Special Series Forthcoming…

Next week therealville will begin a series on Ethics Ordinance proposals. This will include a detailed comparison between the two proposals, information regarding the various sponsors of each proposal, the current issues with the ethics rules in Louisville, as well as discussion regarding the Ethics Commission.

 

  Next week we will also begin informing you of various individuals in Louisville politics, beginning with the council members. This will include biographical information available on their websites, voting records in council, and other important information.

 

  Look for these new series to begin next week, right here at therealville.

 

Council’s Caucus’ Cancelled

A press release from Tony Hyatt, Communications Director for the Majority Caucus of Louisville Metro Council, states that the caucus meeting will not meet on Thursday, May 1^st, as originally scheduled. The caucus meeting for the Democrats will be held on Thursday, May 8^th.

  After contacting Steve Haag, Communications Director for the Minority Caucus, it was also confirmed that the caucus meetings will be rescheduled for them as well. The week is complete with various activities associated with the Kentucky Derby ,as well as a scheduled furlough day on Friday, which is to be held this weekend.

 

Democrats Team with Dream Team

  Five Louisville Metro Council Democrats have teamed with a group known as Dream Team. This group supports the Southwest Jefferson area, often meeting at various locations in the area. Currently this group is attempting to gain recognition in the area in effort to bring more business to Southwest Jefferson County. With the joining of five Metro Council Democrats, the group will be looking for individuals to sign a petition that will be taken to the Annual Shopping Center Convention in Las Vegas.

  Rick Blackwell (12^th Dist), Mary Woolridge (3^rd ), Vicki Aubrey Welch (13^th ), Bob Henderson (14th) and Judith Green (1st), are looking to help Dream Team gain 12,000 signatures of individuals that shop along Dixie Highway. To do so, according to Councilman Blackwell, would “signal to national retailers and local officials that Southwest Louisville is economically sound and anxiously awaiting more quality businesses”.

  Mr. Blackwell’s district has grown in the past few years to include various businesses. Mr. Henderson, whose district neighbors Blackwell’s to the southwest, is in support of the petition, though his district has struggled economically. Mr. Henderson points to the new businesses that have been introduced to the corner of Dixie Highway by the Watterson Expressway as evidence of the potential for growth in the area.

  The two groups have arranged for businesses to become involved as well. Many businesses will reportedly be asking customers to sign the petition. Three council members, Rick Blackwell, Vicki Aubrey Welch, and Dan Johnson (Dem.-12^th dist.), were at a booth seeking signatures and explaining their efforts.

  The goal is to gain 12,000 signatures by Wednesday, May 7^th in order to present to local officials previous to the convention, which will begin May 23^rd.

 

Amendment that Strengthened Bond Ordinance

Below is the amendment that changed the Bond Ordinance which was voted and passed by the Louisville Metro Council on Thursday, April 23, 2009.

 

  Council Members that voted for the amendment are as follows:

 
Judy Green (D), David Tandy (D), Kenneth C. Fleming (R), 
Vicki Aubrey Welch (D),Kelly Downard (R), Hal Heiner (R),
 Robin Engel (R), Doug Hawkins (R), Kevin Kramer (R),
Glen Stuckel (R), Stuart Benson (R), James Peden (R),
 Tina Ward-Pugh (D), Rick Blackwell (D), Jon Ackerson (R),
 Brent Ackerson (D)

 

 

  Council Members that voted against the amendment are as follows.

 

Jim King (D), Barbara Shanklin (D), Cheri Bryant Hamilton (D),
 Tom Owen (D),Robert Henderson (D), Mary C. Woolridge (D), 
George Unseld (D), Marianne Butler (D),Madonna Flood (D)

 

 

 

  The amendment passed with a vote of 19-6, with all six retractors from the Democrat party.

 

ORDINANCE NUMBER ________, SERIES 2009

AN ORDINANCE OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (“METRO GOVERNMENT”) RELATING TO THE DISCRETIONARY EXPENDITURE BY THE MAYOR OF SURPLUS PROCEEDS ON NOTES, MORTGAGES, LEASES NOT BEING HELD FOR REINVESTMENT AND THE EXPENDITURE OF SURPLUS PROJECT FUNDS CONTAINED WITHIN GENERAL OBLIGATION BONDS [AS AMENDED].

