[4:02] Good afternoon. Welcome to the regularly
[4:04] scheduled city commission meeting for
[4:06] Tuesday, July the 28, 2026. If you would
[4:09] please stand with me for the pledge of
[4:11] allegiance.
[4:13] [clears throat]
[4:15] I pledge algiance to the flag of the
[4:18] United States of America and to the
[4:21] republic for it stands. One nation under
[4:24] God, indivisible with liberty and
[4:28] justice for all.
[4:32] » Thank you. Can we have a call for
[4:33] attendance, please?
[4:34] >> Commissioner Puit
[4:35] >> here.
[4:35] >> Commissioner Harus present. Commissioner
[4:37] Thomas here.
[4:38] >> Mayor Stton
[4:39] >> here. Uh, first off, I just wanted to
[4:41] say you might recognize a new face on
[4:42] the commission, and I wanted to call him
[4:43] out because he never gets embarrassed.
[4:45] Uh, this is Chief Josh Dixon. He is our
[4:48] acting city manager at the moment. Our
[4:50] city manager is out of town. Our
[4:52] assistant city manager is on Zoom and
[4:54] Josh will be sitting in as the acting
[4:56] city manager for the remainder of the
[4:58] night. Uh, thank you for being here.
[4:59] Appreciate it.
[5:00] >> Thanks, John.
[5:00] >> Uh, first up, if we could have members
[5:02] of Christian Community Outreach and
[5:04] anybody who is here to support them come
[5:06] up to the podium, please.
[5:12] We are proud to recognize Henderson
[5:13] Christian Community Outreach for their
[5:15] outstanding partnership with the city of
[5:16] Henderson through the utility assistance
[5:18] fund and for their unwavering commitment
[5:20] to serving our community. For many
[5:22] years, Henderson Christian Community
[5:23] Outreach has been a trusted resource for
[5:25] local families facing hardships. Through
[5:27] their compassionate staff and dedicated
[5:29] volunteers, they provide assistance that
[5:31] helps individuals and families navigate
[5:32] difficult times with dignity and hope.
[5:34] One of the many ways they serve our
[5:36] community is by administering the city's
[5:38] utility assistance fund. Through this
[5:40] partnership with the city of Henderson
[5:41] and Henderson Water Utility, Henderson
[5:43] Christian Community Outreach works
[5:45] directly with eligible residents to
[5:46] provide financial assistance with their
[5:48] water utility bills, helping families
[5:50] maintain access to an essential service
[5:53] while offering guidance toward long-term
[5:55] stability. Their team handles each
[5:57] application with professionalism, care,
[5:58] and respect, ensuring that assistance
[6:00] reaches those who need it most. This
[6:02] partnership allows the city to extend
[6:04] its support to residents through an
[6:05] organization that has earned the trust
[6:06] of our community. Beyond the utility
[6:08] assistance fund, Henderson Christian
[6:10] Community Outreach provides emergency
[6:12] financial assistance, food resources,
[6:13] and connections to additional services
[6:15] that strengthen families throughout
[6:16] Henderson County. Their mission is
[6:18] rooted in compassion, collaboration, and
[6:20] a genuine desire to improve the lives of
[6:22] others.
[6:23] >> All right. I just wanted to say on
[6:25] behalf of the city of Henderson that we
[6:28] appreciate everything that Christian
[6:29] Community Outreach does. And I did want
[6:31] to provide just a little story. So last
[6:34] month, I think it was last month uh
[6:36] called Susan and uh and we talked about
[6:40] uh there's some money that the city and
[6:41] the water department had set aside uh
[6:44] about a year and a half ago for water
[6:46] bills to help people with uh who who
[6:48] needed assistance basically.
[6:50] >> And uh and the commission decided that
[6:52] hey, we've got 25 $30,000 left in that
[6:54] fund. uh we'd like to loosen the
[6:57] requirements and we up the level of from
[7:00] poverty level to 200% of the poverty
[7:02] level uh and then reset the clock so
[7:04] everybody would be eligible and Susan was was uh was all about it like
[7:09] as soon as I called her she's like oh my
[7:10] gosh this is great we love doing this
[7:12] stuff and uh and so we just like your
[7:14] spirit uh and every time we get a chance
[7:17] to partner with you guys and your
[7:18] organization it has worked out
[7:20] wonderfully you do so much for the
[7:22] community and on behalf of the city of
[7:24] Henderson I just wanted to present you
[7:25] with this community spotlight award and
[7:28] you have a podium. If you'd like to use
[7:29] it, you are welcome to say a few words
[7:32] and I'll get this to you in a minute.
[7:33] We'll take a picture after you get done
[7:34] talking.
[7:34] >> Okay. Well, it's going to be quick.
[7:36] Thank you. Thank you all. This community
[7:38] is huge with support. We are 40 years
[7:41] this year and that is huge. That's a
[7:43] long-standing relationship with the city
[7:46] um with families of Henderson County.
[7:48] And so it's an honor to still be here
[7:51] and to be in a role that we can still
[7:53] meet the need with the rising cost of
[7:55] groceries and everything that's going on
[7:57] in this world. Um hopefully we're a
[7:59] little bit of a bright light to do with
[8:01] groceries and what we have on hand for
[8:03] staple items now and the partnerships
[8:05] that we develop with you and other uh
[8:08] agency partners. So thank you for the
[8:10] honor and the the trust that you have in
[8:12] us as an organization. It means a lot.
[8:14] >> Yeah.
[8:15] >> So
[8:15] >> thank you.
[8:16] >> Oh, thank you guys. You guys, can you
[8:18] join me after
[8:23] [laughter]
[8:37] two?
[8:40] » All right, here we go.
[8:42] >> Perfect.
[8:45] >> Thank you. Thank you for your service.
[8:47] [applause]
[8:51] » Thank you. Thank you.
[8:53] >> Thank you.
[9:01] » All right. Next up, I'm going to turn it
[9:03] over to our acting city commissioner and
[9:05] current fire chief, Josh Dixon, and he's
[9:08] going to recognize a few new employees.
[9:09] >> Yes. So, we have a couple of new
[9:11] employees we want to recognize. If I
[9:12] could get um our public works director,
[9:15] Brian Williams, and Mr. Landon Buckman
[9:17] to come up.
[9:26] » Okay, we're here. What do you want us to
[9:28] do?
[9:29] >> Introduce him.
[9:30] >> Okay, this is Landon Buckman. He's in
[9:33] PWI. Uh Landon has been with us for one
[9:36] week. U so far everything is great. So
[9:41] fire away at him.
[9:43] >> Landon, so this has been the best week
[9:44] of your life.
[9:45] >> I
[9:47] [laughter]
[9:49] he said he applied in April and it took
[9:52] until now to get on and he couldn't
[9:53] hardly wait.
[9:54] >> Okay. Hey, so what uh just out of
[9:56] curiosity, a serious question, what what
[9:58] brought you to the city of Henderson for
[9:59] employment?
[10:00] >> I heard it was a good place to work and
[10:02] had great benefits.
[10:03] >> Oh, good. Good. Good deal.
[10:05] >> Well, we certainly thank you for coming
[10:07] on board. We appreciate it. Brian's
[10:09] really good. uh boss to have. Uh so I
[10:11] think you're in good hands.
[10:13] >> Thank you, sir.
[10:14] >> Welcome.
[10:14] >> Well,
[10:16] wow. I like that.
[10:18] >> It's a good place.
[10:19] >> All right. Next, can I get uh Chief
[10:21] Bolan and Mr. Cade Hicks to come to the
[10:24] podium?
[10:29] » Good afternoon.
[10:30] >> So, Cade is about our favorite type of
[10:33] hire we could possibly get. So,
[10:34] typically we hire people, send them off
[10:36] the academy, and all their training.
[10:38] Well, he comes to us already trained and
[10:40] it's rare that we get somebody from a
[10:42] bigger city. So, he's a officer in
[10:44] Lexington that is coming back home to
[10:46] Henderson. So, we're thrilled to have
[10:47] him.
[10:48] >> All right. And and same thing for for
[10:50] you. So, what brought you to Henderson
[10:52] specifically?
[10:52] >> Well, I grew up here in Henderson my
[10:54] whole life. I graduated high school
[10:55] here.
[10:56] >> Yep.
[10:56] >> Um I did the job in Lexington for a year
[10:58] and then me and my wife decided we
[11:00] needed to be closer to friends and
[11:01] family and I wanted to serve here in my
[11:03] hometown. So,
[11:04] >> awesome. Welcome back. Before you go
[11:06] back, tell them our connection.
[11:08] >> Oh, yeah. He was my He was my basketball
[11:09] coach.
[11:10] >> Oh, there you go. I hear that.
[11:12] [laughter]
[11:13] Tell him that was good. I was good.
[11:19] [laughter]
[11:19] >> Yes.
[11:19] >> Hey, welcome. Welcome back. We
[11:21] appreciate having you and uh and
[11:23] hopefully it's for for a long time. So,
[11:25] you guys looking to get settled back in
[11:26] town, too?
[11:27] >> Yes, sir.
[11:27] >> Good deal. Welcome back home. Thank you
[11:29] for coming. Appreciate it. Yes, sir.
[11:31] >> Yes, sir.
[11:32] >> Yes.
[11:32] >> There you go. [applause]
[11:37] All right. Next up, we've got a
[11:38] presentation from Missy Vanderpool and
[11:40] Henderson Economic Development.
