Board of Commissioners Meetings

A Regular July 09, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 09, 2013, 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 Dr. James Wofford, First United Methodist Church, and then Mayor Austin led the assemblage in the recitation of the Pledge of Allegiance to our American Flag. ________________________ There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills _______________________ ALSO IN ATTENDANCE INCLUDED: Mr. Russell R. Sights, City Manager Mr. Buzzy Newman, Assistant City Manager Mrs. Dawn Kelsey, City Attorney Mrs. Carolyn Williams, City Clerk Mrs. Connie Galloway, Human Resources Director Mr. John Reed, Police Chief Mr. Robert Gunter, Finance Director Mr. Owen Reeves, Gas System Director Mr. Frank Cates, Police Major Mr. Jerry Summers, Police Reserve Officer Mr. Brad Schneider, President, Henderson-Henderson County Chamber of Commerce * Citizens speaking for or against changing the Alcoholic Beverage Regulations TV station representatives Mr. Frank Boyett, The Gleaner ____________________________ RESOLUTION NO. 74-13 RESOLUTION ACCEPTING PROPOSAL OF INDEPENDENCE BANK, HENDERSON, KENTUCKY, FOR BANKING SERVICES FOR CITY Motion by Commissioner Pruitt, seconded by Commissioner Mills, to adopt a resolution authorizing the acceptance of the proposal of Independence Bank, Henderson, for banking services. Mr. Robert Gunter, Finance Director, explained that proposals were taken regarding the City’s banking services with the hope of getting all of it free, including the deposits, the processing of checks, no fees or services and also asked that they pay us interest on our deposits. We have had this banking service with Independence Bank for the past eight years and have been very happy with the service and we would like to continue that with the Board’s approval.  A Regular July 09, 2013 The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 9, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ PRESENTATION: PROPOSED ORDINANCE CHANGES RELATING TO ALCOHOLIC BEVERAGE REGULATIONS – BRAD SCHNEIDER, HENDERSON-HENDERSON COUNTY CHAMBER OF COMMERCE MR. SCHNEIDER explained that he was here to ask the Board of Commissioners to eliminate five city ordinances related to alcohol. These are part of our Code of Ordinances: Section 4-7, Section 4-8, Section 4-11, Section 4-39, and Section 17-2. The first four ordinances pertain to how alcohol can be advertised in Henderson and whether dancing is allowable in the same room at a commercial establishment where alcohol is sold. These are no longer enforced and have not been for some time. Section 17-2 prohibits the possession of alcohol in the city’s public recreational spaces. In 1986, the Kentucky General Assembly repealed that law and amended it to allow the sale, possession and consumption of alcohol on public property if the seller had a temporary liquor license or caterer’s license and was selling alcohol in conjunction with a public event. Several communities have taken advantage of that change to create or enhance dozens of events and festivals. Henderson has not. We absolutely support the city’s right to hold festival organizers accountable for following state law, including control over and access to any areas they wish to designate for alcohol sales. We support requiring festival organizers who desire alcohol sales to provide liability insurance that protects the city, arrange for security if necessary and pay application fees for use of public spaces. The Chamber Board believes such precautions and guidelines would allow the city to make this progressive, economy-boosting change while still satisfying public safety concerns, just as dozens of communities in the region did many years ago. The Henderson County Tourist Commission and Downtown Henderson Partnership as well as Mr. Brent Bridges support the Henderson-Henderson County Chamber of Commerce’s proposal being presented tonight.  A Regular July 09, 2013 City Clerk read City Attorney’s information into the record:  A Regular July 09, 2013 Commissioner Pruitt asked if the laws were changed and the W. C. Handy Festival did not want to have alcohol available. Mr. Schneider replied that the organizers of the festival have to apply for the liquor license to enable them to do that so if they don’t apply they don’t have to have it. Commissioner Hite asked if the W. C. Handy Festival did not want to sell alcohol in Audubon Mill Park but a different vendor applied for a special permit to sell in Central Park. Mr. Schneider explained that according to state law you have to be associated with a civic event or public festival. Merely because an event is going on in one place doesn’t mean just anybody can go into an adjacent park even if they had a liquor license. If they are not closely associated with a festival or event that has been approved by the City, they can’t have alcohol sales just because there is a festival going on without the City’s permission.  