Board of Commissioners Meetings

142 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 25, 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 Mary Wrye, Methodist Hospital Chaplain, 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 Mrs. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. John Stroud, Code Enforcement Officer Mr. Ray Nix, Code Administrator Ms. Sara Lovell, Secretary, Code Division Mrs. Tammy Willett-Speaks, Community Development Specialist Mr. Greg Nunn, IT Director Mr. Tom Williams, HWU General Manager Mrs. Claudia Wayne, Planning Commission Assistant Executive Director Ms. Carla Deaton, Charter Communications Government Relations Manager Mrs. Donna Crooks, Kyndle Vice President of Economic Development Mr. Tony Iriti, Kyndle CEO Mr. Chuck Stinnett, Kyndle Vice President Chamber Services & Public Relations Mrs. Amy Brady, Henderson County Jailer Ms. Angela Hagedorn, Humane Society of Henderson County Executive Director Mr. Radar Mullins Ms. Joanna Diem Mr. Randal Redding Reverend Mary Wrye, Methodist Hospital Chaplain Ms. Erin Schmitt, the Gleaner Mr. Mike Richardson, Police Reserve Officer ________________________ PRESENTATION: “Charter Communications-Spectrum Enterprise” CARLA DEATON, Charter Communications Government Relations Manager, presented a brief overview of the changes that will be implemented by Charter/Spectrum to the cable system and how those changes will impact residents. She explained that on August 22nd the system will be upgraded and fully encrypted. This will cause each television set to require either a cable box, a DVR box, or other cable provided card or stick or an IP device, such as a ROKU Stick or Amazon Fire Stick or other streaming device, or a Samsung Smart TV, to descramble the signal. This upgrade will allow better picture and sound quality, and two way communication to assist with some troubleshooting so the customer doesn’t have to take off work to have a technician evaluate the issue. There will be special pricing to assist with the transition: customers that do not currently have a cable box, can get up to two free boxes for 24 months, after that time or if they need additional boxes there will be a $4.99 per month fee; customers that currently have one box can get an additional free box for 12 months; customers that are on Medicaid or on the Limited Basic Package can receive up to two free boxes for five years. After the transition period there will be a $4.99 per month per box fee. Customers that  143 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 use a ROKU streaming stick, Amazon Fire Stick or other streaming device should be able to receive the descrambled signal using the free Spectrum app on their smart TVs. Customers may go online or contact customer service or go to the local office to request a box and it can be mailed to their home at no charge. A letter has been sent out separately to each customer advising of the changes that will take place. She also reported that the City’s local government channel, Channel 7, and the local educational channel, Channel 12, will be moving to channels 200 and 197 respectively. This is a conscious effort to place all like channels closer together and is being done as part of the overall upgrade to the system. DISCUSSION WAS HELD on clarification of which customers were most in need of the information-those being customers that plug the cable directly into their television sets without any type of cable box or IP device; options that Charter/Spectrum can and will do to help with the transition and moving the governmental and educational channels; request to Charter/Spectrum to run PSAs at no charge to the City to inform the public of the changes; that ROKU and Fire Sticks are used to stream cable channels on smart television sets; that the customer service telephone number is on each monthly statement or can be found online. RUSSELL R. SIGHTS, City Manager, reported that he had recently visited the Evansville store to ask questions regarding the changes and that the staff were very knowledgeable and friendly. They were able to answer all of his questions regarding the different types of boxes relative to descrambling the encrypted signal. ________________________ PRESENTATION: “Kyndle Year-End Report” TONY IRITI, Kyndle CEO, indicated that they planned to triple team the report and thanked the Mayor and Commissioners for allowing them to present the annual year-end report. He then introduced Mrs. Donna Crooks, Vice President of Economic Development. DONNA CROOKS, Kyndle Vice President of Economic Development, reported on the list of activities for Kyndle that focus on economic development in Henderson. She reported that Kyndle assisted several manufacturers expansion projects which included Gibbs Die Casting- added 46 new jobs-$10,000,000.00 capital investments; Tyson Foods-added 66 new jobs- $13,500,000.00 capital investment; and Teknor Apex-added 8 new jobs-$2,200,000.00 capital investment. She reported that Hanson Manufacturing, a South African company, has announced plans to construct a 75,000 square foot facility at the Henderson Riverport with ground breaking this fall and be operational by late spring of 2018. Kyndle also helped