[11:44] >> Hello. I'm going to come up and bring
[11:46] some reports for you.
[11:48] >> Close.
[11:50] >> Long time.
[11:51] >> Not seeing you to read all of it.
[11:58] » Thank you.
[12:06] Oh, that's okay. Thank you.
[12:11] Um, so thank you all for um allow me to
[12:14] come present to you all. If you all
[12:16] remember, um, it's been over a year ago.
[12:20] We talked about KPDI, the Kentucky
[12:23] Product Development Initiative, and the
[12:25] site that you all own with the Henderson
[12:28] Water Utility on 425. We are
[12:31] affectionately calling that Triangle
[12:32] Point. Um it looks like a triangle. So
[12:36] um Triangle Point is located on 425
[12:38] bypass. We applied for the KPDI
[12:42] uh grant and were awarded that a grants.
[12:44] And so the grant was for due diligence
[12:46] reports. The first step in marketing a
[12:49] site. Um the first thing any potential
[12:52] industrial client's going to ask for is
[12:54] the due diligence reports. So, we have
[12:56] to start with there to know where we're
[12:58] where we can go with the site. Um, and
[13:01] so those those reports came back and are
[13:03] completed and I wanted to share that
[13:05] with you all. Um, also to talk about
[13:08] what's next with that site. So, um, the
[13:11] reports came back really good. Um, the
[13:14] environmental, there were no concerns
[13:15] with environmental, um, geotech, all the
[13:18] things, um, that we needed to do. We had
[13:19] an alta survey done. Um, the site sits
[13:23] positioned really well for development.
[13:25] there was utility infrastructure put in
[13:27] for um Pratt Industries and so that
[13:31] infrastructure is there and ready to
[13:32] serve on this site. Again, it's 56
[13:35] acres. Um one of the things that won't
[13:37] come to a surprise to most of you all um
[13:40] is there will be some soil stabilization
[13:43] needed on that site. Um we've seen that
[13:46] on many developments in Henderson.
[13:48] Pretty much anything we've developed is
[13:49] part of our um geological makeup um with
[13:52] our soil. So, um, some soil
[13:55] stabilization would be needed on the
[13:56] site. Couple other things, um, that we
[13:59] learned through this process. And I
[14:02] should have said, uh, QK4 did this work
[14:04] with some partners, but QK4 is who we,
[14:07] um, had do the due diligence work. They
[14:09] did a lot of the work on the 425 bypass
[14:12] site where Pratt is now located. And
[14:14] just as a reminder, this is adjacent
[14:16] just to the west of uh, the Pratt
[14:18] property. So, one of the things um that
[14:22] was recommended from QK4 for next steps
[14:25] um would be a grading plan for that
[14:27] site. Uh we would be able to balance
[14:29] that with the dirt, but there's about
[14:31] 260 cubic yards of dirt work that's
[14:34] needed to be done, some soil
[14:35] stabilization, and some entrance it in e
[14:39] eress ingress on that site. So, um,
[14:42] we're fortunate that there are two
[14:44] access points from 425, um, but we need
[14:47] to look at some improvements that would
[14:49] be needed to get those access sites, um,
[14:51] through KYTC.
[14:53] And so, just wanted to give you that
[14:55] quick report on the we've completed the
[14:57] KPDI. Um, the total cost of that initial
[15:01] assessment or due diligence reports was
[15:03] about $160,000.
[15:05] Um, in all total, the grant was for
[15:08] about 140,000. So total out of pocket is
[15:12] been about $20,000. Um we split that uh
[15:15] we haven't seen those invoices come
[15:17] through yet, but as it's anticipated we
[15:19] would split that between the city and
[15:21] the water utility. Uh when we we first
[15:23] did this purchase of that land, that was
[15:25] something we discussed. So I wanted to
[15:27] talk just a little bit about next steps.
[15:30] KPDI is open for the next round. I
[15:33] personally think that this may be the
[15:35] last round of KPDI as it exists now. um
[15:39] this is approved every year through the
[15:40] legislature. Um and so I think that what
[15:43] we'll see in the future is some
[15:44] different form of product development,
[15:46] but in the way it sits now, um I think
[15:48] this will be the last round for that.
[15:51] And so I anticipate that this would be
[15:53] the last round. Um we are now what's
[15:55] designated as a heritage county.
[15:57] legislation made some ch legislator made
[15:59] some changes last year to Kentucky
[16:02] incentives and to the so the map they
[16:05] designated us as a heritage county and
[16:08] um so with that being said we are now
[16:11] allowed up to $2.5 million of grant
[16:14] money through Kentucky product
[16:15] development initiative for projects and
[16:18] with that also in our population there's
[16:22] a formula they use we are required to
[16:24] have a 20% match on any KPDI project.
[16:28] So, um, a $2.5 million project, we're
[16:30] looking at $500,000 would have to be
[16:32] local match. So, not saying that we
[16:35] would spend $2.5 million on the next
[16:37] project, but just for those numbers for
[16:39] reference. So, I think next steps, what was recommended from um QK4 would
[16:45] be raising the house that sits on that
[16:47] site. I talked to you all about that
[16:48] before. Um, but that the house being
[16:51] there limits what type of development
[16:53] can be in there. And I should have said
[16:54] if you see the picture on the front of
[16:56] this um this made me very excited. I was
[16:59] really concerned about what size
[17:01] building could fit on that site. Um and
[17:03] this is realistically this it's over a
[17:05] million square ft of what QK4 says can
[17:08] fit on that site with having parking and
[17:11] all the access that they would need for
[17:12] truck traffic and things like that. So
[17:14] that's really exciting that that size of
[17:17] a manufacturing facility could fit on
[17:18] that site. Um, so next steps again would
[17:22] be raising that house. Um, the dirt work
[17:25] to grade that to be truly shovel or
[17:27] build ready. Um, and potentially some
[17:30] work for the access points off 425.
[17:34] So the letter of intent for KPDI, it's
[17:36] just a letter that I would need to
[17:38] submit that says, hey, we're looking at
[17:40] submitting for a project and this is
[17:42] what the scope of the project could be
[17:44] is Friday. I anticipate submitting that
[17:46] letter. there's no commitment, financial
[17:48] commitment at that point. When we get to
[17:51] submitting the request for information
[17:53] in September, that's when we will need
[17:55] to discuss what the matching what the
[17:57] total scope of the project would be, and
[17:59] what how the matching funds would come
[18:02] into play. But I just kind of wanted to
[18:03] give you this intro to where we've been,
[18:06] where we are, and where we think the
[18:08] next steps for that site is. Uh we have
[18:11] just really started marketing that site
[18:12] and have already seen some interest. Um
[18:15] we have I've talked with the mayor about
[18:16] this. We have submitted that site
[18:18] already um for an industrial type
[18:20] project. That's very preliminary and I
[18:22] don't want anyone to think that tomorrow
[18:23] we're going to have a big announcement.
[18:25] Um that's just the first step of saying
[18:28] hey this site is here and available in
[18:30] Henderson, Kentucky.
[18:32] >> Any questions?
[18:34] >> So you don't need any formal action from
[18:36] us today?
[18:37] >> No.
[18:37] >> But it sounds like sometime maybe later
[18:39] on in August. Yes. You're going to come
[18:40] back and at that time we need to
[18:42] >> authorize do some planning on what the
[18:43] project looks like. I anticipate in the
[18:45] letter that we'll put that we are
[18:47] looking at [clears throat] a grading
[18:48] plan that raising of the house the
[18:51] things we talked about and that total
[18:53] those things total from the estimates
[18:55] that QK4 gave us is over $3 million. Not
[18:59] saying that we have to do all those but
[19:01] this is the whole step so that if there
[19:02] is another round of KPDI the next year
[19:05] or some other form they know what our
[19:07] long-term plan is because we know that
[19:10] economic development is the long game.
[19:12] It's not the short game. And so, you
[19:14] know, we may be able to only do this
[19:15] portion of the of the project this year.
[19:18] Um, but moving it out forward to what
[19:21] could be next.
[19:23] >> And deal. Anybody have any questions or
[19:25] concerns or suggestions, anything like
[19:26] that?
[19:27] >> No, thank you for looking at it.
[19:28] >> Yeah, I appreciate the partnership. Um,
[19:31] so fortunate if you go through this
[19:32] book, all the partnerships are listed.
[19:33] So, I appreciate the partnership um and
[19:36] the work on the future development of
[19:38] that site.
[19:38] >> Thank you.
[19:39] >> Thanks. And and I will say
[19:43] >> economic development is sometimes like
[19:44] planting a plum tree. Uh where you plant
[19:47] a seed now, but it may take five or six
[19:49] years before it bears fruit.
[19:50] >> And uh and so I I admire what you're
[19:53] doing now and what we're doing now
[19:55] because it's these things are necessary
[19:57] for the future growth and future
[19:59] industrial builds in Henderson. So yeah.
[20:01] >> Yeah, I appreciate that. And just want
[20:02] to just one little thing that I wanted
[20:04] to mention also in 2019 we a we were
[20:07] awarded a KPDI. We were a pilot program
[20:09] for this KPDI. We were one of the one of
[20:12] three in the state that received funding
[20:14] that [clears throat] first year and that
[20:16] is where Pratt sits now. So, just a
[20:18] reminder that KPDI works. Um, it is an
[20:20] investment and it's the long game as you
[20:23] just mentioned. So, thank you.