Sponsored By:  Council Members Heiner, Downard and Ward-Pugh

WHEREAS, a consolidated local government shall have power and authority as prescribed in KRS 67C.101 (3); and

WHEREAS, the Council’s legislative powers are prescribed in KRS 67C.103 (13); and

WHEREAS, the Council recognizes the authority of the Executive Branch (Office of the Mayor) of Metro Government as prescribed in KRS 67.C105; and

WHEREAS, under these statutes, the legislative council of Metro Government (“Council”) authorizes the issuance of general obligation bonds; and

WHEREAS, the Council approves the Metro budget, and appropriates the funds that are expended to purchase property and to finance public projects; and

WHEREAS, the Metro Government is the holder of leasehold interest, real property, mortgagees and promissory  notes to secure the Metro in its expenditure of the General Fund dollars for authorized projects; and

WHEREAS, the Council acknowledges the periodic discretionary movement of funds in certain bonds, notes, mortgages, judgments and other negotiable instruments may be granted to the Mayor, the Chief Financial Officer or the Mayor’s designee; and

WHEREAS, the Council has determined to restrict the method of the discretionary movement of said funds whether said movement be through an assignment of a mortgage  or lease: a discount in the amount due from a mortgage or leases, forgiveness or any modification that may  compromising the debt, or any other  type of expenditure; and

WHEREAS, it is this Council’s desire that the Mayor or his/her designee submit a report recommending a process for the allocation of any Lease Payment, Mortgage Payment, Premium, Interest Earnings and other surplus bond funds, if any, and to submit quarterly reports to this Council regarding surplus Premium, Interest Earnings and surplus bond funds.

NOW, THEREFORE, BE IT ORDAINED BY THE METRO COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, AS FOLLOWS:

SECTION I.  Definitions.  As used in this Ordinance, unless the context requires otherwise:

“Act” means collectively, Sections 66.011 through 66.191 of the Kentucky Revised Statutes.

“Bond Ordinance” means an ordinance of the Issuer, authorizing and approving Bonds, as amended or supplemented from time to time.

 “Bonds” means the Issuer’s “General Obligation [Refunding] Bonds” and, where applicable, the Notes authorized under the provisions of this Bond Ordinance to be issued in one or more series.

 “Chief Financial Officer” means the Chief Financial Officer of the Issuer, or such other official of the Issuer as may from time to time be designated by the Issuer to perform the functions or responsibilities of the Chief Financial Officer hereunder.

“Funds and Accounts” means, collectively, the Bond Fund, the Cost of Issuance Account and the Project Fund.

 “General Obligation Notes” or “Notes” means, Bonds issued in one or more series as general obligations of the Issuer pursuant to or in accordance with the Act.

 “Issuer” means the Louisville/Jefferson County Metro Government, a municipal corporation and political subdivision of the Commonwealth.

   “Revenue Commission” means Louisville/Jefferson County Metro Revenue Commission, as successor in interest to the Louisville and Jefferson County Revenue Commission as previously established and operated under the provisions of City of Louisville Codified Ordinances.

The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular and when expressed in the plural, shall also include the singular.

All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles.

SECTION II.  The Issuer, through the Mayor, the Chief Financial Officer or the Mayor’s designee, may change, substitute or otherwise modify the use of the proceeds of any Bond or Note issued hereafter to the extent permitted by the Act; provided, however, that any such changes, substitutions or modifications of the use of the proceeds shall not exceed $500,000 in the aggregate per Bond to specific projects contained in the Bond and may do so without prior Metro Council approval.  However, to the extent that any such change, substitution, or modification does not cause the Issuer to be in violation of any tax or other special covenants, the Mayor or the Mayors designee, may fund other projects not specially set forth in the Bond with prior Metro Council approval.

SECTION III.  To the extent permitted by law, the Mayor may reduce, modify, assign, forgive or cancel any debt qualified for a reduction under State law in an amount not to exceed 10% of the Note $150,000; and any; promissory note, Mortgage, or Lease securing an expenditure of public funds; provided, however, that any such changes, substitutions or modifications of the use of the proceeds shall not violate state law and or exceed $50,000 $150,000 without prior Metro Council approval of an ordinance filed with Metro Council at least 60 days prior to such action and shall be effective only to the extent that any such change, substitution, or modification does not cause the Metro Government to project a deficit.  Any reduction of more than $100,000 but less than $150,000 shall be reported to the Metro Council through the Council President at least 30 days prior to such action.