A Regular July 09, 2013 * Listed are the citizens speaking in favor of the changes in the Alcoholic Beverage Regulations: Brad Schneider, Curt Hamilton, Kiran Patel, and A. J. Casey. Citizens against changes: Bill Patterson, Peggy W. Nantz, Mark Galloway, Todd Linn, Brent Bridges, Bill Sullivan, Jr., Nathan A. Whisnant, Kim Jackson, Sara Duckworth, John Totton, Marshall Totton, Mark Galloway, Charles Johnson, Nick Butler, Jim Wilkerson, and Barry Davis for Lori Barnes. ______________________________ Mayor Austin reminded the group that there would not be any vote this evening because this is merely a hearing. He asked the Board of Commissioners if they had any item that they would like the City Attorney to take a look at and prepare for a future meeting. Those items may be only for discussion. Commissioner Pruitt asked “what about the advertisement being three or seven inches on that and the one that was in 1955 about playing music in the same room, like the dancing. Mayor Austin recounted; let’s be clear what you would like, “you would like for possible ordinances to be prepared that may change or repeal those particular items?” Commissioner Hite asked the City Attorney asked “referring to something that Pastor Galloway said, would we be able to give one vendor a permit and deny another vendor?” She does not want her children exposed to drinking but there are some cultural events that are possible, maybe a wine and cheese festival downtown where the person provides their own security. I don’t want the taxpayer’s dollars to pay for any police security for the area and it would be cordoned off and in a confined area. That would be something that I might entertain. But as far as having it at any festivals now, I want to know if we can say no to them because I would not support it.” Commissioner Davis asked that Dawn check the ordinances that are not enforced and maybe eliminate the first four. Probably no one remembers why they were put on the books. By keeping them, they need to be enforced and with that we are going to be putting some people out of business that have thought they were doing business legitimately for quite some time. Mayor Austin suggested that we have the City Attorney write up a trial or possible ordinance to eliminate those four in some soon or future meeting. Commissioner Davis asked that the City Attorney also consult state law. Mayor stated that we would have each one of those presented for discussion at a soon but future meeting. Mayor Austin listed, for discussion only, to look at Section 17-2 for a single amendment for a single date for a trial basis to allow the Audubon Wine Festival on the date that they select, maybe September 21st, on a trial application and trial basis by permit only, restricted access, adults only, supervision and security, all ABC rules and regulations conformed to, a primary contact be available to the city at all times, have a clean-up plan, insurance plan and indemnification plan. We could have that for discussion when we look at the other four. Commissioner Pruitt asked if we have a Work Session, you want that to be included? Mayor Austin agreed that it would be to amend it for one time only, September 21, 2013, as a trial event in Audubon Mill Park with all of those stipulations met. Mayor Austin continued that the applicant may not want to do it with all those stipulations in there.  A Regular July 09, 2013 Mayor Austin declared a five minute break. ________________________ Mr. Buzzy Newman, Assistant City Manager, relayed that the ad hoc committee that was appointed by this Board met this morning to receive an update as to the status of communication with the developer that made the proposal for the marina. In his original proposal, his desire was to use the area below the existing power plant at 4th and Water Street. After talking with the developer, it was decided that the property is currently occupied by Henderson Power and Light and at this point in time was not able to offer that property for his use for a marina. While meeting with Mr. Branson, we offered an alternative site to him and asked him to consider that site. That area would be on the down river side of the Second Street boat ramp, directly below Audubon Mill Park. Mr. Branson agreed to consider that. Two things that came out of that meeting were parking for his marina customers or clients and he wanted that near the marina. The other question raised was, in the event of high water, where could his customers be allowed to park since parking at our riverfront boat ramps are restricted to vehicles with trailers only. Mr. Newman agreed to get back with Mr. Branson on those two issues after evaluation. Commissioner Mills asked if parking spaces used in the summer at the riverfront would likely ever be available for other than boats and trailers. Mr. Newman agreed that both Saturday and Sunday, both boat ramps are fully occupied by vehicles and trailers. He would not suggest that be changed. Mayor Austin added that, for the record, the City thinks that the marina down there would be a good idea if it can be permitted and this could be worked out and thought it would be beneficial to our community and are supportive of it. There are a few hurdles that would have to be worked through on the permitting side particularly but we are very supportive of that