[20:24] >> Good deal. Thank you, Missy. Appreciate
[20:25] it.
[20:27] >> All right. With that, we have a consent
[20:29] agenda. The consent agenda contains the
[20:32] minutes of the July 21st, 2026 called
[20:34] meeting. Resolution number 52-26
[20:37] resolution accepting human resources
[20:38] report dated July 28, 2026, approving
[20:41] all actions contained within and
[20:42] authorizing the mayor to execute any
[20:44] necessary contracts for employment.
[20:46] Resolution number 53-26, resolution
[20:48] approving the city manager to execute
[20:49] funding agreements with certain
[20:50] nonprofit organizations for fiscal year
[20:52] 2027 consistent with the city of
[20:54] Henderson fiscal year 2027 budget and
[20:57] municipal order number 64-26 approving
[20:59] NSAFE incorporated consulting contract
[21:01] for consultation services of the city of
[21:03] Henderson's landfills permitting and
[21:05] regulatory compliance including closure
[21:07] activities and authorizing the mayor to
[21:09] execute the agreement.
[21:10] >> All right. Do we have any item any
[21:12] commissioner would like to pull for
[21:13] further discussion
[21:15] hearing? Hearing none, I'll entertain a
[21:16] motion to approve, please.
[21:18] >> We have a second.
[21:18] >> Second.
[21:19] >> Roll call, please.
[21:20] >> Commissioner Puit.
[21:22] >> I.
[21:22] >> Commissioner [clears throat] Harkus.
[21:23] >> I.
[21:23] >> Commissioner Thomas.
[21:24] >> Hi.
[21:25] >> Mayor Stton.
[21:26] >> I. U. Next up, we have the second
[21:28] reading of an ordinance amending chapter
[21:30] 13, nuisance relating to clutter.
[21:32] >> Ordinance number 17-26, ordinance
[21:34] amending chapter 15, nuisances. An
[21:36] ordinance amending chapter 15 nuisances,
[21:38] article 1 and general section 15-1,
[21:40] prohibition of the code ordinances of
[21:42] the city of Henderson.
[21:43] >> All right. Uh do we have a motion to
[21:44] approve, please?
[21:45] >> So moved.
[21:45] >> We have a second. Second.
[21:47] >> All right. Before we have any other
[21:48] discussion, uh we did have one person
[21:50] sign up who would like to speak to us. I
[21:52] think about this. Is this Dean? Is this
[21:54] where you wanted to speak, sir?
[21:55] >> All right. Dean Spooner. Uh if you would
[21:57] if you'd come up to the podium and
[22:00] repeat your name, tell us your address
[22:01] and tell us what's on your mind, sir.
[22:03] >> All right.
[22:04] Hi.
[22:06] >> I'm Dean Spooner. Uh Reverend Spooner.
[22:09] Um uh 212 [clears throat] Barker Road.
[22:12] Um, I work a day job so I had to take
[22:14] time off and if it was in Henderson I
[22:17] would have had to anyway but I my day
[22:18] job's in Owensboro so that I'm here just
[22:21] it's no small thing from my perspective
[22:23] and I know you guys are very respectful
[22:25] and appreciate things like that. When I
[22:27] look at the proposed ordinance uh 17-26
[22:32] uh the nuisance clutter, I know I can I
[22:36] have a good idea what you guys are
[22:38] dealing with and what you're trying to
[22:39] do uh for the good, but you know,
[22:42] there's always going to be exceptions
[22:44] among us. Um there are in my opinion,
[22:47] probably yours and everyone, there are
[22:48] lazy people and slob people and there
[22:50] are neat people and all this, right?
[22:53] and the law can kind of reduce and
[22:55] eliminate um clutter and nuisance, but
[22:58] you're never going to get away with it.
[22:59] Someone's always going to be a knob. And
[23:01] you guys know this, and this is the
[23:02] challenge, I think of this, but when I
[23:04] come to section 15-1B
[23:07] and under 0.1,
[23:09] it just I think it goes a little too far
[23:11] here. An accumulation of any item, even
[23:14] if in good condition and orderly,
[23:17] constitutes a nuisance if it exceeds
[23:20] what is reasonably necessary for
[23:21] ordinary residential use. As a citizen,
[23:24] [clears throat] you, the city
[23:25] government, are going to define what is
[23:27] ordinary residential use. And how
[23:30] [clears throat] are items stored on a
[23:33] personal property, private property, in
[23:35] good condition and an orderly manner,
[23:38] constituting a nuisance?
[23:42] how or inconsistent appearance on
[23:46] private and I'm emphasizing private
[23:50] property. Some people have more means
[23:52] than others. Some have more wealth and
[23:53] options than others do. And I just see
[23:56] this as an if you pass this as an
[23:58] intrusion on private property and on the
[24:00] citizen. And I think when you deal with
[24:02] this issue, it's the same with like our
[24:04] um our peace officers, our police, and
[24:07] our courts. they could be much more
[24:08] efficient and effective if they weren't
[24:11] hamstring by those uh bill of rights
[24:13] those those first five particularly
[24:15] right and so I'm also concerned about
[24:18] this that as you go on this you need as
[24:19] government you need to tread very very
[24:22] lightly on people's private property I
[24:25] know that's a I'm pretty think that's a
[24:27] concern of each and every one of you but
[24:28] I'm thinking that this is going too far
[24:30] and when I go to section 52B
[24:33] and then it's like the presence of more
[24:36] than 10 substantially similar items of
[24:39] the same general type and then there's
[24:42] arbitrary list arbitrary number.
[24:46] Um I mean does this include orderly
[24:50] stacked stored in good condition
[24:52] firewood to point C that's under tarp or
[24:55] plastic. And so this is Pandora's box
[24:59] here and it's intruding and then this is
[25:01] going to change or grow and be and the
[25:04] very fact in section two there a
[25:06] property owner may rebut this
[25:08] presumption
[25:10] by requesting a hearing before the code
[25:12] enforcement board. To me that is a self-
[25:15] admission that this ordinance is already
[25:19] admitting that it is overreaching in the
[25:21] private property. I would have you rebut
[25:26] this presumption from this proposed
[25:29] ordinance. Why put the burden on me
[25:31] suddenly because someone complains
[25:33] against me and then I have to appear
[25:36] before a board of people I didn't even
[25:38] vote for and defend my property and go
[25:40] pay out for legal expenses myself
[25:44] for for for what? So, I I just see
[25:47] there's room for grave error here and uh
[25:50] I oppose the adoption of this as it
[25:52] stands. And you're welcome to come by
[25:54] 212 Barker Road right now or later
[25:56] [clears throat] this week. I think my
[25:58] property is in good order, reasonably
[26:00] stored and stacked. Uh you won't find
[26:02] anything under a tarp or piece of
[26:04] plastic. But you know what? If I so
[26:07] choose on my personal property to want
[26:09] to do that for a while, my wife and I, I
[26:12] don't think it's any of your as a city
[26:15] government officials business.
[26:18] I understand the alleyways, the
[26:21] sidewalks, and public safety aspect of
[26:24] things here. There's some you got a good
[26:26] thing, but I think some of these points
[26:28] I just raised, I think are just too wide
[26:31] open, too problematic. And I just wanted
[26:33] to share that with all of you. So, thank
[26:35] you respectfully.
[26:36] >> Thank you.
[26:38] >> Appreciate it.
[26:38] >> Yeah.
[26:39] >> And and I have uh before you take off,
[26:41] >> de
[26:43] I was just going to vouch for you. I've
[26:45] had a conversation with you at your
[26:47] house before
[26:48] >> and I've never have I didn't notice then
[26:50] that you kept an an orderly house. I
[26:52] thought it was an So, yeah.
[26:54] >> Well, and you know, you know, we all can
[26:56] be I think this is more at the
[26:57] neighborly level.
[26:59] >> I wish we could do [clears throat] this
[27:00] better at the neighborly level. And if
[27:02] my neighbor has their lawn, you know,
[27:04] I'll say I generally start with
[27:06] something else. You can be a horse's
[27:07] butt to your neighbor, but just be kind.
[27:08] Sometimes just ask them to mow their
[27:11] lawn for them. Some, you know, if we can
[27:12] just help out one another and leave
[27:14] that, maybe encourage that. But when the
[27:16] more you ratchet down on what I've just
[27:18] highlighted, I think it's going too far
[27:19] and opening up too much into an
[27:21] intrusive area that's going to have to
[27:24] change or be worked. And then you put
[27:25] the citizen like me now suddenly, we're
[27:29] all put under the
[27:31] you know, I mean, under the burden of
[27:33] defending ourselves
[27:35] by some board or whatever. So, anyway,
[27:37] thank you.
[27:38] >> Thank you for coming. We appreciate it.
[27:40] [clears throat] U Don, I think you and
[27:43] Steve might uh might have had some
[27:44] things to to talk about about this
[27:46] ordinance.
