Board of Commissioners Meetings

87 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 23, 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 Matt McCraw, Henderson First 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 Mrs. Donna Stinnett, Public Information Officer Mr. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks & Recreation Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Ms. Leigh Anne Herron, Administrative Secretary Mr. Victor Carson, Network Administrator I Ms. Susan Bryant, Account Technician Ms. Helen Keaton, Occupational Tax Representative, Senior Ms. Betty Smithhart, Office Assistant/Switchboard Ms. Kay Mulligan, Revenue Supervisor Mr. John Stroud, Acting Code Administrator Ms. Theresa Richey, Development Liaison Mr. Mike Shockley, 9-1-1 Communications Supervisor Mr. Tom Williams, HWU General Manager Mr. Jermaine Poynter, Police Major Mr. Todd Bowley, HWU Chief Financial Officer Ms. Kizzy Cansler, Black History Committee Member Ms. Donna Spencer, Depot Community Room Reverend Matt McCraw, Henderson First Baptist Church Ms. Karen Price Mr. Tom Davis Mr. Zack New Mr. Jeremy Saddler Ms. Erin Schmitt, the Gleaner Mr. Mike Richardson, Police Reserve Officer ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Administrative Secretary Leigh Anne Herron, for her 20 years of service and dedication to the City. ________________________ PRESENTATION: Countryview Subdivision – Stormwater Project TOM WILLIAMS, Henderson Water Utility General Manager, presented a brief overview of the Countryview Storm Sewer Project. The Countryview subdivision consists of approximately 300 homes and has been built in stages beginning in the 1950s. For the most part 88 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 there wasn’t much provision for drainage in that area which is very flat and is barely above the flood plain with some even in the flood plain. There are shallow ditches alongside narrow streets with pipe under every driveway that fills up causing standing water with most every rain. In 2014 HWU and the City agreed to fund some projects in that area on a 50/50 basis and money has been set aside in each of the subsequent budgets. The project has been broken down into six phases costing an estimated $200,000.00 to $250,000.00 each to make it more affordable. There are some other issues and other neighborhoods, especially the Turnagain Drive area, where there are also drainage problems that will be addressed in a separate project. The Canoe Creek Flood Mitigation Board currently has a project to dig out the old Canoe Creek bed that has silted in so that it will drain better and to serve as an overflow for Elam Ditch, Sellars Ditch and the main fork of Canoe Creek. So far approximately $50,000.00 has been spent on engineering which includes a planning tool that can be used on future projects designed inside our GIS system. The plan is to begin work later this year on the parts of the first phase that do not require Permits or additional easements and try to obtain the necessary Permits to continue the project. Henderson Water Utility retained an easement on the former Hoge Farm property when it was sold by the City; however, there is also a high pressure gas line there. Obtaining permits from gas companies and railroads is on their schedule and can be a long process. These projects will not solve all the flooding issues, but will hopefully take care of the nuisance flooding that occurs with every rain. COMMISSIONER STATON thanked Mr. Williams for presenting this update and indicated that he is excited to see it get started. ________________________ PUBLIC HEARING: Municipal Aid Funds And Local Government Economic Assistance (LGEA) Funds For Fiscal Year Commencing July 1, 2017 MAYOR AUSTIN declared the Public Hearing on Municipal Aid funding and Local Government Economic Assistance funding opened and asked the City Manager to introduce the subject matter. Mr. Russell R. Sights, City Manager, explained that the purpose of the public hearing was to determine the expenditure of Municipal Aid and Local Government Economic Assistance funds anticipated to be in the amounts of $551,120.00 and $17,000.00 for use for street and road improvements. Included in the budget is a list of the proposed streets and roads to be paved utilizing these funds based upon recommendation of the Pavement Management software program that determines PCI ratings of each street within our roadway system. The lower the PCI rating the more deteriorated the condition of the roadway. Mayor Austin then asked if any member of the public or the Board had questions or would like to speak on the proposed use of these funds. Commissioner Staton indicated that he had been approached about a small section of a street that was in need of repair. Mr. Sights requested the information so that staff could investigate. There being no further discussion Mayor Austin declared the Public Hearing closed at approximately 5:47 p.m. __________________________ APPEARANCE OF CITIZENS: KIZZY CANSLER, Black History Committee and the 9-11 Center, indicated that she had discussed the Community Development Block Grant Action Plan with City staff and had concerns on