City 9f WendBuec/zel 45:15 a?zinutes afg?hgulat foameil a?taamg game 9, 2075 Mayor Richards called the meeting to order, welcomed all the guests, the .city attorney, Casey McCall, acting City Clerk/Treasurer, Kim Richards. Councilman Mattineg led us in prayer and Chief Sharp led us in the Pledge of Allegiance. Councilwoman Mosely, Councilman Mattingly, Councilwoman Crawford, Conncilman Crawford, Councilman Clark, Councilwoman Bierbaum, City Attorney Casey McCall, and Acting City Clerk/Treasurer Kim Richards were in attendance. MINUTES APPROVAL Mayor Richards asked if there is any discussion on the minutes of the May meeting. Councilman Crawford and the remainder of the Council explained that due to the minutes they had not yet had an opportunity to fully go over the minutes. Clerk Richards stated that she would not. post the minutes for a few days and should any of the Council members have any changes to be made they should call her to do so. Therefore, Councilman Crawford made a Motion that the Minutes of the Council meeting of May 12, 2015 be accepted; Motion seconded by Councilwoman Bierbaum, Minutes appr?oved. CHECK REGISTER Mayor Richards asked if the Council had any questions and/or comments on the check register there were none. Motion was made by Councilwoman Bierbaum to accept the check register, seconded by Councilman Crawford check register accepted. POLICE DEPARTMENT REPORT ChiefSharp went over his report. He pointed out. that the department had drastically improved the number of traffic violationicitations issued. This month the number of written citations is 201 and last month it was 25.: In addition, the department has issued 60 warning citations. Chief Sharp went over the remainder of his report. Councilman Mattineg stated that. he had been working with the Chief, Sergeant Sherrai?d and Officer Max, and that he was very pleased with the performance of our program. Chief Sharp further explained that Councilman Mattingly had taken some time to get involved in a few cases and 'see? how o?ur'K49 program ope?rates; Chie'f'Sharp invited all Council members to getinvolved I 7 I and ?shadow? the oflicers and the department in order to be more familiar and informed on exactly what the police department. does. . Councilman Crawford asked Chief Sharp if the i-varrants served were only on residents of our City. The Chief explained that the majority of the warrants served'stem from-apprehending offenders for other crimes, Such as shoplifting, etc; Councilwoman recognized Sergeant Sievert. for donating his time to participate in collecting for the Crusade for Children. 'After working a full third-shift, he and his danghter volunteered in the collection for over five hours. Councileman Mosely thanked the Chief for employing such diligent officers and expressed her appreciation to Sergeant Sievert. Attorney McCallasked ChiefSharpwhat the procedure?is for? the-Office-rs to be subpoenaed to- -- appeiu' in Court as a witness in a case. Chief Sharp explained that when a subpoena is issued to one of our officers, they are mailed to the department. The Chief stated that he has asked ifit would be possible for subpoenas to be sent to us electronically. I-on-vever, the County Attorney . has advised that electronic delivery was not possible at this time. Attorney McCall advised that he would visit each court room and post our phone number so that our of?cers can be contacted for the purpose of testifying to avoid cases being dismissed due to an officer failing to appear in court. He also suggested that the Chief check Courtnet once a week for all cases to be heard for the week which our officers need to appear. OLD BUSINESS COUNCIL APPROVAL OF CITY Mayor Richards stated that there had been several previous discussions regarding the Council approving the Mayor?s appointment of Kim Richards as City He stated that the Council had previously requested that she meet the requirements of our Ordinance, which is that she obtain a Public Official Bond and become a Notary Public. The Mayor advised that Ms. Richards has met those two requirements, and therefore, he advised that Ms. Richards would now officially become the City Clerk/rl?reasurer. Councilwoman Bierbaum stated that now that Ms. Richards has met all of the requirements, she made a Motion that the Council approve the Mayor?s appointment of Kim Richards as City Clerk/freasm'er. Councilman Clark advised that; he has a couple of questions. He stated that he has done some research and that his findings are that. to be a Notary Public in the state of Kentucky, one cannot be a