55 Record of Minutes of A regular Meeting on April 11, 2017 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 11, 2017, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Reverend Larry Butler, Victory Baptist Church, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels ALSO PRESENT: Mr. Russell R. Sights, City Manager Ms. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mr. William L. Newman, Jr. Assistant City Manager Mrs. Donna Stinnett, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Charles Stauffer, Police Chief Mr. Mike Shockley, 9-1-1 Communications Supervisor Mr. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Mr. Brian Williams, Public Works Director Mrs. Connie Galloway, Human Resources Director Mr. Tom Williams, HWU General Manager Mr. Paul Bird, Water & Sewer Commission Chairman Ms. Dawn Wheeler, Experiencing Autism Together and Experiencing Autism Together Members Master Jackson Matthews and Family Ms. Deborah Fillman, Green River District Public Health Director Ms. Cyndee Burton, Matthew 25 Executive Director Ms. Deborah Jackson Hoda, Henderson NAACP President Ms. Kizzy Cansler, Henderson NAACP Vice-President Ms. Angela Hagedorn, Humane Society of Henderson County Executive Director Reverend Larry Butler, Victory Baptist Church Mr. Stuart Hammer, News 25 14 News Camera Crew Ms. Laura Acchiardo, the Gleaner Mr. Mike Richardson, Police Reserve Officer PROCLAMATION: National Autism Awareness Month MAYOR AUSTIN presented the National Autism Awareness Month proclamation to Dawn Wheeler and members of the Experiencing Autism Together organization. MS. WHEELER indicated that the Tumbleweed restaurant is helping with a fund raiser and will donate 15% of the proceeds from all meals on Thursday, April 13th and encouraged everyone to learn more about autism and to consider walking on April 29th in their Walk for Autism.
56 Record of Minutes of A Regular Meeting on April 11, 2017 PROCLAMATION: National Public Safety Telecommunications Week MAYOR AUSTIN presented the National Public Safety Telecommunications Week proclamation to Mike Shockley, 9-1-1 Communications Supervisor and indicated that our emergency safety staff receive thousands and thousands of 9-1-1 calls per year and get the right people to the right place in very stressful situations. MR. SHOCKLEY expressed appreciation for the Board s continued support on behalf of all of the 9-1-1 Communications Officers. PRESENTATION: Needle Exchange Program DEBORAH FILLMAN, Regional Public Health Director, Green River District Health Department, gave a brief informational presentation on the Harm Reduction and Syringe Exchange Program commonly known as the Needle Exchange Program. In 2015 the Kentucky Legislature amended the law allowing a local health department to administer a needle exchange program under certain criteria. The purpose of the program is the prevention of the spread of disease through the safe disposal of needles for injection drug users; to give an opportunity to test for blood borne viral infections; to supply clean needles to lessen the possibility of infection from sharing needles; and to help users find treatment and social services. This type of program is not new and has been proven to be effective in reducing the spread of HIV, Hepatitis C and other diseases spread through the sharing of needles. It also reduces needle stick injuries among police officers and sanitation workers and helps lower the number of contaminated syringes found in the community and in waste management programs. New HIV infections among injection drug users has declined by 80% since the implementation of these types of programs in the 1980s. The Green River District Health Department District Board and the Henderson County Health Department Board has approved such a program. Henderson Fiscal Court and Henderson City Board of Commissioners will be asked to approve the program at a future date once a full assessment has been completed to see where the need is greatest and how best to implement the program. CYNDEE BURTON, Executive Director, Matthew 25, indicated that their organization had 502 patients in the tri-state area between Evansville, Owensboro and Henderson. Thirteen percent of those patients already have Hepatitis C and if just one of them shares a needle and then that person shares a needle, you can see we have the high potential for a big problem here. PRESENTATION: Henderson NAACP DEBORAH JACKSON HODA, President, Henderson National Association for the Advancement of Colored People, explained that she is trying to revitalize the organization on a local level to be all-inclusive to ensure the political, educational, social, and economical equality of rights of all persons and to eliminate race-based discrimination. Meetings are the third Monday of each month and in May, Senator Ridley and Representative Mills are scheduled to speak. KIZZY CANSLER, Henderson NAACP Vice-President, explained that the National Association of Colored People is really for all people because if we had a box of crayons there would be a color for all of us and with all that is transpiring in the world around us we have to come together to make sure that we are exercising our rights and that it is fair for all people. PRESENTATION: Humane Society of Henderson County ANGELA HAGEDORN, Humane Society of Henderson County Executive Director and Animal Control Director, reported that she oversees the animal control contract with the City and the County as well as the Humane Society side of the program. She indicated that the shelter is considered to be a low kill shelter and that the animal control side is in charge of the euthanasia when necessary of injured or vicious animals. The Humane Society side has not euthanized for