SECTION IV.  The Mayor or his/her designee shall (1) submit a report to this Council recommending a process for the allocation of any Lease Payment, Mortgage Payment, Premium, Interest Earnings and other surplus bond funds, said funds not being unappropriated general funds held in an investment account and; (2) submit quarterly reports to this Council regarding the surplus funds whether the mortgage, note or lease is held by Finance, Economic Development or any other agency of the Metro Government.

SECTION V.  The Revenue Commission shall submit a quarterly report as to the surplus funds held in the Bond Fund, the Cost of Issuance Account and the Project Fund for each General Obligation Bond.

SECTION VI.  This Ordinance shall take effect upon its passage and approval.

 

_______________________________ Kathleen J. Herron Metro Council Clerk

_____________________________ David W. Tandy President of the Council

 

 

_______________________________ Jerry E. Abramson Mayor

_____________________________ Approval Date

APPROVED AS TO FORM AND LEGALITY:

Michael J. O’Connell

Jefferson County Attorney

 

 

 

BY:  ____________________________

 

 

DiscretionaryExpenditureByMayorOfSurplusProceedsNotReinvestments Ord. ROC wpo,bkn,tg Draft 2                                  3-23-09

DiscretionaryExpenditureByMayorOfSurplusProceedsNotReinvestments Ord. – Comm Amendments – ROC wpo,bkn,tg,bw Draft 3        4-15-09

Disc.Expend.ByMayorSurplusProceedsNotReinvstmntsOrd.w-Cmte.& Council Amdmts.042309-ROC wpo,bkn,wtw Draft 4   4-24-09

 

Council Sends Messages To Mayor Jerry Abramson

Council Sends Messages To Mayor Jerry Abramson

 

  At 5:15 p.m., on April 23, 2009 the Louisville Metro Council joined together for their Committee of the Whole, a 15-30 minute “dress rehearsal” in which the council discusses the affairs and any business/proposals that are to be brought up later that night in the Metro Council Meeting. It was then, at the Committee of the Whole that many members of the council, from both parties, expressed concern, and at times, anger with the Mayor’s office about the forgiveness of about $7,000,000 in debt accrued by Phoenix Place Apartments, especially when the entity was informed of the forgiveness and documents stating that the debt was forgiven had already been signed and delivered before the council had been adequately informed.

  The council was given two to three weeks to review the case, and this was without the adequate information. According to a some in the council, they had not received any information regarding the appraisal value, which was to be conducted by an independent appraiser. The explanation was simply because it was not ready at the time. A financial impact statement also was not provided by the Mayor’s office, even after members of the council had requested that statement.

  In Council, Kelly Downard and Hal Heiner, (both Republicans), joined with Tina Ward-Pugh (Democrat), to introduce an amendment that strengthened the bond ordinance. Though some members of the council did not vote for the amendment, the majority did, and the amendment passed.

Litter Ordinance Proposal Needed, Though Contested

    The Litter Ordinance proposal, primarily sponsored by Brent Ackerson, (D), and co-sponsored by many council members is defended by the councilwoman who will chair the committee in charge with overseeing the progression of the ordinance. This proposal, though it does not specifically target the Courier-Journal advertisements that are distributed on a weekly basis to non-subscribers, will directly affect that business and those who deliver the ads. Councilwoman Madonna Flood (D), who is also a co-sponsor of the bill, states that the delivering of the advertisements “is an issue that in (sic) Metro wide with complaints coming from Home Owners as well as Home Owner/Neighborhood Association’s (sic).” Mrs. Flood further notes “There is also a problem with these bags of ads causing problems in Beargrass Creek.”

    In a recent discussion with a manager of the Courier-Journal, it is the homeowners, not the newspaper that should accept the responsibility for maintaining the property and neighborhoods. Though the manager states that the Courier-Journal does have the responsibility to ensure that the advertisements are delivered in the appropriate place, it is the homeowners that need to ensure that they are picked up from the property. “How can the government inform a business that they are responsible for the cleanliness of someone’s personal property?” he asked.

  The proposal affects more than the newspaper company and advertisements, another Metro employee has pointed out. The proposal will undoubtedly affect various organizations such as churches that distributes flyers, neighborhood associations delivering announcements, and even political campaigns delivering pamphlets and leaflets. Though many of these details are expected to be worked out in committee, there are various difficulties that could arise, though the majority of those issues are expected to arise outside of the walls of City Hall.

  Special attention is being paid to ensure that the Metro Council is accurately working within the frame that the law allows, without trampling on the First Amendment rights of freedom of speech and press. Though all that have been questioned acknowledges these rights as important, the issue of cleanliness has been brought up on numerous occasions.