with location assistance for the Columbia Sportswear Employee Store that is locating at the old Office Depot adding ten to 15 new jobs. Kyndle staff attended numerous national and international consultant events, trainings and conferences in order to market the area more successfully. They continue to work on a marketing plan for the 4-Star Industrial Park now that all infrastructure is complete; assisted with identifying and rezoning a 400 acre industrial site on the 425 bypass that is on rail and is near the Riverport; released a regional wage and benefits survey that will collect data and help companies understand how their wages stack up to others in that same industry to assist with retention efforts and attraction of new employees to their facilities; and continues to maintain a listing of available properties and buildings on their website as well as keeping the State of Kentucky Economic Development website updated. Business expansion and retention is very important and to that end they hired a full-time Business Retention/Expansion Manager whose focus is going to be on visiting all 140 companies in the four county region. Kyndle continues to work with companies to Ohio Drive as well as with GRADD, the City, the County, EDA, and others to help with improvements of Ohio Drive. They are currently working closely with the Cabinet for Work Force Development, Henderson Community College, and other industries to form a Kyndle Fame Chapter. Kyndle Fame is a program that is apprenticeship style, learn as you work, allowing a student to go to school two days a week and then work three days a week with part of their tuition paid by the company. There are other means for the rest of the tuition. After five semesters they will have an associates’ degree in Advanced Maintenance Technician, which is a position that companies have had issues recruiting skilled workers for. Kyndle also serves on the Certification of the Work Ready Communities. 144 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 TONY IRITI, Kyndle CEO, explained that the wage and benefit survey that was sent out does not ask for actual wage information as that is provided by the University of Kentucky from state collected data. Mr. Iriti then introduced Mr. Chuck Stinnett. CHUCK STINNETT, Kyndle Vice President of Chamber Services & Public Relations, explained that Kyndle in addition to being a four county regional economic development organization is the Chamber of Commerce for Henderson and Henderson County. They have been very busy over the last few years with construction and the opening of new businesses. They have conducted 25 ribbon cutting ceremonies so far this year, which is more than the entirety of 2016. Most every month Kyndle conducts some type of major event, something that attracts 75 or more people, with five such events this month. Some of the events held this year are: the Agriculture Appreciation Breakfast; Farm to Table Dinner; State of the County Luncheon; Dueling Pianos event, which is a very high energy, highly entertaining, high audience engaged event that was a fund raiser for the Kyndle Education Foundation to help provide funds for the Dolly Parton Imagination Library program to put books into the homes of children from newborn to the age of five to promote literacy. Future events scheduled are: this Thursday is the State of the City Luncheon; this Friday is Kyndle night at the Evansville Otters; in August the Kyndle 2017 Educator of the Year will be honored; in September Kyndle will host a Non-profit Leadership Summit; and in October the Kentucky Chamber of Commerce Legislative Preview. Other activities include: Fourth Friday events which allows each person a brief talk about themselves, their organization, their products, their services to promote their business; attend monthly meetings with Downtown Henderson Partnership, Henderson Tourism Commission, and other organizations to compare notes, brainstorm and generally keep relationships updated and healthy; active with the community branding initiative; finalizing a newcomers booklet that is using in part the excellent tourism book that was released earlier this year-that book has been reformatted to focus on the needs and interests of newcomers to our community; and continue to be active in the BridgeLink organization and the I-69 Ohio River Crossing project, which will host a presentation August 1st at the Preston Fine Arts Center on the remaining prospective routes and how they will impact the area. Staff attended the American Chamber of Commerce Executives Convention and are scheduled to attend the Kentucky Chamber of Commerce 2017 annual conference in late August. TONY IRITI, Kyndle CEO, concluded the report with items that he is working on with the city which includes the new Henderson Industrial Park and what will be necessary to make it marketable; and that he will be reporting more information during his fourth quarter report on the need for a Poverty Summit and housing needs as these are all moving parts of an overall economic development strategy; and a Work Force Development System that starts at Pre-K and goes through 12th grade. MAYOR AUSTIN thanked Mr. Iriti, Mrs. Crooks, and Mr. Stinnett