_Board of Commissioners

CITY OF NEWPORT, KY REGULAR MEETING OF THE BOARD OF COMMISSIONERS Monday, December 11, 2023 MINUTES Call to Order: op A regular meeting was called to order by Mayor Guidugli Jr. on December 11, 2023, at 7:00 p.m. in the Multipurpose Room of the Newport Municipal Building at 998 Monmouth Street. The y meeting was opened with a silent invocation and the Pledge of Allegiance. In attendance were: Commissioner Radwanski, Commissioner Smith-Morrow, Commissioner Rechtin, Mayor lC Guidugli Jr., City Manager Thomas Fromme, City Attorney Daniel Braun, City Attorney Billy Summe, Police Chief Christopher Fangman, Fire Chief Frank Peluso, and City Clerk Tiffany Myers. Attended Via Zoom Vice Mayor Fennell. Personnel Order: COMMISSIONERS ORDER NO. R-2023-082 ca AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, ffi PROMOTING FIREFIGHTER/MEDIC PETER WESTHOFF TO THE POSITION OF ENGINEER/MEDIC IN THE NEWPORT FIRE/EMS DEPARTMENT EFFECTIVE NOVEMBER 15, 2023. A motion by Commissioner Radwanski, seconded by Commissioner Rechtin, to approve Order R-2023-082 as read. Comments: O Chief Peluso stated that Mr. Westhoff has been with the fire department since November 2021. An He did very well on his engineer exam. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Yes Yes Commissioner Rechtin Yes ot Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. N COMMISSIONERS ORDER NO. R-2023-083 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, PROMOTING LIEUTENANT RYAN WHALEY TO THE RANK OF CAPTAIN IN THE NEWPORT FIRE/EMS DEPARTMENT EFFECTIVE NOVEMBER 21, 2023. Page 1|9 A motion by Vice Mayor Fennell, seconded by Commissioner Rechtin, to approve Order R-2023-083 as read. Comments: Chief Peluso said that Mr. Whaley has been with the department since 2014. He was promoted to engineer in 2018 and promoted to lieutenant in 2021. He will be part of the health and wellness committee and training department. He did very well on his exam. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Yes Yes Yes op y Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2023-086 lC AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, RATIFYING THE MAYOR’S APPOINTMENT OF NICKI BISHOP TO THE BOARD OF ADJUSTMENTS OF THE CITY OF NEWPORT, KENTUCKY. ca A motion by Commissioner Radwanski, seconded by Vice Mayor Fennell, to approve Order R-2023-086 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin ffi Yes Yes Yes Vice Mayor Fennell Mayor Guidugli Jr. O Yes Yes Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2023-87 An AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY RATIFYING THE MAYOR’S REAPPOINTMENT OF RAYMOND BUTTS AND MARK MARRON AS MEMBERS OF THE CODE ENFORCEMENT BOARD OF THE CITY OF NEWPORT, KENTUCKY. A motion by Vice Mayor Fennell, seconded by Commissioner Radwanski, to approve ot Order R-2023-087 as read. Roll Call: Commissioner Radwanski Yes N Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Yes Yes Motion 5-0. Motion carried- so ordered. Page 2|9 COMMISSIONERS ORDER NO. R-2023-088 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, RATIFYING THE MAYOR’S REAPPOINTMENT OF WILLIS GREGORY AS A MEMBER OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NEWPORT, KENTUCKY. A motion by Commissioner Smith-Morrow, seconded by Vice Mayor Fennell, to approve Order R-2023-088 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Yes Yes Yes Motion 5-0. Motion carried- so ordered. op y COMMISSIONERS ORDER NO. R-2023-089 lC AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, RATIFYING THE MAYOR’S REAPPOINTMENT OF JAMES GUTHRIE AND DARREN SPAHR AS MEMBERS OF THE URBAN DESIGN REVIEW BOARD OF THE CITY OF NEWPORT, KENTUCKY. ca A motion by Commissioner Radwanski, seconded by Vice Mayor Fennell, to approve Order R-2023-089 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow ffi Yes Yes Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. O Yes Yes Yes Motion 5-0. Motion carried- so ordered. An The meeting adjourned for about a 5-minute recess at 7:11 pm. It resumed at 7:17 pm with the following members present: Commissioner Radwanski, Commissioner Smith-Morrow, Commissioner Rechtin, Vice Mayor Fennell, and Mayor Guidugli Jr. Approval of Minutes: ot A motion by Commissioner Rechtin, seconded by Commissioner Smith-Morrow, to approve the regular meeting minutes from November 20, 2023, as presented. Motion carried- so ordered. Old Business: N SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-023 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES CONCERNING CITY BOARDS AND COMMISSIONS CREATING THE TREE BOARD AS A PART THEREOF. A motion by Commissioner Smith-Morrow, seconded by Vice Mayor Fennell, to approve Ordinance O-2023-023 as read. Page 3|9 Roll Call: Commissioner Radwanski Yes Commissioner Smith-Morrow Yes Commissioner Rechtin Yes Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-024 op AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, AMENDING SECTIONS 94.04 AND 94.07 OF THE CODE OF ORDINANCES REGARDING THE ADMINISTRATION AND MAINTENANCE OF TREES. y A motion by Commissioner Radwanski, seconded by Vice Mayor Fennell, to approve Ordinance O-2023-024 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes lC Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. ca ffi SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-025 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, ADOPTING THE CITY’S INVESTMENT POLICY. O A motion by Commissioner Rechtin, seconded by Vice Mayor Fennell, to approve Ordinance O-2023-025 as read. An Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Yes Yes Yes Yes Mayor Guidugli Jr. Yes ot Motion 5-0. Motion carried- so ordered. SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-026 N AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY REPEALING SECTION 37.094(C) OF THE OFFICIAL CODE OF ORDINANCES CONCERNING CREDIT FOR THE OCCUPATIONAL LICENSE FEE PAYMENT REQUIREMENTS FOR DIVISIONS, INC. PREVIOUSLY APPROVED FOR INCLUSION IN THE KENTUCKY BUSINESS INVESTMENT PROGRAM (KBI). A motion by Vice Mayor Fennell, seconded by Commissioner Rechtin, to approve Ordinance O-2023-026 as read. Page 4|9 Roll Call: Commissioner Radwanski Yes Commissioner Smith-Morrow Yes Commissioner Rechtin Yes Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-027 op AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY y APPROVING AND ESTABLISHING THE EAST ROW HISTORIC DESIGN REVIEW OVERLAY DISTRICT. A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Ordinance O-2023-027 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Yes Yes lC Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Yes Motion 5-0. Motion carried- so ordered. ca ffi SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-028 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY APPROVING AND ESTABLISHING THE YORK STREET HISTORIC DESIGN REVIEW OVERLAY DISTRICT. O A motion by Commissioner Smith-Morrow, seconded by Commissioner Radwanski, to approve Ordinance O-2023-028 as read. An Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes Vice Mayor Fennell Yes ot Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. N SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-029_ AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO INCORPORATE THEREIN THE EAST ROW HISTORIC DESIGN REVIEW OVERLAY DISTRICT. A motion by Vice Mayor Fennell, seconded by Commissioner Rechtin, to approve Ordinance O-2023-029 as read. Page 5|9 Roll Call: Commissioner Radwanski Yes Commissioner Smith-Morrow Yes Commissioner Rechtin Yes Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2023-030 op AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO INCORPORATE THEREIN THE YORK STREET HISTORIC DESIGN REVIEW OVERLAY DISTRICT. y A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Ordinance O-2023-030 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes lC Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. ca New Business: ffi O COMMISSIONERS ORDER R-2023-081 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, AUTHORIZING MAYOR THOMAS L. GUIDUGLI JR. TO SIGN THE APPLICATION FOR THE KENTUCKY CERTIFICATE OF TITLE OR REGISTRATION FOR An THREE 2024 CHEVY TRAX VEHICLES. A motion by Vice Mayor Fennell, seconded by Commissioner Rechtin, to approve Order R-2023-081 as read. - Roll Call: ot Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes N Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2023-084 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 (3) TESLA MODEL 3 ELECTRIC VEHICLES. Page 6|9 A motion by Commissioner Radwanski, seconded by Commissioner Rechtin, to approve Order R-2023-084 as read. Comments:  Chief Fangman stated that this has been a three-year endeavor to do what is best for the taxpayers. As of today, Tesla has lowered its price to $38,000. The Chevy Tahoe you see on the streets costs $58,000. This is a great pilot program to test the battery life and see how the car responds to different temperatures, lights, etc. One Tesla will be given to a shift lieutenant, and the other two will be provided to those in administrative roles. These will be take-home vehicles. op  Katie Kolpin-Gustafson at 538 Fourth Street said she was excited about this and wanted y to know how the person would charge them at their house. Chief Fangman stated they would have plenty of time to charge the vehicles before they leave.  Kevin Ellison, 624 Dayton Street, asked if these are extended-range vehicles. Chief Fangman stated that they are the base models. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes lC Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. ca ffi COMMISSIONERS ORDER NO. R-2023-085 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, GRANTING A PROPERTY ASSESSMENT MORATORIUM TO JUSTIN OTTO. RELATING TO THE RESTORATION OF THE PROPERTY AT 815 BRIGHTON O STREET IN NEWPORT, KENTUCKY. A motion by Commissioner Rechtin, seconded by Commissioner Smith-Morrow, to approve Order R-2023-085 as read. Comments:An City Manager Fromme said this is a development rehab. Anyone interested in rehabbing property in the City of Newport can apply for a reduction in city taxes. Roll Call: ot Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes N Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes Motion 5-0. Motion carried- so ordered. Department Head Comments: Fire Chief Peluso:  There was a structure fire about a year ago at Victoria Square Apartments. The fire department made multiple rescues. The Northern Kentucky Firefighter Association is Page 7|9  awarding our department the Department of the Year and will provide awards to the firefighters on the scene.  About a month ago, we had a gentleman go into cardiac arrest, and from the time the call was received to the response was four minutes. This makes a difference in someone’s recovery. City Manager Comments:  This is the last meeting of the year. This has been a successful year. We continue to work on improvements every day. We have many exciting things going on with the help op of Justin Otto, Judge Pendery, and the Campbell County Administrator, who are great teammates and partners in our economic development endeavors. y  At the last meeting, we discussed the garage; it is not on the agenda tonight because we are working on numbers and reviewing various items in the development agreement. I want to assure everyone that there is nothing wrong; we ran out of time to get everything together for this meeting.  Wishes everyone a Merry Christmas. Board of Commissioners’ Comments: Vice Mayor Fennell: lC ca  Thanked Tiffany Myers for helping me get set up on Zoom.  Wishes everyone a Happy Holidays. Commissioner Rechtin: ffi  In our Business License Application, we have a provision that they can get their license revoked if they are a nuisance. How does this process work? City Manager Fromme stated that the language in the ordinance makes it sound easy to do, but it's more O complex. Charges would need to be brought forth to the city manager. How this gets to the city manager can be done in different ways. It can be brought internally, through enforcement actions, or by complaints. Then, we need to look at this as a nuisance, and since we don’t have a definition in our ordinance, this is in the eye of the beholder. For An instance, if you are legally operating and zoned adequately and have a legitimate purpose for conducting business. If it meets those criteria, then it’s tough to establish a nuisance. If we look at loud noises as a nuisance, we will have nuisance violations every weekend. City Attorney Dan Braun agreed with the City Manager Fromme on this process. We have done a lot of research on this recently and concluded that it must be something happening constantly and not on a sporadic basis.  The city has benefited significantly from the Historic Districts in the City. ot Wishes everyone Happy Holidays. Commissioner Smith Morrow: N  She enjoyed her first year as a commissioner and got to interact with community members on various issues, and I’m getting to know more about what the city staff does.  Worked on many important issues this year, but we still have more work to do.  Wishes everyone Happy Holidays. Commissioner Radwanski:  On the RMR topic, we are a hearing body on this board. We cannot discuss it, and we want everyone to respect that. Page 8|9   We had a very productive year.  Wishes everyone Happy Holidays. Mayor Guidugli:  RMR is a problem, and on the Board, we listen to and monitor the situation. I wanted to provide more information. The monitoring efforts on the site have turned into enforcement, which resulted in charges being filed by the city. Currently, there is active pending litigation. Due to the pending litigation, we are unable to comment. We also op support the air quality testing and monitoring that the Sierra Club is conducting to prove factual evidence and violations. In addition, if an issue is brought to the Board, we are the hearing authority, and we cannot be biased and make comments as we move through this process. y  In honor of backup quarterback Jake Browning stepping up for the Bengals, we temporarily renamed Washington Avenue to Jake Browning Way.  Thanked all the volunteers who helped put on kid-friendly events for the holiday season. Adjournment: lC A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to adjourn the meeting. Motion carried- so ordered. Accordingly, the meeting was adjourned at approximately 8:08 p.m. Respectfully submitted, City Clerk Tiffany Myers ca ffi Date Approved: Attest: O Mayor Thomas L. Guidugli Jr. An City Clerk Tiffany Myers ot N Page 9|9