MAYSVILLE CITY COMMISSION REGULAR MEETING Thursday, September 12, 2013; 5:15 p.m. Municipal Building

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1 MAYSVILLE CITY COMMISSION REGULAR MEETING Thursday, September 12, 2013; 5:15 p.m. Municipal Building The Board of Commissioners of the City of Maysville, Kentucky met in a regular meeting on Thursday, September 12, 2013 at 5:15 p.m. at the Maysville Municipal Building. Present: Commissioner Victor McKay, Commissioner Kelly Ashley, Commissioner Judy Pfeffer, Commissioner Rick Litton and Mayor David Cartmell. Also present: City Manager Ray Young, City Clerk Lisa Dunbar, City Attorney Sue Brammer, Comptroller Romie Griffey, Projects Coordinator David Hord, Police Chief Ron Rice, Asst. Comptroller/HR Director Karen Cracraft, Utility Manager Eddie Wenz, Tourism/Renaissance Director Duff Giffen, Public Works Director Rick Truesdell, Zoning Administrator Matt Wallingford, Building Official Wells, Codes Officer Nicole Jones, and Asst. City Attorney Kelly Caudill. Absent: Fire Chief Eric Bach. Others present: The Ledger Independent and WFTM. COMMISSION MINUTES AND DEPARTMENT REPORTS Motion by Commissioner McKay, second by Commissioner Pfeffer to accept the minutes from the August 8 and Sept. 4, 2013 meetings and the department reports as presented. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor RESIGNATION FROM PUBLIC WORKS The following resignation was presented: I, Michael Burke, resign from Maysville Public Works on August 26, Michael Burke Motion by Commissioner Ashley, second by Commissioner Litton to accept the resignation of Michael Burke from the public works department. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor APPOINTMENTS AND REAPPOINTMENTS The Mayor made the following recommendations: Bob Canada, Industrial Development Authority, expires Oct Scott Smalley, Utility Commission, expires Sept Mark Comer, Housing Authority, expires March 2014 Cathryn Calloway, Renaissance, expires Dec C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 1 of 10

2 Stacy Temple and Sue Collins, CVB, Oct Motion by Commissioner Litton, second by Commissioner Ashley to approve the appointments as recommended. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor RECOMMENDATION TO A APPOINT TOURISM DIRECTOR The Board of Commissioners was presented with the following recommendation: The Maysville/Mason County CVB having met in closed session at a special meeting held September 10, 2013, makes the following personnel recommendations to the Maysville City Commission: That Suzie Pratt be appointed director of the CVB/Tourism Commission on a full time basis. Norbert Gallenstein, Chair J. Kelly Clark, Secretary/Treasurer Motion by Commissioner Pfeffer, second by Commissioner Litton to approve the appointment of Suzie Pratt to the position of Tourism Director. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor DISCUSSION: CGI CONTRACT City Manager Ray Young explained that the two-year contract with CGI for promotional videos was up for automatic renewal on Dec. 11, If the City wanted to cancel the contract, it would have to give notice by Oct. 10, Ledger Independent Publisher Bob Hendrickson said that he thinks that the contract with CGI puts the City in the advertising business. (CGI sells ads that accompany the videos, which are provided to the City for free.) Hendrickson said he would prefer that the City pay for videos, and he would like to see the City put the contract out for bid. The City Manager pointed out that the City gets the videos without charge whether any ads are sold or not. Advertisers don t pay for the video. Commissioners indicated that they would like to see proposals from local providers. Motion by Commissioner Litton to cancel the contract with CGI, second by Commissioner McKay. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 2 of 10

3 RESOLUTION RATIFYING EQUITABLE SHARING AGREEMENT The following resolution was presented to the Board of Commissioners: Resolution No RESOLUTION 1RATIFYING EQUITABLE SHARING AGREEMENT FOR POLICE DEPARTMENT BE IT RESOLVED BY THE, KENTUCKY, that the Mayor s execution of the Equitable Sharing Agreement and Certification for the Police Department certifying that the Police Department is in compliance with nondiscrimination requirements and will comply with all federal statutes and regulations is hereby ratified. Motion by Commissioner Pfeffer, second by Commissioner Ashley to adopt the resolution as presented. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor ORDINANCE AMENDING CODE OF ORDINANCES SECTION TO REPEAL PROHIBITION OF ALCOHOL SALES ON ELECTION DAYS The Board of Commissioners was presented with the following ordinance upon first Ordinance No. 13- AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION Summary This Ordinance amends Code of Ordinances to repeal the requirement that premises cannot sell alcohol on election days. Motion by Commissioner Pfeffer, second by Commissioner Ashley to pass the ordinance as presented on first reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 3 of 10