for their reports and also for their willingness to help with preparing the Henderson Industrial Park for marketability. He continued that the City will be accelerating the preparation of that property and that the City is very proud that that site will have some of the lowest utility rates in the surrounding ten state area, which will be important for businesses locating there. ________________________ PRESENTATION: “30-Year Service Award” MAYOR AUSTIN expressed appreciation to Code Inspector John Stroud for his 30 years of service and dedication to the City. JOHN STROUD, Code Inspector, thanked Mayor Austin and indicated that he had worked under six mayors, countless commissioners (some more than once), five city managers (one of them twice), three acting city managers, two assistant city managers, three finance directors, two gas system directors, five fire chiefs, four police chiefs, four parks directors, four planning directors, and five city attorneys. ________________________  145 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 APPEARANCE OF CITIZENS: JOANNA DIEM, and RADAR MULLINS, spoke detailing two separate incidents involving Animal Control of the Humane Society. Mrs. Diem reported that Mr. Mullins had taken a dog for surrender and was detained by the people at the shelter and had issues with one person in particular. She further reported that she had issues with this same person relating to a pit bull attack approximately two years earlier. ANGELA HAGEDORN, Humane Society of Henderson County Executive Director, detailed the Investigative Reports that were completed once the issues were brought to her attention; the Findings of those investigations; the Recommendations; and the revisions to policy and procedures and steps taken to address the issues. Ms. Hagedorn reported that her Board of Directors has approved the Recommendations and that in-house training has been conducted to all staff regarding the intake policies and procedures. She further stated that if these issues arise again they will be addressed promptly. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: July 11, 2017, Regular Meeting Resolution: Resolution 36-17: Resolution Authorizing the Submission of the 2017-2018 CDBG Action Plan to the United States Department of Housing and Urban Development 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 Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: July 25, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 38-17: SECOND READ ORDINANCE AMENDING CODE OF ORDINANCES PERTAINING TO SMOKING AN ORDINANCE AMENDING ORDINANCE 16-17 OF THE CITY OF HENDERSON CODE OF ORDINANCES PERTAINING TO SMOKING, SECTION 16-56 WHERE SMOKING NOT REGULATED, SUB-SECTION (F) BY CLARIFYING EXEMPTIONS RELATING TO FEDERAL, STATE, AND COUNTY DETENTION AND CORRECTIONAL FACILITIES MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, indicated that he did not know whether or not Henderson is one of the first cities in Kentucky to make this accommodation, but we are now getting calls from other cities requesting this as well as the original e-cig prohibition ordinance. 146 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 39-17: SECOND READ ORDINANCE RELATING TO MOBILE FOOD UNITS ORDINANCE AMENDING ARTICLE IV, MOBILE FOOD UNITS, SECTIONS 17-63 THROUGH 17-70, OF CHAPTER 17, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 40-17: SECOND READ ORDINANCE AMENDING EROSION AND SEDIMENT CONTROL AND CLEANING OF STREETS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI, EROSION AND SEDIMENT CONTROL AND CLEANING OF STREETS, SECTION 7-203, EROSION AND SEDIMENT CONTROL PLAN CONTENT, DESIGN REQUIREMENTS TO REQUIRE A SEPARATE APPLICATION FOR A LOCAL HKYR10 PERMIT TO BE SUBMITTED TO HENDERSON WATER UTILITY MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye:  147 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 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: July 25, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 41-17: SECOND READ ORDINANCE RELATED TO PLUMBING CODES AN ORDINANCE REPEALING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE IV, PLUMBING CODE, DIVISION 1, GENERALLY, SECTION 7- 152 REVOCATION AND DIVISION 2, LICENSES SECTION 7-164, WHEN REQUIRED; SECTION 7-165, TO WHOM ISSUED; SECTION 7-166, FEES; AND SECTION 7-167, EXPIRATION MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 42-17: SECOND READ ORDINANCE AMENDING STORAGE OF NONOPERATIVE, UNFIT, AND ABANDONED MOTOR VEHICLES AN ORDINANCE AMENDING CHAPTER 15, NUISANCES, ARTICLE II, JUNK VEHICLES AND JUNKYARDS, SECTION 15-23, STORAGE OF NONOPERATIVE, UNFIT, AND ABANDONED MOTOR VEHICLES TO INCLUDE PROHIBITION ON THE STORAGE OF UNLICENSED VEHICLES TO COMPLY WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ 148 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 DAWN KELSEY, City Attorney, explained that Gas System Director Owen Reeves was unable to attend this evening. She indicated that during review of the gas ordinances, it was pointed out that the section relating to the National Fuel Gas Code required updating and to allow a new flexible type piping. She explained that when the National Fuel Gas Code was adopted by the City the flexible piping