Board of Commissioners Meetings

92 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 14, 2016, 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 Virgil Hammontree, Minister, Central Church of Christ, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Robert M. (Robby) Mills Commissioner X R. Royster, III ABSENT: Commissioner Jesse Johnston, IV ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. William L. Newman, Jr. Assistant City Manager Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Mr. Scott Foreman, Fire Chief Mr. Owen Reeves, Gas System Director Mr. Paul Titzer, Assistant Finance Director Mr. David Piller, Police Major Mr. Greg Nunn Mrs. Donna Stinnett, Public Information Officer Mr. Tom Williams, Henderson Water Utility General Manager Mr. Dylan Ward, Public Works Engineer Mr. and Mrs. Jim Leach, Q & S Contracting, Inc. Mr. Seth Allen Mr. Pierce Battle Mr. Mike Richardson, Police Reserve Officer Ms. Laura Acchiardo, the Gleaner ________________________ PRESENTATION: “KaBoom! Playful City USA Designation” MR. TRACE STEVENS, Parks & Recreation Director, presented the 2016 certificate recognizing Henderson as a Playful City. He indicated that this is our second year for receiving the designation. Henderson is one of nine cities in the Commonwealth to achieve this designation which is based on playgrounds, parks, park acreage, sports fields, and the cooperation and partnerships between the school system and local recreation facilities to insure the inclusion of recreation facilities for all ages throughout the community. Mr. Stevens expressed his appreciation to the Commissioners for their support in recognizing the importance of play for our citizens. PUBLIC HEARING: Municipal Aid Funds And Local Government Economic Assistance (LGEA) Funds For Fiscal Year Commencing July 1, 2016 MAYOR AUSTIN declared the Public Hearing on Municipal Aid funding and Local Government Economic Assistance funding opened and asked the City Manager to introduce the subject matter. Mr. Russell R. Sights, City Manager, explained that the purpose of the public hearing was to determine the expenditure of Municipal Aid and Local Government Economic Assistance funds anticipated to be in the amounts of $541,300.00 and $23,700.00 for use for  93 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 street and road improvements. Included in the budget is a list of the proposed streets and roads to be paved utilizing these funds. Including the street paving list, minor street paving, shoulder and sidewalk repair the total is $780,000.00. Public Works Engineer Dylan Ward was in attendance to entertain questions regarding the proposed expenditure. Mayor Austin then asked if any member of the public or the Board had questions or would like to speak on the proposed use of these funds. There being no further discussion Mayor Austin declared the Public Hearing closed at approximately 5:35 p.m. __________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: May 24, 2016, Regular Meeting Resolution: 23-16 A Resolution of the City of Henderson, Kentucky Authorizing the Mayor to Make Application for and, Upon Approval, to Enter Into an Agreement With the Kentucky Office of Homeland Security (KOHS), to Execute Any Documents Which Are Deemed Necessary by KOHS to Facilitate and Administer the Project and to Act as the Authorized Correspondent for This Project. This Resolution Also Establishes Procurement Policy for Any KOHS Approved Project for the FY 2016 Application Cycle. Motion by Commissioner Jan Hite, seconded by Commissioner X R. Royster, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the consent items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 18-16: SECOND READ ORDINANCE AMENDING EMPLOYEE MANUAL REGARDING HENDERSON WATER UTILITY (HWU) CHIEF FINANCIAL OFFICER POSITION ORDINANCE AMENDING ARTICLE 10-PERSONNEL, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON, BY EXEMPTING HENDERSON WATER UTILITY (HWU) CHIEF FINANCIAL OFFICER POSITION FROM CIVIL SERVICE STATUS MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. 94 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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: June 14, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 19-16: SECOND READ ORDINANCE AMENDING SEWER USE ORDINANCE AN ORDINANCE AMENDING ARTICLE II, WATER AND SEWER SERVICE, OF CHAPTER 23, UTILITIES, SECTION 23-43, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Robert M. Mills, seconded by Commissioner X R. Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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: June 14, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 20-16: SECOND READ ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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.  