The Flemingsburg City Council held their regular
monthly meeting November 13, 2006 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 Haight led the Pledge of Allegiance. Minutes of the previous meeting were
presented. Councilman Story moved to
approve. Councilman Manning seconded
the motion. All were in favor.
Mayor Flanery recognized the following guests: Terry
and Polly Hurst, Robert and Kathy Moore, Brian Ferguson, Reona Marshall,
Randall Wood, Joseph Wood, Van Alexander, and Ricky Hurst. Kathy Moore addressed Council regarding cars
and motorcycles speeding in excess of 50 miles per hour on Garr Ave. Police Officer Randy Sergent had used his
radar gun to clock them. Moore stated
that approximately thirty children live on that street and expressed concern
for their safety. The children are
forced to walk in the street because seven cars are routinely parked on the
sidewalk; the children cannot walk through the neighbors’ yards because some
have dogs on leashes that come all the way to the sidewalk. Moore stated that a week ago she called
dispatch and recorded a motorcycle going 60 mph. She gave dispatch the description of the person and the
motorcycle and where they were located.
Dispatch gave the police the wrong directions so she called back and
repeated her information. A police
officer came 15 minutes later, but turned the wrong way. Moore called a third time and was told the
police officer could not find the person reported. Moore stated that her fourteen-year-old son rode their riding
lawn mower to the person’s driveway to show police where he was, so she
couldn’t understand why the police could not find him. She was told she would have to sign a
complaint, which Moore stated she had no problem doing. Moore stressed that she was not there to put
down the police because officers had responded several times to problems in the
neighborhood, but asked for alternatives to solve the problem. Mayor Flanery asked Police Chief Danny
Carpenter to respond.
Chief Carpenter told Moore she would have to go
through the County Attorney’s office to sign a complaint. The police are aware of the problems and
officers have been patrolling the area.
Some violators have received tickets.
Carpenter said he had not had the workforce or time to patrol more. It would help to know a specific time frame
when the problem was worse so officers could patrol heavier. He also suggested they get license numbers
so the police could trace them.
Councilwoman Sparks asked if this had been addressed in the Safety
Policy. Carpenter stated that it had
been, but the Codes Enforcement Board needed to be in place before the Safety
Policy could be enforced. Councilman
Voiers asked if the Codes Enforcement Officer could issue citations. Gene Schwartz stated he could not issue
citations. Three members and two
alternates are needed for the board. He
had been unable to find volunteers to serve once they read the ordinance and
saw what was required. Kathy Moore and
Brian Ferguson both volunteered to serve on the Codes Enforcement Board. It was noted that police officer Randy
Sergent did not issue citations when using his radar gun to clock traffic in
that area because he was off-duty.
Chief Carpenter met with the group after they addressed Council to
discuss ways to resolve this matter.
Mayor Flanery recognized Joseph Wood and Randall
Wood. Joseph was attending the Council
meeting as part of his government class requirement.
David Graham and his father-in-law, Donnie
Christman, addressed Council regarding his water quality. Graham presented a sample of filtered water,
which was brown in color, and stated that it was the worst it had been. The water smells and taste like dirt. Christman stated that he wouldn’t want
anyone’s children, grandchildren or in-laws to drink this water. He had pumped pond water that was
cleaner. This water is not satisfactory
and he doesn’t know what it would do to him.
Utilities Superintendent Kenny Dearing stated that he had tested the
water ten times last month in the Utility lab and it had tested fine. Councilwoman Sparks asked if the state could
test it. Councilman Story stated that
his committee had met twice and they were hoping to do testing at different
places and compare. They have been
talking with one engineer from Lexington about doing the testing. If that doesn’t work out they have other
engineers to call. Story recommended
having a special meeting before the next regular meeting.
Mayor Flanery stated that the State had recommended
flushing the lines every time the treatment level was raised, but can now
continue on a normal schedule.
According to the State the water is safe to drink. Flanery stated there was some talk about
putting in a water softener plant, but the cost would be around
$5,000,000. The GFCRWC was working on
the funding. Graham asked didn’t that
indicate that there’s a problem and shouldn’t the City stop buying their water
until it is resolved? Why can’t the
City be smart about things and stop buying?
