_Board of Commissioners

CITY OF NEWPORT, KY REGULAR MEETING OF THE BOARD OF COMMISSIONERS Monday, February 26, 2024 MINUTES Call to Order: A regular meeting was called to order by Mayor Guidugli Jr. on February 26, 2024, at 7:00 p.m. op in the Multipurpose Room of the Newport Municipal Building at 998 Monmouth Street. The meeting was opened with a silent invocation and the Pledge of Allegiance. In attendance were: y Commissioner Radwanski, Commissioner Smith-Morrow, Commissioner Rechtin, Mayor Guidugli Jr., Assistant City Manager John Hayden, City Attorney Daniel Braun, Police Chief lC Christopher Fangman, Fire Chief Frank Peluso, Finance Director Lenny Kuntz, Planning and Development Director Brian Steffen, and City Clerk Tiffany Myers. Attended Via Zoom Vice Mayor Fennell. CALL TO ORDER Invocation, Pledge of Allegiance, Roll Call PERSONNEL ORDERS ca COMMISSIONERS ORDER NO. R-2024-19 ffi AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, APPOINTING KEVIN MORANZ TO THE POSITION OF FIREFIGHTER/EMT IN THE NEWPORT O FIRE/EMS DEPARTMENT EFFECTIVE FEBRUARY 27, 2024. A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Order R-2024-19 as read. Roll Call: An Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes Vice Mayor Fennell Yes ot Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. Yes N COMMISSIONERS ORDER NO. R-2024-20 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, APPOINTING WILLIAM BOWLING TO THE POSITION OF FIREFIGHTER/EMT IN THE NEWPORT FIRE/EMS DEPARTMENT EFFECTIVE FEBRUARY 27, 2024. A motion by Commissioner Smith-Morrow, seconded by Commissioner Rechtin, to approve Order R-2024-20 as read. Page 1|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. COMMISSIONERS ORDER NO. R-2024-21 op AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, APPOINTING ZACHARY LEWIN TO THE POSITION OF FIREFIGHTER/EMT IN THE NEWPORT FIRE/EMS DEPARTMENT EFFECTIVE FEBRUARY 27, 2024. y A motion by Commissioner Rechtin, seconded by Commissioner Radwanski, to approve Order R- 2024-21 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes lC Vice Mayor Fennell Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. Yes Yes ca COMMISSIONERS ORDER NO. R-2024-29 ffi AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, RATIFYING THE MAYOR’S APPOINTMENT OF KEVIN BROGHAMER AND NEAL CONNOR TO THE TREE BOARD OF THE CITY OF NEWPORT, KENTUCKY. O A motion by Commissioner Rechtin, seconded by Commissioner Smith-Morrow, to approve Order R-2024-29 as read. Roll Call: An 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. ot COMMISSIONERS ORDER NO. R-2024-30 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, APPOINTING DEBORAH CRABB TO THE POSITION OF PUBLIC HOUSING COORDINATOR IN N THE CITY OF NEWPORT EFFECTIVE MARCH 4, 2024. A motion by Commissioner Smith-Morrow, seconded by Commissioner Rechtin, to approve Order R-2024-30 as read. Roll Call: Commissioner Radwanski Yes Commissioner Smith-Morrow Yes Commissioner Rechtin Yes Page 2|9 Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. Mayor Guidugli called for a recess at 7:06 pm; the meeting resumed at 7:14 pm with the following members present: Commissioner Radwanski, Commissioner Smith-Morrow, Commissioner Rechtin, Vice Mayor Fennell, and Mayor Guidugli. PRESENTATIONS, AWARDS, PROCLAMATIONS op  Tony Watts, Superintendent for Newport Schools, addressed the Board with the progress y Newport Schools have achieved and stated they are striving for improvement.  Tyler Fallin, RFH, PLLC, gave an Audit Presentation on the city’s finances (See attached PowerPoint) PUBLIC FORUM lC  Charles Williams, 515 W 10TH Ave., thanked the fire department for their quick response in saving his life. ca  Barry Churbock, 641 Overton St, stated he would like the administration to look at ongoing noise and traffic issues at Jerry’s Jug House. Especially the incident that took place last night.  Vince Proffitt, 409 E 7TH St., echoed the same complaints regarding Jerry’s Jug House. Mr. Proffit played audio from last night's video of what the residents in that area have been dealing with. ffi  Candance Gasper, 1003 Saratoga St., said she would like the city to improve pedestrian O safety at the intersection at 10th and Monmouth after being struck by a vehicle while trying to cross this busy road.  