[27:47] >> Well, um first I'm going to say that I
[27:51] appreciate you coming. Uh whenever you
[27:53] write a warning not on news, you're
[27:56] really trying to balance the rights of a
[27:58] property owner to enjoy their property
[28:02] um and use their property with the
[28:04] rights of the neighbors to be able to
[28:06] enjoy their neighborhood that are safe,
[28:09] that are clear from clutter that don't
[28:12] um negatively affect their value. And so
[28:15] what has happened for us in the last few
[28:19] years is we continue to get complaints
[28:23] about clutter uh and the way that our
[28:27] clutter ordinance was written. There
[28:29] were many complaints that we could not
[28:31] do and I showed you photographs
[28:35] um on two different occasions. Rocky to
[28:38] the commissioner to get instruction from
[28:40] you all as to how you would like to do
[28:42] this. One of the issuings became how do
[28:46] we know what's excessive? Like, and I
[28:48] showed you um a house that had just
[28:53] numerous bicycles lining up in front of
[28:55] it, numerous. And so, and we had
[28:59] received repeated complaints about that
[29:02] property. And I know that several of the
[29:04] commissioners here had received the
[29:06] express complaint. So we wanted to make
[29:10] it clear as to the property owners
[29:14] understand [clears throat]
[29:15] when you say what trees will necessary
[29:17] set a standard that they can measure 10.
[29:21] But if 10 if you don't believe in your
[29:24] home or your yard that 10 is the
[29:27] appropriate number, you have the right
[29:29] to have the code of course report. You
[29:31] don't need an attorney. I don't think
[29:34] we've ever had Well, we had one
[29:36] demolition where we had a person
[29:39] represented by an attorney at 5:30 on
[29:42] the fourth Monday of the of the uh month
[29:46] and just come and explain. They have
[29:48] always been very open about it and
[29:50] reasonably, but at some point we had to
[29:53] set a more defined standard so that we
[29:57] could go out and address the issues that
[30:01] we kept having. The other issues that we
[30:03] just kept having over and over, not only
[30:07] is like not items in disrespect, but in
[30:10] excessive amounts was the items that are
[30:14] in on driveways and car porch, front
[30:19] porches, back porches where you can see
[30:21] them from a reasonable view. And so, um,
[30:25] we also show you photographs of those.
[30:28] And so, in this situation, we have
[30:30] expanded the clutter ordinance in this
[30:34] sense, but we've really clarified it so
[30:37] that our code enforcement officials when
[30:39] they go out to see um these complaints
[30:43] and we are complaint driven at this
[30:46] point. We are complaint driven. So, we
[30:48] do not have code enforcement officers
[30:51] out looking. they go out to respond to
[30:54] res to to complain that they have the uh
[30:58] right to file a notice of violation and
[31:02] recognize that the way the code
[31:04] enforcement works if you get a notice of
[31:06] violation that gives you x amount of
[31:09] days to remedy it no problem. If it's
[31:12] not repeated within that amount of time,
[31:14] then there's a citation. At that point,
[31:16] you have the right to come to the code
[31:18] enforcement court and say you well, you
[31:21] actually have two rights. You can clear
[31:23] it up before code enforcement gets
[31:25] withdrawn and we don't do anything or
[31:28] you can come to code enforcement court
[31:29] and explain why you believe that this
[31:33] act this does not qualify under the
[31:36] definition of butter. And that's what's
[31:38] written as a rebuttable presumption. So
[31:41] that's how that was constructed
[31:44] [clears throat] and and we brought it
[31:46] back to you all and you know I wish we
[31:48] could write the perfect ordinance. Um
[31:52] they're always and I believe when we
[31:54] presented it to you last time you know
[31:56] we knew that there we may have to come
[31:58] back again but it's always about
[32:00] balancing you know the city's police
[32:03] powers um property rights because people
[32:06] have the right I do also want to say
[32:08] that you can have an accumulation of
[32:13] items under our ordinance that just
[32:16] can't be an ordinary view. So if you
[32:18] want to have an accumulating amount of
[32:22] items, you can have that on your
[32:24] property. It just can't be ordinary. So
[32:28] I hope that
[32:29] >> No, no, no. Thank you. Yeah. Yeah.
[32:31] [clears throat] This is this has been a discussion this Oh, Steve, please come
[32:34] up.
[32:35] >> Uh I saw you heading up here. This is
[32:37] this has been a a part of an ordinary
[32:39] discussion or part of a discussion that
[32:40] we've had at meetings now for a few
[32:42] months. Uh, and we've talked about a lot
[32:45] so far, but Steve, go ahead and and uh
[32:47] >> I mean, it would be great if in the
[32:48] ordinance we can put treat your neighbor
[32:51] as you want to be treated, but that's
[32:53] just not enforceable. Um, and and really
[32:56] what we're doing is we're trying to
[32:57] address those places where um it's in
[33:00] someone's backyard. You know, it's it's
[33:02] not a problem if it's not in your
[33:04] backyard. Uh, but we're getting calls
[33:06] from people who have trash. uh their
[33:09] neighbor is is is throwing all their
[33:12] trash bags in the backyard, you know, or
[33:14] and mice are coming and bugs and there's
[33:17] mosquito infestations, you know, pools
[33:20] left unattended, you know, things like
[33:21] this. These are the things we have to
[33:23] deal with, but we can't really uh some
[33:26] of the things um are are really hard to
[33:29] enforce. Um and uh so we're trying to
[33:32] address those things that are difficult.
[33:34] This is difficult.
[33:35] >> It is. It is. I don't care any way you
[33:36] spend it, whoever you are, this is very
[33:39] difficult. We want balance of of power
[33:41] in the hands of the people, but we also
[33:43] don't want the people to wreck each
[33:44] other, you know. So, we have that
[33:46] balancing act of when does this become
[33:49] destructive to my property value?
[33:53] You That's a good question. If I'm
[33:55] trying to sell my house and I've got
[33:57] somebody next door with all kinds of
[33:58] stuff in the back of a trailer that's
[34:00] been there for 3 months and everybody
[34:02] that's coming to my house sees that and
[34:03] they can't I can't sell my house. When
[34:05] does that become the issue? So we have
[34:08] that balance. We don't want to take all
[34:10] the power away from citizens
[34:13] but we also don't want citizens to
[34:15] control each other at the same point. So
[34:17] we're trying to create something that is
[34:19] actually enforcable that is fair and
[34:23] that ain't easy. [laughter] That is a
[34:25] hard thing to do.
[34:26] >> So, we haven't really changed a lot.
[34:28] What we did change is the number. Yes,
[34:30] we changed the number uh of of of items
[34:33] someone can have. We did put a number on
[34:34] that because really um you can have 100
[34:38] bicycles in your basement, not a
[34:40] problem. When you have 20 bicycles in
[34:42] the front yard of your house and that's
[34:44] impacting my property value, that's kind
[34:46] of a problem. Uh you can have as many
[34:49] trash bags inside your house lining up
[34:51] the hallway. I don't care as long as no
[34:53] one else sees it and it's not impacting
[34:55] your neighbors. It's about treating your
[34:58] neighbor the way you want to be treated
[34:59] and and we can't enforce that. But there
[35:01] is a balance in there we're trying to
[35:03] find and that's really what's before
[35:05] you. Uh how are we going to create the
[35:07] balance that's needed here as a
[35:09] commission? You guys are the ones that
[35:11] get to decide what goes in our
[35:13] ordinances. And I don't envy you guys
[35:15] that decision. We brought this before
[35:17] you to try to help. We're really here to
[35:20] help you however we can.
[35:22] >> So ultimately the decision is on you in
[35:24] your guys's hands. Uh and we've
[35:27] developed this, you know, to try to help
[35:28] you in any way we can. And again,
[35:30] [clears throat]
[35:31] um this isn't easy,
[35:33] >> right?
[35:34] >> But we want to do what's right. You
[35:36] know, at the end of the day, let's do
[35:38] the best thing.
[35:39] >> So,
[35:41] uh that's where we are.
[35:42] >> Okay.
[35:43] >> Thank you.
[35:44] >> Bless you guys. Steve, stay.
[35:47] >> I read it. I read the ordinance. Me and
[35:49] the mayor, we were talking before the
[35:51] meeting and I that's the one kind of
[35:54] thing that jumped out on the agenda
[35:56] today was to me,
[36:00] we know the balance. Just like in my
[36:02] house, I don't want somebody over. Hey,
[36:03] if I'm sell my house, you got a whole
[36:04] bunch of junk over, you know, I Hey,
[36:06] y'all got to get him. I get that. But it
[36:09] looked like to me it went a little
[36:11] further than it should. Especially on
[36:13] some stuff about tarping, you know,
[36:15] having tarps. If somebody goes to the
[36:19] extent to try to cover it up, I think we
[36:21] should give them the benefit of the
[36:22] doubt.
[36:23] >> That's a good question. I mean, we have
[36:25] the only reason we brought that is
[36:26] because it was a very popular um
[36:28] complaint. Uh we're not bringing you
[36:30] complaints that are not like out there.
[36:32] We're making them up. These are
[36:33] complaints that come in our office all
[36:34] the time. So, people complain about a
[36:37] pile of junk in someone's yard and all
[36:39] they do is they cover it up with a tarp
[36:40] and then it's all it's not there
[36:42] anymore, but the pile of junk is still
[36:44] there. There's still rodents. there's
[36:45] still stuff happening, right?
[36:47] >> Uh it's just covering it like you know
[36:49] >> commissioner for if you remember when we
[36:52] came both times to present this we
[36:54] present in September and then we present
[36:56] it again that was a question that we put
[36:58] forward we put pictures up and we asked
[37:01] the commission do you want to prohibit
[37:04] that or do you want to allow it and we
[37:06] were instructed to prohibit it.
