SALYERSVILLE – The Salyersille City Council held two meetings recently, one a regular meeting and another for the purpose of repealing the ordinance that set up the Salyersville Water Works Commission.
In last week’s meeting, the council met on Monday, September 18, with Mayor Stanley Howard asking to go into executive session immediately after the meeting was called to order, giving no legal reason for the executive session.
Upon returning to the open meeting, the council agreed to table the item to discuss Ordinance No. 610.2, which would be the subject of the next meeting.
The council approved the joint resolution between the City of Salyersville and the Magoffin County Fiscal Court to name the Dixie Bridge the Veterans Memorial Bridge, which the fiscal court also approved in their regular meeting held last week.
The council also approved the installation of a streetlight on Auxier Branch.
They agreed to set Trick-or-Treat Night for Halloween, Tuesday, October 31, 2023, from 6 to 8 p.m.
A community member brought up concerns about speeding on Dixie Avenue, asking for more caution painting, speed bumps and/or caution lights to slow down vehicles to avoid further property damage and a possible tragedy, noting a lot of people walk that street and children play throughout the area.
The council met, again, on September 25, to discuss repealing the ordinance that established the city’s water board.
City Attorney Jeff Attorney told the council that they can repeal that ordinance if they choose, noting that the statute is clear that the water commission can be ran two different ways, either by a board or through the city.
Lovely also explained that the only issue raised in the ordinance is in regards to a clause stating that the ordinance could not be amended or repealed if there are any outstanding bonds, referring to a bond through the USDA, but he said he talked to the USDA and the bond attorneys and the bonds for the water plant are already held in the city’s name, so that clause would not be an issue if they choose to repeal the ordinance.
By repealing the ordinance, the mayor would oversee hiring and firing employees and the council would approve the monthly bills.
If the commission collapses, the debts of Salyersville Water Works would ultimately come down to the city’s obligations, Lovely also explained.
Councilman Paul Montgomery said he would like to know other options before choosing, but Lovely explained that by statute, they have two options: a water commission or make the water plant another department of the city. Montgomery asked about bringing in another company to run it, but Lovely said he hasn’t researched that option, yet, but he believes it would more than likely have to be a department of the city in order to bring in another group to manage it.
“We’re here to better serve Salyersville and the citizens of Salyersville, so I just want the options,” Montgomery said.
Mayor Howard said they would always have the option of bringing in someone else to run it later on.
Lovely also noted that as city attorney he is not advocating for either option, but he was asked, presumably by the mayor, to look into the legalities of repealing the ordinance.
Council member Patricia Frazier said they need to know exactly what would happen if they do repeal it, for instance for the water works employees, their board attorney, etc., and what their policies are before making the decision.
Mayor Howard said nothing would change for the employees and they would have council meetings about the changes they want to make. He also said that they would move the office operations to city hall.
Lovely also explained to repeal an ordinance, they would have to hold a first and second reading of an ordinance repealing the original ordinance. They will also have the option of passing another ordinance in the future to reestablish a water commission if they so choose.
Council member Phyllis Howard made the motion and Darrell Arnett seconded it. In a roll call vote, all council members voted in favor of the first reading of the ordinance repealing the ordinance that establishes the city water commission except Paul Montgomery, who voted against it. Mayor Howard said he would have the water commission’s current policies and options concerning hiring a third party to manage the water district before the second reading of the ordinance.
Important to note, the Salyersville Water Works Commission has struggled to keep members on the board since Mayor Howard took office in January. Howard had Terry Marshall removed from the board since his vacancy was reappointed by former Mayor James “Pete” Shepherd in December, but the vacancy didn’t start until January, meaning it would be Howard’s decision.
For Marshall’s vacancy, Howard appointed Tommy Bailey, and after the first meeting Commissioner Jim Hoskins and Superintendent David Gardner resigned. Howard then appointed Jim Arnett to the commission and Nora Howard as the superintendent. Arnett also resigned after his first meeting and Commissioner Josh Puckett resigned due to moving out of the district, leaving Tommy Bailey as the only water commissioner on the board. With only one board member left, they are unable to hold a public meeting to pay the bills or make any other personnel or operational decisions outside the scope of the superintendent.
The next regularly scheduled Salyersville City Council meeting is tentatively slated for October 16 at 7 p.m. at Salyersville City Hall.
