There was a regular meeting of the Flemingsburg City Council Monday, October 9, 2006 in the City Annex at 7:00 p.m. Council members present were Carl Haight, Nancy Suit, Georgianna Sparks, Meredith Story, and Scott Manning. Councilman Voiers was absent. Mayor Louie K. Flanery presided.

Councilwoman Sparks led the Pledge of Allegiance. Minutes of the September meetings were presented. Councilman Manning moved to approve. Councilwoman Sparks seconded the motion. All were in favor.

Mayor Flanery recognized the following guests: Fred Rose, Jim Houston, and Vernon Barton with the Western Fleming Co. Water District, Billy Dryden, David Graham, Rick Hurst, and Van Alexander.

Billy Dryden addressed Council regarding a bill for garbage pick-up. Mayor Flanery acknowledged that the City was aware Mr. Dryden was using a private service rather than the City’s garbage collection and told him his account would be credited. Dryden referred to the City’s ordinance for Collection and Disposal of Solid Waste 53.08 (A) and noted that the business he purchased may have changed hands but service by the private carrier was not interrupted so he didn’t see a need to change to City pick-up. Mayor Flanery explained that the wording in the ordinance was not clear and could be interpreted in different ways. Councilman Story pointed out that the wording in section (B) in the current ordinance contradicts section (A). Mayor Flanery stated the ordinance would be reworded. Dryden asked if he would have to change to City pick-up when the ordinance was changed. Mayor Flanery stated Dryden could continue to use a private service until the ordinance is redone. He couldn’t give a definite answer at this time regarding whether he would be forced to use City services once the ordinance is changed. It would depend on how the ordinance is changed.

David Graham addressed Council regarding the quality of his water, which didn’t improve even after his meter was changed. Councilman Story noted that he had received approximately fifty complaints of poor water quality while campaigning and recommended hiring an independent specialist to help identify the problem. Several people have been buying bottled water per Story. Utilities Superintendent Kenny Dearing stated that he tested Graham’s water and it was quite a bit harder than the water tested from the plant. Mayor Flanery stated that the well water had been isolated in one area since June and Graham was not in that area. Graham asked if there was any way the well water could be filtering into his lines. Mayor Flanery stated no. Councilman Story commented that he didn’t know where his water was coming from, but it is definitely hard water. Vernon Barton said Western Fleming had isolated their water problems to the area using water from GFCRWC. Kenny Dearing stated that only Indian Fields is receiving the well water. Councilman Story stated that the majority of his complaints had come from Indian Fields. Van Alexander, a resident of Indian Fields, agreed that the water was bad and has an odor. Councilman Story moved that an independent specialist be hired to investigate and identify the problem. It was suggested that a committee be formed with members from both Western Fleming and City of Flemingsburg. Vernon Barton stated that he would be willing to serve on a committee; Western Fleming wants to know what the problem is. The Regional Water Commission doesn’t know what the problem is, but would like to fix it. Councilman Manning seconded the motion. Barton stated that something needed to be done; they had been sitting around for two years getting nothing done (about the water problem). Mayor Flanery said a cost estimate would be obtained and the costs worked out between the two entities. Councilman Story volunteered to serve on the committee since he had already done a lot of research. Councilman Manning and Fred Rose also volunteered. Mayor Flanery stated he would also sit on the committee. Councilman Story volunteered to chair. All were in favor.

Fire Chief Jerry McCloud addressed Council regarding bids received for a new fire truck. Officers with the fire department reviewed all bids submitted and presented a prioritized list based on the lowest bid that met specifications. The selected bid was presented by Pierce Manufacturing (Finley Fire Equipment Co., Inc.) for $202,777. Bids submitted by other companies did not include all items specified. Pierce can make delivery within 9-11 months. Payment terms can be worked out with the representative at the time the contract is signed. Councilman Story noted that the City already had $125,000 in reserve and $3,000 per month would go into the Fire Engine Fund through the remainder of the fiscal year. With the delivery date 9-11 months away financing the balance will fall in the next fiscal year. Bids are good for 30 days from the day submitted. McCloud stated that the ‘64 Ford would be retired. The City is in compliance and has an ISO rating on the low side of 6. Councilwoman Sparks moved to accept the bid from Pierce Manufacturing For $202,777 contingent on the bid being legal and binding upon review by the City Attorney. Councilwoman Suit seconded the motion. McCloud noted that time is a factor. The bid is for a new truck with a 2006 engine. If they have to go to a 2007 engine the bid will increase $7,000. McCloud also noted that ISO had specified everything on the specs presented for bid. All were in favor

