Board of Commissioners Meetings

A Regular April 24, 2012 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 24, 2012, 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 Willard Knipp, First United Methodist Church, and Mayor Steve Austin lead the assemblage in the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert M. (Robby) Mills Commissioner Alan C. Taylor Commissioner Mike Farmer Commissioner Robert N. Pruitt _________________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. William (Buzzy) Newman, Assistant City Manager Mr. Joe Ternes, City Attorney Mrs. Dawn Kelsey, Staff Attorney Mrs. Carolyn Williams, City Clerk Mr. Robert Gunter, Finance Director Mrs. Kay Mulligan, Revenue Supervisor Mr. Danny Froehlich, Fire Chief Mr. Jerry Long, Assistant Fire Chief Mr. John Reed, Police Chief Mr. David Pillar, Police Major Mrs. Emily Gilliam, Parks & Recreation Director Mr. Mark Simmons, Recreation Program Manager Mrs. Connie Galloway, Human Resources Director Ms. Karla Beckgerd, Human Resources Specialist Mr. Sam Lingerfelt, Safety Training Coordinator Mr. Owen Reeves, Gas System Director Mrs. Maura Heath, Administrative Secretary Mr. Curt Freese, Assistant Henderson/Henderson County Planning Director Mr. & Mrs. Harvey Ershig Mr. Ken Christopher, Parks & Recreation Commission President Ms. Pam Liken, Skate Boarding Mr. Brandon Robinson, Skate Board Park Designer for American Ramp Mr. Tom Davis Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner Media Representatives: WFIE TV _________________________ PROCLAMATION: “ARBOR DAY” MAYOR AUSTIN proclaimed the 27th of April to be “Arbor Day” and urged all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations.  A Regular April 24, 2012 PRESENTATIONS: 25-YEAR SERVICE AWARDS MRS. MAURA HEATH, ADMINISTRATIVE SECRETARY MAYOR AUSTIN expressed his appreciation to Mrs. Maura Heath. Administrative Secretary, Gas Department, for her years of service and dedication to the City. _________________________ APPEARANCE OF CITIZENS: MS. PAM LIKEN spoke in favor of a resolution authorizing the submittal of a grant application for funds to develop a Skate Park in Community Park. ____________________________ PRESENTATIONS: LOCAL GOVERNMENT DEVELOPMENT INCENTIVES COMMITTEE RECOMMENDATIONS MAYOR AUSTIN introduced the committee – Chairwoman Amber Wood, Board of Realtors; Darren Whitesides, Chamber of Commerce; Kevin Sheilley, Northwest Kentucky Forward; Beth Strawn, Downtown Henderson Project; Ben Johnston, Industry; and Jeff Troxel, Business Community. City staff members included Joe Ternes, Dawn Kelsey and Buzzy Newman, and Russell Sights provided the Committee with staff support. The committee worked diligently to establish a program that could be implemented now and expanded upon in the future. This group considered a wide range of incentives to encourage future development in the commercial and industrial community along with more limited neighborhood redevelopment. KEVIN SHEILLEY, NORTHWEST KENTUCKY FORWARD, explained that Phase I of the proposal called for the creation of four OPPORTUNITY ZONES: • The Central Business District (Water to Ingram, 5th to Washington); • The US 41 strip (city limits to the US 60 interchange); • North Green Street (US 41 interchange to 5th Street); • 2nd street Entryway (Parkway interchange to Green). INCENTIVES: Any commercial enterprise (retail, office, service) locating in one of these zones would have the ability to access up to three incentives assuming they met the qualification for each. • Approved/Now permitting – Any commercial enterprise locating or expanding in an Opportunity Zone would be able to participate in ApprovedNow, a fast-track permitting program. • Utility Deposits Waived – Any commercial enterprise locating or expanding in an Opportunity Zone would have their city utility deposits(s) waived if the anticipated monthly bill would be less than $1,000. • Occupational Tax Rebate – A business looking to locate or expand in an Opportunity Zone would contact the city and request an application (DHP, the Chamber, NWKF, or other entities could also provide applications). This simple form would allow the business to explain their project including proposed activity, job creation numbers, and capital investment. A business relocating from elsewhere in the city would need to create additional jobs above what they are reporting for the previous 12 months.  