Council adopts nuisance ordinance

Posted May 11, 2023 at 9:00 am
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Albany City Council approved final reading of the long-awaited revised “Nuisance Ordinance,” voted to increase water meter tap on fees, and discussed several other issues last week.

The longer than usual regular meeting saw all members present, with the meeting lasting approximately an hour and 40 minutes, with a 40 minute closed session on “personnel” prior to adjournment.

Prior to a vote on the passage of the ordinance, which was the first item of business on the agenda, Councilman Reed Sloan said he could not vote in favor of the measure unless there was some type of free trash service offered for low-income residents.

Sloan said some residents, who may have to pay fines if in violation of the document, could not afford to pay them.

Street Department Supervisor Brooks Ferguson said that could be available at certain times for residents to use at $200 each, and extra for larger items. It was noted such dumpsters could be put in place and made available at certain periods, such as twice annually, for residents to have access to.

There would be stipulations on what could be put into the dumpsters and city limits residents, using some type of ID verification, would only be allowed to use them, according to council suggestions.

Albany Mayor Steve Lawson also had a couple of questions about the ordinance prior to the vote, first asking the procedures taken when someone files a complaint.

The council said residents would have the option of bringing the complaint to the mayor via letter or directly address the council of the issue. It would have to be a “a citizen of Albany City Limits to make the complaint,” and the complainant’s name would be public.

The mayor’s second question was, “Are we going to have a Code Enforcement Officer?”

City Attorney Norb Sohm answered, “Not necessarily,” saying that was optional in the way the ordinance is stated.

Albany Police Chief Mark Bell told the council they could work something out with one of the Constables who is elected from the city and also said his department would help enforce the ordinance as well.

Following discussion on the ordinance reading, Councilman Junior Gregory, seconded by Councilwoman Renee York, moved to adopt the ordinance, with the effective date to be determined whenever dumpsters are available for use. The motion passed by unanimous vote.

Monarch Engineer David Bowles then gave his monthly report, telling the council that hopefully by their June meeting, they will be able to issue construction contracts for the Duvall Valley Water Improvement System.

Bowles noted in his report the delays had been due to the completion of an environmental assessment being done by the Kentucky Infrastructure Authority.

On the water treatment plant improvements, the contractor has been on site doing some limited work in preparation for the delivery of the main components of the plant improvements.

Further, on the wastewater treatment and collection improvements, he presented the council a summary of items plant manager Mike Riddle had asked them to look at.

The main components consisted of five lift stations that need replaced in the sewer collection system, and replacement of three dry weather influent pumps at the treatment plant. The total cost of the improvements is estimated at $1,590,000.

Bowles said the next step on the latter project was to seek potential borrowers to budget the needed improvements down the road.

During Bowles’ report, Councilman Sloan asked if he knew about this situation before, with Bowles saying for years they have been putting cost estimates together.

Mayor Lawson said the request for information on the latter project had just been made currently.

Councilman Sloan also questioned the timing of the Duvall Valley water project getting started, saying it had been stated previously it would be by (this) mid-summer.

The councilman continued that five years ago, water rates were increased for the project and it still hasn’t started.

The engineer countered that most of the delay was based on regulatory agencies, then COVID came along three years ago, but added, “We are just about there.”

“I have been hearing that four years now,” said Sloan. “That’s just my opinion. Everyone has their own opinion.”

Water department employee David Guffey then suggested the council consider installing some type of “drop box” location at a curb for citizens with disabilities to be able to pay their water bills.

Guffey said some citizens, including elderly, are unable to walk even short distances to put their water bills in (the outside drop box at City Hall).

Ferguson reminded the council that all sidewalks are on state rights-of-way and they would have to get permission if the drop boxes were installed on a sidewalk location.

Mayor Lawson said he felt the city could probably come up with something that would help and agreed to check into the suggestion. No official action was taken.

Guffey then presented the council with a list of prices charged per 3/4 tap on fees for water meters, by size of line and cost for setting a water meter at current rates.

He said the city is currently charging $625 per meter, but the actual cost to the city is $880.34 for a two inch line, upward to over $900 if it pertains to a six inch line. He also added the prices do not count the cost of parts.

Guffey said the possibility of increasing the cost for tap on fees had previously been discussed but not acted on, and said the city was losing over $200 per meter installed.

Most of the meters installed are for six inch lines or less. But, he said the cost to the city to install a six inch line meter is around $1,399 and up to $1,585.55 for a 12 inch meter installation.

Councilman Gregory suggested setting a flat fee cost of a tap of meter installation fee to $1,000 to set the meter, plus costs of all materials and parts.

Councilman James Bray said that an acquisition form would be needed to give to customers to show the exact costs of what they are paying for.

Guffey presented the council with a list of prices, per line installation cost, including the cost of saddles for each meter, as of January 3 of this year.

Following a short discussion, Councilman Bray made a motion, seconded by Gregory, to set tap on fees for meter installation at $1,000 per meter plus cost of materials and parts. All council members voted yes.

Councilman Gregory also asked why water customers could not pay their water bills online and suggested the council go to streaming meetings live on Facebook.

Mayor Lawson, in agreeing that both were good suggestions, noted the city conference room would need an audio system installed for the online meeting idea.

Councilman Sloan also said he felt the audio system for online streaming of meetings via Facebook was a good suggestion, and agreed to get a quote for such a system from a local person.

Councilman Gregory also briefly discussed a fire recovery company, which may help the local fire department collect insurance claims from insurance companies for auto accidents the department respond to.

Apparently fire departments can bill people’s insurance companies when they have to respond to vehicle accidents, noting that someone at the fire department would have to be responsible for filing the paperwork.

He said more research needed to be done on the issue, and it could help generate some revenue for the fire department.

In relation to billing the insurance company, Jeff Conner said many had asked why a $4 charge was added to water bills if insurance companies could be charged when fire departments have to respond.

Next the council, on a motion by Councilwoman York, voted to appoint Erica McWhorter Hill to fill a vacancy on the Clinton County Recreation Park Board. The motion passed unanimously.

Just under an hour into the meeting, Councilman Sloan made a motion to enter into closed session on “personnel.”

The closed door meeting lasted some 40 minutes with no action being taken.

A couple of items were discussed upon returning to open session.

Jonathan Phillips, a water department employee who has been working to secure a company who detects water leaks, reported the company is currently working in another location at this time.

Phillips added, however, that hopefully around June, someone from the company would be able to contact the mayor and city about contracting to help detect water leaks within the city limits.

Discussions have been ongoing with the water leak detection company for the past several months.

Police Chief Bell then told the council the APD was going to turn over two older police vehicles to the water department for their use, such as meter reading etc. This will save the city money on having to purchase additional vehicles.

Finally, Mayor Lawson thanked the water department employees for their hard, and speedy work on repairing a recent major water break issue that occurred on Cross Street.

The next regular meeting of Albany City Council is scheduled for Tuesday, June 6, at 5 p.m. in the conference room at City Hall and is open to the public.