CITY OF UNION, KENTUCKY

Regular Business Meeting

MINUTES

Monday, January 10, 2005

 

OATH OF OFFICE

Mayor Kirby administered the Oath of Office to the Union City Officials elected in November, 2004.  They were Commissioners Warren S. Moore, Wayne B. McClellan, Gregory T. Lloyd and Gary A. McCormick.

 

CALL TO ORDER

Mayor Don Kirby called the regular business meeting of The Union City Commission to order in the Union City Building at 7:30 p.m., Monday, January 10, 2005.

 

Present: Mayor Don Kirby; Commissioners Warren S. Moore, Gary A. McCormick, Wayne B. McClellan and Gregory T. Lloyd; Greg D. Voss (City Attorney); Kathy Porter (City Clerk/Treasurer), and Barry Burke (City Engineer)

 

Absent: Randy Barlow (Union’s P&Z Representative).

 

Visitors:  Rick Harvey, Roy Frost, Jim Hedgecock, Mike Trout, Carl Caudill, Lisa Cooper and Randy Lovett.

 

MINUTES:

After reviewing the previous monthly meeting minutes presented, Mayor Kirby asked for any comments or corrections.  Mr. Moore moved to dispense with the reading of the minutes of December 13, 2004 and accept as presented.  Mr. McCormick seconded the motion.  Motion carried.

 

TREASURER’S REPORT:

Mayor Kirby read the Treasurer’s Report as of December 31, 2004. A motion was made by Mr. McClellan to accept the Treasurer’s Report and seconded by Mr. Lloyd.  Motion carried.

 

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. McClellan made a motion to pay the bills as presented and Mr. Moore seconded the motion. Motion carried.

 

CORRESPONDENCE:

Mayor Kirby read a letter dated December 29, 2004, from Gregory T. Lloyd, in which Mr. Lloyd resigned as a member of the Board of Adjusters, effective January 1, 2005. 

 

Mayor Kirby read a letter dated December 30, 2004, from Rene Wukich, District Vice President, Insight Communications. This letter was in reference to the fact that the residents of Union will see an increase in the price of some services effective February 1, 2005. Mr. McClellan stated that we have no choice that the services will be increasing, but would be shopping around for the future.

 

Mayor Kirby made remarks concerning the overwhelming responses, by e-mails and phone calls, to the recent snow emergency in December. He responded personally to at least a dozen e-mails and half dozen phone calls.  The office also received over 130 messages either in voice mail messages or answered personally. Mayor Kirby stated that we intend to work with the county to

 

 

 

 

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January 10, 2005 – page 2

 

come up with a better plan so that such issues can be better addressed in the future.

Mayor Kirby presented the Personnel Policies, which he turned over to Lisa Cooper, Public Administration Coordinator, Northern Kentucky Area Development District.  She discussed the updated Personnel Policies, Comprehensive Plan and Classification Plan. She covered such topics as Unlawful Harassment, Equipment Usage, Drug Free Work Place, FMLA Policy, Military Leave, CERS, Workers Compensation, clarification on Attendance and Leave, Vacation and Sick Time, Travel and Training Expenses. 

 

Mayor Kirby asked if these policies apply only to City Clerk Kathy Porter, since she is the only full time employee.  Ms. Cooper answered in the affirmative.  These policies would also apply to two other positions that the city is authorized for, Office Assistant and Public Works Superintendent, should the city choose to implement these positions.

 

CITY ENGINEER REPORT:

City Engineer Barry Burke provided Commissioners with a monthly report regarding 18 issues that have been addressed, completed or in progress since the last regular business meeting.  These will be on-going issues and the ones needing to be addressed are underlined and in bold print.

 

Item # 2 - Mr. Burke stated that in reference to changes or clarification in Gunpowder Greens Subdivision, there was possible duplication of charges/work on curbing at $19/foot.  Scott Mains is expected to clarify this but has yet to receive information.  It is recommended that the $2,878.00 portion of the bill not be paid as yet.

 

Item # 4 – Mr. Burke made reference to the centralized sanitary sewer systems, that the Mayor had sent letters out to Senator Roeding, State Representative Marcotte, and others, and that a meeting will be forthcoming in terms of clarification.  Mayor Kirby stated that he did receive a call from Representative Marcotte wanting to schedule a meeting for further discussion, which will be done as soon as possible. 

 

Item # 5 – Mr. Burke stated that we were waiting for a decision from Boone County Public Works in terms of two (2) stop signs at the intersection of Fireside Court at Ashton Court. They indicated that the traffic was not significant enough to mandate it.  Mr. Burke took a second look at it and decided that with the cost of two (2) additional stop signs it would improve safety.  He recommended that the city call Greg Martin to install two additional signs. 