Mayor Flanery explained that the City has a contract with GFCRWC. He has no problem with going to them and
asking for relief, but said he would hear the legal end of it. Councilman Voiers moved that Council request
the mayor to ask for a suspension of the contract until the problem is
resolved. Councilman Story seconded the
motion. All were in favor.
Mayor Flanery stated that the Commission was looking
for both federal and state funds and emergency dollars. Councilman Manning asked how long it would
take to build a water softener plant.
Mayor Flanery estimated at least two years. Councilman Haight asked if customers would be looking at a rate
adjustment as well. Flanery stated
that there were other entities wanting to buy water from the GFCRWC and they
were in discussions now. They were
aware of the problems the City was having.
If new customers are added it could offset the rate increase. Graham asked isn’t this exactly what the
feasibility study done in 2002 showed would happen? Mayor Flanery defended the City’s decision to buy water from the
GFCRWC noting that another option was needed if the City’s existing water
sources failed. Graham stated again that
the mayor should do the right thing and shut the water (from GFCRWC) off. Donnie Christman said they have enough for a
good argument to cancel the contract.
Mayor Flanery stated that the GFCRWC had worked with the City before and
he would ask them to do so again at the meeting on Wednesday. Councilman Haight suggested that money
should be spent on a legal firm.
Councilman Story stated that if the water quality issues couldn’t be
resolved legal action would be an option.
City Attorney Tom MacDonald said the City had to have the chemical
evidence first and then address what to do next. Mayor Flanery commented that he would not have signed the
contract if he had known the water quality, but was told that it would be an
endless supply of good, clean water.
City Clerk Joy Roark presented the second reading of
Ordinance No. 11-06-1 regarding adult entertainment establishments. Councilman Voiers moved to approve. Councilwoman Sparks seconded the
motion. A roll call was given with all
voting in favor.
The following bids were received for surplus
property:
‘94 Crown Vic - Jack McRoberts $300
‘92 Crown Vic - Jack McRoberts $200
‘92 ½ ton Chevy pick-up -Billy Newsom $400
Finish mower - Dennis Masters $178.50
Finish mower - James Denny $225
Joseph
Woods asked if bids would be combined on the first two items. Mayor Flanery responded no, they were two
separate items. Public Works
Superintendent Jim Compton recommended they sell all items advertised. Councilman Story moved to sell to the
highest bidder on each item.
Councilwoman Suit seconded the motion.
All were in favor.
Councilwoman Suit reported that she had received a
call about a man who had been locked out of his vehicle and the motor was
running. She asked if the police
department still had a tool to open locked car doors and, if so, would they
make it available to the public. Tom
MacDonald explained that the police could no longer open locked doors because
of liability issues. Chief Carpenter stated
that they did have a couple of tools and had loaned them out in the past. The tool works well on older models, but not
on 90’s and newer. There is a risk of
damage to auto power locks, power windows, and air bags and people need to be
trained on proper use of the tool.
Mayor Flanery asked the Finance Committee to look at
collection of solid waste rates and recycling.
Councilwoman Sparks asked about the status of the
Safety Ordinance. Tom MacDonald stated
that it was ready and could be presented at the next meeting, but the Codes
Enforcement Board needs to be in place before the ordinance can be
enforced.
Jim Compton reported on the progress of remodeling
the Police Department.
Chief Carpenter reported that the Highway Safety
Grant had been renewed for another year.
Grant funds could be used for overtime to patrol Garr Avenue (referring
to the Moore complaint). Councilwoman
Sparks questioned why the police did not direct traffic at the school
crossing. Carpenter stated that the
traffic flowed a lot better when people just used courtesy. Joseph Wood commented that he rode a bus to
school and sometimes the bus had to wait up to thirty minutes to leave the
school because parents would be lined up to pick up their kids. Carpenter said this had been a problem
particularly in bad weather, but overall the traffic stills flows better
without direction from an officer.
Jim Compton reported that Anthony McGlone would not
be able to do the City’s blacktopping this year, but was trying to work out a
deal to subcontract the work. Compton
had advised McGlone that it was too late in the year to blacktop now, to wait
until spring. Councilwoman Sparks asked
if it was the City’s responsibility to fix the road in front of the Strawberry
Methodist Church. Kenny Dearing said it
would be the City’s responsibility; the sidewalk needed to be repaired. Mayor Flanery noted it was included in the
sidewalk/waterline project.