spending those funds on policing in the East End neighborhood. She felt that wasn’t sufficient and she preferred to utilize funds to support creation of programs that teach life skills and how to make good choices; the dangers of drugs; trade skills; a prison ministry, a rehab center and more housing opportunities. All of the programs mentioned are being developed by the various organizations that she is affiliated with to better the community. DISCUSSION WAS HELD on the cost and feasibility of building a 100 unit apartment complex for low income people that are struggling to make ends meet.  89 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 MAYOR AUSTIN suggested it would be helpful to have budget information as well as any other funding source information on the programs she described so that staff could review them to see if they would meet the restrictions that the city must follow to utilize those federal funds. He also suggested that she might want to contact the Audubon Kids Zone to see if there might be opportunity to integrate some of these programs. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: April 25, 2017, Called Work Session April 25, 2017, Regular Meeting May 4, 2017 Called Meeting Resolutions: Resolution 23-17: Resolution Authorizing the Submittal and Acceptance of Grant to Kentucky 911 Service Board in the Amount of $165,000.00 to Purchase Host/Remote Equipment for the Primary 911 Communication Center Motion by Commissioner Pruitt, seconded by Commissioner Vowels, 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: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 16-17: SECOND 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 VAPOR PRODUCT, RETAIL VAPOR STORE, AND CLARIFY THEIR TREATMENT IN SAID ORDINANCE, AND ADDING SMOKING PROHIBITION WITHIN 15 FEET OF PLAYGROUNDS AND WATER FEATURES IN CITY PARKS AND TO ADD NON- SMOKING OR SMOKING DESIGNATED AREAS TO PERMITTED SPECIAL EVENTS, TO BECOME EFFECTIVE AT MIDNIGHT ON JUNE 1, 2017 MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: 90 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 Commissioner Staton ----- Nay: 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: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 17-17: SECOND 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 EFFECTIVE JUNE 1, 2017 MOTION by Commissioner Staton, seconded by Commissioner Bugg, 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: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 18-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, IN GENERAL, SECTION 7-2, SCHEDULE OF FEES, CHARGES AND EXPENSES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, 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.  91 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 /s/ Steve Austin Steve Austin, Mayor ATTEST: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 19-17: SECOND READ ORDINANCE RELATING TO BUSINESS AND OCCUPATION LICENSES FEES AN ORDINANCE AMENDING SECTION 21-33 OCCUPATIONAL LICENSE TAX PAYMENT REQUIRED OF ARTICLE III, BUSINESS AND OCCUPATIONAL LICENSE FEES, BY CHANGING THE RATE OF OCCUPATIONAL LICENSE TAX FOR COMPENSATION PAID OR PAYABLE FOR WORK DONE OR SERVICES PERFORMED OR RENDERED IN THE CITY BY AN EMPLOYEE FROM ONE TO ONE AND TWENTY NINE HUNDREDTHS PERCENT (1.29%) AND AMENDING SECTION 21-48 BEGINNING DATE OF THIS ORDINANCE TO JULY 1, 2017 MOTION by Commissioner Vowels, seconded by Commissioner Bugg, that the ordinance be adopted. ZACK NEW spoke in opposition of raising the payroll tax and indicated that he knows of several people struggling, barley able to make it now and that as a young man it is very frustrating that taxes would be raised without first looking at cutting expenses. JEREMY SADDLER echoed Mr. New’s sentiments and indicated that he doesn’t think that the answer to the problem is to shift money around by raising the payroll tax and lowering property tax to spark home sales. He doesn’t think that real estate sales are down that much here in this county and believes that it is a conflict of interest for the person that presented the proposal. DISCUSSION WAS HELD on whether or not the gentlemen worked in the City and would be affected by the payroll tax; that even though they did not work in the City there are many others in similar circumstances that do live and work in the City; whether or not the gentlemen live and own homes in the City and would receive a decrease in real estate taxes; the differences between the City and County payroll tax and when they were implemented; that either the City or the County net profits/payroll tax is owed, not both; the reason that this ordinance was to be voted down; and that a revised ordinance with the clarifications appears later on this agenda. 