4 ORDINANCE AMENDING CODE OF ORDINANCES SECTION TO ADD NEW CATEGORIES AND REVISE LICENSE FEES The Board of Commissioners was presented with the following ordinance upon first Ordinance No. 13- AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION TO ADD NEW CATEGORIES AND REVISE LICENSE FEES Summary This Ordinance amends Code of Ordinances to add new categories, revise license fees and delete the provision re private clubs. BE IT ORDAINED BY THE, KENTUCKY, as follows: (1) Code of Ordinances Section is hereby amended to read in its entirety as follows: LICENSES; LICENSE FEES. (A) (1) The following kinds of alcoholic beverage licenses, to expire the same date as the state license, may be issued under this chapter upon payment of the following annual license fees: License Fee Rectifier $750 Sale of distilled spirits and wine at wholesales Wholesaler $750 $787 Sale of distilled spirits and wine at retail by the package, $450 $472 for consumption off the premises LP Quota Retail Package Sale of distilled spirits and wine at retail by the glass, for $450 $472 consumption on the premises LD Quota Retail Drinks Non-quota type 1 Retail Drink License $1100 Non-quota type 2 Retail Drink License $550 Non-quota type 3 Retail Drink License $275 Extended hours $1,000 Caterer $450 Bottling house $1,000 Malt beverage brewer $500 C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 4 of 10

5 Distribution of beer and malt beverages Malt beverage $150 $157 distributor s license Sale of beer and malt beverages at retail Non-quota retail $75 $78 malt beverage package license Distiller s license Distiller $500 Microbrewery Malt Beverage Microbrewery $500 Non-quota type 4 retail malt beverage drink license $78 Malt beverage brew on premises license $100 Limited restaurant $600 Limited golf course $600 (2) Provided, that private clubs shall pay half of the above fees for license years beginning July 1, 1983, and thereafter. (B) No license listed above shall be deemed to include any other listed license, and any person applying for more than 1 above-listed license shall pay the aggregate fees therefore. Motion by Commissioner Ashley, second by Commissioner Pfeffer to pass the ordinance as presented on first reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, and Mayor Cartmell, Voting nay: Commissioner McKay, Motion passes. ORDINANCE DEDICATION SCHIDLE LANE The Board of Commissioners was presented with the following ordinance upon first COMMONWEALTH OF KENTUCKY Ordinance No. 13- AN ORDINANCE ACCEPTING 150 FEET OF SCHIDLE LANE Summary This Ordinance accepts 150 feet of Schidle Lane from Robert Schidle, Jr. and Marilyn H. Schidle, including the utilities within the street right-of-way and appurtenant utility easements. B by Commissioner Pfeffer, second by Commissioner McKay to pass the ordinance as presented on first reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 5 of 10

6 ORDINANCE: BED BUGS The Board of Commissioners was presented with the following ordinance upon second Ordinance No AN ORDINANCE ADOPTING BED BUG CONTROL Summary This Ordinance declares bed bugs to be a public nuisance, requires property owners to provide pest control services when bed bugs are found on premises, prohibits furnishings and materials infested with bed bugs from being placed on the public way or for trash collection or recycled, requires landlords to exterminate bed bugs, requires tenants to cooperate with inspection and treatment, requires sellers of secondhand bedding to post notices and provide written notice to buyers and imposes a penalty of Class XI violation. Motion by Commissioner Pfeffer, second by Commissioner Ashley to adopt the ordinance as presented on second reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor ORDINANCE AMENDING FINES The Board of Commissioners was presented with the following ordinance upon second Ordinance No AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION TO ADD CIVIL FINES FOR BED BUGS Summary This Ordinance amends Code of Ordinances to add Class XI fines of $100 per day for violations of Chapter 280, Bed Bugs. NOW THEREFORE, BE IT ORDAINED BY THE, KENTUCKY, as follows: C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 6 of 10

