KLC’s recommendations with the mayor.

 

Councilman Manning reported a street light out on Highridge Dr.

 

Councilman Voiers reported that the Fire Department needed a new door.  Jim Compton said a new door would cost $300.  Voiers also questioned if a new furnace was needed.  Mayor Flanery stated that he had talked to Rick Marshall (Heating and Cooling) about the furnace last year, but would contact him again.  If needed, there is a practically new furnace in the basement of city hall that is not being used.  Councilman Voiers questioned the policy or procedure for patrolling businesses after hours.  Chief Sergent said if the property is posted, then the police can make a list of violators and ask them to leave.  If they return, then the police can issue citations.  This procedure will work if the businesses will back up the actions of the police, but if not then it presents a liability to the police.  Councilman Voiers asked who was responsible for pop machines on the sidewalks and who received the money.  Mayor Flanery said the business owners are responsible and receive the money.  The City has an ordinance regarding sidewalks, but cannot enforce it where pop machines are concerned.  According to the County Attorney it does not cover pop machines; it only says that the sidewalk cannot be blocked.  The City may need to look at Maysville’s ordinance, which forced property owners to remove pop machines from the sidewalks.

 

Councilman Hurst reported that after the water lines on Pumphrey Ave. and Weddle St. were redone residents on Weddle St. complained that water stands when it rains.  Hurst questioned if there was any way to divert the water.  Mayor Flanery suggested that a low curb could be put in and asked Jim Compton to check it out.

 

Mayor Flanery reported that work had started on the sidewalk project.  Local artist Pam Bryant is painting a mural of the old train on the side of the Fire Department.  Three organizations are donating toward the cost of the mural.

 

City Attorney Tom MacDonald thanked the mayor and city council for budgeting money to allow him to attend the KLC conference.  The training sessions were excellent and very beneficial to his work for the city.

 

There being no further business Councilman Manning moved to adjourn at 9:13 p.m.  Councilwoman Sparks seconded the motion.  All were in favor.

 

 

 

                                                                        _____________________________

                                                                        Louie Flanery, Mayor

 

ATTESTED:

 

 

________________________________

Joy Story Roark, City Clerk/Treasurer                        Date approved:  ________________