There was a regular meeting of the Flemingsburg City Council Monday, March 10, 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 Voiers led the Pledge of Allegiance. Minutes of the February 11^th meeting were presented. Councilman Manning moved to approve. Councilwoman Sparks seconded the motion. All were in favor.

Mayor Flanery recognized the following students from Mr. Mark Leet’s class at SMS: Tyler Lykins, Emily Workman, Jasmine Barbee, Samantha Royse, Alexandria Lands, Katie Story, Taylor Humphries, Hannah Pollitt, Morgan Evans, Sarah Jackson, Tiffany Dillon, Cole Clark, Cory Doyle, Lance Emmons, Peyton Retherford, Megan Reeves, and Taryn Wallingford. Other guests included Randy Taylor, Leo Taylor, Wanda Taylor, and Valerie Holman, Tim Fagen with the Buffalo Trace/Gateway Narcotics Task Force, and Emily Anderson with the Fleming County Conservation District.

Anderson addressed Council regarding the Town Branch (Stockton Creek) Watershed Plan. She explained that a watershed is an area of land where all water running off the land drains to a specific location. Most of the city’s population is located within the Town Branch watershed, which is located in the Fleming Creek watershed. A watershed plan is a comprehensive study of all the activities and sources of pollution on the land that drains into a specific location. The purpose of the plan is to raise awareness of watershed issues and find ways to improve water conditions. The project is being funded in part by a grant from the EPA. The Town Branch was chosen for the study by KY Waterways Alliance, a non-profit organization that deals with water quality and conditions statewide under the approval of the Division of Water. Anderson stated that it would take two years to write the plan and encouraged input from local citizens. A round table meeting will be held April 3^rd to give citizens an opportunity to learn more about the watershed and share their concerns. The Kentucky Waterways Alliance is funding the study. Anderson stated that the watershed plan had to be in place before grant proposals for water condition improvements would be considered. Council asked that the old reservoir be included in the study.

Steve Donovan, Economic Development Director, stated that the study would help the City address problems with water quality. Anderson stated that no one had reported a problem with the Town Branch, but testing done from 2004-2007 showed that fecal coliform levels at one test point were not acceptable.

Randy Taylor stated that he was addressing Council on behalf of the black community. Taylor said the City had failed to handle the issue of the Foxspring Ave. Park. He had seen work done at the other park but nothing done at the Foxspring Park. Mayor Flanery informed Taylor that the City had been working on the park. Playground equipment had been ordered and the committee has plans for site improvements, but is waiting on a drawing of the upper landing. Work will begin as soon as the weather breaks. Mayor Flanery stated that the area would be cleaned up, but the trees would be left. A more attractive retaining wall would be put in place. The City is also applying for additional funding and, if awarded, a portion could be used for the Foxspring Park. Taylor stated that Mrs. Frances Jackson initiated the park and felt she deserved recognition. Mayor Flanery stated that three names had been mentioned as names for the park. A decision will be made when the project is further along.

Taylor brought up another issue, racial profiling. He stated that the community feels the police are following them around a lot. His daughter’s boyfriend had just been put in jail for trafficking and she was driving his vehicle. The police followed her all day. Mayor Flanery stated that the City had to comply with the Police Bill of Rights. There is a set procedure to follow when reporting matters such as this. Taylor said he had no problem with that, but his daughter was followed in her car, his wife was followed to work, and he has been followed. They (the police) know their cars. That’s racial profiling. Mayor Flanery stated again that the City had to comply with the Police Bill of Rights. Flanery advised Taylor he could write a letter to the department head, to the mayor, or to the state police if necessary. Taylor stated that he had filed a complaint two to three years ago that was never addressed. Taylor was asked if his complaint was in writing and if he had signed anything. He stated that he did not. City Attorney Tom MacDonald informed Taylor that to file a complaint an affidavit would have to be completed and signed by all witnesses. Taylor stated that there had never been a black/white issue in our community and he doesn’t want one. That’s why he was bringing this matter to Council, to stop it. People from other communities have commented about how well racial issues have been handled in the past. Taylor stated that there was no need to take this matter to the state police; it needs to be resolved on a local level. Mayor Flanery reiterated that the City had to follow the guidelines laid out by KRS in the Police Bill of Rights.

