_Board of Commissioners

CITY OF NEWPORT, KY REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 22, 2022, 7:00 PM Minutes CALL TO ORDER The meeting was called to order by Mayor Guidugli Jr., on Monday, August 22, 2022, 7:00 PM. The public had access to the live stream meeting through the City of Newport, KY Facebook Page Facebook.com/CityofNewportKY and YouTube/CityofNewportKY. In Attendance: Mayor Thomas L. Guidugli Jr., Vice Mayor Frank Peluso, Commissioner Jerry Peluso, Commissioner Rechtin. Others Present: City Manager Thomas J. Fromme, Assistant City Manager John Hayden, Deputy City Clerk Joy Rovno, Chief of Police Christopher Fangman, Chief of Fire/EMS Frank Peluso. PRESENTATIONS, AWARDS, PROCLAMATIONS Paige Ellerman/ Penguin Update  Gave an update on the Penguin swim season  Competitions won  Swim scholarship awarded to penguin swim team member  Volunteer and outreach programs Recognition of P.O. Kenneth Honchell  Chief Fangman presented a plaque in appreciation of dedicated years of service to the City. Recognition of Battalion Chief Adam N. Peddicord  Presented a shadowbox of badges earned throughout career. Recognition of Engineer/Medic John G. Stiner  Presented a shadowbox of badges earned throughout career. Mayor Guidugli called for an intermission at 7:20 pm the meeting resumed at 7:35 pm. Page 1 of 12 BOC Regular Meeting Minutes 08-22-2022 PERSONNEL ORDERS None PUBLIC HEARINGS None CONSENT AGENDA COMMISSIONERS ORDER NO. R-2022-048 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO BELLEVUE LAND LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 230 EAST FOURTH STREET IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-049 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO BELLEVUE LAND LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 217 WEST NINTH STREET IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-050 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO BELLEVUE LAND LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 728 CENTRAL AVENUE IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-051 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO BELLEVUE LAND LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 312 THORNTON STREET IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-052 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO BELLEVUE LAND LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 11 21st STREET IN NEWPORT, KENTUCKY Page 2 of 12 BOC Regular Meeting Minutes 08-22-2022 COMMISSIONERS ORDER NO. R-2022-053 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO MICHAEL AND TAMI MILLER RELATING TO THE RESTORATION OF THE PROPERTY AT 700 MONMOUTH STREET IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-054 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO GOSNEY PROPERTIES LLC RELATING TO THE RESTORATION OF THE PROPERTY AT 846 YORK STREET IN NEWPORT, KENTUCKY COMMISSIONERS ORDER NO. R-2022-055 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY GRANTING PROPERTY ASSESSMENT MORATORIUM TO MARJORIE LONGEWAY RELATING TO THE RESTORATION OF THE PROPERTY AT 833 MONMOUTH STREET IN NEWPORT, KENTUCKY Commissioner Rechtin made a motion to approve the Consent Agenda Order R-2022-048- R- 2022-055; Vice Mayor Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 PUBLIC FORUM Mayor Guidugli addressed residents of Victoria Square with the following statement: We know that a lot of you are here tonight to discuss the situation at Victoria Square. We believe that the developer handled this very poorly and we are looking at ways to find solutions. I’d like to go over a few issues before we begin public comment. In an effort to let everyone know where we stand. This property sale escalated quite rapidly, caught us off guard and ill prepared. We first heard of a rumor that Victoria Square was for sale in May. Several attempts to contact the prior owner for verification were unsuccessful. Since the sale and notices of eviction, the City has had numerous internal discussions about possible solutions that we have the power to accomplish. Some discussions have centered on enacting local regulations regarding rent control. By statute, such powers are not permitted by law. Page 3 of 12 BOC Regular Meeting Minutes 08-22-2022 Our first focus was on immediate responses that we could participate in, including the creation of cooperative work group of various social agencies to provide much needed resources and assistance. These agencies include (read list). Additionally, from the efforts of Neighborhood Foundations and Brighton Center, Sunset agreed to pay $500 in moving expenses and extended eviction dates by 30 days. In our opinion, this is not enough. We are currently working on longer term solutions such as phased construction restoration and perhaps solutions such as a percentage of affordable units being made a component. How we gain leverage to get to that point is subject to further discussions. While affordable housing issues are both a national and regional concern, this affects us locally. From all of us on the Board as well as staff, we are extremely concerned about the well-being of our residents. We also are committed to continue working on this important issue with all remedies available to us. During your comments, we would appreciate hearing your thoughts as to what you would like to see accomplished. The following spoke concerning Victoria Square Apartments: Yavonne Chandler, 506 Central, resident of Victoria Square stated the $500 the new owners of the building are giving for