57 Record of Minutes of A regular Meeting on April 11, 2017 space in over five years. She went on to indicate that a 2016 study of Kentucky Animal Shelters reported that the shelter was in violation of one or two parts of the Kentucky law. She has investigated the full report and has found that the areas of concern have been addressed or are currently being addressed. She indicated that they are working with Green River Area Development District on a grant application relating to the spay and neutering of feral cats, now known as community cats, and would speak with the City Attorney regarding some concerns and suggested amendments to City ordinances relating to rabbits, chickens, and cats. PRESENTATION: 25-Year Service Award MAYOR AUSTIN expressed appreciation to Police Officer Marty Wilson, for his 25 years of service and dedication to the City. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: March 20, 2017 Called Work Session March 28, 2017, Regular Meeting Motion by Commissioner Pruitt, seconded by Commissioner Bugg, to approve the items on the Consent Agenda as presented. WHEREUPON, Mayor Austin declared the consent agenda items approved. Maree Collins, City Clerk ORDINANCE NO. 07-17: SECOND READ ORDINANCE ADOPTING CHARGES FOR WATER, WASTEWATER AND STORMWATER SERVICES AN ORDINANCE REPEALING AND REPLACING ORDINANCE 03-11, AND ADOPTING NEW WATER, WASTEWATER, AND STORMWATER CHARGES TO BE EFFECTIVE ON JULY 1, 2017, AND IMPLEMENTATION OF AUTOMATIC ANNUAL RATE INCREASE ON JULY 1, 2018 MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. COMMISSIONER PRUITT indicated that he wished that HWU would consider committing to free usage with the next scheduled increase request. TOM WILLIAMS, HWU General Manager, agreed to consider the possibility for when they come back. COMMISSIONER STATON indicated that he had been checking into the drainage and flooding issues in Countryview Subdivision and would like to have the $250,000.00 designated
58 Record of Minutes of A Regular Meeting on April 11, 2017 for that project in this fiscal year s budget permanently assigned to the project so that when the permitting issues are finalized the project can move forward with funding in the budget. Commissioner Pruitt ------ Nay: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 08-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ADMINISTRATIVE DEPARTMENTS AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, DEPARTMENTS AND OFFICES, SECTION 2-65, ADMINISTRATIVE DEPARTMENT ENUMERATED OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted. WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 09-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ADMINISTRATIVE DEPARTMENTS AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 2, POLICE DEPARTMENT, SECTION 2-79, STATUTORY PROVISIONS OF CIVIL SERVICE (POLICE) AND DIVISION 3, FIRE DEPARTMENT SECTION 2-96, STATUTORY PROVISIONS OF CIVIL SERVICE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.
59 Record of Minutes of A regular Meeting on April 11, 2017 WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 10-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING LEGAL PROCESS FEES AN ORDINANCE AMENDING CHAPTER 2, DIVISION 2, SECTION 2-83, FEE FOR SERVING LEGAL PROCESS DOCUMENTS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. COMMISSIONER PRUITT indicated that he was opposed to raising this fee just because another agency raised their fee for the same service. He indicated that he felt that it was unfair to our citizens. Commissioner Pruitt ------ Nay: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 11-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING PERSONNEL AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, PERSONNEL, DIVISION I, GENERALLY, SECTION 2-224 DEFINITIONS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted.
60 Record of Minutes of A Regular Meeting on April 11, 2017 WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 12-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING PURCHASING, SALES AND CONTRACTS AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, PURCHASING, SALES, AND CONTRACTS, SECTION 2-299 SMALL PURCHASE PROCEDURES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. RUSSELL R. SIGHTS expressed his appreciation to the Board for their consideration of this amendment to the procedure for small purchases which gives the finance director, the assistant finance director and the city manager a bit more discretion when obtaining quotes for those purchases under $20,000.00. WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 13-17: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES PERTAINING TO SMOKING AN ORDINANCE AMENDING ORDINANCE 19-06 PERTAINING TO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT SO AS TO ADD DEFINITIONS OF ALTERNATIVE NICOTINE PRODUCT, TOBACCO PRODUCT AND VAPOR PRODUCT AND CLARIFY THEIR TREATMENT IN SAID ORDINANCE MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. DAWN KELSEY, City Attorney, indicated that this ordinance does not have an effective date written into it and will therefore take effect on the date of publication at the end of April and asked if the Board might want to consider adding an effective date in order to allow businesses and staff a chance to prepare for the change. COMMISSIONER STATON asked if this ordinance would affect the upcoming festival.
