Albany City Council covered a lot of territory at its regular monthly meeting last Tuesday, April 4. All council members were on hand for the approximate 40 minute meeting, as well as a handful of spectators and city employees.

The first item of business taken up at the session resulted in the first “split” vote of the new city governing body, that being a resolution pertaining to a preliminary engineering report.

The city’s current engineering firm, Monarch Engineers of Lawrenceburg, has been working on the project since its inception according to Monarch Engineer David Bowles.

The project began with the help of the Lake Cumberland Area Development District with four funding agencies involved.

Among those funding agencies is the Appalachian Regional Commission (ARC), which requires the resolution to retain Monarch Engineers. ARC is funding some $400,000 toward the water system improvement project.

Councilman Randy Speck made the motion to approve the resolution retaining Monarch as the engineering firm on the project.

Some council members were opposed and a roll call vote was taken, with Councilman Tim Norris and Councilwoman Renee York voting in favor. Three councilmen, James Bray, Junior Gregory and Reed Sloan voted no, creating a deadlock.

During a brief discussion prior to the final vote being recorded, city legal advisor Norb Sohm cautioned the council that if the resolution failed the city would be “starting all over again” on the Duvall Valley water project.

Albany Mayor Steve Lawson also noted that it would put the city “far behind” on the ongoing water line project, and voted in favor of the resolution, which eventually passed 4-3 with the mayor casting a rare deciding vote.

The new resolution passed last week will allow the project to proceed forward with Monarch Engineers on the project.

Mayor Lawson requested information from Monarch about the reasons behind the necessity for a resolution, and the engineering firm forwarded the following information late last week to the mayor:

“The project is being financed through four funding sources (listed below). Each source has requirements that are to be satisfied and they are different for each source. The Appalachian Regional Commission (ARC) is contributing a grant in the amount of $400,000 and it is being administered by the U.S. Department of Agriculture (USDA). At some point in the past when ARC gave conditional commitment for the grant and forwarded the administration to USDA, a delay occurred in the processing of the ARC requirements. As we approached the construction bidding process, which took place February 3, 2023, it was discovered by USDA that the ARC requirements had not been requested from the City. At that time USDA contacted the City and us (Monarch) to engage in an expedited effort to obtain the ARC requirements in quick order.

One of the ARC requirements is the document the City endorsed via Resolution at the City Council meeting on April 4…regarding the selection of Monarch Engineering to provide engineering services. None of the other three funding agencies require this document. Had the City declined to pass this Resolution, the ARC requirements for their grant would not have been fulfilled and thus the City would not have been eligible for their grant in the amount of $400,000.”

The financing for the project is as follows: Abandoned Mined Lands Grant, $3,000,000; ARC Grant, $400,000; Kentucky Infrastructure Authority Loan, $2,500,000; Federal Cleaner Water Program Grant, $375,267; Federal Cleaner Water Program Grant, $562,071. Total financing: $6,837,338.00.

The long-awaited updated city “nuisance ordinance” was then discussed, with first reading of the new draft that was presented last month passing without opposition.

(A separate article highlighting the nuisance ordinance can be found elsewhere this week.)

Another major issue discussed by the council was the attempt to secure a firm to detect water leaks within the city’s water line system.

A proposal from Joe Richards of Richards Leaks Management had been made previously and has previously been discussed by the council.

In the proposal, it states the first step would be to perform a leak survey on the oldest parts of the distribution system, roughly 100 miles, with the next step coming after those leaks are discovered and repaired.

The proposal gave a cost for the survey at $12,000.

Councilman Bray said “We need to get something in motion to begin fixing (the leak) problems.”

Councilman Norris asked when the company could start.

Jonathan Phillips, a water department employee who has been in discussions with the company, said he wasn’t sure, as they were apparently working on another project. He said they would have to get something in the works and see when they could begin a survey here.

Councilman Speck said if the city didn’t know when the company could start, they couldn’t vote to hire them without a time or commitment.

Councilman Bray suggested giving Richards a time frame to present his proposal to the council. He also questioned if the city water department had enough manpower at the current time to fix leaks that are found.

David Guffey, with the water department, said that if the city gets the backhoe back up and running, they could have two crews going and one could be used specifically for repairing the leaks.

Guffey continued that things were looking up, and unless something unforeseeable happens, the city should be able to fix whatever leaks are found.

Following discussion on the leak survey proposal, Councilman Sloan made a motion to give the company until the next regular council meeting in May to make a presentation, with all council members voting in favor.