relocation is not enough. She reached out to state representatives asking for additional help. She went on to say, the wait list for affordable housing is at least a year, and is worried she will not find an affordable place to live. Katherine Chandler, echoed her mother’s statement adding she is a college student, with her current grants she is required to live in Campbell County. Hailey Powell, stated there needs to be protections for renters and more city involvement. Charles Williams, 610 Isabella, lifelong resident of Newport suggested a “PPP” Public, Private, Partnership. This group would apply for grants to buy vacant property to renovate for affordable housing. He went on the say he was concerned for the elderly and disabled not being able to find housing. He also stated there has been no outreach from the faith community to help Victoria Square Residents. George Campbell agreed with previous statements, he is a lifelong resident and recently move into Victoria Square after being homeless. He suggested the city facilitate a meeting with new owners to try to negotiate additional funds for relocation. Maria Norris, 536 Central Avenue, stated she is disappointed in the lack of response from the city commission and the sale of Victoria Square is a perfect example of gentrification. Kyle Randell, stated the city needs to publicly condemn Sunset Properties for the way they have treated the residents of Victoria Square and asked the city to advocate for the residents. Judy Cappus, resident of Victoria Square since 1964, stated there is a one -year waiting list for senior living apartments. She is worried she will not be able to find a place to live that she can afford. She went on to say, more senior and handicap accessible housing is needed in the city. Page 4 of 12 BOC Regular Meeting Minutes 08-22-2022 Dewy Estepp stated he supports the residents of Victoria Square. Gordon Henry, Newport renter also stated there is not enough senior housing within the city. He suggested trying to find funds or incentives for more senior housing. Tonya Riley, resident of Victoria Square, stated she and her family were fortunate to find another apartment after the eviction notice. She expressed her sadness for her friends still trying to find a place to live. Cheryl (last name inaudible) asked when the city was going to take action to help Victoria Square Residents. She went on to say she would not stand by on October 31 and let the remaining residents of Victoria Square be evicted. Clay Elliott, Covington resident echoed Cheryl’s comment. Curt Parks, Newport resident asked if Sunset Properties could be forced to give an extension to Victoria Square residents along with giving more money to relocate. Mayor Guidugli thanked everyone for coming to the meeting and expressing their concerns. He stated the city continues to work toward a resolution to these issues. APPROVAL OF MINUTES  Regular Meeting Minutes July 18, 2022 and Special Call Minutes July 21, 2022 Vice Mayor Peluso made a motion to approve the Regular Meeting Minutes of July 18, 2022 and Special Call Minutes of July 21, 2022. Commissioner Rechtin offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 Page 5 of 12 BOC Regular Meeting Minutes 08-22-2022 OLD BUSINESS SECOND READING COMMISSIONERS ORDINANCE NO. O-2022-006 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING SECTION 130.24 OF THE CODE OF ORDINANCES REGARDING THE DISCHARGE OF WEAPONS AND PROVIDING A PENALTY FOR A VIOLATION THEREOF. Vice Mayor Peluso made a motion to approve O-2022-006.Commissioner Rechtin offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 SECOND READING COMMISSIONERS ORDINANCE NO. O-2022-007 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY REPEALING SECTION 37.094(A) OF THE OFFICIAL CODE OF ORDINANCES CONCERNING CREDIT FOR THE OCCUPATIONAL LICENSE FEE PAYMENT REQUIREMENTS FOR ADT, LLC PREVIOUSLY APPROVED FOR INCLUSION IN THE KENTUCKY BUSINESS INVESTMENT PROGRAM (KBI). Commissioner Rechtin made a motion to approve O-2022-007. Vice Mayor Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 Page 6 of 12 BOC Regular Meeting Minutes 08-22-2022 NEW BUSINESS COMMISSIONERS ORDER NO. R-2022-046 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AUTHORIZING AND DIRECTING CITY MANAGER THOMAS J. FROMME TO EXECUTE A CONTRACT WITH PAUL MICHEL’S AND SONS TO REMOVE AND INSTALL A SECTION OF STORM SEWER PIPE TO ALLOW FOR THE TRANSFER OF STORM WATER FROM MEMORIAL PARKWAY TO WATERWORKS ROAD CREEK. Thomas Fromme stated the storm water runoff has damaged properties on Waterworks Road; this will divert the water to waterworks dam. Vice Mayor Peluso gave examples of other storm water projects within the city. Mayor Guidugli stated this is a cost share program. Commissioner Rechtin recommended a project management spreadsheet, tabulation and status of ongoing and completed projects within the city. Vice Mayor Peluso agreed with Commissioner Rechtin and asked for a quarterly update on city projects. This would allow the city to budget properly and have the information to make informed decisions on future projects. Thomas Fromme replied this is a budgeted project. Vice Mayor Peluso made a motion to approve R-2022-046. Commissioner Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 Page 7 of 12 BOC Regular Meeting Minutes 08-22-2022 COMMISSIONERS ORDER NO. R-2022-047 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY OF NEWPORT AS SURPLUS PERSONAL PROPERTY AND AUTHORIZING DISPOSAL IN ACCORDANCE WITH STATE LAW. Thomas Fromme stated all the