  The bags that have been picked up are usually done so by private property owners, but when they do clog drainage lines, then the Metro Sewer Department is responsible for cleaning up the papers and bags. To date, there is not ample data to inform the public of how much time is wasted, or how much it cost to clean up the bags.

Louisville Noted As A City Of The Future

 On Louisville Metro Government’s website the title reads “Louisville Named City of Future”. Though the city of Louisville does have a reason to celebrate, it has NOT been named the “City of the Future” as the mayor’s office would have one to believe.

  The article references the magazine Foreign Direct Investment, which does a ranking of North American cities every few years. The ranking is done utilizing various criteria based on economic potential, human resources, cost effectiveness, quality of life, infrastructure, business friendliness and promotion strategy. The cities are divided into four different groups based upon population. The groups, with the population needed per group is as follows: Major cities have a population of more than 1,000,000; large cities have a population of greater than 500,000 but less than 1,000,000; Small cities have a population greater than 100,000 and less than 500,000, and Micro cities have a population of less than 100,000. Utilizing the population as the criteria for determining the group, Louisville falls into the “Small cities” category.

  Within this group, Louisville ranks 7^th, beating Tulsa, Oklahoma; Richmond, Virginia; and Salt Lake City, Utah, but falling behind Tampa, Florida; Minneapolis, Minnesota; Raleigh, North Carolina; St. Louis, Missouri; Irvine, California; and Sacramento, California.

  Louisville also ranked third behind Raleigh, North Carolina and Tampa, Florida as one of the top five of “Best Economic Potential”.

    There are, according to this article, only two cities that have a consistent ranking above Louisville in the two categories. This allows the statement to be made that Louisville could be considered, a City of the Future.

Killing 80+ Years of Muscle

 

  The Wall Street Journal reported this last weekend that this is the week that over eighty years of legacy and muscle will end for General Motors. As part of the restructuring desired by President Barak Obama’s stimulus package requiring cutbacks and downsizing, General Motors will cease to be in charge of Pontiac vehicles.

  Pontiac has been known to be the start of some great executives that produced some fancy cars, such as John Delorean. Beyond producing some great executives, Pontiac has also been known for producing a great range of vehicles from sporty to family, sports utility to some “just right for me”. Pontiac’s line of vehicles under General Motors oversight includes well known names such as: the GTO, Firebird, Fiero, Sunbird, Grand Am, Grand Prix, Trans-Am, Vibe, and a list of others.

  In it’s “heyday” Pontiac was well known for the GTO, with it’s “muscle-car” appearance, that was very popular amongst car collectors, and is still sought after in some circles. From there, the Pontiac Trans-Am was much desired and was often the love of many men and featured in various popular movies and television shows.

  Due to the lack of sales for the Pontiac, and the need to downsize to meet the requirements laid before them, General Motors has determined that the Pontiac line will have to go.

Revenue Records Agree With Low Budget

On Friday, April 24, Dan Klepal reported in the Courier-Journal that Mayor Jerry Abramson has stated that the upcoming budget, which Louisville Metro Council must approve and pass by July 1, could very well be the toughest in the history of Louisville, and definitely the toughest since the merger, He has already made steps to inform his directors of the various services that they need to look for ways to deliver their services with that in mind.
A review of the March Revenue Records for Metro Louisville shows that the mayor is correct. The records show that Metro Louisville has declined in nearly every area of revenue compared to last year. The records show that even in areas that many thought would increase, such as TARC, records decline; in that case by $209,946 than it was at this time in 2008.

Litter Ordinance Proposal

 

Interestingly enough, the Courier-Journal failed to print a news item that directly effects them and could hurt their “image”, as well as their pocket book.

  In council on Thursday, the Metro Council heard and received information regarding an ordinance that would increase difficulty of the delivering of TMC’s to individuals who do not subscribe to the paper. As a result, the Courier-Journal has it’s couriers provide the “service” of delivering these items to non-subscribers, and often these items are left in the yards, driveways, and sidewalks causing an “eyesore”.

  Brent Ackerson, (Dem.- Dist. 26), has sponsored a bill that seeks to make it more difficult, and he has gained support from a host of council members. Jon Ackerson, Jim King, Bob Henderson, Marianne Butler, Vicki Aubrey Welch, Rick Blackwell, and James Peden have already signed onto this proposal.