Codes Enforcement Officer Gene Schwartz reported
that he had contacted the State about trucks parking on Mt. Sterling Ave. The State will send the owners a letter and
ask them to move the trucks. Councilman
story asked him to follow up with the State to confirm that the letters were
sent.
Kenny Dearing reported that there was a lot of air
in the lines when he flushed this time, which would make the water milky in
color. Mayor Flanery commented that the
valve to the well water couldn’t be shut completely so some well water could be
seeping throughout the city. Some City
water lines have been in use since 1938 and over the years a hardened build-up
has formed inside the lines. Seaquest,
the chemical added to the well water, caused the build-up to break loose and
stripped the lines. Putting the coating
back on the lines is a long process.
The State requires that Fluoride and Chlorine be added to the well
water. Councilwoman Suit commented that
she had tasted the well water; it was clear, clean, and tasteless. Suit also commented that the plant was a
very clean facility. The problem is not
with the water, but with the chemicals added to the water. Suit encouraged everyone to visit the well
water facility and taste the water.
Councilman Story stated that he didn’t have a problem with the well
water, but he did have a problem with the water coming from his faucet.
Thurman Paige inquired when the sewer line would be
extended on the Stockyards Road. The
New Life Church of Christ is planning on building an addition to their facility
and is interested in sewer service.
Mayor Flanery stated that Cheap’s were planning on adding some spec houses
to their property, but haven’t got it done yet. The City is waiting on their contractors to finish.
Councilman Voiers asked if the City had a written
policy on the utility budget plan.
Mayor Flanery stated he didn’t think there was anything in writing, it
was just a standard policy used by utility services. Voiers also questioned progress on the skateboard park and
requested to see the plans. Mayor
Flanery stated that he had just received the paperwork on the grant funds. He had received several suggestions on
designs for the park, but didn’t have any definite plans yet. City Clerk Joy Roark stated that she had
attended a session on skateboard parks during the KLC Convention and had
obtained a lot of valuable information as well as references. Councilman Voiers questioned what the City’s
direct involvement was with Connect Kentucky.
Mayor Flanery stated that Connect Kentucky was a program through
Governor Fletcher’s office. The goal of
the program was to enable all Kentucky households to have access to the
internet by 2007. Voiers noted that
Flemingsburg was only at stage 2 on a scale of 0-5 per the assessment by
Connect Kentucky and questioned if there was anything that the City needed to
do to move up. Flanery stated that Chip
Spann was working for Connect Kentucky and noted his knowledge and experience
with internet service.
Councilman Haight reported a drainage problem on
Highland Drive. Mayor Flanery was
already aware of the problem and had asked Jim Compton to look at it, but he
noted that the initial damage was done by a contractor and on private
property. Haight stated that Aberdeen
was having the same water problems as Fleming County and their water came from
deep wells. He wondered if they could
shed any light from their experiences to help the City. The financial situation on the fire truck
was questioned. Mayor Flanery stated
that the truck has been ordered. The
company did not require any money up front.
It should take approximately nine months to build the truck and by then
the City should have most of the funds needed.
Councilman Manning asked if the City could get some
equipment for the smaller children at the Foxspring Avenue Park. Members to serve on the Rec. Board and
represent the Foxspring Avenue Park were discussed. Councilwoman Suit recommended Morgan Lewis and Councilwoman
Sparks recommended Chris Campbell.
Randall Wood, who serves on the Rec. Board, said he was unaware that the
Rec. Board was supposed to govern the Foxspring Avenue Park as well. He will address it at the next meeting of
the Rec. Board on Wednesday night.
Councilwoman Sparks stated that someone had
suggested putting a running track around the old reservoir. Councilman Voiers commented that it would
also be a good green space.
Mayor Flanery recommended Kathy Macht as a member of
the Vacant Property Review Board.
Councilman Manning moved to approve.
Councilwoman Sparks seconded the motion. All were in favor.
There being no further business, Councilman Manning
moved to adjourn at 9:25 p.m. Councilman
Haight seconded the motion. All were in
favor.
______________________________
Louie K. Flanery, Mayor
ATTESTED:
___________________________
Joy Story Roark, CKMC Date
Approved: ________________