Some members of the public then addressed the council on various issues.

Michelle Stockton questioned whether there were any plans in the works for the town area, such as painting curbs, pressure washing sidewalks, and so forth.

Brooks Ferguson with the street department said the city paints the curbs in the city twice per year.

Also the question of possibly cleaning retaining walls on the north side of Albany, Ferguson noted those, as well as the side walks, were actually on the state right-of-way.

Sarah Wilson-Browning also noted to the council a need for a street light around the area near the Fairgrounds Road. She was informed the city was currently working on getting street lights up in that area.

Browning, a former city council member, also discussed the splash pad proposal, which is off the table for now.

(Additional details regarding the splashpad issue can be found later in this article)

Wendy Holden then asked the council if they had any idea when the water problems the city is facing will be fixed.

Mayor Lawson stated that (like much of the country), the city was at the mercy of the supply chain.

Engineer Bowles said that has been an ongoing problem and doesn’t expect a time line is even in the forecast right now.

Gay Latham then spoke to the council, saying some issues with sidewalks need to be addressed for safety reasons.

Latham said one sidewalk had an old parking meter stuck up through it and other areas in the sidewalks were dangerous.

Mayor Lawson agreed that was a problem that the city needed to address.

Albany Police Department Assistant Chief Wayne Glover then told the council the APD was working on some possible grants that may help the department purchase equipment.

Police Chief Mark Bell also, in reference to the nuisance ordinance, noted the layout of the city/county boundaries was difficult in enforcement of nuisance laws with some property owners living, for example, in the city but owning land adjacent that is actually in the county.

“Will that issue (in trying to enforce a city ordinance) be thrown back up to us?” he asked.

Some council members suggested “annexing” those close boundary areas into the city to help with those situations.

Finally, Councilman Gregory–with the nuisance ordinance nearing a final resolution–said he felt it was time to think about creating an animal ordinance.

He added he would expect the county’s animal control to help with such an ordinance since the problem affects both.

The next regular meeting of Albany City Council is scheduled for Tuesday, May 2, at 5 p.m. in the conference room at City Hall and is open to the public.

Splash Pad proposal is deemed ‘unfeasible’ for now due to “bad timing”

Sarah Wilson-Browning and others have worked for over a year to bring a “splash pad” to the Albany area for children to enjoy. However, according to local officials who would have to approve such a project, “bad timing” makes it non-workable, at least for now.

Browning began working on the project over a year ago when a member of the Albany City Council, and was looking at a 50/50 matching grant to help fund the splash pad in hopes of giving local children an option of things to enjoy here at home.

The deadline to apply for that grant is next month.

Browning requested an informal meeting with Albany Mayor Steve Lawson and Clinton County Judge/Executive Ricky Craig, also asking one member of each governing body to be present.

Recently, Browning met with the mayor, judge/executive and Albany City Councilman Junior Gregory at city hall on the issue, with those officials explaining their stance on the project and why they could not support it at the current time.

The grant would call for each the city and county putting in $17,500 on the project, with the county eventually having full responsibility of upkeep, since the site for the splash pad was recommended to be at Mountain View Park, which is owned by the county.

The Clinton County News got comments from both Mayor Lawson and Judge Craig on the issue, with both agreeing that due to the city’s water problems–which also affects many county areas–they could not support the project until those issues are resolved.

Both officials, however, stressed that they and members of the city council and fiscal court supported the idea of a splash pad, or any project that would assist children.

Browning was present at last week’s meeting of the city council and said that after talking with the mayor and judge, the splash pad project is not going to happen now.

Mayor Lawson said he could not support the project when people in the county, such as the Duvall Valley and Bald Rock areas, do not have water at all at times.

He added, however, he favored such a project and no one on the council was against a splash pad, adding he was in favor of anything that could help the kids.

Judge Craig concurred with the mayor on all issues, also saying he would like to see such a project work, but the timing was wrong right now.

Craig also added that with the splash pad being on county property, they (county) would basically be responsible for its upkeep and maintenance.

He further summarized the park board itself did not have monetary funds to assist in the upkeep and was short handed on maintaining such a project at the current time.

At last week’s council meeting, Mayor Lawson said everyone was for it…if not for the water system problems the city has.

Councilman Gregory also told Browning he appreciated the time she had put into this project.

Lawson said, “Hopefully we can get the water system up and going and support it in the future.”