convicted felon. Further, he stated that he does not know if Kim Richards is a convicted felon, but the WAVE 8 news reported in April that she is a convicted felon. Therefore, he wants the Mayor to advise the Council whether or not Ms. Richards is a convicted felon. Councilman Crawford excused himself for interrupting and attempted to make a statement. I-IoWevcr, Councilman Clark stated that he has Robert?s Rule of Order and that; he was ofa comment and wished tocontinuc before being . interrupted. He then asked Ms. Richards ?are you a convicted felon?? Several other members of the Council advised Councilman Clark that: it was inappropriate for him to ask this of Ms. Richards, and the meeting became unruly. Mayor Richards regained control of the meeting by advising the Council that we have already discussed this issucon more than one occasion, that the entire Council has previously approved his appointment of Ms. Riel-lards pending her meeting the two requirements stated above, which she has dene. Mayor Richards then asked attorney McCall for his advice as to how to proceed on this issue. Attorney McCall stated that Ms. Richards has met the legal requirement to take the position, she has a Notary Public Certi?cate issued to her by the Secretaiy of State. Attorney McCall advised that one can have their Civil Rights restored through various . venues, including expungement, going to the Governor?s Of?ce, voiding of convictions, etc. He advised that he feels confident that the City is ok because the Secreuu'y of State has issued Ms. Richards a Certi?cate allowing her to be a Not'aiy; and any due diligence vvl'iich?sho?ld'have bani?(15716 iahd that this done it?s due diligence for the legal requirements. Mayor Richards then requested Attorney McCall to confirm that this Council has previously approved his appointment of Ms. Richards. Attorney McCall stated that there has been two prior unanimous votes in special session. However, if the Council wishes to vote in open session he feels there is nothing wrong with that. Prior to a vote, Councilwoman Bierbaum asked to be allowed to make a statement. She stated that each and every one of us have done things in our past that you cannot say you should not have done and that you could have gotten in trouble with the law for doing it. Too often in the State of Ketnucky, if you are convicted of a felony, you are considered a third class citizen and cannot even obtain a job at McDonalds. She stated that she met a man a couple of weeks ago who was homeless because he had gotten into legal trouble due to drugs, was now a convicted felon, and is now unable to obtain employment. Prioi' to his legal trouble, he was a licensed contractor who owened his own business, owned a home, had a family, and did well for himselflinancidly. He told her he got into trouble, went to jail, served his time and debt to society, but when released he has been unable to obtain employment due to his criminal record. She further stated that back in January when the Mayor announced his wishes to appoint Ms. Richards to this position, she reminded that she advised everyone then that they needed to either stand behind Ms. Richards or turn your back on her. She reminded the Council that even our Mayor has troubles of his own, though the residents of our City elected his to be our Mayor despite all of that. She stated thatjust because someone has a felony charge, that does not mean they are not qualified and quite often those tend to be the best. employees. Councilman Crawford pointed out that Councilwoman Bierbaum has made a Motion that the M. yor?s choice of Kim Richards to be appointed as City Clerk/freasurer be approved, and we have not gotten a second on the Motion. He stated that there has been more than ample discussion on this matter and if appropriate, he would like to second the Motion. Attorney McCall advised that his second would be appropriate at this time. Mayor Richards stated that his belief is . A that we havehad enough discussion on this matter, that. Ms. Richards has ?jumped. through hoops?, to please this Council and meet the legal requirements, advised that her Civil Rights have been restored, she can vote and run for public oflice. With that being said, Mayor Richards closed the discussion on this matter and asked for the Council to approve his appointment. Motion is made by Councilwoman Bierbaum and seconded by Councilman Crawford; roll call vote as follows: Councilman Clark 110' COuncilman Crawlord lea; Councilwoman Bierbaum lea; Councilwoman Crawford yea; Councilman Mattineg yea; Councilwoman