 

Item # 7 – Mr. Burke addressed the issue of the Union Village Pond/Retention Basin, in that he has forwarded a plan of action to the city counsel for input.  The plan will be forwarded to the planning commission for further coordination.  Mr. Burke is waiting for some “hard figures” on the contract.  This work should be done during the drought season, which would be the ideal situation. 

 

Item # 11 – Mr. Burke has spoken with Phil Trzop, who indicated that a letter be forwarded to the Boone Florence Water Commission for painting blow off valves. 

 

 

 

 

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The board did transfer responsibility to another board, and that board will proceed in the spring. 

 

Item # 12 – In regards to speed limit signs on Whispering Trail, it has been turned over to Greg Martin; if they have not already been replaced, it is in the process of being done. 

 

Item # 13 – Mr. Burke stated that consideration has begun on considering the landscaping and mowing contracts.  He will look at it and separate the landscaping from the mowing in the event the decision is made to bid them separately. 

 

Item # 15 – An inspection indicated that a sidewalk along Hempsteade near Bayswater Drive has settled around a sanitary manhole, which poses a safety problem.  He will coordinate with Sanitation District #1 for repairs.

 

Item # 16 – Mr. Burke expressed appreciation to Mr. McCormick for his suggestion in reference to the pavement settlement on Wetherington Road. Mr. Burke stated the problem still has not been repaired.  The holdup, along with the weather, is that the BCPW is in the process of getting a legal interpretation of using the county’s contractors to perform the work.

 

Item # 17 – Mr. Burke made an inspection, based on a resident complaint, at 10251 Hempsteade concerning water runoff onto private property, but did not find a problem at this location.  Dr. Lloyd stated that he sees these types of situations in his area and asked if there is anything we can do as areas are developed to try to ensure that water does not come over the curbs.  Mr. Burke explained that as grounds are saturated with water, grass becomes equal to hard surfaces and makes a runoff problem.  Mayor Kirby stated that hopefully Mr. Burke would be able to work with the county when the subdivisions are going in to make sure that when the streets are turned over to the city that subdivision is in good shape so that we do not end up facing water runoff type of problems.

 

Mr. Lloyd excused himself from the meeting at this time, being 8:10 p.m., as he had an emergency.

 

Item # 18 – Mr. Burke addressed the issue of the complaint received from a property owner on Sycamore Drive in reference to mud on the street from a project underway by Tim Marsh. Mr. Burke had left him a cell phone message to advise him of the city ordinance and will check back with Mr. Marsh to ensure that the problem has been remedied.

 

PLANNING & ZONING:

Mr. Randy Barlow, Planning and Zoning Representative, was not present.

 

 

 

 

 

 

 

 

 

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OLD BUSINESS:

Second reading of ORDINANCE NO. 2004-008AN ORDINANCE FOR THE CLOSURE OF MAPLE STREET IN THE CITY OF UNION, KENTUCKY.  Mr. Moore made a motion to approve the Ordinance and Mr. McClellan seconded the motion.  Motion carried.

 

NEW BUSINESS:

Mayor Kirby stated that he has been getting several calls concerning a curfew law, especially since the City of Walton has passed such a law.  Citizens have been asking that the city look into pursuing a curfew law.  Mayor Kirby stated that such a law would “put some teeth” into the fact that it is not just an ordinance but also lets the kids and their parents know that the city is serious about the fact that the teenagers do not need to be roaming the streets at 3:00 in the morning.  Mr. Moore stated that the issue is a larger problem now than it use to be because kids today do not have some of the avenues that we use to have as far as places to go and things to do.  Mr. McCormick has concerns of the method of informing the public in a way that would be clear – this is something that the parents would need to be appraised of immediately. Mayor Kirby stated that the necessary information would be sent out to households, as well as our next correspondence in “What’s Happening”, as well as work with the Sheriff’s Department to let people know that the ordinance is out there.  Mr. McClellan suggested posting this information at Ryle and Ockerman that the ordinance will be in effect and that there will be someone looking out for the offenders.  Mayor Kirby also suggested writing an editorial concerning the curfew.  

 

First reading of ORDINANCE NO. 2005-001 – AN ORDINANCE ESTABLISHING CURFEW FOR PERSONS UNDER EIGHTEEN YEARS OF AGE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF IN THE CITY OF UNION, KENTUCKY.  Mr. McClellan made a motion to approve the ordinance and Mr. Moore seconded the motion. Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2005-001- A RESOLUTION APPOINTING GARY MCCORMICK AS THE CITY OF UNION, MAYOR PRO TEM.  Mr. Moore made a motion to approve the resolution and Mr. McClellan seconded the motion.  Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2005-002 – A RESOLUTION APPOINTING WAYNE MCCLELLAN AS THE COMMISSIONER OF PUBLIC WORKS FOR THE CITY OF UNION, KENTUCKY. Mr. McCormick made a motion to approve the resolution and Mr. Moore seconded the motion.  Motion carried.

 

Mayor Kirby read RESOLUTION NO. 2005-003 – A RESOLUTION ADOPTING BANK SIGNATURE AUTHORIZATIONS.  Mr. McClellan made a motion to approve the resolution and Mr. Moore seconded the motion.  Motion carried.

 

Mayor Kirby recognized visitors in the audience and asked if they would like an opportunity to speak.  Mr. Roy Frost, Russwill Lane, spoke in reference to the December snow problems, and asked why his street was not plowed.  Mayor Kirby stated that the main reason was because we

 

 

 

 

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contract with the county; the county fell behind during the snow part of the storm, then when the ice came, they were caught in even a worse situation.  The city was on the phone with them everyday and reporting streets that needed to be plowed.  They were able to get to a couple of the thru streets but none of the other streets were touched until almost a week later.  The city plans to meet with the county to set up a priority on the streets – to put the longer non-thru streets as a higher priority than the small cul-de-sacs.  The city is also looking at talking with some other municipalities or private contractors to get them involved.  The county has promised the city that they are going to plan for this type of situation better in the future – perhaps contracting with private individuals to supplement their crews.  Mr. Frost stated that the city needs a contingency plan – which we need to secure contractors that can be given a designated fee to work under these types of conditions.  Mr. Kirby stated that the county had stated that it is hard to find private contractors that would have had the kind of equipment needed to handle the kind of winter storm that we had.   Mayor Kirby assured Mr. Frost that all avenues would be explored. 

 

Randy Lovett, Whispering Trail, stated that we had the same kind of problem in 1997; residents on his street made several calls with no results; he stated that with this storm, the trucks traveled up and down U.S. 42 but did not come onto his street; he had to have his son who works for a contractor to plow his street so that residents could be able to get in and out.  Mayor Kirby clarified that with U.S. 42 and Mt. Zion, the state takes care of those highways; he restated that the city will be meeting with Boone County, and some contractors, in hopes of coming up with a better plan.  The Mayor apologized for what happened and stated that we will do our very best to do better in the future.

 

Mr. Carl Caudill, Russwill Lane, inquired about an ordinance for parking on the streets during snow emergency. Mayor Kirby stated that we fall under the Boone County Level 3 snow emergency, which would preclude someone parking his or her car on the street during such an emergency. Mr. Caudill also complained about the fact that there is no street cleaning on Russwill, although there was a time when the streets were cleaned. Mayor Kirby stated that he could put this on the agenda to be considered.  Mr. Caudill also drew attention to streetlights that were out.  Mr. McClellan stated that he checks the neighborhoods for lights that need to be replaced and notifies the city clerk in order that Cinergy can be made aware of the problem. Every utility pole has a number that needs to be reported to Cinergy in order for the street light replacement to be successful. 

 

Mr. Jim Hedgecock, Russwill Lane, made reference to the number of phone calls that were reported that the city office received during the storm.  He stated that the number would have been three times greater had we not passed the buck to Boone County Public Works.  Mayor Kirby stated that we did not pass the buck to the county; that the recording was put in place because we were getting so many phone calls; if the city clerk was on the phone talking with other callers, there would have been a delay; therefore, when callers received the message to call Public Works, the city office was also reporting snow issues to them.  The message was actually intended to give citizens a means of getting thru to the people who were ultimately going to come out to do the streets. 

 

 

 

 

 

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Mr. Mike Trout stated that on the Friday after Christmas, the only vehicle able to get down his street was a garbage truck.

 

Mr. Caudill posed a question about no parking signs on Russwill Lane. He wants to see no cars parked at the end of the street going in and out of Russwill. Mayor Kirby stated that our citywide ordinance has a provision based on the amount of feet from the stop sign; we will check to see if this is applicable to Russwill; he also suggested that if anyone sees a situation that is in question, they should call the city clerk and the sheriff’s department will be contacted.

 

Rick Harvey, Lassing Green, questioned the speed on the new U.S. 42, as to when the speed limit signs are going to be posted.  Mayor Kirby suggested that Mr. Burke, City Engineer, or Kathy Porter, City Clerk, would call the state highway engineer to look at the situation and post the appropriate signage.  Mr. Harvey also informed that the no parking sign has been removed from Aspen Place; the pole is still there but the sign is gone.  Mayor Kirby stated we would have the sign department look at this location.

                                                                                                                                                                          

ADJOURNMENT

No further business came before the Commission; Mr. Moore moved to adjourn the meeting at 9:00 p.m. Mr. McClellan seconded the motion.  Motion carried.

 

Signed this 14th day of February 2005.

 

 

APPROVED:                                                                           ATTEST:

 

_______________________                                                      _______________________

 Don Kirby, Mayor                                                              Kathy Porter, City Clerk