Board of Commissioners Meetings

A Regular August 27, 2013 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 13, 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 Mr. Frank Lucician, Executive Director, Habitat for Humanity, 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 Robert N. Pruitt Commissioner Tom Davis Commissioner Robert M. (Robby) Mills Commissioner Jan Hite _______________________ 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 Mr. Robert Gunter, Finance Director Mr. Danny Froehlich, Fire Chief Mr. John Reed, Police Chief Mr. Frank Cates, Police Major Mr. Leason Neel, HWU Chief Financial Officer Mr. Brad Schneider, President, Henderson-Henderson County Chamber of Commerce Mrs. Beth Strawn, Downtown Henderson Partnership, Executive Director Mr. Doug Bell, Chairman, Northwest Kentucky Forward Board of Directors Ms. Linda Nichols, Crossing Guard Mr. Justin Jones Ms. Michelle Neighbors, Delizio’s Restaurant Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner ____________________________ PRESENTATION: 25-YEAR SERVICE AWARD MAYOR AUSTIN introduced Linda Nichols, Crossing Guard. She started working for the City on August 22, 1988, as a school crossing guard. Currently, she helps safeguard our little ones at the Holy Name School street crossing on Second Street. You may also recognize her from the front lobby assuming her security duties during meetings during meetings and other after business hours functions. We are happy to have Linda with us tonight to thank her for her dedication and loyalty to the City with the presentation of the 25-year service award pin. PRESENTATION: PROPOSED MERGER OF NWKF AND CHAMBER MR. DOUG BELL, Chairman, Northwest Kentucky Forward Board of Directors, explained that he felt it was important to explain the process we are going through with the Unification Council looking at Henderson County Chamber of Commerce merging with Northwest Kentucky Forward. He noted that under the Councils it is divided among Business Support, Economic Development and Large Investors.  A Regular August 27, 2013 A combined entity combines the economic and community development efforts of the former Henderson-Henderson County Chamber of Commerce and Northwest Kentucky forward. The vision is to be recognized as Kentucky’s most successfully economic development and business support organization. The mission would be to provide information, services, advocacy, and new business recruiting expertise for our stakeholders and region. The values we would operate under would be with absolute integrity. We will serve and actively seek out opinions and perspectives from all four counties and provide tangible value and measurable results for our stakeholders. Commissioner Hite asked Mr. Bell how this plan was received by the other three counties. Mr. Bell answered “very well.” Commissioner Pruitt stated that he believed that elected officials were elected to keep people safe and be good stewards of their money. He feels that “taxpayer dollars getting mixed in with any organization that has a political agenda either way. He feels that it may not be a good idea. Mr. Bell explained that the two counsels have totally different charges as well as these funds coming in would be restricted and would pay an outside audit every year to give us an opinion on how we are doing and would be glad to share that information with any interested party. Commissioner Pruitt asked “what could you guys do now, if you merged, that you can’t do separate. Mr. Bell said that by coming together you create greater advocacy. There is a greater voice in numbers. ________________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked Carolyn Williams, City Clerk, to read the following items included on the Consent Agenda: Minutes: August 13, 2013, Regular Meeting August 20, 2013, Called Work Session Resolution: Resolution No. 81-13 RESOLUTION NO. 81-13 RESOLUTION AUTHORIZING PARTICIPATION IN KENTUCKY PRIDE LITTER ABATEMENT GRAN T PROGRAM Motion by Commissioner Pruitt, seconded by Commissioner Hite, to adopt a resolution authorizing participation in the 2014 Litter Abatement grant program. 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 August 27, 2013 ATTEST: Carolyn Williams, City Clerk  A Regular August 27, 2013 ORDINANCE NO. 27-13: SECOND READING - ORDINANCE RELATING TO SIDEWALK DINING ORDINANCE ESTABLISHING SECTION 20-9, ENCROACHMENT FOR OUTDOOR DINING ON PUBLIC SIDEWALKS, Of ARTICLE I, IN GENERAL OF CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON PERTAINING TO CERTAIN PERMITTED RESTAURANT ESTABLISHMENTS WITHIN THE RIVERFRONT ZONE 2 AND/OR THE CENTRAL BUSINESS DISTRICT On second reading of the Ordinance, it was moved by Commissioner Hite, seconded by Commissioner Pruitt, that the Ordinance be adopted. 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 Ordinance adopted, affixed his signature and the date thereto and ordered that it the same be recorded /s/ Steve Austin Steve Austin, Mayor August 27, 2013 ATTEST: Carolyn Williams, City Clerk _______________________________ ORDINANCE NO. 28-13: FIRST READING ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY, PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT On first reading of the Ordinance, it was moved by Commissioner Davis, seconded by Commissioner Hite, that the Ordinance be adopted to use the compensating rate for property tax evaluation in the coming year. Mayor Austin reminded the Board that a discussion took place during the preparation of the 2014 Budget, the Board of Commissioners resolved to use the compensating rate for the property tax evaluation in the coming year. The compensating rate depends on the new developments and new building along with changes in assessments for revenue during the year. Commissioner Pruitt asked Mr. Robert Gunter, Finance Gunter, how much we would save by taking the compensating rate. Commissioner Davis replied $243,814.  