Mosely yea. Vote is live to one; for the record Councilman Clark objected - Motion passed. Marti Sitz, a Notary Public, swore in Kim Richards as the City of West Buechel?s City Clerk/Treasurer. Clerk Richm?ds then thanked all of the members of the Council who supported her in this appointment. NEXT ORDER OF OLD BUSINESS STATE AUDIT REPORT Mayor Richards advised that Council that he has spoken with Auditor?s oflice Chief of Stall, Tom Bennett and a Mr. Likins, who advised that there will soon be a date set for them to visit City Hall to review the records we have compiled for them per their request. The Mayor advised that they have requested some records that-he has been unable to obtain and the Auditor?s ollice will need to assist us in this. He advised that we should know a date of the visit within the next few days. Councilman Mattingly asked for the lloOr to make the statement that all of the records which we have obtained had been erased and/or taken from the building, which he feels is very wrong and that someone must answer for doing 50. The City Clerk asked for the floor to explain an issue regarding the audit process. She advised that she has discovered that even though the financial records were erased from our Quickbooks program, the Vendor list, which is a list of every payee that a check has been written to since the City has been using the Quickbooks program, was not erased. Therefore, we now know everyone to whom a check has been written, now that list needs to be investigated extensively. She stated that she is not quali?ed to perform this investigation, and her suggestion is that we bring in forensic accountants to do so. A guest, John Campbell, asked the Mayor if the City would be seeking prosecution and/or restitution fo any proven wrongdoing. Mayor Richards advised that we will follow the advice of the State Auditor?s oflice on this matter. Councilman Mattingly advised that he has spoken to Mr. Bennett regarding this question, and he has advised that should they indeed [ind wrongdoing, they will be seeking prosecution. NEXT ORDER OF OLD BUSINESS UPDATE ON PROJECT Mayor Richards advised that. he has included an update letter from Alex Rosenburg' advising that MSD has had some in-house personnelli changes and that they are in the process of reviewing their budgets and will do so afterJuly 1, 2015; NEXT ORDER OF OLD BUSINESS REPORT FROM CITY CLERK REGARDING OUR HEALTH INSURANCE PLAN Mayor Richards gave tlie'lloor to Clerk Richards. She advised the Council that Councilman Clark?s statement on the news last month regarding the City paying health insurance premiums for his coverage unnecessarily. Clerk Richards advised that she has been werking on obtaining a credit for those paid premiums, which has been a success to the tone of almost $6,000.00. She further stated-mat proper paperwork to stop the billing?. She also advised that; we have been paying premiums for a family plan for Of?cer VVilloug'hby. This was an error, the Ollicer properly ?led the appropriate papelwork, and we will be receiving a credit for those paid premiums. Councilman Clark stated that he did sign the appropriate papelwork to stop his insurance. NEW BUSINESS FIRST ORDER OF BUSINESS ON AGENDA ORDINANCE 263, SERIES 2015 AD VELOREM TAX Clerk Richards advised that there was no changes made to the ad velorem taxes, but that a new Ordinance needed to be passed each year. Councilwoman Mosely made a Motion to accept Ordinance 263, Series 2015, seconded by; Councilwoman Bierbaum. Attorney Casey McCall read the Ordinance aloud, then the roll call vOte was as follows: Councilman, Clark yea; Councilman Crawford yea; Councilwoman Bierbaum yea; Councilwoman Crawford yea; Councilman Mattineg yea; Councilwoman Mosely yea. Vote is unamimous Motion passed. NEXT ORDER OF BUSINESS ON AGENDA - RESOLUTION 2015?8 TO TRANSFER COVERAGE OF POLICE OFFICERS FROM HAZARDOUS CLASSIFICATION Councilman Mattingly introduced a Resolution to reclassify our Police Officers to Hazardous status under their CERS retirement system. Attorney McCall briclly explained to the Council the need for Resolution and advised that the previous administration had improperly classified the Officers as non-hazardous. Councilman Mattineg made a Motion to pass Resolution 2015?3, Councilwoman Bierbaum seconded the Motion. Councilman Crawford made a Motion to amend this Motion and. table this Resolution indefinitely until we can get with the KLC for a study. CouncilwomanBierbaum stated that this is very necessary because as it is. now, should one of our Officers. get killed in the line of duty, their family getsnothing. Mayor Richards asked Attorney McCall should the Council pass this Ordinance [sic] at this time, is the City bound by it since there would be a second reading. Attorney McCall corrected the Mayor informing that this is not an Ordinance, rat?herit is a Resolution. Then he advised the Council that his research indicates that the City cannot continue to classify theirOfficers as non?hazardous. Further, he stated that it is his ?strong advice to this Council? to pass this Resolution. Councilwoman Crawford asked how this mistake was made to begin with. Attorney McCall advised that the mistake is not this correction-to avoid possible?lawsuits; which?"