The Flemingsburg City Council held their regular monthly meeting on Monday, October 10th, 2005 at 7:00 p.m. in the City Annex.  Council members present were Marty Voiers, Carl Haight, Nancy Suit, Georgianna Sparks, Meredith Story, and Scott Manning.  Mayor Louie K. Flanery presided.

 

Councilman Story led the Pledge of Allegiance.  Minutes of the September 12th and September 21st meetings were presented.  Councilman Voiers moved to approve.  Councilman Manning seconded the motion.  All were in favor.

 

There was no old business to discuss.

 

Resolution No. 05-10-1 adopting NIMS for the Flemingsburg Utility System was presented.  Councilman Haight moved to adopt. Councilwoman Suit seconded the motion.  All were in favor.

 

Memorandums of Understanding regarding KIA grant funds for the Cherry Grove Road Sewer project and the pump station upgrade were presented.  BTADD will be the project administrator.  KIA has already approved funding.  The memorandums are required to start the project.  Grant funds for $100,000 were originally intended for the lift station on Elizaville Ave. but can be split and used where needed according to Wastewater Superintendent Dale Clary.  All but one resident has agreed to the project.   The engineer is looking into ways to run the line across the road from this property.  Councilman Story moved to adopt both memorandums of understanding.  Councilwoman Sparks seconded the motion.  All were in favor.

 

Jim Compton updated Council on the progress of remodeling the depot.  Compton estimated that work should be finished in two weeks.

 

The Finance Committee had nothing to report.

 

Police Chief Danny Carpenter, Chairman of the Safety Committee, was absent.  City Attorney Tom MacDonald stated that the committee had been working on the noise ordinance and parking violations.  MacDonald presented a draft of Ordinance No. 11-05-1 regarding the creation of a Codes Enforcement Board.  Before passing anything else the Codes Enforcement Board needs to be in place.  MacDonald reviewed the draft and asked Council to consider the following items: the number of members on the board, who could fill a vacancy, compensation, scheduled meetings, the number of days allowed to schedule a requested hearing, and the amount of fines.  MacDonald stated that this was a model ordinance from another state, which KLC had changed to fit Kentucky statutes.  It can be expanded to be as detailed as needed. 

 

Councilman Story requested that the additional sewer fees from the rate increase be set aside in a separate fund and shown on the financial statement.  He also questioned the status of the audit and requested that the auditors be contacted again about getting started on the audit. 

Councilman Voiers questioned the status of widening Crest Ave. and the street by the old Dairy Queen.  Mayor Flanery stated that Gene Schwartz had met with Tommy Carpenter regarding this matter.  Additional surveying is needed and the deeds need to be pulled to check accuracy.  Councilman Voiers noted that there had been no progress on this matter since June. 

 

The issue of Pepsi machines on the sidewalks was discussed.  Letters were mailed to the company in April, but they had not responded by the July meeting.  Councilman Voiers questioned what was currently being done.  Mayor Flanery stated that attempts to resolve this matter with Pepsi have been unsuccessful, so the issue has been dropped for now.  The ordinance does state that the pedestrian walkway cannot be blocked.  Councilman Voiers stated that is was not appropriate to have these machines on the new sidewalks. 

 

Councilman Story questioned if the codes enforcement officer had received his certification.  Mayor Flanery stated that he had not.  Story then asked if not being certified would interfere with him doing his job.  Tom MacDonald stated that it would in certain situations.  Councilman Voiers noted that being certified was a part of the codes enforcement officer’s job description.  He also noted that in 2003 Council received monthly reports through May, but had received nothing since then.  His job description requires that he report to Council.  Mayor Flanery stated that he would follow up on this matter.

 

Councilman Voiers questioned the status of Police Officer Darren Hull.  According to Police Officer Randy Sergent, Hull was going to another doctor for a second opinion.  City Clerk Joy Roark stated that, after making a second request, worker’s compensation had finally assigned a caseworker, so the City should receive more frequent updates on his condition.

 

Public Works Supervisor Jim Compton reported that he had contacted H.G. Mayes about blacktopping City streets, but he had heard nothing back from them.  There was some concern over getting materials before the plant closed for the winter.  Streets that need repaired were reported.  Council discussed the streets in Barbour Doyle’s subdivision on the by-pass.  It was noted that not all streets in the subdivision have been turned over to the City.  Compton stated that the bad potholes have already been filled.  Council agreed that Compton should have input as to which streets would be accepted by the City.

 

There was no utility report due to the absence of Supervisor Kenny Dearing.  Council discussed budget payments for utility customers.  Mayor Flanery stated that the City would work with customers who could not pay their accounts in full by setting up a payment contract.  Customers who do not abide by the terms of their contract would be cut-off.  Councilman Story asked if anything could be done to reduce the minimum bill if a customer had zero usage.  It was suggested that the minimum bill be lower during the summer months.

 

Waste Water Supervisor Dale Clary had nothing to report. 

 

Councilman Haight asked if the City had a contract on the blacktopping.  Jim Compton stated that no bids had been taken.  Streets had been patched and were in pretty good shape now so the blacktopping could wait. 

 

Council discussed the Dispatch Board.  City Attorney Tom MacDonald stated that everything was on file with the Secretary of State.  All members have been appointed.  Councilman Voiers asked who would take the lead.  Mayor Flanery will follow up on that matter.

 

Councilman Voiers questioned the status of the pornography ordinance.  Tom MacDonald stated that it was a zoning issue and the Planning Commission was reviewing it.  Voiers asked if he could get a copy of the County’s ordinance and if the City would be covered under the County.  MacDonald stated that he had not reviewed their ordinance yet, but vagueness was a problem with pornography ordinances in general.  Councilman Voiers requested reports from other boards affiliated with the City.

 

Councilwoman Sparks requested that garbage at local businesses be picked up later in the day on Monday.  Compton stated that traffic was an issue later in the day on Monday, but he could pick their garbage up early on Tuesday morning.

 

Mayor Flanery reported that there would be a bid opening on October 13th for moving the gas and water lines on the Mt. Sterling Rd.  Council discussed having another free garbage pick-up week.  The week of November 7th was approved.  Mayor Flanery, Councilman Voiers, and City Attorney Tom MacDonald reported on their meetings at the KLC convention.

 

Councilwoman Suit moved to go into executive session at 8:42 p.m. to discuss a specific proposal regarding a contract with a business entity.  Councilman Manning seconded the motion.  All were in favor.

 

Councilman Voiers moved to go out of executive session at 9:00 p.m.  Councilman Haight seconded the motion.  All were in favor.  No action was taken as a result of executive session.

 

Councilman Manning moved to adjourn.  Councilman Haight seconded the motion.  All were in favor.

 

 

                                                                                    _____________________________

                                                                                             Louie K. Flanery, Mayor

 

 

 

ATTESTED:

 

 

 

_______________________________

Joy Story Roark, CKMC

 

 

 

Date Approved:  _________________