SALYERSVILLE – The Salyersville City Council met in regular session on Monday, February 20, discussing city audits, a water board appointment and re-opening the park after last week’s flooding.
The council approved the first reading to amend the budget ordinance, allocating $1,200 for a savings account for an amphitheater to be built at the city park.
Councilwoman Patricia Frazier reminded Mayor Stanley Howard to check with the League of the Cities before appointing two names to go on the account, which Howard said he would, but also noted that it would not be a checking account, just savings.
The council also approved the first reading of the motion to set the time and date for monthly city council meetings, agreeing to the third Monday of the month at 7 p.m. at Salyersville City Hall.
They also unanimously adopted a resolution for a hazard mitigation plan for Big Sandy Area Development District, which Howard said was necessary to receiving FEMA funding.
Mayor Howard also updated the council on his meeting with the auditors, noting they are behind on the audit, but they are expected to be completed by the end of March to get the city caught up. He said the next one would be completed within three months after.
David Gardner with Salyersville Water Works spoke to the council about the legitimacy of a water board appointment, which is currently in question.
He said the city attorney sent the water commission’s attorney a letter stating one of the commissioners, Terry Marshall, who was reappointed last year, was appointed illegally, per the League of Cities, and that any actions made that involved Marshall were also illegal.
Gardner asked the council to ask some questions, including getting a copy of the ordinance that created the Water and Sewer Commission of Salyersville, which started in 1964.
Gardner said the letter raises several concerns for him, noting that according to the letter, Marshall is not a legal commissioner, but the ordinance states the mayor can appoint a commissioner at or prior to a vacancy, which is what the council approved in December. He asked the council to review the ordinance.
“At this point, I truly don’t know where it all stands, I hope we would get a better understanding,” Gardner said, proposing that the city’s and commission’s attorneys get together to talk about the appointment, look at case laws and the ordinances to determine what they should do next.
“We’re continuing to do business, but I only ask that we try to find an answer and Jeff and Don (the city’s and the commission’s attorneys) work it out and find an answer,” Gardner said.
Howard said he would appoint a new commissioner by the next meeting, but Gardner asked the council to look into the matter and remember there’s a question whether Marshall is a legal commissioner. He said it was his understanding that, per the original ordinance creating the commission, Marshall would be a commissioner until the next one is appointed due to holding the seat prior to the December appointment.
A member of the community in attendance asked the council to have tickets written or do something about people parking in the streets or on the sidewalks. Howard said they could stripe off one-hour parking spots downtown.
The council briefly discussed the Fourth of July, which falls on a Tuesday this year, with the plan to have fireworks and other festivities on the Saturday before the holiday. Howard said Magoffin County Judge/Executive Matt Wireman has already agreed that the county will cover half the cost of the fireworks.
Howard also said they have been washing down the park from last week’s flooding, with plans to have the walking path opened back up by next week.
The council met in executive session to discuss personnel and possible litigation, but no action was taken afterward.