A Regular April 24, 2012 PROMOTION: The City will actively look for opportunities to publicize both the availability of the Opportunity Zones and businesses which are participants in a Zone. This may include but not limited to recognition at Board of Commissioners meetings, proclamations, letters, media events, check presentations, etc. Phase II – To encourage neighborhood redevelopment, the Board would establish one or more Local Tax Increment Financing Districts. These districts would need to meet three requirements: • Must include a portion of an Opportunity Zone • Result in a mixed use development in an area targeted for redevelopment • Result in a minimum of a $2 million capital investment DEVELOPMENT LIAISON: The development permitting process, while necessary can be an incredibly confusing and complex process for someone to the community or a novice developer. Understanding the roles each of the different entities play, when they come into play, and how to coordinate among all the players can be a frustrating experience. It is recommended that the City create a development liaison to assist projects through this process. It is anticipated that this position would need to have considerable time to 1) understand the needs of the project; 2) map out the required path in the development process; and 3) be able to walk the project all the way through the process from beginning application to completion. MR. HARVEY ERSHIG expressed his disappointment that the South Green area was not one of the selected “four Opportunity Zones.” DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. ____________________ APPEARANCE OF CITIZENS: MR. BRANDON ROBINSON, AMERICAN RAMP, explained that he was a skate board park designer and had spoken to the interested group supporting the construction of a skate board park in Community Park. MR. ROBERT JONES stated that his son as well as friends were skaters. He thought that Community Park had the type of layout so that expansion could take place in the future. ________________________ PUBLIC HEARING: OUTSIDE AGENCY FUNDING MAYOR AUSTIN called the Public Hearing to order and asked if any member of the public would like to speak to Outside Agency Funding. No citizen came forward to speak on this issue and Mayor Austin closed the Public Hearing __________________________ MAYOR AUSTIN continued by saying that in the 2010-11 budget or the 2009-10 budget a one-time $10,000 grant was appropriated for the Hugh Edward Sandefur Center. For some reason, they did not receive their check. Mayor Austin asked the Board to consider granting that $10,000 to the Hugh Edward Sandefur Center electronics center. COMMISSIONER FARMER asked if the City had documentation that, in fact, it was in the budget and approved. Mr. Sights stated that the Mayor had discussed this with him and he would check that out and let the Board know of his findings.  A Regular April 24, 2012 COMMISSIONER TAYLOR said that each and every request that the Agency Funding Ad Hoc Committee had merit. Because the projection of revenues would be staying flat; the committee could not see how it would be possible for the City to extend itself for FY 2011-12. MAYOR AUSTIN closed the public hearing. ____________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following item included on the Consent Agenda: Minutes: April 10, 2012, Regular Meeting MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, to approve the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ________________________________ ORDINANCE NO. 12-12: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN SOUTHRIDGE SUBDIVISION, SECTIONS 1 & 2, CONSISTING OF SIDEWALKS On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Pruitt, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Abstain: Mayor Austin ------------------------- Aye: 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. ________________________________ ORDINANCE NO. 13-12: FIRST READING ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF HENDERSON B Y ADOPTING PROVISIONS OF KRS 100.2111 WHICH PROVIDE THAT RECOMMENDATION OF PLANNING COMMISSION REGARDING ZONING MAP AMENDMENT SHALL BECOME FINAL UNLESS WITHIN TWENTY-ONE (21) DAYS THE BOARD OF COMMISSIONERS OR AN AGGRIEVED PARTY NOTIFIES PLANNING COMMISSION THAT THE BOARD OF COMMISSIONERS SHALL MAKE THE FINAL REZONING DECISION On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Taylor, that the Ordinance be adopted.  A Regular April 24, 2012 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Nay: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: 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. ________________________________ ORDINANCE NO. 11-12: FIRST READING (TABLED) ORDINANCE AMENDING SECTION 2-212 OF ARTICLE VI. PERSONNEL; BY ADOPTING REVISED RULES AND REGULATIONS FOR EMPLOYEES OF THE CITY OF HENDERSON MOTION by Commissioner Farmer, seconded by Commissioner Mills, to remove Ordinance No. 11-12 from the table. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: On first reading of the Ordinance, it was moved by Commissioner Farmer, seconded by Commissioner Taylor, that the Ordinance be adopted. MRS. CONNIE GALLOWAY summarized her memorandum regarding the City of Henderson Employee Manual Modification. Memo listed below: A Regular April 24, 2012  A Regular April 24, 2012 DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Nay: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: 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.  