CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, October 5, 2009

CALL TO ORDER: Regular Business Meeting

Mayor Don Kirby called to order the Regular Business Meeting for the Union City Commission on Monday, October 5, 2009 at 7:00 p.m.

Present: Mayor Don Kirby, City Commissioners Bob Kelly, John Adams, Todd Sayers, and John Mefford. Also, City Attorney Greg Voss, City Engineer Barry Burke, (FOPPE Technical Group) and Kathy Porter (City Clerk/Treasurer). Thirteen (13) citizens signed the attendance sheet.

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

Commissioner Mefford moved to accept the REGULAR BUSINESS MEETING MINUTES of Wednesday, September 9, 2009 and the motion was seconded by Commissioner Adams. Motion carried.

Correction to September 9, 2009 minutes, Mrs. Moran instead of Mr. Moran was at the meeting in the summer of 2008.

TREASURER’S REPORT: Commissioner Sayers moved to accept the Treasurer’s Report as of September 30, 2009 as presented. Commissioner Kelly seconded the motion. Motion carried.

UNION CARES PROGRAM – October – Be Concerned – All details are on the Union Website.

BOY SCOUT RECOGNITION: Mayor Kirby introduced and recognized Pack 32. Each child introduced themselves:

Collin Dorsey

Collin Fossett

Seth Hughes

Cole Sandler

Nicholas Sebastian

Thomas Lykins

CITY ENGINEER REPORT: Mr. Burke referenced his detailed City Engineering Report and summarized stated the following issues. Mr. Burke spoke about the city’s sanitary sewer system. Phase C is now ninety-one percent (91%) complete; and. Phase A & B in about sixty percent (60%) complete. On the total project for both phases, we are about seventy-five percent (75%) complete. We have had several issues that have come up and Mr. Burke highlighted some. The first he spoke about is compensation to Mr. Allen and the birch tree lost & outside the easement limits. Attorney Voss stated that he had spoken to Mr. Allen during the day. Attorney Voss told him we would get an estimate to settle this issue. Also Attorney Voss stated that he would talk to Ammon Nursery.

Mr. Burke spoke about Item# 1. (b) (5). —Mr. Yuzo Kojima at 10104 Russwill Drive and his original water irrigation system was damaged by the new sewer construction. Mr. Kojima’s request includes a compromise with the city for the damages Mr. Kojima’s and his contractor (i.e., Xpert Irrigation) has estimated that total cost for replacement of the entire system in-kind would be in excess of $10,000. Mr. Kojima with his contractor’s estimates only a replacement of a smaller portion of the work. This estimate by his contractor is to be$2,703. Mr. Burke submitted this estimate to the commission for record. Mayor Kirby wanted to know if this estimate is reasonable or not. Mr. Burke agrees this estimate is a reasonable alternative. Mayor Kirby gave the go ahead to compensate Mr. Kojima for his irrigation system, as modified. Mr. Burke will forward this information to Clerk Kathy Porter for payment.

A question was asked from a boy scout in attendance concerning the sewer project and trees. The question was “Why not just go around the trees?” Mr. Burke answered stating that the designs of public sewer lines have both horizontal and

UNION CITY COMMISSION

MINUTES – Monday, October 5, 2009

PAGE 2

vertical alignments between surface access manholes. The locations of trees are considered in the design. I most cases trees are avoided, wherever practicable. However, in certain cases, some trees cannot be avoided within the limits of the city’s easement. Quite simply, sewers cannot be made curved to avoid all trees.

A question was asked about when the sewer project might be completed. Mr. Burke stated that this project will probably proceed into the spring of next year, 2010; due to the approaching winter season Mayor Kirby asked is the contractor using different staff for the restoration project than the actual sewer installation. Mr. Burke stated that G&T Excavation subcontracts with Anderson Landscaping to perform the restoration. In response to Mayor Kirby concerns for erosion, Mr. Burke stated that while tap-ins may not yet be accomplished due to the 30 day waiting period for testing procedures, he will ensure that certain vegetative restoration (e.g., winter wheat) will be performed before the winter freeze to minimize erosion.