project. Mr. Newman asked if the ad hoc committees’ responsibility would be to look at the outstanding two questions on the parking and that as part of our recommendation, it will come back to the full Board of Commissioners. Commissioner Pruitt asked if the city would ever have any liability since the city is not the one putting in the marina? Mr. Newman would refer to counsel on that but city owned property would have to be leased to the developer in order to have this function. Mrs. Kelsey, City Attorney, replied that any lease with the city would provide an indemnity clause as well as insurance requirements in place to try to limit the liability. Commissioner Mills asked if the property on Second Street was discussed. Mr. Newman said that the developer agreed to speak to each property separately. _____________________________ Mr. Newman stated that last week the city was notified by the Department of Transportation that we have been given another $399,000 in additional riverfront money. That money came from the original $10 million earmark. We will have to amend our work plan to include those funds, which he will do this week, and get it resubmitted to the state. It is important in spending the remaining balance of the riverfront money in that we have an updated environmental document that looks at all of the projects that we have proposed for our riverfront. That original document has now expired and because we still have outstanding money an updated environmental document is required. __________________________ RESOLUTION NO. 75-13 RESOLUTION SELECTING ARCHITECTURAL FIRM FOR THE RIVERFRONT IMPROVEMENT PROJECT PHASE III AND AUTHORIZING NEGOTIATION OF CONTRACT Motion by Commissioner Mills, seconded by Commissioner Pruitt, to adopt the resolution authorizing to negotiate additional fees not to exceed $60,000 for an update to the environmental document with Stantec Consulting Services, Inc. for the Riverfront Improvement Project Phase III and hereby authorizes the entering into a Task Order for the update to the environmental document.  A Regular July 09, 2013 The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- 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 July 9, 2013 ATTEST: Carolyn Williams, City Clerk __________________________ CITY MANAGER’S REPORT: Mr. Sights read the following letter into the record.  A Regular July 09, 2013 ________________________________ Mr. Sights relayed information that staff is still working on an ordinance amendment that will somehow address allowing kayak parking on the riverfront and we are not there yet. He solicited input from any Commissioner who wanted to make a suggestion. _____________________________ He announced that the July work session will be cancelled next week. ____________________________ COMMISSIONER’S REPORTS: Commissioner Davis declared this a great citizen participation meeting tonight. If you did not get down to the river front today you missed a site that was reminiscent of the tobacco era of Henderson riverfront lined up and what a site. Next week they are  A Regular July 09, 2013 both scheduled to be back on the same day. The Mayor said that Mrs. Smithhart sent him an impressive picture and offered a copy to anyone who wants one. She does tremendous work on that. Commissioner Mills noted that tonight a couple of things mentioned about adult entertainment and to reacquaint everyone of our adult entertainment ordinance, it is probably one of the most restrictive adult entertainment ordinances in the state but a unique part of that is, while the City of Henderson has a great ordinance, the County of Henderson is one of four counties in the whole state of Kentucky that has no adult entertainment ordinance. He has asked county government for the last 12 years he has asked the county government to address this issue and they have not. Commissioner Hite added that she apologized for any flub that she may have made tonight and looked forward to working with the Board to see if there is not a solution that would be suitable for the community and everybody involved. Commissioner Pruitt added that he was excited to see citizens come out and get interested in their government. He hoped that we could keep the good about Henderson and not the bad. For the benefit of the people downtown, if the City can do some certain things picked from different cities and I have mentioned Henderson Alive After Five and he wants one street like Fourth Street Live in Louisville that does allow people to come down and listen to live entertainment and have different activities. ________________________ MEETING ADJOURN: MOTION by Commissioner Davis, seconded by Commissioner Hite, for the meeting to adjourn. The vote was called. On roll call, the vote stood: Commissioner Davis ----------------- Aye: Commissioner Mills ----------------- Aye: Commissioner Hite ----------------- Aye: Commissioner Pruitt ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON: Mayor Austin declared the meeting adjourned at approximately 7:50 p.m. ___________________________ Steve Austin, Mayor July 23, 2013 __________________________________ Carolyn Williams, City Clerk