A Regular August 27, 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 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 NO. 82-13: RESOLUTION AWARDING BID FOR PURCHASE OF FIVE (5) POLICE VEHICLES TO BOB HOOK CHEVROLET, LOUISVILLE, KENTUCKY, IN THE TOTAL AMOUNT OF $91,280.00 MOTION by Commissioner Pruitt, seconded by Commissioner Davis, to adopt the resolution authorizing the purchase of five 2014 full sized four-door sedan vehicles from Bob Hook Chevrolet, Louisville, Kentucky. 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 August 27, 2013 ATTEST: Carolyn Williams, City Clerk ______________________________ COMMISSIONER DAVIS presented a comparison between passing an ordinance tonight allowing sidewalk dining for restaurants in Henderson and people who want to use our parks. “ FACT: They have had approval from the City to use property. We have just now told people who want to use our parks that they couldn’t. They would have to have the same permit. Alcohol sales are approved by the state, the local people on the sidewalks have to add it to their existing license but people wanting to have a special project would have to apply to the state for theirs, a special permit to do that and then come back to our ABC agent just like they will with the sidewalk sales. Liability insurance: current people with restaurants just add it to their existing current policies. We were suggesting $2 million in coverage by people who wanted special events - same conditions. Security – we were going to suggest that people in the parks that they would have to have a fenced in secured area with a security guard at the gate taking ID’s. We have just opened our sidewalks up to people who have no barriers, no checking of ID’s, to anybody and it is open season regardless of age. The same with service. Open seating, anyone, no age restrictions can sit on our sidewalk where alcohol is going to be served, yet be 21 and older on what we proposed for the parks. “This is what really blows my mind about this whole discussion – the restaurants are going to expose our citizens to 184 days of alcohol sales on our sidewalks. If they happen to have a Sunday service license, they’re going to have the opportunity to serve alcohol on the sidewalks 214 days from  A Regular August 27, 2013 7 a.m. to 10 p.m. at night, then on weekends, 7 a.m. to 11 p.m. at night, profiting private business. In the parks, we were going to set it up so it would be approved by the City Manager upon the application being processed for him for each event and right now, everybody was in agreement that it was only possible, maybe three or four events a year and just be three to four hours in our parks in the evening or afternoon benefiting local charities and non-profits. 184 days or three or four afternoons? We did an injustice by what we did by not letting our people have their special projects in Audubon Mill Park and Red Banks Park. This is a travesty. I’m for both of them but what we did by turning our backs on our charities and everybody who wanted to do special events when we are doing this stuff on our sidewalks, it is a travesty!” COMMISSIONER PRUITT said that “you can’t let him put on a demonstration like that and say it is a travesty. Here is the travesty. Profiting private businesses in that whole diagram he has up there, that’s the most important three words. Profiting private businesses, the one’s that already have alcohol that they sell now. We only approved dining, some of those will be just eating food out there on the sidewalk. Some will have liquor to sell. That’s their own prerogative what they do, if they got a liquor license, they have to go to the state and get it done. Our parks, our riverfront, I think are the best in the country. Me, I don’t drink but I do not want to see alcohol become a fixture in our parks and most people know how I read. Why just let one park do it, if you’re going to let one park do it, you should let all parks do it. I’m not for just picking out just picking out this park and say you can only let this park have alcohol. What about Central Park, what about Anthony Brooks Park? You going to exclude them people. If we go along and we vote to have it in the parks, then we put it in all of our parks. We don’t just say, this little section and we are going to carve out this little section in the park and let them do this but you guys in that section, you can’t do that. If we’re doing to do it and he wants to do it; then we do it for everybody, don’t go picking little sections. For me, I think Henderson has the best parks, we have the best riverfront and alcohol, we can get it everywhere. You can just walk 10 feet and get it. There’s many places you can have private events to raise a fundraiser and there is all kind of lots and places, you don’t have to have a alcohol fundraisers in our parks. Mothers and grandmothers and kids, I don’t think they should be subjected to that kind of person that they may run into who has a little too much. That’s why I think we have the best riverfront and the best parks and that’s why I voted no.” MRS. DAWN KELSEY, CITY ATTORNEY, stated that Police Chief Reed, Police Major David Piller, and I attended the ABC training and we will be coming back to you with the revised ordinances and we are working hard on, in fact, David and I met today to start the process to come into compliance with SB-13. It is complicated but we are working hard and I think we will get it done.” Mayor Austin asked if it were the same for all classes of cities? Dawn replied that third and fourth class cities are given the right to charge different fees than second and first class and consolidated cities. MEETING ADJOURN: MOTION by Commissioner Hite, seconded by Commissioner Davis, to adjourn the meeting. 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:  A Regular August 27, 2013 WHEREUPON Mayor Austin adjourned the meeting at approximately 6:06 p.m. ___________________________ Steve Austin, Mayor September 10, 2013 __________________________________ Carolyn Williams, City Clerk