Board of Commissioners Meetings

194 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 25, 2018, 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 Wally Campbell 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. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Robert Gunter, Finance Director Mr. Heath Cox, Police Chief Mr. Scott Foreman, Fire Chief Mr. Brian Williams, Public Works Director Mr. Dylan Ward, Project Manager Mrs. Dawn Winn, Assistant Finance Director Mrs. Janet Campbell, HPD Secretary Mr. J. D. Chaney, KLC Deputy Executive Director Ms. Bryanna Carroll, KLC Director of Governmental Affairs Ms. Michele Hill, KLC Government Affairs Communications Specialist Mr. Dave Chrisman Mr. Andy Rideout Mr. Curt Hamilton Representative Robby Mills Mrs. Vickie Mills Reverend Wally Campbell Mr. Doug White, the Gleaner 14 News 44 News Mr. Mike Richardson, Reserve Police Officer ________________________ PRESENTATION: Present Kentucky League of Cities “Friend of Kentucky Cities” Award to Representative Robby Mills J. D. CHANEY, KLC Deputy Executive Director, presented the Kentucky League of Cities “Friend of Kentucky Cities” award to Representative Robby Mills. Mr. Chaney explained that the League of Cities awards legislators each year at the conclusion of the session for either passing legislation that is helpful to cities from a Home Rule perspective that enhances revenue options and/or enhances local decision-making authority or for stopping legislation that would do harm to the concept of Home Rule. He indicated that it is tremendously fortunate to have a former City Commissioner who knows how cities operate serving in the legislature to sit on the Local Government Committee and help in a number of ways with any piece of legislation before that Committee; whether it is stopping unfunded mandates or pension reform and how that uniquely impacts city governments. Representative Mills was particularly interested in and sponsored legislation this year that helps expedite the rehabilitation of Brownfields or blighted properties in downtown areas. The Brownfield Program was developed more than a decade ago and has not been utilized as extensively as had been hoped. Representative Mills cut through the red tape with regard to addressing the liability issues when those Brownfield properties are  195 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 purchased. REPRESENTATIVE ROBBY MILLS indicated that the Kentucky League of Cities has a unique understanding of the needs of our communities and does a great job of advocating for cities. He stated that he is appreciative of their friendship and of the partnership to bring information to him that he was able to sponsor and work toward passage. He stated, “I appreciate their friendship and thank them for this award.” ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: September 11, 2018, Regular Meeting Resolutions: Resolution 49-18: Resolution Authorizing Participation in Kentucky Pride Litter Abatement Grant Program MOTION by Commissioner Staton, seconded by Commissioner Pruitt, 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: September 25, 2018 Maree Collins, City Clerk ________________________ ORDINANCE NO. 28-18: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN MERRILL PLACE COMMERCIAL SUBDIVISION SECTIONS 1 & 2 MOTION by Commissioner Bugg, 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: September 25, 2018 Maree Collins, City Clerk ________________________ 196 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 ORDINANCE NO. 29-18: SECOND READ ORDINANCE ADDING AND ADOPTING SECTION 4-17 TO APPENDIX “A” ZONING OF THE CODE OF ORDINANCES AN ORDINANCE ADDING AND ADOPTING SECTION 4-17 POOLS, IN-GROUND AND ABOVE GROUND, ARTICLE IV-GENERAL PROVISIONS TO APPENDIX “A” ZONING OF THE CITY’S CODE OF ORDINANCES MOTION by Commissioner Pruitt, 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: September 25, 2018 Maree Collins, City Clerk ________________________ ORDINANCE NO. 30-18: SECOND READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2018 AND ENDING JUNE 30, 2019 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. COMMISSIONER STATON asked if it was necessary for the Clerk to read the entire three page ordinance for second reading since it has been read in its entirety once and is available in the agenda packet and online. He asked if a summary of the changes could be read for second readings. DAWN KELSEY, City Attorney, explained that this has been researched before and that this is considered the summary ordinance of the budget. 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: September 25, 2018 Maree Collins, City Clerk ________________________  197 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 ORDINANCE NO. 31-18: 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, 2018, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. MAYOR AUSTIN stated there was no increase in the property tax rate this year. 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: September 25, 2018 Maree Collins, City Clerk ________________________ ORDINANCE NO. 32-18: FIRST READ ORDINANCE AMENDING TAX MORATORIUMS AN ORDINANCE AMENDING CHAPTER 21, TAXATION, ARTICLE VI.- PROPERTY ASSESSMENT AND REASSESSMENT MORATORIUMS, SECTION 21-91, MORATORIUM PROGRAM ESTABLISHED OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON DAWN KELSEY, City Attorney, indicated that all cities are required to tax all properties with very few exemptions. Under KRS 99.600, cities are allowed to establish a program granting property assessment or reassessment moratoriums for existing residential properties or commercial facilities for the purpose of encouraging the repair, rehabilitation, restoration or stabilization of existing improvements thereon. She reported that some years ago the City established a moratorium program for commercial properties only. She explained that Commissioner Staton had requested this revision to allow the moratorium program include restoration to residential property in the Central Business District. She explained that the moratorium may not exceed five years and that the application must be submitted to the City prior to any work being done so that the Property Valuation office can determine the value of the property before repairs/restoration work begins. That value is used for City tax purposes; however, the moratorium does not change the property value used for School taxes or County taxes. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. COMMISSIONER STATON reported that he had been contacted by someone specifically requesting that residential properties in the Central Business District be included in the moratorium program. COMMISSIONER PRUITT asked if all residential areas should be included to encourage qualifying homeowners to invest in their homes. 198 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 DISCUSSION WAS HELD regarding whether to try to amend the ordinance on the floor to include all residential areas; whether to pass the ordinance as is and have further discussion on amending the ordinance at a future date to include other residential areas; on the age of properties that can be included-by state statute a building must be 25 years or older to qualify for either residential or commercial; the moratorium is for the restoration, rehabilitation, repair of existing facilities; and that a moratorium defers the value of improvements from taxable assessment for a maximum period of five years. Consensus was to vote on this ordinance as presented and then have staff review residential areas to be included for future review. 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. 33-18: FIRST READ ORDINANCE ACCEPTING WATER SYSTEM IMPROVEMENTS AN ORDINANCE ACCEPTING WATER SYSTEM IMPROVEMENTS AT THE HENDERSON COMMUNITY COLLEGE CAMPUS WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that Henderson Community College had approached Henderson Water Utility during the US 60 widening project interested in replacing water mains to better serve the Library and Administration buildings. The Kentucky Community and Technical College System funded the new lines. MOTION by Commissioner Pruitt, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ RESOLUTION NO. 50-18: RESOLUTION APPROVING UPDATED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HENDERSON AND HENDERSON WATER AND SEWER COMMISSION REGARDING THE MERGER OF CERTAIN FUNCTIONS WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, explained that as part of the budgeted reduction in workforce at Henderson Water Utility the Safety & Training position was eliminated resulting in those duties now falling under the City’s Safety and Training position.  199 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 25, 2018 MOTION by Commissioner Staton, seconded by Commissioner Vowels, approving the amended Memorandum of Understanding between the City and the Henderson Water and Sewer Commission regarding the merger of certain Safety & Training duties. 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 resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 25, 2018 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, gave an update on the former Player’s Club Golf Course. He thanked the Committee members that have served through the process, indicating that numerous hours have gone into the project to this point. The Committee reviewed the three Proposals received. All were from local vendors, even though there had been some early interest from others located outside this area. The proposal from Firm A met specifications; they were very strong in marketing, sales, promotions, clubhouse operations, and event planning and weaker in course rehabilitation. Firm B met specifications; they were very strong in the course rehabilitation and grounds and greens maintenance and weaker in clubhouse/event management. Firm C did not meet specifications. While Firms A and B each met specifications their strengths/weaknesses were evident during interviews. They were contacted to see if there might be interest in working together to provide the best management/rehab of our course. DYLAN WARD, Project Manager, reported that the Request for Proposals consisted of five components which included: Course rehabilitation/costs; ability to operate the course/including fees; finances/ensure that they had the funds needed to get the course operational; experience in course rehabilitation and management; and references. He explained that once interviews had been conducted, and references had been checked it was evident that the two firms would make a great team and a meeting was scheduled for discussions to bring the two together to provide the best service for our purposes. Mr. Ward revealed that Firm A is Bill Rendell, a golf pro, that will be teaming up with Firm B, K&J Course Management. K&J Course Management has recently completed a similar course rehabilitation and has experience and equipment in the course/greens maintenance area. Mr. Rendell has experience in corporate golf events, youth events, pro shop management and golf lessons. The two working together should be a good team to give the best chance at long-term sustainable success for this golf course. DAVE CHRISMAN, Golf Course Committee Member, reported that approximately 90 people attended the informational meeting regarding support of the golf course project with $273,000 pledged toward the project without even having specifics on an operator. He indicated that now that things are more finalized there should be even more interest. MAYOR AUSTIN thanked Mr. Chrisman, Mr. Rideout and the entire Committee for their hard work on this project. ________________________