available was deemed not safe, as nails could be accidently driven through it, and the City prohibited its use. The new type of flexible piping is safer, not allowing nails to be driven through it and has been included in this revision. She further reported that this type of flexible piping is only available to licensed plumbers and is expected to be very helpful to our local plumbers and builders. ORDINANCE NO. 43-17: FIRST READ ORDINANCE AMENDING ADOPTION OF NATIONAL FUEL GAS CODE AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VII, FUEL GAS CODE, SECTION 7-221, ADOPTION OF NATIONAL FUEL GAS CODE TO ALLOW CORRUGATED STAINLESS STEEL TUBING THAT MEET CRITERIA OF ANSI LC 1, ICC-ES LC1027 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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. ________________________ ORDINANCE NO. 44-17: FIRST READ ORDINANCE RELATED TO BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, BY AMENDING SECTION 7-16, ADOPTION OF KENTUCKY BUILDING CODE; SECTION 7-17, DESIGNATION OF CODES ADMINISTRATOR AS LOCAL ENFORCEMENT AGENCY; SECTION 7-19, PERMITS; FEES; AND SECTION 7-137, APPLICATION OF PLUMBING CODE INSPECTION; AND REPEALING SECTION 7-20, FIRE LIMITS DESIGNATE; SECTION 7-21, CABO ONE AND TWO FAMILY DWELLING CODE ADOPTED; AND SECTION 7-136, ADOPTION OF STATE PLUMBING CODE 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 Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- 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. ________________________  149 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 MUNICIPAL ORDER 31-17: MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND HOLY NAME OF JESUS CATHOLIC SCHOOL FOR THE PARKING LOT LOCATED BEHIND THE FORMER IMMANUEL BAPTIST TEMPLE CHURCH LOCATED OFF OF ADAMS STREET, AND AUTHORIZING MAYOR TO EXECUTE SAME ON BEHALF OF CITY MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to adopt the municipal order authorizing a lease between the City and Holy Name of Jesus Catholic School for use of the parking lot located behind the former Immanuel Baptist Temple Church off of Adams Street. COMMISSIONER BUGG asked if the lease contained the Opt-out clause that was discussed previously. DAWN KELSEY, City Attorney, responded that it is included that either party may terminate the agreement without cause with five days written notice to the other party. RUSSELL R. SIGHTS, City Manager, reported that the negotiation went very smoothly and that they approved virtually everything we asked for. They are aware that the status could change at any time and especially once construction/renovations begin on the new fire station. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 32-17: MUNICIPAL ORDER EXTENDING CONTRACT WITH ADVANCED DISPOSAL SERVICES SOLID WASTE MIDWEST, LLC FOR COLLECTION AND MANAGEMENT OF RESIDENTIAL RECYCLABLES FOR ONE (1) YEAR MOTION by Commissioner Staton, seconded by Commissioner Bugg, to adopt the municipal order exercising the third and final extension option for the contract with Advanced Disposal Services Solid Waste Midwest, LLC for collection and management of residential recyclables for one year through September 30, 2018. RUSSELL R. SIGHTS, City Manager, indicated that as discussed at the previous work session, this is the last year of the five year contract terminating September 30th. Notice to exercise extension of the contract requires sixty days written formal notice. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: 150 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 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: July 25, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 33-17: MUNICIPAL ORDER AWARDING BID FOR HEAVY EQUIPMENT RENTAL TO SCHNEIDER FARMS & EXCAVATING, AND A & S SERVICES, INC. MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adopt the municipal order awarding Bid Reference 17-17 for heavy equipment rental to Schneider Farms & Excavating for Items 1-11, 13-15, 18-19, and 22-24; and A & S Services, Inc. for Items 17 and 20 in strict accordance with their bids as submitted. RUSSELL R. SIGHTS, City Manager, reported that Public Works Director Brian Williams was unable to attend this evening. He continued that everything is identical to the current contract with no price increase for the same pieces of equipment. He stated that there are no changes in this contract compared to the one we are under currently. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ 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: July 25, 2017 Maree Collins, City Clerk ________________________ CITY ATTORNEY REPORT: DAWN KELSEY, City Attorney, reported that she, John Stroud and Ray Nix had three items to discuss and request authorization to forward to the Planning Commission for zoning review relating to: 1) to include craft distilleries and microbreweries as Conditional Uses in the Central Business and Gateway districts-not as Permitted Uses so that the Planning Commission has more control over their proximity to residents; 2) Planned Unit Development parking restrictions-with the application of the first PUD it has come to our attention that parking is restricted to be placed in the rear or side of the