A Regular April 24, 2012 RESOLUTION NO. 34-12 RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR PARKS AND RECREATION DEPARTMENT TO THE DEPARTMENT FOR LOCAL GOVERNMENT UNDER THE LAND AND WATER CONSERVATION FUND ACT OF 1965 IN THE AMOUNT OF $74,692 TO DEVELOP A SKATE PARK IN THE CITY’S COMMUNITY PARK MOTION by Commissioner Taylor, seconded by Commissioner Farmer, to adopt the resolution authorizing the submittal of a grant application to the Kentucky Department for Local Government for funding under the Land and Water Conservation Fund (LWCF) in the amount of $74,692 to develop a skate park in Community Park. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded /s/ Steve Austin Steve Austin, Mayor April 24, 2012 ATTEST: Carolyn Williams, City Clerk _________________________ RESOLUTION NO. 35-12 RESOLUTION ACCEPTING PROPOSAL OF PAYMENTUS OF ATLANTA, GEORGIA, FOR CREDIT/DEBIT CARD UTILITY AND OTHER BILL PAYING SERVICES FOR CITY MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, to adopt the resolution accepting the proposal of Paymentus Corporation of Richmond Hill, Ontario, for credit/debit card bill paying and ACH/E-checks services. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded /s/ Steve Austin Steve Austin, Mayor April 24, 2012 ATTEST: Carolyn Williams, City Clerk  A Regular April 24, 2012 RESOLUTION NO. 36-12 RESOLUTION AWARDING BIDS FOR PURCHASE OF POLICE VEHICLE EQUIPMENT FROM THE FOLLOWING: ON-DUTY DEPOT, OWENSBORO, KY; HARPETH MOTORSPORTS, FRANKLIN, TN; GALLS, LEXINGTON, KY; OHIO VALLEY 2-WAY RADIO, OWENSBORO, KY, AND POMEROY IT SOLUTIONS, HEBRON, KY MOTION by Commissioner Taylor, seconded by Commissioner Mills, to adopt the resolution authorizing the award of bids for police vehicle equipment to On-Duty Depot; Harpeth Motorsports; Galls of Lexington; Ohio Valley 2-Way Radio; and Pomeroy IT Solutions. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded /s/ Steve Austin Steve Austin, Mayor April 24, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ RESOLUTION NO. 37-12 RESOLUTION AWARDING BID FOR PURCHASE OF ONE (1) TYPE III AMBULANCE FOR THE AMBULANCE SERVICE FROM MID AMERICA AMBULANCE & COACH SALES OF CAMPBELLSVILLE, KY IN THE AMOUNT OF $108,009.61 MOTION by Commissioner Farmer, seconded by Commissioner Pruitt, to adopt the resolution authorizing award of a bid for the purchase of a Type III ambulance for the Ambulance Service from Mid America Ambulance and Coach Sales of Campbellsville, Kentucky. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAPE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye:  A Regular April 24, 2012 WHEREUPON Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded /s/ Steve Austin Steve Austin, Mayor April 24, 2012 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, REF: RESIDENTIAL TAX INCENTIVES Mr. Buzzy Newman, Assistant City Manager, said that pursuant to the Board’s inquiry regarding tax incentives for residential zones, that he had met with the Codes Department and Community Development staff met to discuss potential incentives for various areas of the city that may benefit the community and improve the quality of life for its citizens. Community Development Specialist, Tammy Willett, and Code Inspector, John Stroud, discussed past projects such as Vine Street, Alves Street and Julia Street that spurred residential redevelopment and property improvements. Ms. Willett contacted Hopkinsville where they have an Inner-City Incentive Plan in place. Mr. Newman suggested that a select group of people go to Hopkinsville to investigate this enterprise program and bring back a presentation. Residential Tax Incentives • Develop an Inner-City Residential Enterprise Zone Program (ICREZ) similar to Hopkinsville, Kentucky. • Establish a Land Bank Authority to acquire and dispose of tax delinquent properties within the zone area. The goal would be to return vacant properties within the zone area to a useful benefit to the community. For example, it could provide single family housing, economic development or recreational space. • Amend the Zoning Regulations within the zone area to accommodate single-family dwelling on sub-standard lot sizes. • Develop a funding mechanism for infrastructure improvements (sidewalks, street improvements and lighting) in the zone area. • Review and amend the Property Maintenance Code of Ordinance that would enable property owners and Code officials to remediate dilapidated and vacant properties. • Create a committee of interested groups and stakeholders to develop and implement the goals and objectives in the zone area. (For example, Housing Authority; Community Development; Codes Officials and interested parties.) • Provide property tax incentives for new single-family home development and major home improvements. • Housing Urban Development (HUD): Coordinate and concentrate CDBG efforts for redevelopment in the zone area.  