Board of Commissioners Meetings
Regular MeetingHenderson, KY · April 11, 2017
Minutes
55
CITY OF HENDERSON – RECORD BOOK
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
CITY OF HENDERSON – RECORD BOOK
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
CITY OF HENDERSON – RECORD BOOK
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the consent agenda items approved.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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
CITY OF HENDERSON – RECORD BOOK
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Nay:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A regular Meeting on April 11, 2017
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Nay:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
60
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Regular Meeting on April 11, 2017
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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
CITY OF HENDERSON – RECORD BOOK
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 1st effective date.
MOTION by Commissioner Pruitt, seconded by Commissioner Staton to amend the
ordinance to include an effective date of June 1st, 2017.
The vote was called to amend the ordinance. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
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 1st, 2017.
The vote was called to table the ordinance. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
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 1st.
________________________
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Nay:
Commissioner Bugg ------ Nay:
Commissioner Vowels --- Nay:
Commissioner Staton ----- Nay:
Mayor Austin -------------- Nay:
62
CITY OF HENDERSON – RECORD BOOK
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 1st.
________________________
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- 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 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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- 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
ATTEST: April 11, 2017
Maree Collins, City Clerk ________________________
63
CITY OF HENDERSON – RECORD BOOK
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- 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
ATTEST: April 11, 2017
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
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Regular Meeting on April 11, 2017
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his
signature and the date thereto, and ordered that the same be recorded.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: April 11, 2017
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
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A regular Meeting on April 11, 2017
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
________________________
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
________________________
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
________________________
66
CITY OF HENDERSON – RECORD BOOK
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.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Mayor Austin -------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 7:45 p.m.
ATTEST: ___________________________
Steve Austin, Mayor
______________________ April 25, 2017
Maree Collins, City Clerk
Get email alerts for Henderson
A daily email when new agendas and minutes are posted.