[37:10] So just for me
[37:12] >> when I read it, it was a lot of
[37:15] >> what do I think
[37:16] >> is clutter, you know, and
[37:20] >> so something about that it it doesn't
[37:23] hit me just right. But here's what I
[37:24] really truly think I would want to do at
[37:26] this point
[37:27] >> for us to have something like a open
[37:29] meeting with the public, have them
[37:32] speak, tell them what we're thinking,
[37:34] what we're trying to get to, and see can
[37:36] we come to the middle. I just think that
[37:38] would be better on certain this this
[37:41] clutter thing
[37:42] >> because
[37:44] >> are the ones that are doing this are
[37:47] they going to attend that meeting?
[37:49] >> Well, at least
[37:49] >> I would say probably not.
[37:50] >> Well, at least we gave him a shot.
[37:52] That's just me. I think because the
[37:55] gentleman that spoke, Mr. Dean.
[37:56] >> Yeah.
[37:57] >> I I think he hit some great points
[37:58] because when I did read it,
[38:01] >> I told the mayor, I said, "Hey, some
[38:03] stuff in here.
[38:04] >> I don't know if
[38:07] I know it's not easy.
[38:09] >> Well, [laughter] and I'll tell you
[38:10] where. So, so, uh, Commissioner Pru and
[38:12] I did talk and, uh, I think we're coming
[38:15] at it from from two different
[38:16] viewpoints, which is healthy, which is
[38:17] what you want on a commission. You want
[38:19] different people to represent different
[38:20] viewpoints, right? Um, I think I think
[38:23] Reverend Spooner made a good point about
[38:24] firewood especially, right? You know, if
[38:26] you got firewood and you're living out
[38:28] outside the side of your house and
[38:28] people can see it and you got a couple
[38:30] stacks of it, then that technically
[38:32] violates what's on paper here. Uh but I
[38:36] also think that uh one of the number one
[38:39] complaints that I've gotten over the
[38:40] years are codes related and it's not uh
[38:44] it's hardly ever because of the
[38:46] performance of the codes department. You
[38:48] all are operating within the laws that
[38:50] we provide to you to operate within.
[38:53] >> Sure. Uh, and so if something says that
[38:55] somebody hasn't cut their grass and you
[38:57] go out and issue a citation and then
[38:59] they have three weeks to cut their
[39:00] grass, a lot of times they wait those
[39:01] three weeks, they cut their grass and
[39:03] then you have to start the process all
[39:04] over again. If they're habitual
[39:06] offenders, there's very little to do
[39:08] there. And so what I'm seeing on paper
[39:10] here is there is some room for open
[39:14] interpretation for the codes department
[39:16] which I don't think is necessarily
[39:17] unhealthy because I believe that in
[39:21] order to get to the things that are of
[39:24] concern to people you for example the
[39:26] bicycles you know early on I was reading
[39:28] some stuff on the internet where Adam Bl
[39:30] said something about bicycles on his
[39:31] Henderson Live page uh where he said you
[39:34] know what if all the neighbors came over
[39:35] and parked their bikes there you're
[39:36] going to be in violation of it. Well, I would think that we would be able to
[39:40] have the discretion of a neighborhood
[39:42] get together and a difference between
[39:46] having that and junk bicycles par, you
[39:48] know, piled up for 6 months that
[39:50] somebody's been complaining about three
[39:51] or four times and you don't have
[39:53] anything to to enforce by.
[39:55] >> And so for me, the the the by clarifying
[39:58] the clutter, it gives you a little bit
[40:00] more teeth when you need it,
[40:02] >> but not more teeth when it's not needed.
[40:05] Uh uh and and so that's kind of the way
[40:07] that I'm taking it is that we we we
[40:11] would create a framework for our codes
[40:13] department to have a little bit more
[40:15] teeth whenever it's needed whenever we
[40:17] get these types of complaints because
[40:19] one of the most frustrating things for
[40:20] me over the years uh anytime we're in a
[40:23] situation where we can't fix it is
[40:24] frustrating for me. If somebody's got a
[40:26] complaint and we can't fix it, it's
[40:27] frustrating. And and so if this allows
[40:30] you more teeth to fix certain situations
[40:32] or to address certain situations, then
[40:35] it it actually is helping to prop up the
[40:38] freedom of people who want to live their
[40:39] life happily without these types of
[40:41] things next door to them. Uh and so
[40:43] there's there's all different kinds of
[40:44] angles to to look at from it. I'm
[40:46] positive this wasn't uh some evil person
[40:49] trying to to put her spin on it or his
[40:52] spin on it from an elite standpoint and
[40:54] all this other crap that people say
[40:56] online, which I find a little
[40:57] frustrating. Uh this is this is a this
[41:00] is an exercise based on the the number
[41:02] of complaints that we get and and uh the
[41:04] sheer amount of of complaints that deal
[41:07] with codes that you guys do not have uh
[41:09] the ability to address. We're trying to
[41:11] make it so that you can address them
[41:13] more. Uh, and I did see some stuff in
[41:15] here that uh it's not perfect. Uh, but uh uh I I do think it uh I do think
[41:22] it's at a point where it does provide
[41:24] for you the intent of what it's supposed
[41:27] to provide. And that's just giving you a
[41:29] little bit more teeth where you get an
[41:30] honest complaint that you apply your
[41:32] discretion and you're able to address it
[41:34] versus getting a complaint, going out
[41:36] and looking at it and not being able to
[41:38] address it because we don't have it
[41:39] written into our local laws. And so
[41:42] there is a balance. So it's very
[41:43] difficult.
[41:43] >> Yep.
[41:44] >> If a person has an open carport and you
[41:47] ride behind and you see something, you
[41:48] say, "Hey, y'all got to do something
[41:50] with that." And they tarp it. Are they
[41:52] in violation?
[41:54] >> No. Currently, no.
[41:55] >> I'm talking No, I'm saying once if we
[41:58] were past this person has a carport, I
[42:01] don't say they got 15 bicycles.
[42:05] >> Mhm.
[42:06] >> And they tarp them, but you can't see it
[42:08] from the street, but it's under their
[42:10] carport.
[42:10] >> Yeah.
[42:11] >> Are they in violation? Okay. Would be
[42:12] with this from the street from ordinary.
[42:17] So it would depend. So it would depend
[42:20] where the you know in the carport.
[42:22] >> So if it were in the back quarter of the
[42:24] carport and you could not see it because
[42:27] if the definition if you saw when you
[42:29] reviewed it is from ordinary view.
[42:32] >> It's where anybody can see.
[42:33] >> Not from ordinary view from the street
[42:35] then no it is not. But if it were within
[42:38] ordinary view of the street,
[42:41] >> see that's where my problem is.
[42:42] >> But they could also tarp trash.
[42:44] >> Well, I know. But
[42:47] >> I know I know where we're trying to get
[42:49] to because
[42:50] >> we're here to help [laughter] you.
[42:51] However,
[42:51] >> I know where we're trying to get to, but
[42:53] I I
[42:55] >> you know, my my opinion is
[42:57] >> I'm like think
[43:00] I don't like government overreach at
[43:01] all.
[43:01] >> Yeah. But as a city, if you call and
[43:05] complain on your neighbor, the worst
[43:08] thing we can do is say, "We can't do
[43:09] anything about it. Sorry." Which is
[43:11] what's happening now. Because we don't
[43:13] have the rights or the means to do this.
[43:15] Now, if we put some teeth into it, we
[43:18] can address these complaints. And I can
[43:20] guarantee Steve not going out looking
[43:22] for clutter. He's got too much other
[43:25] stuff on his plate. At least we can
[43:26] address complaints that we get. Now, now
[43:29] if something happens like in the DARP
[43:31] issue,
[43:33] we can come back and address that again
[43:35] just like we're doing now. We got an
[43:37] ordinance now. We're addressing it now.
[43:38] We're changing something in it two
[43:40] months down the road. We go right back
[43:42] and you build some of this stuff where
[43:45] we want we screwed up on something.
[43:47] Fine. Let's go fix it. You know, a month
[43:48] down the road.
[43:49] >> And the other thing is every month Steve
[43:52] files a report. He files a written
[43:55] report with the code enforcement board
[43:58] every month as to what the complaints
[44:01] were that they wrote up what the
[44:04] citations were. He he does it every
[44:06] month. So I'm not suggesting this that
[44:10] this could be to address your issue is
[44:13] that Steve can forward you all the
[44:16] report that he forward the code
[44:18] enforcement board every single month and
[44:20] that way you would see are there any
[44:23] clutter ordinances
[44:25] violation that you all want to see with
[44:28] targeting and that way uh I think that
[44:31] might address what you're talking about
[44:34] >> the repeaters
[44:36] so Um, so that report's already in
[44:39] existence. All it would be is you would
[44:42] forward it not just to our coordinate
[44:45] forward, but they would forward it.
[44:48] So, and I do a great way of you all
[44:51] being able to monitor where we are. Yes.
[44:55] >> And and I do I think that's good to get
[44:58] that report. You know, how many people
[44:59] reporting different things, but I know
[45:01] you're not out there doing that and I
[45:02] know the calls that you get and we get
[45:04] are for real.
[45:05] >> Yeah. But when I read that whole
[45:07] ordinance, that's just too much to me.
[45:11] That's just too much of do I think what
[45:14] I think is clutter. How many can you
[45:17] just you can only have 10 post these are
[45:19] brand new bicycles?