95 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 21-16: SECOND READ BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, that the ordinance be adopted. Commissioner Royster ---- Nay: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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: June 14, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 22-16: FIRST READ MRS. DAWN KELSEY, City Attorney, explained that the 10” measurement has been used by the City since at least the mid 1990s when the City was under BOCA which referenced that measurement. When the City adopted the IPMC in 2001 the 10” height measurement was referenced; however, in subsequent years the height has been left up to the entity. This ordinance is to clarify that 10” is set as the limitation on grass and weed height under the City’s code and will be actionable. ORDINANCE NO. 22-16: ORDINANCE AMENDING PROPERTY MAINTENANCE CODE ORDINANCE AMENDING SECTION 7-184. ADOPTION OF BASIC PROPERTY MAINTENANCE CODE OF ARTICLE V PROPERTY MAINTENANCE CODE OF THE CITY OF HENDERSON CODE OF ORDINANCES RELATING TO SECTION 302.4 WEEDS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, that the ordinance be adopted. Discussion was held regarding how the code is enforced and if there might be an option for larger agricultural areas. Mrs. Kelsey explained that crops are exempted from the code. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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. ________________________ 96 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 ORDINANCE NO. 23-16: FIRST READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, that the ordinance be adopted. MAYOR AUSTIN explained to the audience that these large numbers were not what was added or adjusted, but were the totals for the year for each of these line items. MR. ROBERT GUNTER, Finance Director, then detailed the changes amending the budget which include: $9,000 insurance recovery for fire protective clothing; $85,000 concrete street repairs on North Elm Street; $50,000 Health Reimbursement Arrangement employee reimbursements; $350,000 Health Insurance Fund; $195,000 Bond payments; $500,000 transfer station disposal fees (which will be covered by a similar increase in revenues); and $79,000 CDBG Funds. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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. 24-16: RESOLUTION APPROVING REIMBURSEMENT PAYMENTS OF UP TO $239 PER MONTH FOR SUPPLEMENTAL HEALTH INSURANCE PREMIUMS FOR CITY OF HENDERSON POLICE AND FIRE PENSION PLAN RETIREES AND THEIR SPOUSES WHO ARE ENTITLED TO OR ARE RECEIVING MEDICARE BENEFITS MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite to adopt the resolution approving up to $239.00 per month in reimbursement payments to Police and Fire Pension retirees and their spouses who are entitled to or are receiving Medicare benefits. MR. ROBERT GUNTER, Finance Director explained that this was included in the Budget under the old City Pension Plan for Police and Fire and the intent is to adjust this reimbursement amount annually utilizing the Consumer Price Index. A similar resolution will be brought forward to adjust the payment for the old Civil Service Pension Plan in the near future. Currently there are eight retirees and one active employee in the Civil Service Plan and approximately 26 retirees and/or spouses receiving this benefit in the Police and Fire Pension Plan. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye:  97 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 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: June 14, 2016 Maree Collins, City Clerk ________________________ RESOLUTION NO. 25-16: RESOLUTION APPOINTING LYNN DREW AS ACTING CITY CLERK MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, to adopt the resolution appointing Lynn Drew as acting City Clerk in the absence of the City Clerk. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 33-16: MUNICIPAL ORDER AWARDING BID FOR DESIGN AND CONSTRUCTION OF A NEW DRIVE-THRU CANOPY FOR THE MUNICIPAL CENTER’S FINANCE DEPARTMENT TO Q & S CONTRACTING, INC., SEBREE, KENTUCKY IN THE AMOUNT OF $90,897.00 MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, to adopt the municipal order awarding the bid for the design and construction of a new drive-thru canopy for the Municipal Center’s Finance Department to Q&S Contracting, Inc. of Sebree, Kentucky in the amount of $90,897.00. MRS. DAWN KELSEY, City Attorney, reported that this item is again presented for consideration and explained that under the Model Procurement Code items over $20,000 must be bid, either by lowest bid price or lowest evaluated bid which must include an objective standard. In this situation it was done as lowest evaluated bid with the objective standard of 80 percentage points for lowest price and 20 percentage points for length of completion. Once a bid has been received it must be awarded or all bids must be rejected, there is no local preference option. MAYOR AUSTIN indicated that a letter from Mr. Scott Perdue, Q & S Contacting, Inc., explaining their position on this matter. City Manager Sights asked the City Clerk to read the letter into the record: 98 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 COMMISSIONER ROBERT M. MILLS indicated that he had thought about this over the last couple of weeks and that hearing the term objective standard mentioned tonight