Regarding Item # 1. (b) (14). Mr. Kemp a resident at 10178 Russwill Drive may ask the city for help for the plumbing costs. Mr. Burke stated that Mr. Kemp has limited income and with other information regarding an inappropriate closer tie-in to a future SD# 1 sewer, recommends that the city provide any help with this the city can, where legally applicable. Attorney Voss recommended that we help him, since his neighbor had been compensated significantly and he had not asked for any help to date.

The next issue Mr. Burke spoke about was Item 1. (c) (6). Mr. Schrage lives on Mt. Zion Road opposite the City Building. He is one (1) of only two (2) residents that have the sewer running through his front yard as opposed to the back yard. Mayor Kirby had asked Mr. Burke to get a couple of estimates for sod, about 240 sq feet. Mr. Burke has received one estimate from Environment Services Group, the amount was $2,420. Mr. Burke is awaiting an estimate from Anderson Landscaping. Mayor Kirby asked if the sod would be put in before winter. Mr. Burke stated that if the sewer was in place and tested and the area was graded ready for the sod by about November 15 then it could be placed, otherwise it will have to wait until spring. The mayor stated that the contractor needs to make sure that the yards need to be winterized so that erosion can be prevented. Mr. Burke stated he would follow up with G&T excavation to perform this restoration, where practicable.

A boy scout asked what the sewers are for. Mr. Burke stated references to problem clayey soils in Northern Kentucky. A public sewer system will enable on-site sewerage systems to be abandoned, new connections made for adequate sewage treatment by a regional sewer agency, thereby eliminating a public health hazard. Mayor Kirby also explained that we as a city have placed the sewer lines to take the waste from each individual house to the sewage treatment plant as opposed to what most of the residents have now which is a big tank in the back yard. He explained that these tanks can crack and overflow during heavy rains which cause an environmental and health issues.

The next Item# 1. (d) Mr. Burke mentioned was G&T Invoicing. He stated that there is about $17,000.00 worth of Change Orders that has already been issued for this project. We just received the latest Invoice for $36,480 that was forwarded to Kathy Porter, City Clerk for a partial 90% payment. Mr. Burke also mentioned the loan assistance package, which is the $517,500.00 loan to pay the contractor. Kathy Porter, City Clerk stated that the package documents had not been mailed back to local attorney in behalf of KIA, but will be mailed shortly after signatures have been added.

The next Item# 3. Mr. Burke mentioned resulted from the meeting he, Mr. Kelly and Mayor Kirby had with Mr. Moran concerning the fence on the storm water culvert in his back yard. Mr. Burke provided the commission with some background and a new sketch of a horizontal fencing to cover the culvert. He is waiting for more input. Mr. Burke also called Mills Fence concerning the estimate of $1,150.00 for the vertical fence, now removed and returned. Mills Fence took the fence back and the city of Union will not be charged. Mr. Burke will call Mr. Moran to see if this is an adequate solution. Commissioner Adams had a concern- regarding the 6-inch spacing of the re-bars for the horizontal fencing. Mr. Burke agreed that the original intent of the 6-inch bar spacing was for safety for vertical fencing; and, would consider a closer spacing of perhaps 4-inches on the horizontal cover to improve safety.

UNION CITY COMMISSION

MINUTES – Monday, October 5, 2009

PAGE 3

Regarding Item #18, Dr. Mersch a Union resident of Clarkston Drive has requested water service. Mr. Burke spoke with Boone County Water Commission (BCWC) staff to for providing such water service. As understood, the BCWC can

provide an extension under Old Union Road, and a new meter at no cost to Dr. Mersch. An easement may have to be acquired form Don J’s Garage, a permit from the KYDOW for crossing Fowler Fork Creek. The cost of installing a private domestic water line would be at Dr. Mersch’ expense. Mr. Mersch stated that an alternate connection to Florence’s system would require annexation to Florence, an issue he was not interested in.