 

  Since the proposal has yet been reported accurately, and a copy has been provided to us, we have decided to publish it in it’s entirety as it stands at this time.

See below:

 

ORDINANCE NO. _________, SERIES 2009

 

AN ORDINANCE REQUIRING THAT THE DELIVERY OF UNSOLICITED WRITTEN MATERIALS TO A PREMISES BE PLACED IN A DISTRIBUTION BOX, ON THE FRONT PORCH, SECURELY ATTACHED TO THE FRONT DOOR OR EXTERIOR OF A MAILBOX, OR BETWEEN THE EXTERIOR AND INTERIOR FRONT DOOR.

 

                        Sponsored by:   Brent Ackerson, District 26

                                                       Jon Ackerson, District 18

       Jim King, District 10

                                                       Robert Henderson, District 14

                                                       Marianne Butler, District 15

                                                       Vicki Aubrey Welch, District 13

                                                       Rick Blackwell, District 12

                                                       James Peden, District 23     

 

WHEREAS, the legislative council of Louisville/Jefferson County Metro Government (“Metro Council”) is concerned about the proliferation of litter in the community; and

WHEREAS, it has come to the attention of the Metro Council that deliveries of unsolicited written materials are being haphazardly delivered throughout Metro Louisville by distributing such materials on sidewalks, yards, and driveways with no means to ensure that such items do not add to the litter problem created; and

WHEREAS, the Metro Council has determined that these unsolicited written materials have contributed to the litter and visual blight of private premises, public streets, sidewalks, and other public places as well as damaging property, including but not limited to, causing or contributing to sewage and/or drainage backups; and

WHEREAS, the Metro Council wants to ensure that these unsolicited written materials do not litter the streets, sidewalks, other public places and yards and driveways of private premises, nor cause visual blight in our neighborhoods, nor damage property by causing or contributing to sewage and/or drainage backups; and

WHEREAS, this Ordinance is an effort to reduce unwanted litter and visual blight caused by unsolicited written materials on public property and the yards and driveways of private premises, and to further prevent damage to property as a result of sewage and/or drainage backups.

NOW, THEREFORE, BE IT ORDAINED BY THE METRO COUNCIL:

 

SECTION I.  A new section of the Louisville/Jefferson County Metro Code of Ordinances is hereby added as follows:

(1)       Unsolicited written materials delivered to a premises shall be placed:

(a) where permitted, in a distribution box located on or adjacent to the premises; or

(b) on a porch, if one exists, nearest the front door; or

(c) so such materials are securely attached to the front door; or

 (d) so such materials are securely attached to the exterior of a mailbox located on or adjacent to the premises; or

(d) between the exterior front door, if existent and unlocked, and the interior front door; or

(e) personally with the owner, occupant and/or lessee of the premises.   

(2)       Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed or conveyed in such materials.

(3)       The provisions of this Ordinance do not apply to the United States Postal Service.

(4)       For purposes of this Ordinance, the following definitions shall apply:

(a)       Front Door.  The street-facing entrance to a principal structure.  In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this Ordinance.

(b)       Porch.  An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.

(c)        Premises.  A lot, plot or parcel of land including any structures, driveways, or other impervious surfaces thereon.

(d)       Principal Structure.  A structure, as that term is defined in the Land Development Code for All of Jefferson County, Kentucky, or combination of structures of primary importance on the Premises, and that contains the primary use associated with the Premises.  The primary use is characterized by identifying the main activity taking place on the Premises.

(e)       Unsolicited Written Materials. Any written materials, which are delivered to any premises, without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.

  (5)     Any placement of unsolicited written materials in areas on or adjacent to a  premises other than as set forth in Section (1), above, shall be a violation of this Ordinance, classified as a civil offense and enforced through the Code Enforcement Board (“Board”) as provided in §§ 32.275 through 32.290, or as it may be amended.  The civil penalty shall be a minimum of $100 and a maximum of $200 for each violation.     

Section Ii.    This Ordinance shall take effect upon its passage and approval.

______________________________           ____________________________  

Kathleen J. Herron                                              David W. Tandy

Metro Council Clerk                                            President of the Metro Council

 

____________________________	Approved:___________________
Jerry E. Abramson Mayor	Date

 

APPROVED AS TO FORM AND LEGALITY:

Michael J. O’Connell

Jefferson County Attorney

 

 

BY:____________________________

Draft 11 epm 04082009 4:20 p.m.