61 Record of Minutes of A regular Meeting on April 11, 2017 DISCUSSION WAS HELD regarding the various effective date options and how those would affect the upcoming festivals; how designating an effective date would allow staff time to notify businesses and employers of the change; and how best to amend the ordinance to include the June 1 st effective date. MOTION by Commissioner Pruitt, seconded by Commissioner Staton to amend the ordinance to include an effective date of June 1 st, 2017. The vote was called to amend the ordinance. On roll call, the vote stood: MOTION by Commissioner Staton, seconded by Commissioner Pruitt to table the ordinance to be brought back as a new first read with an effective date of June 1 st, 2017. The vote was called to table the ordinance. On roll call, the vote stood: WHEREUPON, Mayor Austin declared the ordinance TABLED on its first reading and ordered that it be brought back as a new first read with an effective date of June 1 st. ORDINANCE NO. 14-17: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING SPECIAL EVENTS AN ORDINANCE AMENDING CHAPTER 17, PARKS AND RECREATION, ARTICLE III, SPECIAL EVENTS, SECTION 17-50, APPLICATION FOR PERMIT SUBSECTION (B)(12) AND SUBSECTION (C)(13) OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. COMMISSIONER STATON reminded everyone that there was a major festival coming up in a couple of weeks and asked if this should be adopted now to afford them the option of determining if they want to designate smoking areas. DISCUSSION WAS HELD regarding the need for an effective date to coincide with the Smoking Ordinance; how best to amend the ordinance to include an effective date; the best effective date; and whether to table or deny the ordinance. Commissioner Pruitt ------ Nay: Commissioner Bugg ------ Nay: Commissioner Vowels --- Nay: Commissioner Staton ----- Nay: Mayor Austin -------------- Nay:
62 Record of Minutes of A Regular Meeting on April 11, 2017 WHEREUPON, Mayor Austin declared the ordinance DENIED on its first reading and ordered that it be brought back as a new first read with an effective date of June 1 st. ORDINANCE NO. 15-17: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ALCOHOLIC BEVERAGES AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I, IN GENERAL, SECTION 4-13 AND ARTICLE II, LICENSES, SECTION 4-35 AND REPEALING SECTION 4-38 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. DAWN KELSEY, City Attorney, indicated that these were the changes reflecting the discussion of the Code of Ordinance review at a previous meeting. WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. RESOLUTION 20-17: RESOLUTION AUTHORIZING DEED OF EASEMENT BETWEEN THE CITY OF HENDERSON AND COMMUNITY METHODIST HOSPITAL, INC. FOR THE USE AND BENEFIT OF THE HENDERSON WATER UTILITY (HWU), AND AUTHORIZING MAYOR TO EXECUTE DEED OF EASEMENT ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Vowels authorizing a Deed of Easement between the City, on behalf of Henderson Water Utility, and Community Methodist Hospital for a permanent easement for a strip of property located on north Elm Street. WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk
63 Record of Minutes of A regular Meeting on April 11, 2017 RESOLUTION 21-17: RESOLUTION APPROVING PURCHASE BY CITY OF REAL ESTATE FROM MONARCH HOLDINGS, INC. AT 1321 HELM STREET, HENDERSON, KENTUCKY 42420 FOR $2,000 TO BE USED FOR REDEVELOPMENT OF AREA AROUND THE EAST END PARK AND AUTHORIZING EXECUTION OF CONTRACT AND OTHER DOCUMENTS DAWN KELSEY, City Attorney, indicated that the City became a 32% owner of the property when the property did not sell at the Master Commissioner s Sale after Monarch Holdings purchased a Tax Delinquency Certificate and foreclosed on the property. Monarch Holdings has agreed to sell their 22% ownership to the City for $2,000.00 and the County Fiscal Court will consider transferring their 46% ownership to the City at an upcoming meeting. The City already owns the property at 1323 through the recent mass foreclosure action and has sent a deed to Community One to transfer property at 1325 back to the City so that the properties can be redeveloped as a unit. These properties are across the street from the East End Park. There is a house on the lot that is only days away from being condemned and will need to be demolished. MOTION by Commissioner Staton, seconded by Commissioner Bugg authorizing the purchase of property at 1321 Helm Street from Monarch Holdings in the amount of $2,000.00 for redevelopment of the area around the East End Park. WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk MUNICIPAL ORDER NO. 19-17 MUNICIPAL ORDER ADOPTING MASTER PLAN FOR HENDERSON INDUSTRIAL PARK MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to adopt the Master Plan dated April 2017 as submitted by AECOM of Louisville, Kentucky for the Henderson Industrial Park containing approximately 126 acres located between Borax Drive, the Ohio River, Canoe Creek and U.S. 60. WILLIAM L. NEWMAN, JR., Assistant City Manager, reported that with the adoption of this municipal order he will notify the Kentucky Transportation Cabinet that the Henderson Industrial Park Master Plan has been adopted. He also recommended that the remaining $471,353.00 be used to begin Phase IV development to ready the site with utilities and the extension of Borax Drive into the property. DISCUSSION WAS HELD regarding prioritizing spending the remaining funds; looking into possible grant funds to assist with infrastructure into the site; the difference between site ready and shovel ready; and the two options for a supplemental agreement to the KYTC memorandum of understanding regarding how monies will be handled when a property is sold.