development and this may not always be the best use of the property-Request amendment to allow the Planning Commission authority to allow parking location and to delete the term residential from the Statement of Purpose as the Planned Unit Development is not restricted to residential areas; and 3) Site Plan ordinance-the current ordinance indicates that every site plan would return to either the Land Development Committee of the Planning Commission or the full Planning Commission. This is in conflict with how the City and the Planning Commission have been handling this review under the Site Review Committee. Certain smaller administrative type determinations are finalized at the Site Review Committee process and have not been returned to either the LDC or the full Planning Commission body for action. This change would be consistent with the policies and procedures that have been in place for a number of years that allowed the simplification of the process.  151 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 COMMISSIONER VOWELS indicated that he would recuse himself from the vote as he is personally involved with the group that has been exploring that opportunity. He stated that he certainly encourages moving forward with these changes. Motion by Commissioner Pruitt, seconded by Commissioner Staton, to forward a request to the Planning Commission for review of Conditional Uses in the Central Business and Gateway districts; parking areas for Planned Unit Development and to remove residential from the Statement of Purpose; and regulations that are in conflict with our current Site Review Committee policy and procedure. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Abstain: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, reported that it has been alluded to already, but that he wanted to explain how the transportation on August 1st to the college for the I-69 Ohio River Crossing Open House and Presentation will be handled. He indicated that we don’t want anyone in this town to have a transportation issue as far as getting to the college that night, so we are going to have two special buses available starting at 5:00 p.m. at the corner of Third and Main Streets. While that is the beginning time for the program, the presentation doesn’t start until 6:00 p.m. If there are riders, even one, at 5:00 p.m. that bus will depart for the college, and if there are riders, even one, at 5:30 p.m. that bus will depart for the college, and if there are riders, even one, at 5:45 p.m. that bus will depart for the college. If there are no riders by 5:45 p.m. both buses will be dismissed and of course if there were riders the bus(s) will be at the college at 7:00 p.m. to return the passengers to the beginning location. COMMISSIONER STATON asked if there is ability or capability of televising or live streaming the presentation. DAWN KELSEY, City Attorney, indicated that the college has some limited equipment and that she would check to see what might be available. ________________________ COMMISSIONERS REPORT: COMMISSIONER BUGG reminded anyone with interest in the Angel Initiative to attend the meeting with the Police Chief at 3:00 p.m., at his office Thursday, July 27th. MAYOR AUSTIN reminded everyone that the Lieutenant Governor would at the Thelma B. Johnson Center on Tuesday, August 1st for a Drug Forum and that everybody was invited to attend that as well. COMMISSIONER PRUITT congratulated John on 30 years of service with the city! ________________________ RE-APPOINTMENT: Civil Service Pension Fund Board of Trustees: Mrs. Cindy Bickwermert and Mrs. Connie Galloway – Term to Expire June 1, 2021 Motion by Commissioner Pruitt, seconded by Commissioner Bugg, upon recommendation of Mayor Steve Austin, to reappoint Mrs. Cindy Bickwermert and Mrs. Connie 152 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 25, 2017 Galloway to terms of four years on the Civil Service Pension Fund Board of Trustees. Said terms to expire June 1, 2021. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ APPOINTMENT: Civil Service Pension Fund Board of Trustees: Mr. Jason Buchanan – Term to Expire June 1, 2021 Motion by Commissioner Bugg, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to appoint Mr. Jason Buchanan to a term of four years, replacing the retiring Kay Mulligan, on the Civil Service Pension Fund Board of Trustees. Said term to expire June 1, 2021. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ EXECUTIVE SESSION: Litigation and Real Estate MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(c) for the purpose of discussion of pending litigation against the city and pursuant to KRS 61.810(1)(b) for the purpose of deliberation on the possible future purchase of real estate in the area of Highway 41, Green Street and Fifth Street in that publicity would literally affect the value of the specific piece of property to be acquired for public use. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye:  153 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on July 25, 2017 MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 8:40 p.m. ATTEST: ___________________________ Steve Austin, Mayor ______________________ August 8, 2017 Maree Collins, City Clerk