City Attorney Tom MacDonald reviewed the changes made to the Adult Entertainment Ordinance. City Clerk Joy Roark presented a revised first reading of Ordinance No. 10-06-1. Councilwoman Sparks moved to approve. Councilman Manning seconded the motion. All were in favor.

Mayor Flanery presented a Deed of Conveyance for the lift station property on the Elizaville Road. Water lines and the lift station are in the way of road construction on hwy 32. Mayor Flanery asked for permission from Council to negotiate with the State to trade the current property for a site on the other side of the road and authority to sign the deed. The trade would be at no cost to the City. Councilman Story moved to give the Mayor authorization to negotiate with the State and sign the deed to the lift station property. Councilwoman Suit seconded the motion. All were in favor.

Mayor Flanery presented a list of surplus property to advertise for bids. The City will reserve the right to accept or reject any or all bids. Councilwoman Sparks moved to approve. Councilman Manning seconded the motion. All were in favor.

Police Chief Danny Carpenter reported on traffic problems during the Founders’ Day/Court Day festivities and suggested rerouting the traffic next year to avoid congestion.

Council questioned the status on blacktopping. Mayor Flanery stated that Jim Compton had been in contact with Anthony McGlone, H.G. Mays, and he could possibly blacktop a couple of days next week. Another contractor had offered to do the work at the same price as Mays, but Mayor Flanery recommended waiting on Mays.

Codes Enforcement Officer Gene Schwartz reported that the joint City/County Planning Commission had met once and everything went well.

Utilities Superintendent Kenny Dearing reported on a water leak at the Industrial Park. Councilman Story questioned the increased cost of water for the month of September. Mayor Flanery stated that the City received sixty days relief from GFCRWC, but owed for a few days before the water was shut off and the additional cost brought the City’s account up to date.

Wastewater Superintendent Dale Clary reported on the status of damage done during construction at the library on the by-pass. Clary stated that the contractor responsible had not paid for damages yet, so he had refused to let them have a sewer tap until the bill was paid.

City Clerk Joy Roark reported that the auditors should start on the audit by the end of the month. Roark also stated that she had attended the KLC conference and would report on it at the next meeting.

Councilman Manning reported that the streetlight on Crest was tagged, but had never been repaired.

Councilman Story reported that he had received complaints of a big truck parking on Mt. Sterling Ave. Mayor Flanery said the matter had already been reported to the State and they were taking care of it. Story also reported that a Utility budget customer had complained about her payment going up even though she had a carry over credit from last year and asked the City Clerk to check into it.

Councilwoman Suit asked if the State was going to repair the hole in front of the old City Hall building. Suit also reported a terrible bump on Mt. Carmel Avenue. Kenny Dearing stated that a water line crossed the road there; Jim Compton would blacktop that area and it should correct the problem.

Councilman Haight questioned if the City was buying any natural gas, noting that rates were going down. City Clerk Joy Roark stated that the winter storage was nearly full. Mayor Flanery noted that there was no more storage available. The City has only been buying gas as needed and saving the stored gas for the winter months. Haight asked if the City’s rates would be going down. Councilman Story said the rates would have to stay where they are based on the price the City paid for gas in storage. Roark noted that current rates are $5.00 less than last year.

Mayor Flanery recommended Jeff O’Cull and Jim McKee, who were both willing to serve on the Vacant Property Board. Councilman Haight moved to approve. Councilwoman Suit seconded the motion. All were in favor.

Mayor Flanery reported that the City had been awarded $128,000 for improvement to sidewalks in the downtown area through the GOLD. Mayor Flanery stated that the City maybe able to get pavers as cheaply as concrete. The sidewalks approved are in the historic district.

There being no further business Councilman Manning moved to adjourn at 8:25 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: _____________