[45:22] >> Is that clutter? I don't know. That's where I'm at. Well, it's I would
[45:26] not be in agreement the way it is in
[45:28] your yard. You know,
[45:30] >> getting hung up on something like
[45:32] bicycles too when that is really not
[45:34] what we're talking about. We are talking
[45:36] about those extreme examples that we
[45:39] keep seeing, those extreme examples that
[45:41] you keep getting calls on, we keep
[45:43] getting calls on. And that is what it's
[45:46] intended to help, you know. Um, and we
[45:48] have to give them something to help in
[45:49] that way. And it's hard and I I hate it.
[45:52] is difficult.
[45:54] But the the situations that we are
[45:57] seeing, they are they're extreme. Um and it's unfortunate because I don't I
[46:02] don't want to overstep either, but
[46:04] people are taking
[46:07] advantage. I know you are not out there
[46:09] looking for wood piles.
[46:12] We are talking about
[46:15] the pictures that we're seeing because
[46:17] we we have to we have to know those
[46:20] pictures. We really do. That's right.
[46:21] >> Just like the one call I keep getting
[46:23] about the guy who keeps parking his
[46:25] trailer.
[46:25] >> Oh, yeah.
[46:26] >> Yeah. So, I get all that.
[46:28] >> But if we're going to have an ordinance
[46:30] and we're going to make it work, we got
[46:32] to make sure that it's right.
[46:34] >> Absolutely.
[46:34] >> If piles of wood like Miss Dean was
[46:38] talking about, if that's going against
[46:40] clutter and then we we pass this, we
[46:43] need to fix it before we pass it. You
[46:46] know, I don't think we it needs to be in
[46:48] there and then say, "Okay, well, if
[46:50] somebody gets cited for clutter and cut
[46:52] firewood, we'll bring it back and do it
[46:54] a month later." I don't think that's the
[46:56] right thing to do. If you're going to
[46:58] put it in, put it in, right? Put it in
[47:00] the first time, right? Let's just do it.
[47:02] It's no hairy to get to that. We can
[47:05] pass this in two weeks. We could go say,
[47:08] "Hey, let's if we got firewood and they
[47:11] cover it up or whatever, how do we get
[47:13] to this?" Uh let's don't say well let's
[47:16] we have to sight him because it was in
[47:19] there and make him go to a board make
[47:21] him go through all jump through all the
[47:23] hoops.
[47:23] >> Well it's what's reasonably necessary
[47:25] for a residential use of but imagine
[47:28] that a pile of fire would be reasonably
[47:30] necessary.
[47:31] >> Okay. Now how much is not reasonably?
[47:32] Who going give me that answer? Who can
[47:34] determine how much is not reasonably?
[47:37] Well, yes, with all things,
[47:39] Commissioner, we we uh we have to give
[47:43] some discretion or vote for portion, but
[47:46] due process allows people to address
[47:49] that.
[47:49] >> Well, that's that's taking citizens
[47:52] through something that we should define,
[47:54] not that he's if he walks up there and
[47:57] I've got a bunch of firewood, he may he
[48:00] wow, he burn he's keeping a lot of heat.
[48:02] >> Yeah, I was going to say firewood again
[48:04] is not what we're talking about. Well,
[48:05] but it's in there.
[48:07] >> It's in there. I'm not worried about
[48:09] what we're talking about. When you make
[48:11] laws that can be used against someone,
[48:14] >> you ought to make sure that it's right.
[48:16] Not we not we weren't talking about you,
[48:18] but since I'm here, I can still cite
[48:20] you. That's not That's not how you do
[48:22] it. You do it right. When I read a law,
[48:24] >> that's how he's doing it.
[48:25] >> When we read a law,
[48:26] >> if a police officer stops me, he said,
[48:29] "We didn't write the law up for that
[48:31] personally." Yeah.
[48:32] >> We we we're doing Well, let me speak.
[48:35] Okay.
[48:36] >> If a police officer stops me, he said
[48:39] the law really wasn't written for this,
[48:41] but it's in here and I I'm going to cite
[48:44] you.
[48:45] >> You're talking about abuse of power.
[48:47] >> That's right. There you go.
[48:48] >> We don't want abuse of power.
[48:49] >> That's right. All I want you to do if if a guy's got firewood and we can sight
[48:54] him, let's just say if it's firewood and
[48:56] it's neatly stacked or whatever, that's
[48:58] okay.
[48:59] >> Let's just do it. Let's just say it.
[49:02] Well, I mean there's there's always
[49:04] checks and balances with law typically
[49:06] so that we don't have abuse of power,
[49:08] right?
[49:09] >> So, I mean, whatever you guys want to
[49:12] do. Like I said, this is your decision.
[49:14] >> Whatever you guys want to do,
[49:17] >> Don say we can pass this and go back and
[49:19] amend it with firewood.
[49:22] We want to put that in.
[49:23] >> I mean, is it Harry to pass it today?
[49:25] Why don't we amend it and pass it in two
[49:27] weeks?
[49:27] >> Well, I'm going to be quiet because I
[49:29] know Josh is
[49:30] >> just quick question. So say somebody
[49:32] does call for a complaint and you go
[49:34] address it.
[49:35] >> Do they get an opportunity to correct
[49:37] before it's taken to obviously cited and
[49:40] taken to the company?
[49:40] >> So there's always a notice of violation
[49:42] and there's a certain period of days
[49:43] they have to correct that. If it doesn't
[49:45] get corrected then it goes to citation.
[49:47] They have more days to correct it. If it
[49:49] doesn't get corrected then we we stepped
[49:50] down.
[49:51] >> So good example I remember when we did
[49:54] um a fine schedule for fire code
[49:58] violations. One of the one of the one of
[50:00] the big questions was that you all asked
[50:03] me was are you going to go looking for
[50:05] it? No, we're not going to go looking
[50:06] for it. But it also again it gives us a
[50:08] point where we can we do set a standard
[50:11] that we can go by. And most of the time
[50:13] I can tell you I I may be wrong, but I
[50:16] don't think we've ever find anybody yet
[50:20] >> for your fire.
[50:21] >> No, not yet. But it it's but it's also
[50:23] having that standard saying, "Hey,
[50:26] >> this is what's got to be corrected and
[50:27] we're going to give you x amount of days
[50:28] to do that."
[50:31] >> Operated that way.
[50:32] >> And and two, so there are probably
[50:35] thousands of exceptions that we could
[50:37] think of
[50:38] >> that we could add and it could be a
[50:39] 200page ordinance and I don't think we
[50:41] want to end up there. No, I just I just
[50:43] think we should add in
[50:47] [clears throat]
[50:47] >> especially like when I'm out in country
[50:48] view,
[50:49] >> I see people got stuff in their carports
[50:52] and they and they got it tarped
[50:55] and but you can see it, you know,
[50:57] country roads are thin. I can see it
[50:59] from the street. Is that clutter? I just
[51:02] don't know if I'm going to tell them
[51:04] what you got tarped up under there cuz I
[51:07] can see it from the street. You're
[51:08] breaking a law. I just don't know if I'm
[51:10] there. Uh and [clears throat] and I
[51:11] don't want to come back and amend
[51:13] something if we can wait two weeks and
[51:15] fix it and then pass it like that.
[51:17] That's just me.
[51:17] >> Commissioner, if you remember, that was
[51:20] a question we had for the commission
[51:22] >> and we asked for your direction on
[51:25] tarping and the direction that was given
[51:29] was to include tarping. So that was that
[51:32] was
[51:32] >> well it might have been a mistake if we added that tarping. I think
[51:36] >> I think the the
[51:37] >> we need to look at
[51:38] >> I think the spirit of the tarping rule
[51:40] has to do more so with rodent control
[51:43] and things like that and and so so I I
[51:46] think that that when our codes
[51:48] department goes so first of all he Nolan
[51:50] said we're not doing uh proactive things
[51:53] we're doing reactive things so when we
[51:55] receive complaint
[51:56] >> complaint driven
[51:57] >> yeah complaint driven thank you so
[51:59] whenever they receive a complaint they
[52:00] go out and investigate they don't go out
[52:01] with a piece of paper in their hand and
[52:03] a citation they go out and investigate
[52:05] to see if it is in violation and and I
[52:08] think there's some leeway there for them
[52:09] to use their their their reason uh you
[52:13] know their reasoning capabilities when
[52:15] they go out
[52:15] >> and Steve I think you're right on time.
[52:17] Steve does a great job. He's not he's
[52:19] not bullying anybody.
[52:21] >> But I do think when I read a law if it
[52:25] says if you got something tarped under
[52:27] your carport and I can see it from the
[52:29] street it's breaking the law. I think
[52:32] our citizen deserve to know the law and
[52:34] know when they're breaking the law. If
[52:36] they're not breaking the law, then don't
[52:37] put it in there. That's just me.
[52:39] >> The ones who are abusing the TARP
[52:41] situation, [clears throat] how do we
[52:43] help them? How do we get to that? How do
[52:46] >> that's the whole thing? That's right. I
[52:47] get that because that's who it's
[52:49] intended for and and how do we help
[52:51] them?
[52:52] >> Well, I think this I think this is a
[52:53] this discussion is a good representation
[52:55] that I know where we get there's a lot
[52:57] of different opinions and we're not
[52:58] going to we're obviously not going to
[53:00] agree on it. However, I think we've got
[53:02] all the information that we need. If
[53:04] there are no additional questions or
[53:06] concerns or suggestions or anything, I
[53:08] think we've had a really healthy
[53:09] discussion about it. And I think we're
[53:10] at a point to where we should probably
[53:12] know which way we're going to vote on
[53:14] the issue.
