_Board of Commissioners

City OF NEWPORT, KY REGULAR MEETING OF THE BOARD OF COMMISSIONERS Monday, June 14, 2021 MINUTES CALL TO ORDER / ROLL CALL The meeting was called to order by Mayor Guidugli at 7:00 p.m. in the Multi-Purpose Room of the Newport Municipal Building at 998 Monmouth Street. The meeting was opened with a moment for silent invocation and the mayor led the Pledge of Allegiance. In attendance were: Commissioner Beth Fennell, Commissioner Ken Rechtin, Commissioner Jerry Peluso, Vice Mayor Frank Peluso, Mayor Thomas Guidugli Jr.. Also in attendance were: City Manager Thomas Fromme, Assistant City Manager Larisa Sims, City Attorney John Hayden, Police Chief Chris Fangman, Fire Chief Bill Darin, City Accountant Mathew Shipp and City Clerk Joy Rovno. PRESENTATIONS, AWARDS AND PROCLAMATIONS Chief Fangman introduced the new police recruits; Joe Ganns III, Conner Bleser, Trevor Ripberger and Patrick Reynolds. Each recruit addressed the board and thanked the city for the opportunity. City Manager Thomas Fromme presented Mayor Jerry Peluso with an award of recognition and watch for his 12 years of service as Mayor. Commissioner Jerry Peluso, thanked the city and board. PUBLIC FORUM The following residents spoke in favor of Jerry’s Jug House continuing as a streatery and support other local businesses to do the same. Chris Comte Randall Reese Mark Ramler (owner of Jerry’s Jug House) Matthew Spriggs Ian Budd Shannon Baker Kristina Hanover David Helm Gordon Henry Debbie Deppe Frank Kool Thomas Fromme stated Newport is a small city and does not receive the same amount of funds from the State as surrounding cities, which have streateries. It would be very difficult for the city to pay for streateries. He went on to explain, the current streateries were a test during the Covid Pandemic. The city wanted to help local businesses during this difficult time. Jerry’s Jug House is in a residential zone, on a one- way street with little traffic. The city has received noise complaints, which lead to discontinuing the temporary use. Mayor Guidugli stated the city is not setup for streateries, this process takes time and needs to consider equity and fairness to other business owners and consideration of the state routes throughout the city that create challenges. He stated many things need to be considered. He urged residents to participate in the current Comprehensive Plan updates. APPROVAL OF MINUTES Vice Mayor Peluso made a motion to approve the minutes of the Monday, May 24, 2021regular meeting. Commissioner Rechtin offered a second to the motion. Upon hearing there were no changes, corrections, comments or questions, the mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: abstain Commissioner Rechtin: Yes Motion carried 4-0. OLD BUSINESS COMMISSIONERS ORDINANCE O- 2021-006 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY REPEALING SECTIONS 37.094(A), (B), (C), (E) AND (H) OF THE OFFICIAL CODE OF ORDINANCES CONCERNING CREDIT FOR OCCUPATIONAL LICENSE FEE PAYMENT REQUIREMENTS FOR VARIOUS CORPORATE ENTITIES APPROVED FOR INCLUSION IN THE KENTUCKY BUSINESS INVESTMENT PROGRAM (KBI) Vice Mayor Peluso made a motion to approve. Commissioner Rechtin offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. COMMISSIONERS ORDINANCE O-2021-007 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING SECTION 116B.04 OF THE CODE OF ORDINANCES CONCERNING THE RETENTION PERIOD FOR ITEMS ENTERED INTO LEADS ON LINE Commissioner Rechtin made a motion to approve. Vice Mayor Peluso offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. Page 2 of 6 COMMISSIONERS ORDINANCE O-2021-009 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING ORDINANCE O-2021-005 BY AMENDING THE ADOPTED BUDGET FOR THE GENERAL AND THE COMMUNITY DEVELOPMENT FUNDS OF THE CITY OF NEWPORT CONCERNING REVENUES, APPROPRIATIONS, AND EXPENDITURES FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021. Vice Mayor Peluso made a motion to approve. Commissioner Fennell offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. COMMISSIONERS ORDINANCE O-2021-010 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY ADOPTING THE BUDGET FOR THE CITY FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022, INCLUDING AN ESTIMATE OF REVENUES AND RESOURCES AND MAKING THE ANNUAL APPROPRIATION IN ACCORDANCE THEREWITH. Thomas Fromme stated the city’s budget is $23,568,000. Mr. Fromme went on to explain how the money is allocated. Commissioner Fennell made a motion to approve. Commissioner Rechtin offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. NEW BUSINESS COMMISSIONERS