Jerry’s Jug House Attorney Aaron Sutherland stated that last night's incident was isolated, and we are willing to work with the city and the police department to ensure that something An like this does not happen again. APPROVAL OF MINUTES  A motion by Commissioner Rechtin, seconded by Commissioner Smith-Morrow, to approve the regular meeting on January 22, 2024, as presented. Motion carried- so ordered. ot OLD BUSINESS SECOND READING OF COMMISSIONERS ORDINANCE NO. O-2024-01 N AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AMENDING SECTION 37.094 OF THE CODE OF ORDINANCES CONCERNING OCCUPATIONAL LICENSES TO AMEND SUBSECTION (A) TO PROVIDE FOR A CREDIT OF THE OCCUPATIONAL LICENSE FEE FOR NEW EMPLOYEES AS PART OF AN ECONOMIC DEVELOPMENT PROJECT BY P.L. MARKETING, INC. UNDER THE KENTUCKY BUSINESS INVESTMENT PROGRAM PURSUANT TO KRS 154.32-010 THROUGH 154.32-100. A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Ordinance O-2024-01 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. NEW BUSINESS FIRST READING OF COMMISSIONERS ORDINANCE NO. O-2024-02 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF NEWPORT, KENTUCKY. op y A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Ordinance O-2024-02 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Abstain lC Vice Mayor Fennell Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. Yes Yes ca ffi FIRST READING OF COMMISSIONERS ORDINANCE NO. O-2024-03_ AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, PURSUANT TO CHAPTER 153 OF THE CODE OF ORDINANCES, MAKING TEXT AMENDMENTS TO VARIOUS SECTIONS OF THE OFFICIAL ZONING ORDINANCE OF THE CITY AND AMENDING O SECTION 153.43 OF THE CODE OF ORDINANCES REGARDING AMENDMENTS IN GENERAL. A motion by Commissioner Smith-Morrow, seconded by Vice Mayor Fennell, to approve Ordinance O-2024-03 as read. Comments: An  Planning and Development Director Brian Steffen stated that this ordinance deals with housekeeping issues, grammatical errors, and updating the zoning code to follow State Law. The significant changes are adaptive reuse and tattoo shops. ot  Vince Proffitt, 409 E 7th St., stated he would rather have a tattoo shop than a bar because of parking issues.  Erin Blaney, a tattoo artist and Newport resident, looks forward to this passing so she can open N a shop in the city.  Mike Blaney, Erin’s brother and a Newport resident, stated he disagrees with the zoning code for not allowing tattoo shops in residential areas due to increased foot traffic. Roll Call: Commissioner Radwanski Yes Commissioner Smith-Morrow Yes Commissioner Rechtin Abstain Vice Mayor Fennell Yes Page 4|9 Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2024-09 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY OF NEWPORT AS SURPLUS AND AUTHORIZING DISPOSAL IN ACCORDANCE WITH STATE LAW. op A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Order R-2024-09 as read. Roll Call: Commissioner Radwanski Yes y Commissioner Smith-Morrow Yes Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. Yes Yes Yes lC COMMISSIONERS ORDER NO. R-2024-16 ca AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY (THE “CITY”), AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND URBAN COMMUNITY DEVELOPERS, INC. ffi (THE “COMPANY”) RELATING TO THE ACQUISITION AND CONSTRUCTION OF A RESIDENTIAL PROJECT TO BE LOCATED WITHIN A DOWNTOWN BUSINESS DISTRICT AS DESIGNATED BY THE CITY (THE “PROJECT”); AGREEING TO O UNDERTAKE THE ISSUANCE OF INDUSTRIAL BUILDING REVENUE BONDS AT THE APPROPRIATE TIME TO PAY THE COSTS OF ACQUIRING AND CONSTRUCTING SAID PROJECT AND FACILITIES; AND TAKING OTHER PRELIMINARY ACTION. A motion by Commissioner Smith-Morrow, seconded by Commissioner Radwanski, to approve An Order R-2024-16 as read. Comments:  Luke Warner, Vice President of Urban Community Developers Inc., a nonprofit organization. He stated this is for 11 vacant lots on Ann Street with plans to build single-family homes. The IRBs help keep prices low for homeowners. We are asking not to exceed 7 million for the IRB with a 30-year repayment plan and a pilot program in place. A discussion ensued between the Board ot members and Mr. Warner. Roll Call: N Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Yes Yes No No Yes Motion 3-2. Motion carried- so ordered. Page 5|9 COMMISSIONERS ORDER NO. R-2024-17 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AUTHORIZING AND DIRECTING MAYOR THOMAS L. GUIDUGLI JR. TO EXECUTE AN AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET AND THE CITY OF NEWPORT CONCERNING THE MONMOUTH AND THIRD STREET SIDEWALK PROJECT/ITEM NO. 06-00375.00. A motion by Commissioner Smith-Morrow, seconded by Radwanski, to approve Order R-2024-17 as read. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes op y Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2024-18 lC AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY ca GRANTING PROPERTY ASSESSMENT MORATORIA TO NEWPORT MILLENNIUM HOUSING CORPORATION III/ENTRYWAY RELATING TO THE RESTORATION OF PROPERTIES AT 418 ELM STREET, 12 W. 10TH STREET, AND 337 KETURAH STREET IN NEWPORT, KENTUCKY. A motion by Commissioner Smith-Morrow, seconded by Commissioner Rechtin, to approve Order R-2024-18 as read. Roll Call: ffi Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. O Yes Yes Yes Yes Yes An Motion 5-0. Motion carried- so ordered. COMMISSIONERS ORDER NO. R-2024-22 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. ot A motion by Commissioner Rechtin, seconded by Commissioner Smith-Morrow, to approve Order R-2024-22 as read. N Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Yes Yes Yes Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. Page 6|9 COMMISSIONERS ORDER NO. R-2024-25 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, AUTHORIZING CITY MANAGER THOMAS J. FROMME TO ENTER INTO AN AGREEMENT WITH HIGHVIEW BUILDING CONTRACTORS, LLC FOR THE FIREHOUSE REMODELING PROJECT A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Order R-2024-25 as read. Comments: op  Chief Peluso said this is a much-needed remodel to accommodate female firefighters by having a locker room and bathroom for them. Roll Call: y Commissioner Radwanski Yes Commissioner Smith-Morrow Commissioner Rechtin Vice Mayor Fennell Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. Yes Yes Yes Yes lC COMMISSIONERS ORDER NO. R-2024-26 ca AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY, AUTHORIZING THE ISSUANCE OF UP TO $40,000,000 MAXIMUM AGGREGATE PRINCIPAL ffi AMOUNT TAXABLE INDUSTRIAL BUILDING REVENUE BONDS, SERIES 2024, IN ORDER TO ASSIST CPX BOARDWALK, LLC, OR ITS ASSIGNS, TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN INDUSTRIAL BUILDING FACILITY LOCATED O WITHIN THE CITY OF NEWPORT, KENTUCKY AND TO IMPROVE SAID FACILITY; PROVIDING FOR THE PLEDGE OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A SPRINGING EXECUTORY INTEREST DEED; AUTHORIZING TRUST INDENTURES APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND FURTHER TO SECURE THE PAYMENT OF SAID BONDS; AUTHORIZING A BOND PURCHASE An AGREEMENT; AUTHORIZING A PILOT MORTGAGE TO SECURE PILOT PAYMENTS; AUTHORIZING HOME OFFICE PAYMENT AGREEMENTS, AND AUTHORIZING THE EXECUTION OF ANY FURTHER NECESSARY INSTRUMENTS. A motion by Commissioner Radwanski, seconded by Commissioner Smith-Morrow, to approve Order R-2024-26 as read. ot Comments:  Richard Spoor with KMK Law stated that this is the last of the IRB series for the condominiums for the Ovation Development. They plan to start construction in April. N Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Commissioner Rechtin Yes Yes Yes Vice Mayor Fennell Yes Mayor Guidugli Jr. Yes Motion 5-0. Motion carried- so ordered. Page 7|9 COMMISSIONERS ORDER NO. R-2024-27 AN ORDER OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY AUTHORIZING AND DIRECTING MAYOR THOMAS L. GUIDUGLI, JR. TO EXECUTE THE RIVERFRONT COMMONS RAISE URBAN PLANNING GRANT INTERLOCAL COOPERATION AGREEMENT. A motion by Commissioner Smith-Morrow, seconded by Commissioner Rechtin, to approve Order R-2024-27 as read. Comments: op  City Manager Fromme stated this is a large grant for the river cities offered through Southbank. Roll Call: Commissioner Radwanski Commissioner Smith-Morrow Yes Yes y Commissioner Rechtin Yes Vice Mayor Fennell Yes Mayor Guidugli Jr. Motion 5-0. Motion carried- so ordered. CITY MANAGER COMMENTS Yes lC ca  We have several Caucus meetings this year. The first one is on March 11 to discuss a transportation plan with Tristate-Trails.  Regarding the comments early tonight regarding Jerry’s Jug House, the city tracks nuisance ffi incidents if people have called 911; if they haven’t, we have no way of knowing if this is a nuisance. We also have an ordinance for the bars to keep windows and doors closed due to the noise. O  Thanked the Board for their patience with the long meeting tonight. BOARD OF COMMISSIONERS' COMMENTS An Commissioner Radwanski:  Request the Caucus meeting to be recorded. Commissioner Smith-Morrow:  This was a long meeting, but we’ve accomplished a lot. ot Commissioner Rechtin:  Requested at one of the Caucus meetings to discuss ways to improve pedestrian safety. N  Thanked Paul Kunkle for orchestrating the Clean Up the Track event. It had a great volunteer turnout. Mayor Guidugli:  Would like the city to look into the Mark ID program for the city's influx of immigrants. This program helps issue an ID so police can identify them. Also, they might not consider fleeing if they witness a crime because they have an ID. Page 8|9   This was a productive meeting, and I would like pedestrian safety to be brought up at a Caucus meeting for further discussion. ADJOURNMENT A motion by Commissioner Rechtin, seconded by Commissioner Radwanski, to adjourn the meeting. Motion carried- so ordered. The meeting was adjourned at approximately 9:35 p.m. Respectfully submitted, City Clerk Tiffany Myers op y Date Approved: Mayor Thomas L. Guidugli Jr. Attest: lC City Clerk Tiffany Myers ca ffi O An ot N Page 9|9