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: WHEREUPON, Mayor Austin declared the ordinance DENIED on its second reading. An amended ordinance relating to this topic can be found under the First Reading section of this meeting agenda. ________________________ ORDINANCE NO. 20-17: SECOND READ 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, 2017, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT 92 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. TOM DAVIS spoke in opposition of decreasing the property tax indicating that because of the multiplier effect these dollars can never be recovered, even if the compensating rate were to be taken in future years because even though the tax rate is different each year, the dollar amount of tax revenue remains the same each year to keep the operating budget at a near or equal level. He stated that the United States of America is not recession proof and therefore the one thing that is very volatile is the payroll tax and you have no control over it at all. Property tax revenues are much more stable. DISCUSSION WAS HELD on relying on reserve funds; an example of unexpected expenses in the self-insured health plan using a large amount of reserve funds in one year; the limited revenue streams available to the city for funding operations; the vast difference in the property tax rates in neighboring communities; that singling out just one of those taxes is not the whole picture and the whole tax package rate should be compared to be more fair. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to table the ordinance to be brought back after second reading of the ordinance amending Occupational License Fees. 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 second reading and ordered that it be brought back after second reading of the amended Occupational License Fee ordinance. ________________________ ORDINANCE NO. 21-17: SECOND READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY ELIMINATING THE ASSISTANT CITY MANAGER POSITION, THE CIVIL SERVICE PUBLIC WORKS ENGINEER POSITION; AND BY ADDING A PROJECT MANAGER POSITION; AND BY ELIMINATING THE HENDERSON WATER UTILITY DIRECTOR OF ENGINEER POSITION, AND ADDING THE NON-CIVIL SERVICE POSITION OF DIRECTOR OF FIELD OPERATIONS MOTION by Commissioner Staton, seconded by Commissioner Bugg, 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  93 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 ATTEST: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 22-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ASSISTANT CITY MANAGER POSITION AN ORDINANCE REPEALING SECTION 2-49 OF ARTICLE III, CITY MANAGER, OF CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Staton, 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: May 23, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 23-17: FIRST READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. TOM WILLIAMS, Henderson Water Utility General Manager, reported that revenue is down significantly because of the decline in residential and commercial usage. Industrial usage is up slightly but the overall usage is not growing at the rate that was predicted when the 5.85% rate increases were implemented in 2010. Budget expenses are up 3.74% largely due to supplies, utilities, repairs, chemical and inventory increases. Salaries and benefits had a much smaller increase as no new positions were added through consolidation of supervisory positions so that a Distribution System Operator could be added. This budget breaks out some items into smaller categories for better tracking purposes. It also includes $2,500,000.00 in new capital spending which is not keeping up with the needs of the strategic plan. The bottom line is that there is a decrease in reserves for the year due to the combination of increased expenses and reduced water usage erasing any benefit that would have been gained from the recently passed $5.00 stormwater fixed charge. Cost increases are outstripping revenue gains and the present course is not sustainable. MAYOR AUSTIN congratulated the water utility for the recent Gleaner article showing the quality of water in Henderson as one of the best in the state of Kentucky. He stated that not only do we have one of the best water rates in the state we have some of the cleanest water in the state coming out of our faucets. 94 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 DISCUSSION WAS HELD on the expense to not only provide clean drinking water to our community but also the $750,000.00 expense of disposal of the sludge remaining from treatment to return clean water to the river. 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. ________________________ ORDINANCE NO. 24-17: FIRST READ BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, thanked the Board of Commissioners for their consideration and review of this $77,335,000.00 budget which provides the framework for operation of the city into the next fiscal year. 