Crystal Ruark reported on the Chamber’s activities.  A calendar of upcoming events was presented.  Ruark stated that she often receives calls about what our community has to offer so she and her staff designed a community events brochure listing upcoming events as well Flemingsburg – Fleming County’s assets.  The City of Flemingsburg is being considered as a location for the Regional Downtown Upper Floor Housing tour, which will take place in May or June.  If Flemingsburg is selected as part of the tour Main Street Managers, their board members and visitors from other communities in KY will be in town.    The owners of Doodles, Banana Tree Studios, and the new owners of the Odd Fellows building have offered to open their homes (upper floor housing) as part of the tour by the group.  Flemingsburg Main Street will be having refreshments for the guests at the Chamber Office on the day of the tour.    The Grayson Chamber asked Ruark to address their members about how our city organizations work together and keep everybody on the same page.   Ruark announced that Joseph Harvey would be the speaker at the next Chamber breakfast on May 15^th.  Harvey uses retired horses to help cancer patients, troubled teens, and the handicapped children.  Mr. Harvey will tell about his center and focus will be on how our community can benefit from the equestrian games.  Ruark stated that Flemingsburg/Fleming County is being advertised in AAA, Kentucky Travel Guide, Northern Kentucky River Regional Visitors Guide, and the Lincoln Bicentennial book being published.  The staff has submitted community events which will be published free of charge.  Stockton Station Inn was featured recently in the Cincinnati Inquirer and their mention of the covered bridges spun several calls to the Chamber office for tourism packets. Steve Donovan stated that they had received several calls and visits due to the article as well.  Ruark presented a brochure of the barn quilts, which was designed by Brenda Flynn.  Carol Shutt did the photography and Donna Fryman compiled the information.  The group received a grant for $2,000 from The Kentucky Women’s Foundation.  The Grant covered the cost of the brochures, a domain name for 5 years, a 1 year web site hosting and the printing up to 5,000 brochures.   The Fleming County Museum Board applied for a marker for Amber Sapp.  Their application was approved and the cost of the marker will be just over $1,600, which will be paid for from funds left over the Bicentennial.  The resting place for Mr. Sapp is in the Elizaville Cemetery and the mark will appear in that area.   Ruark questioned the procedure for using city streets for Swing on Main.  Mayor Flanery advised Ruark to bring details of the event before Council and ask permission.  Ruark asked if a committee had been formed for the Christmas parade and if the City would sponsor it again this year.

Steve Donovan reported that things were progressing well with interest in the community. First impressions are very important. There are a couple of things in the works and he hopes he can talk about them next month.

The second reading of Ordinance No. 3-08-1 regarding Noise Regulation was presented. Councilman Story noted some omitted words and spelling errors. Councilman Voiers moved to approve with corrections. Councilman Manning seconded the motion. A roll call was given with all voting in favor.

Tom MacDonald reported that he had not mailed a letter to the A.G. regarding the contract with Municipal Gas. However, he had researched the issues of concern and found that in matters of proprietary functions the city can enter into long-term contracts. He also called J.D. Chaney with KLC for an opinion and he agreed, so MacDonald stated he was ready to proceed with the contract. Councilman Story noted that Council had already voted to enter into the contract contingent on MacDonald’s approval. MacDonald stated that he would be requesting a couple of small changes and would meet with the Finance Committee. Councilman Story commented that the bond market was weak right now so there would be a waiting period after the City signs the contract before another bond issuance would be done.

Councilman Story followed up on the presentation by Trevor Adkins with Atmos. Story stated that he had informed Adkins of the council’s decision to keep Ken Magyar as agent for natural gas purchases. If the City did deal with Atmos we would want the same contract as Vanceburg. Adkins stated that he couldn’t purchase gas as cheap for Flemingsburg because the city doesn’t have a Columbia Gulf contract. Story reviewed a Platt’s handout showing the price of gas from Henry Hub, Atmos’ source, verses the price from Columbia Gas Appalachia, the City’s current source. After adding Columbia Gulf’s transportation cost onto the Henry Hub price it would be about the same as Appalachia’s price. Story recommended that the City continue with Ken Magyar as agent.

Resolution No. 8-3-1 regarding support of the Buffalo Trace/Gateway Narcotics Task Force was presented. Councilman Story moved to adopt this resolution and contribute $1,938.90 to the Task Force in fiscal year 2008-2009. Councilwoman Sparks seconded the motion. All were in favor.

Resolution No. 8-3-2 regarding support for HB 600, which would give relief to cities in CERS, was presented. Councilman Voiers moved to approve. Councilman Hurst seconded the motion. All were in favor.