surplus property is junked property. Commissioner Rechtin made a motion to approve R-2022-047. Commissioner Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 COMMISSIONERS ORDER NO. R-2022-056 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY ACCEPTING AND APPROVING THE BID OF AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AXON ENTERPRISE INC., FOR THE PURCHASE OF BODY CAMERAS AND RELATED EQUIPMENT AND SERVICES FOR USE IN THE POLICE DEPARTMENT Lieutenant Daron Arnberg explained the different types of body cameras and why Axon is the leader in the industry. Vice Mayor Peluso asked if other surrounding police agencies use Axon. Lieutenant Arnberg replied yes, such as the City of Cincinnati and Kenton County have switched to Axon. He went on to explain the ease of extracting evidence from the body camera. Mayor Guidugli stressed the importance of data management. Vice Mayor Peluso asked for clarification on the payment of the contract. Lt. Arnberg replied this is a five year contract at 31,134.49 a year. Vice Mayor Peluso asked if there was an advantage to paying the full amount up front. Lt. Arnberg replied he would look into it, he also stated if the equipment is damaged in any way, it will be replaced at no cost. Page 8 of 12 BOC Regular Meeting Minutes 08-22-2022 Vice Mayor Peluso asked if there were negatives to the program. Lt. Arnberg replied he hadn’t found one, he stated this is a cloud based program with unlimited storage and cloud based storage is much safer than server based. Vice Mayor Peluso asked how many bids were received. Lt. Arnberg replied three. Commissioner Rechtin asked if the field of view was better with this model. Lt. Arnberg replied yes. Vice Mayor Peluso made a motion to approve R-2022-056. Commissioner Rechtin offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 FIRST READING COMMISSIONERS ORDINANCE NO. O-2022-008 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY REPEALING SECTIONS 91.30 AND 91.99 OF CHAPTER 91 OF THE CODE OF ORDINANCES CONCERNING FIREWORKS AND ADOPTING NEW PROVISIONS WITH REGARD THERETO Thomas Fromme stated this is in response to Kentucky legalizing fireworks. This ordinance makes it illegal to set off fireworks in any public right of way or public space; it requires the fireworks to be on private property. If this ordinance passes on the second reading, next month, this information will be in the city news letter informing residents of the new law. Commissioner Peluso stated residents need to know what they can and can’t do while lighting fireworks. This past July 4th weekend, Buena Vista Park was littered with firework debris, which was cleaned by the Public Works Department. Commissioner Rechtin thanked the City Manager and legal staff for acting quickly on this issue. Page 9 of 12 BOC Regular Meeting Minutes 08-22-2022 Commissioner Rechtin made a motion to approve O-2022-008. Vice Mayor Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 FIRST READING COMMISSIONERS ORDINANCE O-2022-009 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCY AMENDING SECTION 30.025(A)(2) OF THE CODE OF ORDINANCES CONCERING THE SCHEDULE OF REGULAR MEETINGS Thomas Fromme stated legal staff attended a KLC conference that addressed this issue. He went on to explain if for some reason a meeting falls on a holiday it can be rescheduled. Vice Mayor Peluso made a motion to approve O-2022-009. Commissioner Rechtin offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 Page 10 of 12 BOC Regular Meeting Minutes 08-22-2022 FIRST READING COMMISSIONERS ORDINANCE O-2022-010 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING SECTION 31.46 OF THE CODE OF ORDINANCES CONCERNING POSITIONS IN THE CODE ENFORCEMENT DEPARTMENT. Thomas Fromme stated this is a housekeeping item, amending the current ordinance to reflect the current positions. Commissioner Rechtin made a motion to approve O-2022-010. Commissioner Peluso offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 DEPARTMENT HEAD COMMENTS None CITY MANAGER COMMENTS  Thanked the residents of Victoria Square sharing their concerns  Insured the residents the city will continue to work toward solutions  City has been working on affordable housing for many years BOARD OF COMMISSIONERS COMMENTS Vice Mayor Peluso  Thanked everyone for coming to the meeting  He stated all landlords need to care about their tenants Commissioner Peluso  He stated he cares about the residents of Victoria Square Commissioner Rechtin  He stated also cares about the residents of Victoria Square Page 11 of 12 BOC Regular Meeting Minutes 08-22-2022 Mayor Guidugli  Stated he too cares about the residents of Victoria Square  Tragic loss of life on the 11th Street Bridge, a bicyclist whom worked at Roebling Books was hit and killed by a vehicle. He expressed his sympathy and urged drivers and bicyclist to respect each other and share the road. ADJOURNMENT Vice Mayor Peluso made a motion to adjourn @ 9:55 pm; Commissioner Rechtin offered a second to the motion. The Mayor called for a vote: Commissioner Jerry Peluso Yes Commissioner Ken Rechtin Yes Vice Mayor Frank Peluso Yes Mayor Thomas Guidugli Jr. Yes Motion Carried 4-0 Respectfully submitted, __________________ ______________________________ Date Approved/Signed Thomas L. Guidugli Jr., Mayor Attest: -------------------------------------- Joy Rovno, Deputy City Clerk Board of Commissioners Upcoming Scheduled Meetings 2022, 7:00 PM September 19 October 3 (Caucus) October 24 November 21 December 12 Page 12 of 12 BOC Regular Meeting Minutes 08-22-2022