There was a regular monthly meeting of the Flemingsburg City Council Monday, May 14, 2007 at 7:00 p.m. in the City Annex. Council members present were Ricky Hurst, Marty Voiers, Scott Manning, Georgianna Sparks, and Meredith Story. Councilman Van Alexander was absent. Mayor Louie Flanery presided.

Councilman Story led the Pledge of Allegiance. Minutes of the April 9^th and April 26^th meeting were presented. Councilman Manning moved to approve. Councilman Hurst seconded the motion. All were in favor.

Mayor Flanery recognized Brenda Plummer who appeared on behalf of the Museum Society. Plummer thanked Council for their support of the Museum and asked for help in resolving a flooding problem at the building. When heavy rains occur water comes in under the back door. The problem started after rockwork was done on the alley beside the museum. On one occasion there was approximately two feet of water in the back hallway. Plummer stated that the water was starting to damage the floor tile and she was afraid the museum would lose valuable artifacts if the problem continues.

Mayor Flanery stated that he, Jim Compton, and Larry Cann with Cann-Tech had looked at the area prior to the meeting. Blacktopping the alley is one of the projects planned for the area. Flanery stated that work was also needed on the storm sewer and he planned to landscape the neighboring property. He was trying to get all the projects to come together. Until then the alley could be cut down to prevent so much water from running toward the museum building. Larry Cann commented that cutting the gravel down and grading the alley would be a quick fix; blacktopping, landscaping and working on the storm sewer would be a sizable project.

Brad Gray addressed Council, providing an update on changes with the access channel. Gray noted that work had been behind since Dave Gray had left the station. He was not aware of public complaints until he read about them in the minutes of prior council meetings posted on the city’s website. Gray asked Council to call him at home when there were complaints and he would return their calls. If messages are left at the school he will return their calls, but it may be a week later. Gray reviewed a list of a variety of new shows coming to the access channel. He also reported that a new employee was being trained to do Dave Gray’s former job, which would include answering the phone. Mayor Flanery commented that someone did contact the city about airing an advertisement on the city’s recycling program. Gray noted that the last time he appeared before the Council he had offered to broadcast their meetings, but Council was undecided. Gray stated that the broadcast could be live or delayed. Council agreed that they had no problem with a live broadcast, but did not want to interfere with other programs already scheduled during that time slot that people were accustomed to watching. Gray stated that church programs aired at 6:00 p.m. Moving programs in the 7:00 p.m. slot should not create a problem.

Chris Perry, new CEO at Fleming Mason Energy, addressed Council regarding the agreement for placing antennas on the Mills Ave. water tower. Perry stated the agreement was done in 2002 for one year. Usually under these circumstances there is a five-year contract. Mayor Flanery stated that the contract was done on a year-to-year basis and the last one was done in 2005. Use of the tower was a trade off for Internet services for city offices. Flanery will have Tom MacDonald review the agreement and address it again at the next council meeting. Flanery noted that the city was getting ready to contract painting of the tower. Perry said he would work with the painters and remove the antennas as needed.

David Graham asked Council for an update on the water situation. Mayor Flanery asked Larry Cann to address Graham’s concerns. Cann stated that the water is hard. It is not desirable, but it is not a health issue. Nothing will solve the hardness problem other than a few million dollars (for a water softener system). The DOW considers it an aesthetic issue, not a health issue. Mayor Flanery said the GFCRWC had an application in for funding for a water softener plant.

Councilman Story questioned Cann about the organics in the ground water and if that would create problems when it mixes with surface water. Cann said that the organic makeup of ground water is actually better than that of surface water. One way to mix the two is to treat only half. Mixing the water has a greater effect on older cast iron lines. Graham questioned what nitrates and coliform do. Cann said there are health concerns; they may contribute to crib death. Nitrates are more of an issue with ground water and are more prevalent in farming areas. Coliform is an indicator of bacteria. Utilities Superintendent Kenny Dearing said they routinely test for this and results are either positive or negative. Graham questioned the maximum acceptable lever. Zero was the response.

Marla Toncray with the Ledger-Independent referred to an interview with Councilman Story in which he had indicated a section of water line was going to be cut out and tested. Mayor Flanery said this had not been done. He had spoken to engineers with Cann-Tech, HMB, and Quest who agreed this would be useless because the same thing would be found in all old lines. Larry Cann said he didn’t know what you would look for when you cut the lines. It would be more advantageous to test the water. Altering the flow of water can cause problems similar to the city’s. Cann explained that bacteria can hide anywhere in the line. Biofilm is a coating that can be put in the water line to cover bacteria. Toncray asked about testing Graham’s water for contaminants. Kenny Dearing stated that several tests had been done and all were within the allowable range. Monty Rhody, also with Cann-Tech, had been in touch with the state regarding the water problems. The GFCRWC is in compliance. The only thing out of line was hardness.

Councilman Story said he was concerned about mixing waters with different organics and also that the hard water was causing deterioration of the infrastructure. Cann stated that tap water is more regulated than bottled water. It takes a while to put coating on the lines and treat the water for taste, but GFCRWC is trying to do that. Mayor Flanery stated that Monty Rhody would continue to work on this problem and seek direction from the state. Cann said his first suggestion would be to start replacing old lines. Mayor Flanery reported that funding had been applied for, but grant money was hard to come by. Loan money at 1% may be available. Most of the older lines are located in the downtown area. Cann stated that Louisville had recently replaced old water lines, approximately 88 miles of 4” line at $200,000/mile.