Regarding Item # 19, Mayor Kirby mentioned the lighting at the entrance at the Villa’s at Fowlers Creek. He wanted to make sure that he is clear on what the city is actually paying for. Mr. Kelly stated that the City of Union will be paying for the electric services provided by Duke Energy. As for the construction or installation, a reference was made to how the original construction was handled several years ago. Attorney Voss stated that after Mr. Burke confirmed that the work was located on private property, therefore the city is not responsible for paying for the installation.

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

Mr. Longano was not in attendance but submitted his monthly report to the commission. There is nothing this month that will affect the city of Union directly.

COMMISSIONER OF PUBLIC WORKS/UNION VISIONING COMMITTEE: Bob Kelly-Commissioner of Public Works; Mr. Kelly mentioned project at Union Village gas vs. electric. The average for the payment of the gas lights is $731.00 per month. The HOA put together a budget number to switch the gas lights out to electric and they are looking at over $300,000.00. All the fixtures would have to be torn down. Mayor Kirby stated that we pay the street lights everywhere else in the city; we should reimburse the HOA for the amount that would be paid for electric.

Mr. Kelly mentioned the three speed humps that were approved for Richmond Rd. He wants to know if they can get poured before winter. Mayor Kirby suggested that Mr. Kelly work with Mr. Burke on this project. Mr. Burke suggested that we put two speed humps in between Merrimac and Kroger, because of the speed in that area. Mayor Kirby said to do that next and as soon as possible.

Mr. Kelly stated that letters are still going out about high grass.

The next item concerns snow removal and salt storage. The salt is currently right across the creek and on the hill. Spillman states that he needs better access he suggests that we move the salt up by the pool. Mr. Kelly needed

Commission approval so he could go to the county to ok the move. Mr. Kelly stated that Spillman says that he would have nine or ten people that would have access to the building for use of the restroom. As far as parking the truck inside the building Mayor Kirby said that he could have a bay to park his truck in.

The visioning committee had a meeting on October 1, 2009. They are debating having an event to bring in developers or bring in individual developers for the town plan.

CITY EVENTS COORDINATOR: Karen Franxman was not in attendance but submitted her monthly report to the commission. Mayor Kirby reviewed her report. We got the change of use permit on the old firehouse.

On October 2 we had last movie night of the year. Not a huge turn-out, but those who came had fun.

We have had some inquiries about using the community center for events. Karen is working with Kathy to create a rental agreement.

The next major event is the Chili Cook-off which will be held on October 24, 2009 from 5-11. All details are on the county website.

The Union Community Theater presented You Are a Good Man Charlie Brown.

OLD BUSINESS:

Storm Water Infrastructure Transfer - Mayor Kirby states that he has issues with the transfer. Pointing out the lawsuit that Cold Springs has. Attorney Voss spoke with Jim Parsons. Mayor Kirby said that since there is nothing pending then maybe we should just wait and see what happens with the lawsuit.

UNION CITY COMMISSION

MINUTES – Monday, October 5, 2009

PAGE 4

NEW BUSINESS:

First reading of ORDINANCE NO. 2009-010 – AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF UNION, KENTUCKY. Commissioner Sayers made a motion to accept, Commissioner Kelly seconded. Motion Carried.

First reading of ORDINANCE NO. 2009-011 – AN ORDINACE ANNEXING CERTAIN UNINCORPORATED TERRITORY ADJACENT TO THE PRESENT BOUNDARIES OF THE CITY OF UNION, KENTUCKY. Commissioner Adams made a motion to accept, Commissioner Mefford seconded. Motion Carried.

ANNOUNCEMENTS:

City Clerk Kathy Porter mentioned to the commission that the city will now be accepting credit cards. The cards accepted are Visa, Mastercard, and Discover. There will be a 2.00% convenience fee added to amount due.

Next City Commission Meeting: Monday, October 5, 2009 @ 7:00 p.m.

ADJOURNMENT:

No further business came before the Commission. Commissioner Adams moved to adjourn the meeting at 8:16 p.m. Commissioner Sayers seconded the motion. Motion carried.

Signed this 2^nd day of November, 2009.

APPROVED: ATTEST:

________________________ _______________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer