Albany City Council had a short agenda for its regular meeting last Tuesday, September 7, for what should have been a short, usual session.

However, the meeting lasted just under an hour, with some strong disagreement between a council member and the mayor when the issue of, a city nuisance ordinance arose. (It should be noted that during a regular meeting, an issue–whether listed on the agenda or not, can be discussed and/or voted on.)

After approving previous meeting minutes, local attorney Luther “Hoppy” Conner addressed the council about an issue with a fence on his property near Seventy Six Falls, adjacent to the water plant.

A right-of-way for a fence to keep trespassers from the plant was erected on the property, with Conner telling the council the side of the road the 8×10 woven wire fence is blocking access to about 800 feet of the property, which he had plans to develop.

Conner told the council that the fence, which was apparently paid for with funds from Homeland Security, needed to be moved to the other side of the road, prompting some questions as to whether the city would have to get that agency’s permission.

Conner told the council that Homeland Security did not have any right to do anything on private owned property.

The city has had right-of-way for ingress and egress for 60 years, he added, and showed council members and the mayor a plat of the property in question and where the fence is currently located.

Conner advised he had been in contact with city legal advisor Norb Sohm, who was not present at last week’s meeting, but had not heard any official word back.

Councilman Joe Stockton asked about the right- of-way granted the city, with Conner saying it was ingress and egress to the water plant, but7again, reiterated that Homeland Security had no right to build the fence and said the city itself had the authority to move it.

Conner asked the council to consider moving the fence to the other side of the road, again saying it was blocking access to his property and could be easily moved. If the fence is not moved, the attorney said he may have “no choice but to file a lawsuit.”

Mayor Lyle Pierce said, and the majority of council members agreed, that if moving the fence was the only barrier (the fence being funded by Homeland Security) the city could and should move it.

Councilman Stockton asked whether or not they should wait and get Sohm’s input on the matter, but the mayor said the city attorney was in agreement that the fence should be moved, adding it was put there to keep people from going to the sewer plant.

Pierce said he would check on the matter with Sohm and get back with Conner.

Ruth Thrasher again appeared before the council about a problem of water draining into the basement at the old Granville Hotel Building on Cross Street across from Dyer Drug.

Water department supervisor Brooks Ferguson said his employees had checked the area and it appeared the water going into the basement was not coming from the city sidewalks.

Again, Mayor Pierce told Thrasher he would have the city’s engineer David Bowles, who was unable to be at last week’s meeting, to check on the situation personally when he was available to try and locate the problem.

Local resident Jonathan Phillips then addressed the council asking if the city had a right-of-way ordinance. He noted his concern was tree limbs growing over the stop sign near his residence at the corner of Hospital and Lovelace Streets, creating a traffic hazard.

Councilwoman Sarah Browning also said other ares of the city had similar problems with shrubbery blocking traffic stop signs.

The mayor told Phillips the city would have the limbs from around that sign cut back.

Mayor Pierce then brought up a proposed nuisance ordinance, saying “drive around the city and see how nasty it is. (We) can’t do anything about it because we don’t have an ordinance,” he said.

This began an exchange between the mayor–who had such exchanges between other business matters being taken up–and Browning, the latter who noted that pursuant to discussion at the previous meeting, there was supposed to have been a special meeting of the council called to work on such an ordinance.

“Two (council members) can’t do it (call a special meeting),” she added, as it takes four members of the council to call such a special meeting.

The mayor then said he would give the council until the next meeting night to have an ordinance in place and told them to get an ordinance or he would put the old one in place.

Browning then said the last ordinance, which was turned down at least twice, was too broad.

Mayor Pierce again said if a new ordinance was not in place, “We have to clean house,” adding he would not sign an ordinance that did not pertain to everyone.

Browning said that is what she had been in support of all along, but called the last ordinance presented “unpassable” and said the council could not do it without a call meeting.

Councilman Gene Ferrill suggested the council take the old ordinance, have a called meeting and make revisions that would suit everyone.

Mayor Pierce then said that Browning wanted (an ordinance) to suit herself, a claim in which she quickly and flatly denied.

At that point, Councilman Reed Sloan recommended setting a special meeting for Tuesday, September 21, at 5 p.m. to discuss the ordinance issue, with everyone agreeing.

Councilwoman Tonya Thrasher said than when an ordinance was written, “It has to be fair.” She said there was not a notebook large enough to list all the places that needed to be cleaned up.

She further added that when an ordinance is passed, “We need to be ready to enforce it,” and recommended that the Chief of Police sit in on the special meeting to give input on the matter.

Albany Police Chief Mark Bell then said that his department was already stretched, down to four officers on active duty.

Councilman Ferrill also noted that an ordinance would have to be something that all the people can live with.

Browning then asked about old, unpaid, outstanding water debts and asked if they had been collected.

Clerk/Treasurer Melissa Smith said that some unpaid bills have been disconnected and COVID relief funds have helped with other bills where residents could not pay. She added the city was catching up on those bills.

Ferrill then noted that the water department needed more employees than what they currently have.

David Guffey with the water distribution department told the council the primary problem was old service lines, some of which may be up to almost 50 years old. He also noted lack of employees in the department was causing the water department to be behind on water meter installations.

Thrasher also brought up the possibility of getting an architect to landscape the city and seek grant funds from the Kentucky Transportation Cabinet.

Councilman Sloan, in mentioning the cost of hiring such an architect, noted the city needed to fix everything that was broken first, saying they needed that more than “looking pretty first.”

Rick Stearns again appeared before the council asking about an opening in the police department.

Stearns noted he served in the military, had police positions, including as deputy sheriff and other positions and had 18 total years in law enforcement. He even noted if he left his current job to join the department, he would be taking a pay cut.

Stearns said he “wasn’t begging,” but said he felt he could work well with all those currently on the APD.

It was also noted during this discussion that one position had just opened the day of the council meeting last Tuesday.

Police Chief Bell again said he would like to have Stearns on the police force.

Mayor Pierce said he would “have someone in there” in a short period of time, saying that Stearns and two others were under consideration for the job.

A question also arose as to whether or not the police chief could hire his own employees, but it was noted that under KRS statute, only the mayor could hire and fire employees.

(Footnote: On Friday, September 10, three days following the meeting, the mayor announced the promotion of Officer Wayne Glover to Assistant Police Chief and named both Stearns and former Clinton County Sheriff Jim Guffey to serve on the Albany Police Department. They were all sworn in last Friday.)

Near the end of the meeting, another brief exchange between the mayor and Browning occurred.

During a conversation between a council member and clerk/treasurer Smith, the mayor asked water department employee Ferguson if he had anything.

Shortly after, Browning called the mayor’s action “disrespectful.”

This prompted Smith to call for calm prior to the final item of business being voted on.

On a motion by Stockton, the council approved second and final reading of a $200,000 Utility Assistance Grant for the city.

The 57 minute meeting was then adjourned.

Other than the special called meeting scheduled for September 21 at 5 p.m., the council’s next regular meeting is slated for Tuesday, October 5, also at 5 p.m. Both will be held in the conference room at City Hall and both are open to the public.