[53:14] >> U so if there's no objections, then uh
[53:17] we've got a motion and a second. And
[53:20] >> let me say this before we do.
[53:21] >> Yes, sir.
[53:21] >> Um and if we decide if we find out
[53:24] something is wrong, one thing about this
[53:27] council, we will come back and fix. We
[53:28] will absolutely absolutely
[53:32] >> absolutely but I I think uh well we
[53:34] haven't done anything yet uh you know
[53:35] and uh we we've had a discussion so
[53:37] let's vote and however the vote turns
[53:39] out you are exactly right you know
[53:41] whatever we do if uh if we get out there
[53:43] and we learn that it's a mistake we will
[53:45] go back and correct it is you know but if it's not then we'll keep it in
[53:48] place uh if we vote to do that. So like
[53:51] to ask for a roll call please.
[53:53] >> Commissioner Puit
[53:54] >> no. Commissioner Hargus.
[53:56] >> Hi,
[53:56] >> Commissioner Thomas.
[53:57] >> Hi,
[53:58] >> Mayor Stton.
[54:00] >> Hi.
[54:02] >> All right. Thank you. And Reverend
[54:04] Spinner, thank you for coming. I really
[54:06] appreciate your information and thank
[54:07] you for being so respectful. Really
[54:09] appreciate it.
[54:09] >> You're welcome. Thank you.
[54:10] >> Um, next up, we have a municipal order
[54:14] authorizing the purchase of a customuilt
[54:17] barge.
[54:19] >> Municipal order number 65-26. Municipal
[54:21] order authorizing the purchase of a
[54:23] customuilt barge gangway and accessory
[54:25] handrail from Maritime Preservation and
[54:26] Training Foundation LTD for the
[54:28] furniture for sorry for the future
[54:31] display and birthing of the PTF26
[54:33] gunboat authorizing non-competitive
[54:35] negotiation pursuant to KRS 45A 380
[54:38] subsection 6 and authorizing the mayor
[54:41] to execute all documents necessary to
[54:42] complete the purchase.
[54:43] >> We have a motion to approve. Please
[54:45] move.
[54:45] >> Do we have a second?
[54:46] >> Second.
[54:47] >> And Buzzy, are you on the line?
[54:50] I am. Can you hear me?
[54:52] >> I can I can I don't know that there will
[54:54] be any questions because we've talked
[54:55] about this now three or four times. Uh
[54:58] but before we vote, does anybody have
[55:00] any questions for Buzzy about the barge
[55:02] purchase?
[55:04] >> Everybody, I think we're I think we're
[55:06] good. I think we got all the information
[55:07] that we're going to need. Um roll call,
[55:09] please.
[55:10] >> Commissioner Puit,
[55:11] >> I.
[55:11] >> Commissioner Hargus.
[55:12] >> Hi.
[55:12] >> Commissioner Thomas. Hi.
[55:13] >> Mayor Sten,
[55:14] >> I uh thank you. Thank you. And then last
[55:17] uh last before we go into executive
[55:18] session, we've got a resolution
[55:20] approving the submitt and acceptance of
[55:22] a grant application for a new ATRV.
[55:26] >> Resolution number 54-26, resolution
[55:28] approving submission of an acceptance if
[55:30] awarded of a grant under the Kentucky
[55:32] Office of Homeland Security, state
[55:33] homeland security grant program for an
[55:35] armored tactical response vehicle in the
[55:37] estimated total project amount of
[55:39] $371,950.
[55:42] >> Thank you. Can we mot?
[55:44] >> So moved.
[55:44] >> We have a second. Second, there's time
[55:47] I'll have Chief come.
[55:48] >> Yeah, absolutely. Uh Chief, do you mind
[55:49] to come to
[55:54] Commissioner Puit has a question for you
[55:55] >> real quick? Um the price that we can get
[55:58] this grant and the price uh it seems
[56:01] affordable, but I just want to relay
[56:03] this to you so that everybody watching
[56:06] would understand. Evansville is one
[56:09] beast. When it comes to crime, Hamilton
[56:11] is a different beast. I don't want to
[56:14] see this vehicle pull up every time we
[56:15] see policemen in a neighborhood. One
[56:19] reason why I don't want our people to be
[56:21] intimidated by military style stuff.
[56:25] >> So, one thing I could say is I was the
[56:27] chief in Evansville when we bought
[56:29] theirs and we did a very conscious roll
[56:32] out of it and we took it to community
[56:34] events everywhere. Um, like a couple
[56:37] weeks ago we went to the summer sizzler
[56:38] and fire department had the fire truck
[56:40] out shooting water. I would foresee us
[56:42] taking this to events like that, letting
[56:44] kids get in it, letting them see the
[56:46] inside of it, see what it is. These are
[56:48] not like where there's guns mounted at.
[56:51] You went toward the one with me, so
[56:52] you've seen them.
[56:53] >> They're a defensive tool. They're not an
[56:55] offensive tool. They're to keep our
[56:57] officers safe and to protect them. And
[56:59] furthermore, if, god forbid, we have a
[57:01] citizen gets shot or they're down
[57:03] somewhere, we have an active shooter, a
[57:05] bank robbery, a, you know, any kind of
[57:08] community event, if they're down and
[57:09] there's still shooting going on, we
[57:11] don't have a way today to get to them
[57:12] and get them out of there. With a
[57:14] vehicle like this, we could pull up,
[57:16] protect our officers, our first
[57:17] responders, and get somebody out of
[57:19] harm's way. So, it's a a defensive tool,
[57:22] and we would educate the community on it
[57:24] by taking it out, let them be in it. Um,
[57:27] one of the things Henderson's been
[57:28] involved with for years is the 911 gives
[57:30] hope for the holidays toy drive. A lot
[57:32] of time we get bicycles and stuff that
[57:34] we can't give out like in a hospital. We
[57:36] would take the Bearcat, fill it up with
[57:38] bicycles and we'd get a Santa Claus and
[57:41] we'd go around and just randomly find
[57:43] kids and just have a Santa Claus hop out
[57:45] and give them bicycles out of the back
[57:47] of the Bearcats. So things like that we could do to build trust and for
[57:51] the community to see that it's not a
[57:52] tool that they need to be afraid of, but
[57:54] something that's going to help them. And
[57:56] I think all that's great, but what I was
[57:57] trying to get across was
[57:59] >> it we're not going to be using it for
[58:00] everyone. Now, it it would be only if we
[58:03] have high risk warrants or things. I
[58:06] mean, you may once a month see us using
[58:08] it, something like that.
[58:10] >> Um, but it's not going to be all the
[58:12] time, but we do have needs for it in
[58:14] Henderson. And I think our number one
[58:16] priority should be keeping our first
[58:17] responders safe so they can help our
[58:19] people, and this would do that.
[58:21] >> Okay.
[58:23] Any other questions? No. Does anybody
[58:24] else have any questions for Chief Bolan?
[58:26] We we had this discussion a while ago uh
[58:29] you know and and the first time this
[58:31] came to us it was it was costly and and
[58:33] we said if you find a way to make it
[58:35] less costly uh and more affordable then
[58:38] uh then we could find a way to support
[58:40] it and you found a way and so we don't
[58:42] have the grant yet. I'm not overly
[58:44] optimistic we get it but
[58:45] >> yeah potentially found a way. There we
[58:47] go. Yeah. And so what we're doing here
[58:49] is we would just be voting on you to be
[58:51] able to apply for a grant that would pay
[58:53] for half of it. And if we apply for the
[58:55] grant that pays for half of it, we're
[58:56] basically committing that we'll pay for
[58:57] the other half if we get the grant.
[58:59] >> Uh and so for a $370,000 vehicle, it'll
[59:02] pay $185,000ish. I'm rounding. Uh and
[59:05] then we would owe the other 185,000.
[59:08] >> Um so everybody good? Everybody any have
[59:10] any other questions, concerns?
[59:12] >> Thank you, Chief. Whoever roll, please.
[59:14] >> Commissioner Puit.
[59:15] >> Hi.
[59:16] >> Commissioner Hargus. Hi. Commissioner
[59:18] Thomas.
[59:18] >> Hi,
[59:18] >> Mayor Stton.
[59:19] >> Hi.
[59:20] >> Uh, do we have any mayor?
[59:21] >> Yes, sir.
[59:21] >> Somebody's back there.
[59:22] >> I'm sorry. What?
[59:24] >> Oh, speak. Is that all right if I come
[59:27] up and say something?
[59:28] >> You are Well, yeah. Anytime. Yeah,
[59:29] please.
[59:29] >> And I'm not a speaker and I don't like
[59:31] you in this.
[59:31] >> You are welcome to come up and speak.
[59:33] Yes, ma'am.
[59:34] >> Back to the clutter.
[59:36] >> S I'm Susan Big 2 48 Old Nook Road. I'm
[59:39] in the county, but this is my city. I
[59:41] grew up in the city.
[59:44] the clutter. It's far beyond bicycles
[59:47] and covered up firewood. My gosh, it's
[59:51] cars that are parked that haven't been
[59:53] work working for years. Porches that you
[59:56] can't even get to the front door. I have
[59:58] one in frontier behind where I used to
[1:00:00] live. That is unbelievable.
