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Friday, June 29, 2012

COMMISSION RECAP: 28 JUNE

THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks 
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COMMISSION APPROVES NEW BUDGET WITHOUT SPECIFICS
"I feel sorry for the people in a state of limbo because it's a time of uncertainty." The City Commission passes a budget for next year that is short on specifics, but there is a promise that more details are on the way after they hear from you. Click the link for the full story.
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CITY TO PAY $150,000 TO OWNERS OF PLANNED METHADONE CLINIC
The City lost the lawsuit filed against it by the operators of a planned methadone clinic and will now pay out $150,000 to settle the case. The timeline of the situation is as follows: the methadone clinic operators request a permit to operate in Latonia but was denied by the zoning administrator; the operators appealed to the Board of Adjustments which upheld the denial by the zoning administrator; the operators then appealed to the state court system and filed a federal lawsuit against the City citing the Americans With Disabilities Act and discrimination; the state court reversed the Board of Adjustments decision and ordered the City to issue a permit (the methadone clinic will likely open at the former Save-A-Lot grocery on Madison Avenue); the federal court was also not favorable to the City and both parties have been in mediation, reaching the $150,000 settlement  to cover attorney costs and loss of profits.
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The settlement passed the commission 4-1, with the majority agreeing that it was time to put this issue behind the City. Commissioner Steve Frank disagreed. "I'm not an attorney but I understand how the law works," Frank shouted. "You need a signed lease before you can claim you can lose profits!" The commissioner said the methadone clinic operators lied to the Schottenstein family, which manages Latonia Terrace, and that Schottenstein never would have agreed to rent to them. "I don't believe he lost a dime."
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"We've lost two lawsuits," said Mayor Chuck Scheper. "Someone once told me when you're in a hole, stop digging. This is an opportunity to put this is all behind us."
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CITY TO PAY FIREFIGHTERS $600,000 IN SETTLEMENT
Thursday night's special meeting also revealed that the City was on the losing end of another settlement, this time with retired and active firefighters. Calling it a complicated situation, City Solicitor Frank Warnock explained that over the years, the City and the firefighters union agreed to average overtime pay eight hours a week, as opposed to the thirty-two hours of scheduled overtime the firefighters often see, saving the City cash. In other cities, firefighters challenged the manner in which they were paid overtime which led to court decisions ruling the payment methods incorrect. In May, 2010 Covington was informed by the Kentucky Labor Cabinet that it was not in compliance with various court rulings.
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While administrative action is still pending at the Labor Cabinet, a majority of firefighters have agreed to the $600,000 settlement which could have been as high as $6 million without an agreement. "It will be a financial hit to the City to do this but if the firefighters as a whole had pushed their claim forward, it would have been a greater hit," Warnock said. "We'd probably be in bankruptcy court. I don't know what the City would do."
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JACKSON KINNEY RESIGNS AS COMMUNITY DEVELOPMENT DIRECTOR
"After forty years of being on the front lines, I think it's time to retire, or rewire, and I'm looking forward to that," said Jackson Kinney in his resignation speech before the City Commission. "I hope I've been able to put projects on the table that can benefit the City for many years to come. ...I will never forget the experience that I had here."
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Jackson Kinney
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In a news release issued Thursday afternoon, City Manager Larry Klein applauded Kinney's efforts:
According to Klein, Kinney was instrumental in organizing and staffing the City's then-newly-created Community Development Department in 2010, when several Housing Development staff functions were transferred from the Housing Authority of Covington back to City Hall in recognition of the City's refocusing on housing development.

Klein stated that "Jackson took the City's development efforts to a highly professional level and we are greatly appreciative of that. He has been a constant champion for the City since his arrival and chose to make Covington home for his family as well.

"We also understand his decision to resign at this juncture, the conclusion of the CCCAP Plan, which is the next step in Covington's plan for revitalization and redevelopment of its urban core." Klein indicated that Kinney will be available in the coming months to provide consulting service to assist the City as needed with current projects and programs. 
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Kinney's resignation was accepted unanimously but a second item involving the departing director, an exit agreement, had one vote against it. Commissioner Shawn Masters, who was the only commissioners that did not wish Kinney well or thank him for his efforts in accepting the resignation, quipped, "I cannot and will not support quite a few of the parameters" of the exit agreement.
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ASSISTANT CITY SOLICITOR LEAVES TO TAKE TOP JOB IN ELSMERE

Alex Mattingly is leaving his post as Covington's assistant city solicitor to become the City of Elsmere's first administrator. Mattingly called the deal "bittersweet" and thanked Frank Warnock for being a good mentor. Warnock joked that he would like to apply for the assistant city solicitor position, while calling Mattingly an honest, good lawyer. 
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City Manager Larry Klein, an Elsmere native, thanked Mattingly as well. "I know you'll do a great job there," Klein said. 

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Calling him a great city solicitor, Commissioner Sherry Carran said money is partially to blame. "We're just not able to pay him what he's worth," she said. "We've lost a number of good people over the last few months because we're just not able to pay them."
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Alex Mattingly
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PARKING AGREEMENT WITH GATEWAY IS STEP TOWARD URBAN CAMPUS
The Commission unanimously approved a deal with Gateway College which will rent 100 parking spaces at the Midtown Garage as part of a two-year agreement. For the first year, beginning July 1, Gateway will pay Covington $3,000 a month, and then the following year will pay $3,500 per month. "This is an exciting new phases for the city," Mayor Scheper said. "Five-thousand students will create demand for a lot of the amenities we are all looking forward to."
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OTHER NOTES

Commission awarded a bid worth $109,956 to Woeste Builders to construct a roof on city-owned property on East Fifteenth Street as part of the federal Neighborhood Stabilization Program and payable through that program's funds.
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The City accepted the deed to 319 Orchard Street in exchange for a $27,158 tax credit for its owners.

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