ORDER R-2021-028 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AUTHORIZING AND DIRECTING MAYOR THOMAS GUIDUGLI, JR. TO EXECUTE A QUIT CLAIM DEED AND BILL OF SALE CONVEYING TO NEWPORT HOLDINGS, LLC SUCH REAL AND PERSONAL PROPERTY ORIGINALLY CONVEYED TO THE CITY UNDER A NOW EXPIRED INDUSTRIAL REVENUE BOND Vice Mayor Peluso made a motion to approve. Commissioner Rechtin offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. Page 3 of 6 COMMISSIONERS ORDER R-2021-029 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE PURCHASE ORDERS FOR THE PURCHASE OF TWO 2021 DODGE CHARGER POLICE PURSUIT AWD VEHICLES. Commissioner Fennell made a motion to approve. Commissioner Rechtin offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: abstain Commissioner Rechtin: Yes Motion carried 5-0. COMMISSIONERS ORDINANCE O-2021-008 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY REPEALING AND RE-ENACTING SECTION 9.21 OF THE OFFICAL ZONING CODE OF THE CITY OF NEWPORT, KENTUCKY CONCERNING FLOOD DAMAGE PROTECTION Commissioner Fennell asked if the flood level was changing. Thomas Fromme replied no. Brian Steffen stated FEMA has indicated no changes to flood levels. Vice Mayor Peluso asked if any part of Waterworks Road was move out of the flood plan. Brian Steffen replied no changes had been made to move areas of Waterworks Road out of the flood plan. Mayor Guidugli asked if the dam installed on Waterworks Road improved conditions. Brian Steffen replied a few houses were removed out of the flood plan due to the installation of the dam. Vice Mayor Peluso made a motion to approve. Commissioner Rechtin offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. Page 4 of 6 COMMISSIONERS ORDINANCE O-2021-011 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING SECTION 31.42 OF THE CODE OF ORDINANCES CONCERNING THE OFFICE OF THE CITY MANAGER. Commissioner Rechtin made a motion to approve. Commissioner Fennell offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. COMMISSIONERS ORDINANCE O-2021-012 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING CHAPTER 116A, SCRAPDEALERS AND SCRAPYARDS, TO INCLUDE SECTIONS 116A.10 THROUGH 116A.13 REGARDING EXPLOSION AND NOISE MONITORING AND REPORTING REQUIREMENTS AND EXPLOSION EVENT VIOLATIONS AND AMENDING SECTION 116A.99 TO INCLUDE A PENALTY FOR THE VIOLATION THEREOF Thomas Fromme stated staff has been working diligently with River Metals to mitigate explosions. Vice Mayor Peluso gave an explanation on how this legislation becomes a law. Commissioner Rechtin stated he is pleased with the progress of this ordinance. Commissioner Rechtin made a motion to approve. Vice Mayor Peluso offered a second to the motion. The mayor called for a roll call vote. Commissioner Guidugli: Yes Commissioner Peluso: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Rechtin: Yes Motion carried 5-0. COMMENTS FROM CITY MANAGER Requested an Executive Session COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Fennell  Read a statement from Dan Bressler who wanted to thanked Newport Fire Fighters and Paramedics, Jake Silvati, Audrey Owczarzak, Austin Rosenbaum, Ryan Whaley, Jack Shields, Phillip Wagner and Adam Peddicord for saving his life at the Memorial Day parade, without their quick response he would not be alive. Commissioner Peluso  Thanked Don Spaulding and Bev Holiday for plantings on Monmouth Street.  Thanked Police Department for their quick response to an incident involving a shooting. Page 5 of 6 Commissioner Rechtin  Thanked community for coming to meeting  Asked to expedite recommendations on streeateries Vice Mayor Peluso  Important to make sure streateries are safe and recommended an engineer to help with the design process Mayor Guidugli  Safety and equity of Streeateries  Streatery program that works for all City Manager Thomas Fromme  Safety of Streateries  Shortage of resources to maintain streateries  Regulations for streeateries Executive Session as allowable under KRS 61.810 (1) (f) concerning discussion which might lead to the appointment, discipline, or dismissal of an individual or employee. ADJOURNMENT Commissioner Rechtin made a motion to adjourn; second to the motion was offered by Commissioner Fennell. Commissioner Peluso: Yes Commissioner Rechtin: Yes Mayor Peluso: Yes Commissioner Fennell: Yes Commissioner Guidugli: Yes Motion carried 5-0. The meeting adjourned at 9:00 p.m. -------------------------------- ---------------------------------------- Date Approved/Signed Thomas L Guidugli Jr., Mayor Attest: __________________________ Joy Rovno Interim City Clerk Page 6 of 6