64 Record of Minutes of A Regular Meeting on April 11, 2017 WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapters 6 & 7, Articles I-II DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended revisions. Recommended revisions for Chapter 6 Animals include the following sections: Section 6-1 Keeping of livestock regulated.-change Subsection (a) two (2) acres in size to five (5) acres to be consistent with state law and to request that the Planning Commission review Section 201 of the Zoning Regulations for consistency -change Subsection (b) to indicate that we adopt the definitions of state statutes regarding livestock; Section 6-3 Pursuing, injuring, killing of animals and birds. review how other communities handle this issue and return with a recommendation at a future time; Section 6-6 Use of live animals for prizes, awards or gaming prohibited-remove fish from Subsection (g); Section 6-7 Dogs and animals and prohibited from areas of special community events.-change dog used for assisting visually impaired persons to service animals in Subsection (b); Section 6-25 Impoundment.-remove reference to fees payable to the city; Section 6-26 Animal shelter; wardens. change all employees of the County Humane Society are designated as animal wardens to those employees designated as animal control officers; and replace all reference to animal warden with animal control officer throughout the entire section. Recommended revisions for Chapter 7 Buildings and Building Regulations. Articles I and II include the following sections: Section 7-2 Schedule of fees, charges and expenses. increase fees for variances, conditional use permit and request for real or interpretation to $75.00 each; Section 7-16 Adoption of Kentucky Building Code. add and Kentucky Residential Code to title and throughout the entire section; Section 7-19 Permits; fees. remove the table inserted from the state and refer to it and where it can be located, and remove the requirement that the contractor provide occupational license numbers for each subcontractor listed, and change trailer to manufactured home; Section 7-20 Fire limits designated. repeal in its entirety; Section 7-21 CABO One and Two Family Dwelling Code adopted. repeal in its entirety. Article III, Electrical Inspectors. Hold to review after City/County Cooperative Study Team reviews and makes recommendation. Further amendments to Section 7-16 and 7-17 may be necessary after the April work session discussion relating to House Bill 422 and Code Enforcement options. DISCUSSION WAS HELD and approval was given by the Board of Commissioners that staff recommendations be accepted and amendments be made to the ordinances accordingly. MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, authorizing the City Manager to send a request to the Planning Commission to review Section 201 of the Zoning Ordinances to be consistent with state law and other sections of the Code of Ordinances.
65 Record of Minutes of A regular Meeting on April 11, 2017 CITY MANAGER S REPORT: RUSSELL R. SIGHTS, City Manager, reported that the owners of a parcel of land located at 3019 Green River Road have requested a friendly annexation and a property on Morningside Drive had previously executed a Not to Oppose Annexation consent form when sanitary sewer was extended to their property outside of the City limits. Since these properties are in the same general area they are being proposed as a single annexation and both will need to have a zoning designation prior to being annexed. He then requested that the Board authorize submission to the Planning Commission for review and zoning designation. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing the City Manager to send the request to the Planning Commission to assign a zoning designation for each of the two properties. RUSSELL R. SIGHTS, City Manager, reported that the topics of the work session scheduled for next week will be House Bill 422 on the possible Code Enforcement changes and discussion of the soon to be vacant position of the Assistant City Manager. BOARD REAPPOINTMENTS: Utility Commission Jud Royster and Gary Bell Terms to Expire April 25, 2017 MOTION by Commissioner Bugg, seconded by Commissioner Pruitt upon recommendation of Mayor Austin, to reappoint Jud Royster and Gary Bell to the Utility Commission for three-year terms, with said terms ending April 25, 2020.
66 Record of Minutes of A Regular Meeting on April 11, 2017 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adjourn the meeting. WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:45 p.m. ATTEST: April 25, 2017 Maree Collins, City Clerk