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. ________________________ DAWN KELSEY, City Attorney, reported that this ordinance creates a Code Enforcement Board which replaces the Board of Housing Appeals as discussed at the April work session. She indicated that one thing that was not previously discussed was that she would not be the attorney for this board as she would be representing the City and the Code department against this Board. Attorney fees for the Code Enforcement Board will come out of the professional service line item in the Legal division’s budget so there shouldn’t be any additional expense. ORDINANCE NO. 25-17: FIRST READ ORDINANCE ESTABLISHING A CODE ENFORCEMENT BOARD AN ORDINANCE UTILIZING THE AUTHORITY GRANTED IN KRS 65.8801 TO 65.8839 BY CREATING A CITY OF HENDERSON CODE ENFORCEMENT BOARD EFFECTIVE JULY 1, 2017 MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, that the ordinance be adopted. DISCUSSION WAS HELD regarding decreasing the maximum fine amounts for Second  95 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 Offense and All Other (offense) for Structure Code and Stop Work Order from $750.00 and $1,000.00, respectively to $500.00 and $750.00, respectively; setting fine amounts instead of maximum amounts; and the merits of the Code Enforcement Board having some discretion in levying fines. MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to amend the ordinance by decreasing the fine for Second Offense of the Structure Code and Stop Work Order from $750.00 to $500.00 and to decrease the fine for All Other of the Structure Code and Stop Work Order from $1000.00 to $750.00 . 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: COMMISSIONER VOWELS requested clarification on the definition of violator. DAWN KELSEY, City Attorney, explained that the property owner would be the violator even if it is rental property. In most instances the tenant would be copied on the violation notice so that they would be aware of the issue and there are also provisions for notice of abandoned property to be posted on the property when the owner is unknown. COMMISSIONER STATON asked if the language under the Board appointments might be changed to better clarify the number of members for each initial appointment term. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to amend the ordinance by changing the verbiage in Section 15-43. Appointment of members; term of office; removal from office; oath; compensation. Subsection (b) The initial appointment to the code enforcement board shall be as follows: from. One-third (1/3) of the membership or one-third (1/3) of the membership and one (1) member to Two (2) members of the board shall be appointed for a term of one (1) year and Two (2) members of the board shall be appointed for a term of two (2) years, and One (1) member of the board shall be appointed for a term of three (3) years, respectively. 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: 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 as amended on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ 96 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 ORDINANCE NO. 26-17: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE V, PROPERTY MAINTENANCE CODE, SECTION 7-184 ADOPTION OF BASIC PROPERTY MAINTENANCE CODE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO BECOME EFFECTIVE JULY 1, 2017 MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted. DAWN KELSEY, City Attorney, reported that this ordinance aligns the new Code Enforcement Board ordinance with the International Property Maintenance Code. The one change from the earlier presentation was that the upholstered furniture issue was removed, as directed. 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. ________________________ ORDINANCE NO. 27-17: FIRST READ ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE V, PROPERTY MAINTENANCE CODE BY REPEALING SECTION 185, PENALTIES AND SECTION 186, RESTRAINING ACTION OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. DAWN KELSEY, City Attorney, reported that she has just noticed that this ordinance does not have an enacting date like the previous ordinance and asked if someone would make a motion to amend it to include an effective date of July 1st. MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to amend the ordinance by adding the effective date of July 1, 2017 to the title and to the effective date line and inserting Ordinance No. 25-17 as the New Code Enforcement Board ordinance number. 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: The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye:  97 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted as amended on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 28-17: FIRST READ ORDINANCE AMENDING ZONING ORDINANCE ORDINANCE AMENDING ARTICLE II, SECTION 2.01 DEFINITIONS, OF APPENDIX “A” OF THE ZONING ORDINANCE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Bugg, that the ordinance be adopted. DAWN KELSEY, City Attorney, explained that during ordinance review a conflict between the City’s zoning ordinance, the City’s agriculture ordinance, and state law was discovered. A request for review was sent to the Planning Commission and this is their recommendation for the Zoning Ordinance amendment. 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. ________________________ ORDINANCE NO. 29-17: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY BEING LOCATED AT 3019 GREEN RIVER ROAD, IN HENDERSON COUNTY, CONTAINING 0.3631 ACRES, MORE OR LESS, OWNED BY STEVE DUNCAN AND HIS WIFE SHANNON, TODD DUNCAN AND HIS WIFE SHAWNDA, AND MITZIE WEISS, UNMARRIED MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, explained that this is a voluntary annexation that was sent to the Planning Commission for review and recommendation on the appropriate zoning designation. They are recommending that the property be designated R-2, Medium Density Residential. He reported that he had asked police, fire and 9-1-1 to consider this property in the city as of two weeks ago as it would be a shame not to respond if they have an emergency while we are in this annexation process. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: 98 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 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. 30-17: FIRST READ ORDINANCE RELATING TO BUSINESS AND OCCUPATION LICENSES FEES AN ORDINANCE AMENDING SECTION 21-33 OCCUPATIONAL LICENSE TAX PAYMENT REQUIRED OF ARTICLE III, BUSINESS AND OCCUPATIONAL LICENSE FEES, BY CHANGING THE RATE OF OCCUPATIONAL LICENSE TAX FOR COMPENSATION PAID OR PAYABLE FOR WORK DONE OR SERVICES PERFORMED OR RENDERED IN THE CITY BY AN EMPLOYEE FROM ONE TO ONE AND TWENTY NINE HUNDREDTHS PERCENT (1.29%) AND AMENDING SECTION 21-48 BEGINNING DATE OF THIS ORDINANCE TO JULY 1, 2017 MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. DISCUSSION WAS HELD regarding personal experiences growing up in a single parent home; families struggling to put food on the table; other proposals on how to lower property taxes without raising payroll taxes; the people that will fall into the position of being hurt and not helped by this change; that it is felt that this increase will not put undue hardship on anyone; that Henderson has the fourth highest property tax rate in the state; that Henderson’s property tax rate in too high; that the current rate is due to increases over a great number of years; that people have not fully recovered from the 2008 recession; that the net profits tax rate was not changed and that there are employees in Henderson that pay the net profits tax but not the payroll tax; and that the net profits tax was not raised in order to encourage free enterprise, small businesses and business growth. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Nay: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Nay: 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. ________________________ MUNICIPAL ORDER 23-17: MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND THE HENDERSON CITY-COUNTY RESCUE SQUAD FOR AN FD MEDIUM DUTY RESCUE TRUCK; AND AUTHORIZING MAYOR TO EXECUTE SAME ON BEHALF OF CITY MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the municipal order authorizing a Lease Agreement with the Henderson City-County Rescue Squad for a Ford Medium Duty Rescue Truck. RUSSELL R. SIGHTS, City Manager, indicated that the lease had been prepared in accordance with all insurance requirements and asked if there were any questions. The vote was called. On roll call, the vote stood: Commissioner Pruitt ------ Aye:  99 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 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: May 23, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 24-17: MUNICIPAL ORDER AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S STOP/LOSS COVERAGE (REINSURANCE) AND ORGAN TRANSPLANT POLICY AND UMR (THIRD PARTY ADMINISTRATOR) MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the municipal order awarding renewal of the City’s stop/loss (reinsurance) and organ transplant coverage for the upcoming program year and authorizing the UMR administrative costs for Third Party Administrator services for the City’s health benefits program. CONNIE GALLOWAY, Human Resources Director, explained that these are our current carriers and are recommended by our broker, Benefit Insurance Marketing (BIM). RUSSELL R. SIGHTS, City Manager, indicated that even though there is a slight increase in the Sun Life policy premium, this is the same company that issued the $45,000.00 dividend last year and while there are no assurances that there will be future dividends we are hopeful. 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: May 23, 2017 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, asked Donna Stinnett to report on an upcoming event. DONNA STINNETT, Public Information Officer, indicated that one of the Henderson County High School art classes has been putting the finishing touches on a mural at the East End Park and an unveiling has been scheduled for noon this Friday, June 2nd. She invited everyone to come out to see the painting and meet the young people that designed and worked on the project. ________________________ RUSSELL R. SIGHTS, City Manager, asked Brian Williams to give an update on the Hays boat ramp closure. 100 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 BRIAN WILLIAMS, Public Works Director, reported that the Hays Boat Ramp is still closed; however, the Permit from the Army Corp of Engineers had just been received and maintenance work will be scheduled in the near future depending on river levels. He indicated that having the Fire department dive team sound the area has been beneficial and that Permits have been applied for maintenance work at both the Second and Third Street Boat Ramps for later this summer. ________________________ COMMISSIONERS REPORT: COMMISSIONER PRUITT announced that there would be a Stop the Violence benefit game between the police and fire departments at 8:30 p.m. at the John F. Kennedy Center on June 9th and a Lives Matter Unity Conference at the Haven Pentecostal Church June 9th and 10th. ________________________ MAYOR AUSTIN reported that there will be a special called meeting at 1:00 p.m. on Friday, May 26th for second reading of several ordinances including: Occupational License Fee, HWU Budget, City Budget, establishing the Code Enforcement Board, and setting the Ad Valorem real estate tax rate. ________________________ CITY ATTORNEY’S REPORT: Mobile Food Unit Ordinance DAWN KELSEY, City Attorney, reported on research that had been completed regarding proposed changes to the Mobile Food Unit Ordinance. The first issue was to locate mobile food units on Martin Luther King Jr. Avenue. In order to be consistent with current policy the area on Martin Luther King Jr. Avenue was measured and marked at the 150 foot radius of an existing brick and mortar restaurant. The radius stays within the survey results that were done in the downtown area when the original ordinance was reviewed and adopted. The second issue was to meet with representatives of the Depot Community Room, Henderson Tourism Commission, and the Historical and Genealogical Society to discuss the proposed change that would allow non self-propelled vehicles. They do not support the addition of non self-propelled vehicles at their location. DISCUSSION WAS HELD regarding issues that were discussed relating to the use of the Depot parking lot which included safety issues-the parking lot is small and would be difficult to maneuver these units with other vehicles on the lot; that they would not be as easy to move in case of an exhaust issue or fire issue or other emergency; that the Depot stores irreplaceable items from our history that cannot be replicated; that they have already given up four spaces and these would take up additional spaces for the tow vehicles to park; a request to move at least two of the designated spaces to another location further from the building, those trucks could open up to the sidewalk and that would also prevent foot traffic across vehicle traffic on the lot; discussion of possible alternate locations and that trucks were not permitted on Water Street due to the difference in grade between the street and the park. DONNA SPENCER, Depot Community Room and Historical Society representative, indicated that most everything had been covered except that archival conditions are kept to ensure the safety and preservation of these artifacts and the possible insect infestation from having these food trucks so close to the building is a real concern. They are aware that the food trucks are required to keep a clean space but that doesn’t ensure that their customers will not trash other areas of the parking lot. Staff was requested to look into the possibility of additional locations for mobile food units and for the inclusion of non self-propelled units and prepare a report for discussion at the June Work Session.  101 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on May 23, 2017 REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapter 9 DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended revisions. Recommended revisions for Chapter 9 Civil Emergencies –– change the title of the chapter to Emergencies to mirror state law; Section 9-1. Definitions. – add language to signify any other definitions as pursuant to state law, so that it will automatically update with state statutes; Section 9-2. Authority of mayor. – add a subsection (3) to add language to signify any other action that is allowable under KRS 39A.100 or any other applicable state law; and that while reviewing ordinances relating to this it was determined that changes to the non-codified Continuity of Government ordinance are necessary to remove the office of the Assistant City Manager from the order of succession. ________________________ APPOINTMENT: Tax Assessment Appeals Board: Mr. Brent Wilkerson – Term To Expire May 21, 2020 Motion by Commissioner Pruitt, seconded by Commissioner Bugg, upon recommendation of Mayor Steve Austin, to appoint Mr. Brent Wilkerson to a term of three years, replacing Mitch Hazelwood, on the Tax Assessment Appeals Board. Said term to expire May 21, 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: ________________________ EXECUTIVE SESSION: Real Estate MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, to go into Executive Session pursuant to KRS 61.810 (1) (b) for the purpose of deliberation on the possible future purchase of real estate in the area between Letcher and Helm Streets. 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: ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Bugg, the Board of Commissioners reconvened in regular session. 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: ________________________ 102 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on May 23, 2017 MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, 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 7:55 p.m. ATTEST: ___________________________ Steve Austin, Mayor ______________________ June 13, 2017 Maree Collins, City Clerk