CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, August 3, 2009

CALL TO ORDER: Regular Business Meeting

Mayor Pro Tem Bob Kelly called to order the Regular Business Meeting for the Union City Commission on Monday, August 3, 2009 at 7:00 p.m.

Present: City Commissioners Bob Kelly, Todd Sayers, John Adams, and John Mefford. Also, City Attorney Greg Voss, City Engineer Barry Burke, (FOPPE Technical Group) and Kathy Porter (City Clerk/Treasurer). Absent: Mayor Don Kirby. Seven (7) citizens signed the attendance sheet.

MINUTES: (All Commissioners were provided a copy prior to tonight’s meeting)

Commissioner Sayers moved to accept the REGULAR BUSINESS MEETING MINUTES of Monday, July 6, 2009 and the motion was seconded by Commissioner Mefford. Motion carried.

TREASURER’S REPORT: Commissioner Adams moved to accept the Treasurer’s Report as of July 31, 2009 as presented. Commissioner Mefford seconded the motion. Motion carried.

UNION CARES PROGRAM – August – Harvest Ministries

Representatives Bobbie Rachford and Roy Lucas were in attendance from Harvest Ministries which is the benevolence ministry of Erlanger Baptist Church. Ms. Rachford gave a brief description of the service they provide to any individual or family that seeks assistance from them. Handouts were provided with more information about them along with a wish list of items needed and their hours of operation.

CORRESPONDENCE:

Mayor Pro Tem Bob Kelly read an invitation to attend Kevin Richard Hoeben’s Eagle Scout Court of Honor that will be held on August 22, 2009, time 1:00 p.m. at St. Timothy Catholic Church, Union, KY.

Invoice received from resident F. Wayne Gober for the lawn cutting work he performed at 9866 Burleigh Lane, Union, KY. Attorney Voss advised that we have an ordinance to follow regarding the cutting of weeds and grass. We cannot use public funds for maintenance on private property. He recommends that we not pay this invoice. He said that if the citizen would like he could place a mechanics lien on the property for improvements. Commissioner Kelly said that he would speak to Mr. Gober.

OTHER BUSINESS:

At this time, Attorney Voss spoke about the annexation of the Quinn property on U.S. 42. He commented that he contacted Don Quinn and that he would like to meet with a couple of commissioners to discuss this further. Attorney Voss advised that he will coordinate a meeting and let us know.

Mike Apgar from Sanitation District #1 (SD1) was present tonight to answer questions about the pending storm water infrastructure transfer. Documents have been submitted to all of the co-permittees within the SD1 jurisdiction. Mr. Apgar explained the overall process, which has been ongoing for the last five (5) years, when the first interlocal agreement was approved. City commissioners had some more questions and study this further and would consider a Resolution for this transfer at the next meeting.

CITIZEN COMMENTS:

Union resident Lisa Compo, Braxton Drive, would like to thank the City of Union for starting a recycling program with a hauler. She also brought pictures of the mound of dirt that was built to the rear of her property within the Arbor Springs development in May of 2006. The mound blocks view from the outside of the back of her home. Ms. Compo feels that the mound of dirt is hurting neighbors’ sale their homes and based upon unusual wind currents has contributed to her losing shingles from her roof. She wants to know if there is anything she can do to have the owners or developers move the mound.

Attorney Voss said he will talk to Arlinghaus (Bob Schroeder) on behalf of the citizens. Also, he will look into getting an

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Ordinance so that this will not happen in the future. For some added help, Mr. Burke advised her to do the following: a) contact Kevin Costello at the Boone County Planning Commission regarding the active subdivision plans under planning commission’s authority. The previously approved grading plans should have some controls regarding the ongoing deposition of earthwork. Regulations should have some time constraints that earthwork fills may be placed; and b) Contact Sanitation District No. 1, SD1 has taken over the responsibility for storm water, which is related to grading within development sites.

George Allen: Is wondering when his driveway will be repaired, like Mr. Hansers driveway across the street. Mr. Burke stated that the City of Union has coordinated with G& T to repair his driveway; and, they must have forgotten to schedule this item fronting his home. Mr. Burke has spoken with G &T’s George Finke numerous times about Mr. Allen’s driveway and other uncompleted items and each time they have given excuses such as equipment failures, weather related issues, or another job, etc. On August 3, 2009 he received an e-mail and Mr. Allen is on the list. He gave him a copy showing the schedule. Mr. Burke, also asked Mr. Finke to contact him when they are going to be completing the list because he must observe the completed work. Mr. Burke assured Mr. Allen that items, as listed will be completed.