7 (1) Code of Ordinances Section is hereby amended to read in its entirety as follows: CLASSIFICATION OF VIOLATIONS. (A) Unless otherwise provided hereinafter, all code violations are declared to be misdemeanors and are classified into the following criminal penalty categories and shall be subject to the following fines and/or imprisonment: Class Fine per Violation Imprisonment per Violation I $ to $ Up to 60 days II $50.00 to $ Up to 30 days III $10.00 to $ None IV $15.00 within 24 hours, None $25.00 after V $5.00 within 24 hours, None $10.00 after VI $3.00 within 24 hours, None $5.00 after VII $1, None VIII $ to 4, Up to 1 year IX $ to $4, None X $ Up to 1 year XI $100 per day None (B) Violations of Ordinances that are enforced by the Code Enforcement Board shall be subject to the following schedule of civil fines: Violation 1 st Offense 2 nd Offense All Others 1. Dangerous Animals $ $ $ (Chapter 191) 2. International $ $ $ Property Maintenance Code; Swimming Pool (Chapters 278 and 279) 3. Collection of Refuse $ $ $ (Chapter 152) 4. Weeds $ $ $ C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 7 of 10

8 (Chapter 194) 5. Junk Vehicles $ $ $ plus $ (Chapter 192) per day while violation continues 6. Land Use Management $25.00 $ $ Supplementary Regulation ( ) and Sign Regulations ( ) 7. Windows and doors $ $ $1, per building (Chapter 276) Motion by Commissioner Pfeffer, second by Commissioner Litton to adopt the ordinance as presented on second reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor ORDINANCE AMENDING CODE OF ORDINANCES 30.15, RECORDS REQUESTS The Board of Commissioners was presented with the following ordinance upon second Ordinance No AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION TO CORRECT THE OFFICE HOURS OF THE CITY CLERK SUMMARY This Ordinance amends Code of Ordinances Section Initial Request with Immediate Inspection to correct the office hours of the City Clerk from 9:00 a.m. to 5:00 p.m. to 8:30 a.m. to 4:30 p.m. Motion by Commissioner Pfeffer, second by Commissioner McKay to adopt the ordinance as presented on second reading. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor RESOLUTION AUTHORIZING MAYOR TO SIGN GRANT APPLICATION FOR AIRPORT BOARD The following resolution was presented to the Board of Commissioners: C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 8 of 10

9 Resolution No RESOLUTION AUTHORIZING GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION WHEREAS, the City of Maysville, Mason County, City of Flemingsburg, Fleming County, and the Fleming-Mason Airport Board have received a grant NOW THEREFORE, BE IT RESOLVED BY THE, KENTUCKY, that the Mayor is hereby authorized and directed to execute the acceptance of the Grant Agreement on behalf of the City of Maysville, and the City Clerk is authorized and directed to attest to his signature. Motion by Commissioner Litton, second by Commissioner Ashley to adopt the resolution as presented.upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor CLOSED SESSION Motion by Commissioner Litton, second by Commissioner Ashley to go into closed session pursuant to KRS (1)(c) to discuss pending litigation. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor Motion by Commissioner Litton, second by Commissioner Pfeffer to return to open session.upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor No action was taken. ADJOURNMENT Motion by Commissioner Litton, second by Commissioner Ashley to adjourn. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor RETURN TO OPEN SESSION Motion by Commissioner McKay, second by Commissioner Litton to return to open session. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 9 of 10

10 STREET SWEEPER Motion by Commissioner McKay, second by Commissioner Pfeffer to suspended street sweeping on East Second Street from Bridge to Carmel streets and from the railroad north to the river. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor ADJOURNMENT Motion by Commissioner Litton, second by Commissioner Ashley to adjourn. Upon call of roll, voting is as follows: Voting aye: Commissioner Litton, Commissioner Ashley, Commissioner Pfeffer, Commissioner McKay and Mayor MAYOR CITY CLERK C:\Users\Lisaxp\Documents\13 commission minutes\091213regular.doc; Page 10 of 10