[1:00:01] [clears throat]
[1:00:04] » It's so much more than that petty little
[1:00:06] things you are talking about. It's the
[1:00:07] major things. And I don't understand why
[1:00:09] the codes department
[1:00:11] can't make
[1:00:13] time
[1:00:15] two days a week to go to different areas
[1:00:18] in the city to find places to not
[1:00:21] necessarily site them but call attention
[1:00:23] to it. Ask if they need help. They may
[1:00:26] be so overwhelmed by it and may have
[1:00:28] been left by a family member they become
[1:00:32] ill. You know, is there funds to help
[1:00:34] people like that to get rid of the mess?
[1:00:36] But it's these cars and boats and things
[1:00:39] that take up so much room. It's not
[1:00:41] firewood and bicycles that are so bad.
[1:00:44] It's yards that are growing up over top
[1:00:46] of cars, grass. I mean, stuff like that
[1:00:49] in my eyes and I see it. But another
[1:00:51] thing is what bothers me is you we
[1:00:54] really have the nerve to say anything
[1:00:55] about private properties when look at
[1:00:58] Henderson City. When you come in across
[1:00:59] the bridge, I can't talk. I get so
[1:01:01] nervous. I'm sorry.
[1:01:02] >> You're okay. do.
[1:01:03] >> But the curbs that are grown over
[1:01:07] um drains that are covered up with grass
[1:01:10] and stuff like that. I had friends that
[1:01:12] we met at the Front Follies came to
[1:01:14] town. They were amazed how they said
[1:01:17] nasty and it is. I mean, you're worried
[1:01:19] about downtown Henderson and they're
[1:01:21] trying to help different areas. The East
[1:01:22] End, I was raised in East 10. That's
[1:01:24] right.
[1:01:25] >> But I mean, look at the curbs. The
[1:01:27] yellow on the curbs aren't marked in
[1:01:29] most places. roads are tore up like
[1:01:31] behind Thornton's [clears throat] by
[1:01:32] Applebees and that's private property I
[1:01:35] imagine but there's this deep holes
[1:01:37] right there.
[1:01:38] >> Yeah.
[1:01:39] >> Make those people responsible. Make
[1:01:41] companies responsible like by Palmer's
[1:01:45] um the bank next to Palmer's.
[1:01:47] >> Mhm.
[1:01:47] >> And then that building that used to be a
[1:01:50] store and then they still got a
[1:01:52] billboard going across the thing. Weeds
[1:01:54] are this tall growing out there. people
[1:01:56] that own that property should be
[1:01:58] responsible and have that stuff taken
[1:01:59] care of. We had just been to Jasper
[1:02:01] recently and I don't know if it's the
[1:02:03] ordinance that they make people that own
[1:02:05] a business that their curbs are taken
[1:02:07] care of or what. I'm sorry I can't talk.
[1:02:09] I'm getting so but you understand where
[1:02:11] I'm coming from. It is so much more than
[1:02:13] this petty little stuff about firewood.
[1:02:16] Anyway, I just had to say my piece.
[1:02:18] >> Can Can you stay Can you stay up there
[1:02:19] for a second?
[1:02:20] >> Uh so I wanted to address a couple of
[1:02:21] things that that you said. Uh so first
[1:02:23] of all, thank you for coming and
[1:02:24] speaking and and you're not wrong about
[1:02:26] a lot of things you said. Uh when you
[1:02:28] come into town, uh it's a state road and
[1:02:31] then it's the county until you get to
[1:02:32] the city limits and and uh uh along the
[1:02:36] state road, the state maintenance
[1:02:37] schedule changed in our last governor
[1:02:39] administration uh where they don't mle
[1:02:42] uh but half the time that they used to.
[1:02:44] Uh and so I I totally agree with you. I
[1:02:46] think it looks bad. Uh when you when you go up and down the
[1:02:50] roads like that on private property,
[1:02:52] it's a little bit difficult. The uh one
[1:02:54] of the things that we've talked about
[1:02:55] lately that I've talked about lately, uh
[1:02:57] I don't use the word I very often, but I
[1:02:58] don't want to corner the rest of the
[1:02:59] commission. Um the uh with the codes
[1:03:02] department is I'd like to see us add an
[1:03:03] extra code inspector. Uh we we've
[1:03:06] operated a certain way for years, and I personally feel like that department
[1:03:10] is understaffed. Uh, and so if we can
[1:03:13] get out of this within the next couple
[1:03:15] of months by posting another code
[1:03:16] inspector position and having that
[1:03:18] there, I think that we'll be able to do
[1:03:19] some of the things that you're talking
[1:03:20] about.
[1:03:21] >> I mean, I I drive we drive around town
[1:03:23] all the time and I could write down a
[1:03:24] list, just go five blocks and find
[1:03:26] several, you know.
[1:03:28] >> Sure.
[1:03:28] >> And but it's not just the county road or
[1:03:30] the state roads or things like the pine
[1:03:32] room, the old pine room is still
[1:03:33] standing. Things that are just old and
[1:03:35] needs to be torn down and things
[1:03:36] revived.
[1:03:38] >> I would be more worried about all that
[1:03:40] than
[1:03:41] the rest.
[1:03:42] >> Yes, ma'am.
[1:03:44] >> Well, thank you so much for coming and
[1:03:45] talking to us. We appreciate it.
[1:03:50] » All right. And we've got uh uh we've got
[1:03:53] an executive session. Before we do that,
[1:03:55] I want to see if any commissioners have
[1:03:56] any comments before we go. [laughter]
[1:03:57] Commissioner Thomas, do you have
[1:03:58] anything today?
[1:03:59] >> Song writers festival this week.
[1:04:01] >> It is. And bluegrass festival next week.
[1:04:04] >> Yeah. Back to back.
[1:04:05] >> Uh songary festival starts tomorrow,
[1:04:06] right?
[1:04:07] >> There we go. Commissioner Prit. No,
[1:04:09] >> I just want to thank the lady for coming
[1:04:11] up speaking. Uh, this is your house.
[1:04:14] Like I I tell everybody, taxpayers, this
[1:04:17] is your government. We work for you. If
[1:04:20] there's something's wrong, you see cars
[1:04:22] all over the place, come tell us. That
[1:04:24] way we can get it fixed for you. We work
[1:04:26] for you. That's all.
[1:04:27] >> That's a good point and it's accurate.
[1:04:29] Commissioner Argus.
[1:04:30] >> Oh, I'm I'm hoping this will help some
[1:04:33] of that. So,
[1:04:34] >> I I do too.
[1:04:35] >> A little bit at a time.
[1:04:36] >> I do too. this and maybe a little bit of
[1:04:38] restructuring of the department. I I uh
[1:04:40] but we hear you. You know, there there
[1:04:41] are always things that we can do better
[1:04:43] and and we want to do better also. So,
[1:04:44] thank you guys for coming and talking to
[1:04:46] us.
[1:04:46] >> Well, I want to make one,
[1:04:48] >> Steve. I've never heard one bad
[1:04:50] complaint about our codes department is
[1:04:52] being overly aggressive or anything. So,
[1:04:54] kudos to you.
[1:04:56] >> Good deal.
[1:04:58] >> And we have need for executive session.
[1:05:00] And just to just to remind everybody,
[1:05:01] we're going to go into executive
[1:05:03] session. And then once we do, this is uh
[1:05:05] this is where we're going to have the
[1:05:06] discussion on who we are going to
[1:05:07] appoint uh to replace the commissioner
[1:05:10] who left us. Uh and so we're going to
[1:05:12] executive session to do that and we will
[1:05:14] be coming back with action. Uh yes, sir.
[1:05:17] >> Could I state just one thing real
[1:05:19] quickly, Mr. Mayor?
[1:05:20] >> Uh if if you would like. Yes.
[1:05:22] >> Very quick.
[1:05:23] >> Tom Davis.
[1:05:25] >> First of all, I appreciate the approval
[1:05:26] of the resolution earlier this evening
[1:05:29] for the barge dock for the PT boat. It's
[1:05:31] going to be such an important part of
[1:05:33] our uh veterans park down on the
[1:05:36] riverfront. But I also want to commend
[1:05:39] city staff. And folks, if you haven't
[1:05:41] seen it, there is a video out that the
[1:05:44] city has put together for our parks
[1:05:46] program for the coming that's in
[1:05:49] progress right now that the commission
[1:05:51] just approved. And a large part of that
[1:05:53] is our veterans memorial park. And I
[1:05:56] just want to thank the staff that put
[1:05:58] that together because it is a it's an A1
[1:06:02] job and thank you very much for that uh
[1:06:06] helping us get another step forward on
[1:06:08] this parks project. Thank you.
[1:06:10] >> You are welcome. Happy happy to do it.
[1:06:12] Yes, sir. Yes, sir. [applause]
[1:06:17] » All right. Thank you guys. And with
[1:06:18] that, we'll entertain a motion to go
[1:06:20] into executive session. I move the
[1:06:21] commission go into executive session
[1:06:23] pursuant to KS 61.8
[1:06:26] subsection C discussion of pending
[1:06:28] litigation against the city in pursuant
[1:06:30] to KRS 6.8
[1:06:32] subsection F discussion that may lead to
[1:06:35] the appointment of an individual
[1:06:36] employee or member. Do
[1:06:38] >> we have a second?
[1:06:39] >> Second.
[1:06:40] >> All in favor? I.
[1:06:41] >> I. We are going to stay here for the
[1:06:43] executive session. Thank you God.