Bill Long: 1764 Mt Zion Road. Mr. Long stated he has about fifteen (15) trees including a White Pine and a Locust that are in the way of the planned sewer that are within the easement. He also stated that he would have to move two pet graves. He also stated that the sewer will have to go under a chain link fence twice and take out a corner of his carport. He wants to know which commissioner goes and appraises the land. His neighbor was offered $4,600.00 for his one (1) acre and he was only offered $4,750.00 for two (2) acres and he will have to move many things. Mr. Burke stated that the designer of the plans, as approved, made every effort to locate the sewer to miss physical structures. Unfortunately, some trees could not be saved. Mr. Burke questioned why the plans would go through his carport. Mr. Long was concerned about his trees that are going to have to be torn down. Mr. Long suggested using a drainage ditch that was put in over thirty years ago. Mr. Long stated that he was not notified of these changes until about two months ago. He says he tried to contact Attorney Voss about a year ago and was told that Attorney Voss would have to get back to him and he never did. With direction given by Mayor Kirby, Mr. Burke advised Mr. Long that he would thoroughly review the plans with Mr. Long after meeting so that they can discuss each item of his concern one (1) by one (1).

CITY ENGINEER REPORT: Mr. Barry Burke with Foppe Technical Group presented the City Engineer’s Report. (All Commissioners were provided copies prior to the meeting). Mr. Burke pointed out changes in that Report that was handed out prior to the meeting. Sanitary Sewers are now about sixty (60.8%) percent complete. Phase C is near ninety (90) percent complete and Phase A&B is near Thirty-Seven (37) percent complete. Mr. Burke forwarded to G&T a copy of all outstanding work, as punch listed, for Phase C including issues regarding Mr. Johnson and Slone. In addition, he advised that water is surcharging from Mr. Boehm’s property via natural springs surfacing from the public sewer trench and run across Mr. Boehm’s rear yard. This problem will have to be resolved at the city’s expense, as a further extension of drain line installed earlier. The DECA Company which is in the old PNC Bank building called Mr. Burke on Monday August 3, 2009, stating that the onsite system has backed up and is causing an odor in the building. Mr. Burke stated that G&T was called to remedy the problem, since the existing leach field was disturbed. It has been a practice of the city to pay for septic tank pump outs; however, it is his understanding that DECA has not made this request. Union Community Center change of use from business to Community Hall. Mr. Burke provided multiple copies of the plans, as authorized by the city, to Karen Franxman and City Commissioners. The report provided to city administration, with input from Boone County Building Department’s Mark Martin detailed three (3) options. Option #1 was the most reasonable and inexpensive, wherein the second floor would have to be blocked out via the existing access door bolted shut and used as a void having only a 20” x 30” access door. Other items as recommended by Mr. Martin such as inspections on electric, HVAC and plumbing were discussed. SD1’s Consent Decree is moving forward with District’s listing of projects impacting Union mentioned Arbor Springs is still having drainage problems along a sidewalk where another complaint has been received from a Mr. Walton. This is the same problem we were unsuccessful in resolving last year. Mr. Burke suggests we install about 235 feet of side drain between the lots the cost would be $5,900.00 at city cost. The city directed Mr. Burke to resolve this problem with a qualified contractor.

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PLANNING & ZONING: Jim Longano - Planning and Zoning Union Representative

Mr. Longano was not in attendance but submitted his monthly report to the commission. Mr. Kelly mentioned the site plan review for the Summit Medical Group.

Public Works: Mayor Pro Tem Bob Kelly mentioned that the city is now offering curbside recycling to the city residents at no charge. He mentioned that we are looking into property maintenance for foreclosed homes. Mr. Kelly asked that the other city commissioners’ drive through Hempsteade to inspect the speed hump to get their opinions on how they would like to model the speed hump issue. He also mentioned that a new roof will be replaced on the Union City Building as there has been hail and storm damage to it and a claim has been filed with our insurance company for reimbursement.

At this time Mayor Pro Tem Bob Kelly asked for a motion to set a Reimbursements Policy for Septic Tank pump Outs. Commissioner Adams made a motion to accept, Commissioner Sayers seconded. Motion carried.