Resolution No. 8-3-3 regarding authorization to apply for Safe Routes to School funding was presented. After a brief discussion Councilman Story moved to adopt this resolution authorizing an application for funding not to exceed $35,000 to promote safe routes to school. Councilman Manning seconded the motion. All were in favor.

Approval of two new job descriptions, Police Sergeant and Assistant City Clerk, was tabled until the next council meeting.

Mayor Flanery appointed Councilman Alexander to replace former Councilwoman Suit on the Buildings/Grounds Committee and Police Chief Randy Sergent was appointed to replace Danny Carpenter, former Police Chief. A meeting was scheduled for Thursday, March 13th at 6:00 p.m. in City Hall.

The Finance Committee will meet Monday, March 17^th at 5:30 p.m. in City Hall.

Councilwoman Sparks reported that several names had been suggested for the Foxspring Ave. Park. The Committee reviewed two sign designs for the skateboard park and agreed the larger sign would work best. Councilwoman Sparks asked Councilman Hurst to help with a drawing of the Foxspring Ave. Park.

The Recycling Committee will meet Monday, March 24^th at 5:00 p.m. in City Hall.

Chief Sergent reported that the speed limit on Frazier Ave. was too low and needed to be raised to 25mph. Sergent stated that residents were not used to seeing traffic on Frazier Ave. because it had been a dead end street, but now that it’s opened up it appears people are speeding. Most complaints are due to State employees taking Frazier Ave. as a short cut when leaving work. After a brief discussion Councilman Hurst moved to raise the speed limit to 25 and put up signs alerting drivers to slow down near the day care. Councilwoman Sparks seconded the motion. All were in favor.

City Clerk Joy Roark reported on Senate Bill 249 sponsored by Senator Perry Clark of Louisville. The bill seeks to mandate that city and county employees join the state health insurance pool by 2010. If this bill passes cities will lose control of insurance costs and coverage. Council was encouraged to call legislators and oppose this bill.

Codes Enforcement Officer Gene Schwartz announced a public hearing Tuesday, March 11^th at 5:30 in the City Annex regarding the comprehensive plan for Flemingsburg, Fleming Co., and Ewing.

Chief Sergent reported that his department was applying for four 4 grants; one for O/T and a new cruiser, one through Homeland Security, a Service Fee Grant, and a Jag Grant for equipment. Councilman Manning stated that management personnel from Ken’s wanted to thank police officers for being there when they are opening in the mornings.

Councilman Voiers asked if the Utilities Department had a hydrant maintenance plan. Utilities Superintendent Kenny Dearing stated that there was a plan, but not every hydrant is checked at one time. It is done randomly. Councilman Voiers asked that he mark the hydrants that are not working so the Fire Dept. would know. Dearing stated that probably every hydrant is checked once a year, but they only keep records on flushing. There are no maintenance records. Voiers stated they should have those records as well and need to implement a plan.

Mayor Flanery announced the next Sewer Project meeting would be Tuesday, March 18th at 10:00 a.m. in the City Annex.

Councilman Hurst asked if there was an after hours phone number for emergencies. The recording at City Hall doesn’t give a number to call for gas leaks, etc. City Clerk Joy Roark stated that the phone was set on night ring after hours and would not ring in at other locations. Councilman Voiers suggested checking with the phone company about bypassing the night ring to access the extensions for the other departments.

Councilman Story stated that the resolution regarding curfew probably needed to be an ordinance. Councilman Voiers agreed. Tom MacDonald said he would put it in the form of an ordinance and bring it back to Council at the next meeting.

Councilman Story asked about the old van with flat tires that had been parked in the city park for an excessive period of time. Mayor Flanery said the van belonged to the contractor doing the sidewalks.

Councilman Story asked the status of annexing the RECC and Bill Walton properties. MacDonald stated they were ready, but other properties considered for annexation were not ready yet. The RECC and Walton properties could be annexed now and the others later. Mayor Flanery felt that sewer services could be provided.

Councilman Story commented that Homeland Security had funding available for fire departments and wondered if the City’s fire department had applied. Councilman Voiers said members of the fire department had met with Bobby Money of B.T.A.D.D. last week regarding an application.

Councilman Voiers reported that the new furnaces and door at the fire department were working well.

Councilwoman Sparks encouraged everyone to attend the upcoming Justice Center meeting Tuesday, March 18th.