Councilman James Bray said that having three children of his own, he would love to have a splash pad. He added, however, “But people in the county are without no water at all.”

Mayor Lawson told Browning, “You are a good promoter. Don’t give up.”

Browning, in noting that May was the deadline for submitting the grant this cycle, has no intentions of giving up on projects for local youth.

“Another opportunity will come open. I will pursue other endeavors,” said Browning.

Council approves first reading of new city nuisance ordinance

One of the major issues the Albany City Council has been discussing and debating amongst themselves and the public for at least two years now may soon reach a final destination point, that being finalizing a new “nuisance ordinance” for the city limits.

Aside from the water issues the city is currently addressing, making the city a cleaner, more attractive place to live and work was what many of the new city council members heard on the campaign trail last fall among Albany residents.

During the past couple of years, some draft versions were discussed, including the original ordinance the city already had in place. However, each time, for one reason or another, the issue was put off and never directly dealt with or voted on.

The new mayor and city council began work on looking at and reviewing draft ordinances and having one put in place that would hopefully be fair to everyone, but also be enforceable and carry legal weight when enforcement is needed.

City Attorney Norb Sohm began looking into putting in place a document that was backed up by state laws pertaining to nuisances, such as trash, unsightly or dangerous health areas, junk vehicle locations, etc. to incorporate into the city nuisance ordinance policy.

Last month, the council members were given a draft of the proposed ordinance, along with state statutes related to nuisance laws in Kentucky, for review.

The nuisance ordinance issue was again on the agenda at the regular meeting of the city council held last Tuesday.

The discussion on the issue was brief, with some minor changes being suggested, such as giving property owners who are in violation of an ordinance code 60 days to show that progress to clean up an area has been made prior to further legal actions being taken.

Councilman Junior Gregory, who has been a strong advocate of getting a nuisance ordinance put into effect, said he had reviewed the draft version that had been presented and felt it was a good ordinance for the city.

Gregory then made a motion to approve first reading of the nuisance ordinance, which was seconded by Councilman Randy Speck and passed by unanimous vote.

The council has the opportunity to make revisions to the ordinance prior to its second and final reading, which is expected to take place at their regular meeting in May.

The new ordinance would not become law until after second reading is approved and the ordinance is published.

The document is styled “an Ordinance regulating nuisances on property located within the Corporate Limits of the City of Albany, Kentucky.”

The ordinance, which is brief, but consolidated with state statutes backing up enforcement of violations, states in part:

“It shall be unlawful for the owner, occupant or person having control or management of any land within the City to violate any provisions of KRS 65.8840 including, but not limited to; permit a public nuisance, health hazard, fire hazard, safety hazard or source of filth to develop thereon through the accumulation of rubbish, junk, the excessive growth of weeds or to leave grass clippings upon streets and sidewalks after mowing.

Whenever such a situation is discovered, the Mayor of the City of Albany or other responsible officer designated by the Mayor, such as members of the Albany Police Department or the City Clerk, shall give sixty (60) days written notice to remedy such a situation. Any nuisance remaining after sixty (60) days shall be subject to a twenty-five ($25) fine per day until remedied. The notice shall be mailed or hand delivered by the Mayor, or designated officer, to the last known address of the owner of the property upon which said situation is discovered, as owners’ name appears on the current tax assessment roll. Upon failure of the owner of said property to comply, the Mayor of the City of Albany is authorized to send City employees, agents and representatives upon said property to remedy the situation by whatever means necessary.

The City of Albany shall have a lien against the property for the reasonable value of labor and materials used in remedying such situations. The affidavit of the Mayor shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance, and said affidavit shall be recorded in the Office of the County Court Clerk of Clinton County, Kentucky. Said lien shall be noticed and shall bear interest at six (6%) percent per annum thereafter until paid.”

State statutes under KRS 65.8840 pertain to nuisances, and lays out abatement of nuisance, exceptions, enforcement, liens, personal liability of property owner, and right to farm exception.

The KRS statute deals with, but is not limited to, excessive growth of weeds or grass, junked, wrecked, inoperative vehicles and machinery , structures that become unfit and unsafe for occupancy, or generate a health or safety hazard.

Although the mayor would have final say on a nuisance situation and enforcement, Mayor Steve Lawson said he would consult with council members on any such situations that may arise when having to take enforcement actions.

The next regular meeting of the city council is scheduled for Tuesday, May 2 at 5 p.m.