CITY EVENTS COORDINATOR: Karen Franxman mentioned that she met with Kathy Porter recently for about two (2) hours to discuss ideas and she is planning. She stated that she will be starting in September working at the City Building on Wednesdays so that she can work with the citizens on donations. She announced the date for the next City of Union’s “Movie Night” which will be held on Friday, September 4 at 7:30 p.m. showing “Roger Rabbit”. Then in October we will be showing “Ghost Busters”. Ms. Franxman is working on the permit for the new Community Center. Appointments have been scheduled for next week with plumbers, HVAC, and electricians to get this project going. Also, she and Kathy Porter are working together on getting estimates on the cost of construction for handicap accessible restrooms. Ms. Franxman mentioned that there will be more information at the Union City Building for anyone interested regarding a brand new community theatre company that is bringing quality theatre productions to Union, KY and surrounding communities. The show will take place on September 24, 25, 26, & 27 and will be “You’re a Good Man Charlie Brown”. Ms. Franxman is planning a volunteer committee meeting that will take place every third Wednesday of each calendar month at 6:30 p.m. starting in September; they will meet at the Union Community Center. All interested volunteers need to fill out a volunteer form. The form can be picked up at the City Building or at one of the committee meetings. Ms. Franxman would like to see it there would be any interest out there on Union having a volunteer Gardening Club. She also mentioned the Union Cares Program and read the comments she received from past recipients. She announced the charity’s calendar for the remaining year as for: August = Harvest Ministries, September = Hosea House, October = Be Concerned, November = Brighten Center, December = “HUGS” collection.

On-Site Sewage Backupage Cost Reimbursement Policy – A policy to regulate when the city will pay a resident’s contractor regarding sewerage back up caused by the new sewer construction as drafted by the City Engineer. The policy was adopted subject to a formal Resolution prepared for the next meeting. Mr. Burke assured the city commission that such policy should be administered in a flexible fashion. Any issue in question (e.g., income problems, etc.) will be brought back before the city commission for action.

OLD BUSINESS:

Second reading of ORDINANCE NO. 2009-007 - AN ORDINANCE ACCEPTING THE BID OF Rumpke of Union Kentucky, Inc. AS THE LOWEST, BEST AND MOST RESPONSIBLE BID FOR THE EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE OF ENTERING IN AND UPON THE STREETS AND PUBLIC WAYS OF THE CITY OF UNION, KENTUCKY, FOR COLLECTING AND HAULING AWAY FROM HOMES, DWELLINGS AND OTHER PLACES WHERE NECESSARY, GARBAGE, TRASH AND REFUSE, AND GRANTING AN EXCLUSIVE FRANCHISE FOR SUCH PURPOSES. Commissioner Kelly made a motion to accept, Commissioner Mefford seconded. Motion carried.

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NEW BUSINESS:

First reading of ORDINANCE NO. 2009-009 – AN ORDINANCE LEVYING AND FIXING THE TAX RATE OF THE CITY OF UNION, KENTUCKY FOR THE FISCAL YEAR 2009 LEVYING SAID TAX UPON REAL AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING THE PROCEDURE FOR

COLLECTION OF TAXES. Commissioner Mefford made a motion to accept, Commissioner Sayers seconded. Motion carried.

EXECUTIVE SESSION:

At this point Attorney Voss stated the commission would go into Executive Session pursuant to KRS 61.815 Land Acquisition and Litigation. Mayor Pro Tem Kelly called for a motion to go into Executive Session. A motion was made by Commissioner Adams and seconded by Commissioner Sayers at 9:32 p.m. Motion carried.

Commissioner Kelly called for a motion to come back into regular session after the Executive Session. A motion was made by Commissioner Sayers and seconded by Commissioner Mefford at 9:55 p.m. Motion carried.

ANNOUNCEMENTS:

Next Regular City Commission Meeting will be held on Wednesday, September 9, 2009 at 7:00 p.m. at the new firehouse. Prior to the regular business meeting Pizzuti Solutions, LLC will make a Town Center Study Presentation at 6:00 p.m.

City Clerk Kathy Porter mentioned that modifications to the city website are being made as soon as possible.

ADJOURNMENT:

No further business came before the Commission. Commissioner Adams moved to adjourn the meeting at 10:00 p.m. Commissioner Sayers seconded the motion. Motion carried.

Signed this 9th day of September, 2009.

APPROVED: ATTEST:

________________________ _______________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer

Bob Kelly, Mayor Pro Tem