Council votes to remove occupational tax cap, leave rate unchanged — for now

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Sept. 8, 2015, 11:45 p.m. — Though it has been unable to reach agreement on raising the city’s occupational tax or how much to raise it, the Bardstown City Council gave its initial approval in a 5-1 vote to remove the $100,000 cap on income subject to the occupational tax.

The vote followed extensive discussion about estimates for sidewalk and street repairs, which were initially discussed at an Aug. 28 finance committee meeting.

Jessica Filiatreau, city civil engineer, explains why estimates for future costs for sidewalk repairs are not yet available.

In making an argument for raising the occupational tax at the Aug. 28 meeting, Mayor John Royalty told the committee that streets and sidewalk repairs have neglected in the past and need more funding. The committee was told to expect an estimate on street and sidewalk costs, which were requested to allow members of the council to evaluate future needs in light of possibly raising the occupational tax. Civil Engineer Jessica Filiatreau told the committee on Aug. 28 the city has indeed fallen behind on street and sidewalk repairs. The council’s 2015-16 budget includes approximately $500,000 to cover those costs.

When asked Tuesday about the status of those cost estimates, Filiatreau said no information was available yet and would not be for some time.

Filiatreau has proposed the city have its sidewalks evaluated by Precision Concrete Cutting. The Provo, Utah-based company advertises itself as “trip hazard removal specialists,” with franchises located all across the country, including Kentucky.

Hagan reminded Filiatreau that the committee had agreed to delay the occupational tax discussions until more information was available on the costs of street and sidewalk repairs. At the time, the committee members believed the information would be available as early as Tuesday’s council meeting.

That wasn’t possible, Filiatreau said. The company must come in and conduct its evaluation of the city’s sidewalks to price the cost of repairs. “That’s going to take more time than was originally asked of us,” she told Hagan.

Still seeking some sort of answer, Hagan asked if the 2015-16’s allocation of $500,000 for street repairs is enough money.

Councilman Francis Lydian’s motion to remove the occupational tax discussion from the agenda failed in a 4-2 vote.

Filiatreau said the city has needs of nearly $1 million for this year. Some streets get a great deal more traffic and wear, requiring more frequent resurfacing, while other city streets — like Parkway Drive — are wider than most city streets, which means more asphalt is required to resurface them.

Hagan asked again for a time frame when estimates on street repairs will be available. With the outside company coming in, she was unable to provide a date the information would be available.

The timing is important in the discussions about the occupational tax because the city must give 120 days notice to local employers of any occupational tax changes prior to Jan. 1. This means the council has roughly until the end of this month to set an occupational tax rate that would be effective Jan. 1.

Councilman Francis Lydian told the council that he felt the discussion regarding the occupational tax had changed from funding the fire department to streets and sidewalk repairs. He asked for the removal of the discussion of the occupational tax from the meeting agenda.

“The fire department has been funded, we have a balanced budget,” he said. “And all of a sudden, we’re changing channels just as an excuse for raising taxes.”

Lydian’s motion to remove the items from the agenda failed in a 4-2 vote.

The council isn’t required to vote on first readings of ordinances, but Royalty asked for their vote on the ordinance to remove the cap. It passed in a 5-1 vote, with Lydian casting the sole “no” vote.

ZONING REQUESTS.  The council gave unanimous final approval of an amended zoning request that removed the initial restriction on the hours of operation of the outdoor seating area of the 3rd Street Tap house, 112 North Third St.

The planning commission’s recommendation on the initial zoning change request initially limited the outdoor seating area’s hours of operation to 11 a.m. to 11 p.m. Monday through Thursday, and 11 a.m. to 1 a.m. on Friday and Saturday.

However the city’s alcohol control ordinances allow owner Troy Dennison to operate his business between the hours of 8 a.m. and 1 a.m. Monday through Saturday.

The restrictions were added by the planning commission when a neighboring property owner expressed concerns of how noise from the outdoor areas may impact his tenants who live nearby.

The council gave initial approval of a request from Tim Hutchins, owner of H & H Enterprises, to rezone 3.445 acres from R-3 Multi-family residential to R-1T, single family residential, and rezone 1.099 acres from B-3 regional retail business to R-1T townhouse residential.

The council also gave initial approval of a request from Robert E. Cecil, operating as C and J Rentals LLC, to designate .706 acres on Flamingo road as B-3 PUD for use serving alcohol by the drink and a dance/pool hall.

The council will consider final approval on both zoning changes as early as its next meeting  on Sept. 23, 2015.

In other action the council:

— approved a series of zoning regulation amendments;

— approved a proclamation making Sept. 16 John Russell Grundy Day in honor of his 50 years as a deacon at Bardstown’s First Baptist Church.

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