? have occurred in other department overjthis very issue. Chief Sharp stated that in 1995 when his employment with the City began, the department was classified as non-hazardous. It was then found by the City attorney that this was not correct, and advised that the classification be changed; as a result, the City reclassified the Officers as . hazardous. When the Police Department was dissolved, then re-established, they were then classified as non?hazardous. Marti Sitz, the former City Clerk, advised that she was informed by our CERS representative that the City needed to reclassify the police officers to hazardous. As a result of that advice, she prepared the necessary paperwork and took it to the former mayor, Sharon Fowler, to bring it. before the Council. However, she stated that Ms. Fowler chose not to bring the issue before the Council and did nothing to correct. the mistake. Councilman Clark stated that he is in support of this Resolution. However, he would like for the Council to make budget cuts in other areas to offset the additional cost of this reclassification. Councilman Crawford stated that he is in favor of the Resolution, but stated that he is concerned about the additional costs involved, and asked that the Resolution be tabled for at least 80 days until they begin to work on the budget. Councilwoman Bierbaum stated that. she will not. even consider tabling the matter due to the fact that Attorney McCall has advised them that. the current. classification is illegal, and they themselves would be committing fraud to ignore this and not. pass this Resolution. The remainder of the Council agreed that the matter should net be tabled and agreed to take a vote on this date. As previously written, Motion was made by Councilman Mallineg to pass the Resolution, seconded by Councilwoman Bierbaum, roll call vote was as follows: CouncilmanClark yea; Councilman Crawlord no; Councilwoman Bierbaum yea; Councilwoman Crawlord yea; Councilman Mattingly yea; Councilwoman Mosely yea. ole is live to one Motion passed. Finally, Attorney McCalluadviSCd the-Council that Mayor Richards could have made the reclassi?cation without Council approval, but brought it before the Council as a courtesy. . i i NEXT ORDER ON AGENDA 2016 PROPOSED BUDGET Mayor Richards has provided the Council with a copy of his proposed budget draft. He explained that since the City was unable to pass a budget; last year, and we are truly unclear of our true ?nancial standing, he would like for the Council to take his draft of the budget home and review it and then remeet for a more formal dichssion. Attorney McCall advised that the law is clear that as long as the Council is making a good effort to pass a budget, it does not necessarily have to be - therefore, all agreed to schedule a special budget meeting forJune 23, 2015, at 5:00 p.m. Councilmeui Clark asked if this would be considered as the ?rst reading of the new budget. Attorney McCall advised that a ?rst reading is not absolutely necessary; that the ?rst reading can be a summary, which is what we have here with the Mayor?s ?rst draft. Then the second reading must be verbatim. Councilman Clark then requested that the Council meet towards the end ol'June in an attempt to have the budget ?nalized byjuly l; everyone agreed to that. NEW BUSINESS Councilwoman Crawford asked for the lloor. She stated that she has been reading her City Of?cial?s Legal Handbook and ?nding that our City is not following some of the guidelines written in that publication. She said she would like to commend the Police Department and the Maintenance Department. for the very good job they have been doing. However, she has information that outsiders are directly addressing maintenance personnel asking that they perform tasks. Her point is that the only direction the maintenance personnel are to receive is supposed to come from the Mayor ONLY. She feels