City Clerk Joy Roark reported that the new fire truck would deliver around June 11^th and would have to be paid in full at that time. The total due would be $202,777. The city currently has $36,000 cash on hand in the fire engine fund and $119,353.27 in CD’s designated for the new fire truck. Roark stated that three CD’s would mature in July, one in August, and one in March of 2008. Funding would be needed to cover the balance due until the CD’s mature. The Peoples Bank agreed to loan the City money at 5.95% using the fire truck as collateral. Councilman Story moved to take a short term loan for the balance on the truck (total invoice amount less $36,000 cash on hand), as the CD’s mature pay that amount on the debt, continue to set aside $3,000 per month in the fire engine fund to apply to the debt and pay the balance from the General Fund rather than financing the remaining balance, which would be around $20,000. Councilwoman Sparks seconded the motion. All were in favor.

Codes Enforcement officer Gene Schwartz reported that Francis Kissick had requested the City accept his street located by Citgo on the by-pass. Schwartz stated that the street was named Birch Street, was 50 ft. x 200 ft., made of concrete, and was located on the left of the Citgo parking lot. The street goes to the storage buildings behind Citgo. The property had been subdivided and platted, and had been annexed into the city. Kissick has a tract for sale and would like the street to be adopted into the city. The street is in good shape, but is being used as part of the parking lot for Citgo now. Council agreed they wanted to look at the street before making a decision.

Council discussed the Interlocal Agreement regarding the narcotics task force. Mayor Flanery reported that Pendleton County wanted to be added and Nicholas County had expressed an interest, but had not made a commitment. Councilman Voiers moved to approve. Councilwoman Sparks seconded the motion. All were in favor.

Crystal Ruark, Fleming County Chamber Director, reported on the activities of the Chamber for the past quarter as well as upcoming events.

Councilman Story stated that the Finance Committee would meet Wednesday, May 16^th at 6:00 p.m. in the City Annex. Carpenter Insurance will be presenting a quote on the city’s property, liability and worker’s compensation insurance.

Mayor Flanery appointed Assistant Police Chief Randy Sergent to chair the Safety Committee. Sergent stated he would like to meet the first part of June.

Councilman Voiers reported that prizes had been awarded to the winners of the poster contest. Roger Ruark is doing recycling emblems for all Sanitation vehicles.

Thursday, May 31^st the Police Dept. will be hosting open house from 11:00 a.m. to 2:00 p.m. Assistant Chief Randy Sergent reported that the phone line 845-2321 had been freed up for administrative use only; the alarm systems will ring into dispatch. The department currently has five officers and is taking applications until May 18^th.

Codes Enforcement Officer Gene Schwartz reported that Kathy Macht had agreed to serve as an alternate on the Codes Enforcement Board. Councilman Story moved to approve. Councilman Hurst seconded the motion. All were in favor. Schwartz stated that he would be holding a training session next week.

Councilwoman Sparks asked if the city would mow the yard of a property held by a mortgage company. Mayor Flanery said the city would have to mow the yard and attempt to get reimbursed by the mortgage company.

Public Works Superintendent Jim Compton reported there were four tons of recycling picked up in April and two hundred one containers had been issued. Regarding patching and resurfacing city streets, Compton stated that the city didn’t need enough to justify opening the plant. They will have to wait until bigger orders come in.

The next meeting regarding the new justice center will be June 5^th at the courthouse annex. The board was appointed by the state and has no city representation. Council members were encouraged to attend.

Councilman Voiers questioned the status of the used cars parked on the lot leased from Quality Appliance. Voiers noted that a trailer loaded with used appliances is also sitting there. Mayor Flanery stated that the area in question was left open for Quality Appliance to use. Jimmy Gibson, owner of Quality Appliance, had given Mr. Clark permission to park the used cars there. Tom MacDonald stated the lease allows enough room for unloading tractor-trailers. The rest of the parking area should be open to the public.

Councilman Voiers reported a complaint about rock put on private property around the walk bridge. Jim Compton stated the riff raft was put there per instructions by FEMA. He will have the rock removed and the owners can do whatever they want with the property.

Council discussed opening the street into the Methodist Church parking lot and making it two ways. Councilman Voiers suggested the Safety Committee address this matter.

Councilman Voiers also suggested raising the insurance premium tax to 6% if the fiscal court passes a 6% insurance premium tax. The current rate is 5%. Voiers requested a bigger bulb for the streetlight on Crawford St. noting the area was extremely dark. Internet service for city departments was discussed. The service is available to all city departments at no cost per the agreement with Fleming Mason Service, but Mayor Flanery stated not all departments had asked for it. Voiers questioned if the Waste Water department had computers and Internet access. Dale Clary, Superintendent, stated he did have computers and Internet access would make his life simpler, but he did not have that service. Voiers stated if it was needed it should be installed.

There being no further business Councilman Manning moved to adjourn at 9:30 p.m. Councilman Story 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: ________________