A Regular April 24, 2012 • Waive building permit and inspection fees for new single-family homes or major home improvements. COMMISSIONER FARMER said that he liked all of the suggestions listed but he felt that the City needs to be “intentional” about implementing this plan. It would be easy for this to go on a shelf somewhere and not follow through. He stated that if we reached out to other stake-holders and there were a number of stake-holders in the community that perhaps are not identified here. We could maximize the effort if we bring everybody to the table and he felt that it was fair for the City to be the leader to do that. COMMISSIONER PRUITT said that he was getting complaints from business owners downtown because of two-hour parking regulations, they had to more their car every two hours and could this Board do anything about it. COMMISSIONER FARMER asked if he could speak to that? “If a business owner is parking on the street in front of his business and blocking me access as a consumer to try to get in that business and spend money, then he is not a very smart business owner.” Business owners and business employees should be parking somewhere other than on the street to leave those spaces available for consumers. COMMISSIONER PRUITT answered by saying “Since you say that he is not very smart, I’m just going to say this – that is one man’s opinion.” ___________________________ MR. SIGHTS continued by explaining that the parking stalls in front of the Municipal Center have been restriped at a different angle to test and see if it would help automobiles parked next to SUV’s, etc. to back out into traffic more safely. He has parked in this area a few times and would like the Board members to test it out and let him know what they think about it. With the new angle, we have lost four parking stalls on that block. Mr. Sights said that staff was moving along with the selection of a Health Plan TPA starting on July 1, 2012. A Work Session is planned on May 8th starting at 3:30 p.m. for discussion on this plan. ____________________________ COMMISSIONER’S REPORT: COMMISSIONER MILLS stated that this is a memorable Commission meeting and feels that we have passed more incentives and economic development incentives and talked about more incentives than we have done in the previous ten years. ___________________________ COMMISSIONER TAYLOR indicated that he wanted to recognize and say thank Public Works and give credit on how good they do their jobs. I went to the Post Office about two hours after the official Tri-Fest closing. Public Works cleaned the area in record time. __________________________ COMMISSIONER FARMER agreed with Commissioner Mills’ comment regarding the number of economic incentives that have been discussed. He said that he also brings greetings from Rotterdam, The Netherlands, where he had the opportunity to attend the opening of the fifth International Architecture Biennale Rotterdam 2012. The University of Kentucky had their representatives there and they had prepared an exciting display that showcased our community in general and the HMP&L Station One Project that the School of Design students had worked on over two or three summers in our community. He reminded the audience that there were over 450 entities that submitted applications to be included in this show and there were 29 of the  A Regular April 24, 2012 450 that were chosen, and of that 29 there were two projects in the USA. One being New York City and the second being Henderson, Kentucky. He continued by saying that we were well represented by a group of Henderson supporters called River City Renaissance and it was his honor and pleasure to represent the Board of Commissioners. MAYOR AUSTIN thanked Commissioner Farmer for representing Henderson and recognized that it is a great honor to be selected out of two cities in the United States. COMMISSIONER PRUITT said that he felt that Buzzy’s work on the incentives will turn out to be a great program. He reemphasized his backing of city employees using the social media. He contended that city employees have lost more from this Board of Commissioners than ever more. MAYOR AUSTIN stated for public record that Commissioner Farmer paid his own way, completely, for that Netherlands trip. It did not cost the City of Henderson a penny. He continued by saying that today, the last lot in the Starlite subdivision was sold. The people who made the decision to purchase the original property were criticized but it worked out to be a pretty good deal. _______________________________ APPOINTMENT: CITY UTILITY COMMISSION GARY BELL - TO FILL JOEL HOPPER’S UNEXPIRED TERM ON APRIL 25, 2014 Motion by Commissioner Farmer, seconded by Commissioner Taylor, and upon recommendation of Mayor Steve Austin, to appoint Gary Bell to fill the unexpired term of Joel Hopper, resigned. Said term to expire April 25, 2014. The vote was called. On roll call, the vote stood: Commissioner Farmer --------------- Aye: Commissioner Pruitt ----------------- Aye: Commissioner Taylor ---------------- Aye: Commissioner Mills ----------------- Aye: Mayor Austin ------------------------- Aye: ______________________________ MEETING ADJOURN: MOTION by Commissioner Farmer, seconded by Commissioner Mills, the meeting adjourned WITHOUT OBJECTION Mayor Austin declared the meeting adjourned at approximately 8:10 p.m. ___________________________ Steve Austin, Mayor ATTEST: May 10, 2012 _________________________ Carolyn Williams, City Clerk