that anyone other than the Mayor who wants something done should ?ll out a work order and turn it in to the Mayor for his approval; then he in turn should direct the proper staff. Further, she stated that. people are making purchases then going to . City Hall and turning in a check request; for reimbursement, all without: the Mayor?s approval or knowledge. She then requested that all members of the Council refrain from participating in any type of supervision of any City employee or making any purchases, as that is the sole responsibility of the Mayor. Councilman Mattingly asked for the ?oor. He brought up the rental of the Community Center. He requested that the rental be restricted to residents only and that. a time limit of four hour rentals be imposed. Councilwoman Bierbaum agreed with Councilman Mattineg regarding the rental time limits but disagreed with restricting the rentals to residents only. She asked that we initiate written rules for rentals, as well as the entire center operation. Mayor Richards agreed that we 11. ve issues to wrok out regarding the center and assured the Council that he is working on the-betterment of the center. Councilman Clark asked for the ?oor and stated that he had requested that other issues to be on the agenda, which were not. Mayor Richards gave him the floor. The ?rst issue is returning Randy Mullins? personal @013 which are at the TEM building. Mayor Richards advised that Mr. Mullins has retained an attorney, and that we arein contact with his attorney and will be cooperative on this matter. the property?next-door Ito?City Hall-.- ?I-Ie--suggestedthat-theCity property a soccer field for the City?s children to play. There was a brief discussion regarding Councilman?s Clark?s suggestion, with various opinions of what should become of the property. Mayor Richards advised that Council that he is actively 011 reforming the current Community Center as well as ideas for the vacant property next door. He welcomed ideas from the Council members and invited them to visit him for discussions on these issues. Councilman Clark asked for the lloor for one more topic. He stated that he had investigated the proposal of moving the Police Depai't'inent to the TEM building. He stated that his research indicates it would not bevery costly, andiit would be a good idea to make this move in order to make the Police Department more accessable to the public. Councilman Crawford added that he thought the move would be a good thingand stated that the KLC was performing a feasibility study as to what can be done with that building. Attorney McCall stated the we are officially scheduling a special meeting for the purpose of discussing the budget on June 23, 2015, at 5:00 p.111. Further, he stated that this announcement in open meeting would satisfy notice requirements to the media, ete.per KRS 61; the only item open for discussion at this meeting will be the 2016 budget. GUESTS SPEAK John Campbell stated that he would like'to see the City put up some [lags throughout the City 7 stating we would need a total of 22 ?ags to cover all streets. He also addressed the garden at the Community City, stating that some plants did not come back this year and asked for permission to . replace the four or five plants. He stated that he would maintain the garden himself. Mayor Richards advised hiinto let him know what he needed and he i-vould be glad to furnish it. I Billy Hill addressed the Community Center rental and suggested that at the conclusion of the rental, there should be an inspection to ensure that the renter had cleaned properly prior to returning the deposit 1nonies.- Chuck Harrer 01?3722 Ethel Avenue ?rst of all commended the Police Department for their diligent serviice. He then advised that there is a lot of drugs and prostitution occurring next door to his property and he would like to see something done about that. Secondly, he stated that across the street from his property there is a State run facility for mentally ill residents who are causing damage to his property and personal items. He requests that something be done about this facility, possibly shutting it down due to the unruly behavior of the residents there. Councilman Mattineg commented that he had visited that facility and advised the person running t6 business license and are not paying occupational taxes. 7 CLOSING OF THE MEETING Motion was made by Councilman Crawford to close the meeting, seconded by Councilwoman Crawford, with all of the council in agreement, the meeting was adjourned. Date MAYOR RICK RICHARDS Date CITY KIM RICHARDS