and recalled the detailed description from Mr. Ward at the previous meeting of those objective standards that were detailed in the bid documents. Although he would prefer to award the bid to a local vendor, that is not an option in this circumstance. The award should go to the lowest evaluated bidder with assurances that they must comply with all Occupational Licensing requirements. Mr. Paul Titzer, Assistant Finance Director assured Commissioner Mills that they would be required to receive an Occupational License and withhold the appropriate payroll tax as required. COMMISSIONER JAN HITE indicated that she too had thought about this and that even though all except Mayor Austin voted no on accepting the bid at the last meeting due to the $97 and five day difference, she felt like she led the charge making it clear to the owner of AVP that there weren’t any games played and assured him that Q&S didn’t know anything more than what  99 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 he knew. She also said that the City has no control on who was sent to the pre-bid meeting to represent, and that if all of the information was not relayed there is nothing we can do about that. Because she spoke about it last meeting she felt that she needed to speak about it again and believes that the evaluation method that Mr. Ward and Mr. Newman put in place has proven to have been positive, considering how close these two bids were. In order to keep the integrity of the bidding process, we should award the contract to Q & S Contracting. Commissioner Mills asked how long this project had been in the works. Mr. Dylan Ward responded that he has been working on it for about a year, but has known about it for at least two years. Commissioner Mills then asked how long it would extend the project if it were to be rebid. Mr. Ward responded about two months. Commissioner Hite indicated that that also concerns her and that if it were to be rebid it could allow for possible manipulation of numbers and time based on what has been submitted under this bid. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Nay: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 27-16: MUNICIPAL ORDER AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO COPS HIRING RECOVERY PROGRAM (CHRP), IN THE AMOUNT OF $588,788.32, AND ACCEPTING GRANT IF AWARDED MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, to adopt the municipal order authorizing the submittal and acceptance of a grant, if awarded, to the COPS Hiring Recovery Program (CHRP) in the amount of $588,788.32. MR. DAVID PILLER, Police Major, explained that this grant is a community oriented policing COPS Hiring grant under the Department of Justice and is for three years with reimbursement up to $375,000, the remainder would be the City’s responsibility. Also the City would be responsible for a fourth year for positions awarded through this program. The positions, if awarded, would be for officers and would primarily focus on the East End area. Commissioner Mills asked Major Piller from his past years of doing this what the likelihood was of this grant being accepted. Major Piller responded that he has been involved in this three times before; with award of the first one and denial the second two. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. 100 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 28-16: MUNICIPAL ORDER APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE UNIVERSITY OF SOUTHERN INDIANA (USI) AND THE CITY OF HENDERSON POLICE DEPARTMENT REGARDING THE INTERNSHIP TRAINING PROGRAM; AND THE CITY MANAGER IS AUTHORIZED TO EXECUTE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, to adopt the municipal order authorizing the execution of a Memorandum of Agreement between the City of Henderson Police Department and the University of Southern Indiana regarding student internships with the Henderson Police Department. MR. RUSSELL R. SIGHTS, City Manager, explained that the University of Southern Indiana has a program with criteria that includes that internships be served by their students. Historically in the City when we have an intern program in other areas, interns are paid an hourly wage, but in this case there will be no salary or wages paid, and because of that we have the need to enter into special arrangements for insurance coverage since there would be no Workers’ Compensation. Mr. Sights then asked Major Piller for comments and that any legal comments would be made by Dawn as she has been closely involved with this process. MR. DAVID PILLER, Police Major, indicated that these internships are good for both the Police Department and the University. Students get the opportunity of experience and receive college credits toward their degree. In return HPD receives some good word of mouth exposure for people to the positions that they may be interested in later on that may not have considered the Henderson Police department before. He indicated that this is considered a win- win for HPD. COMMISSIONER ROYSTER asked if this was more than just office work and if there would be ride-alongs. Major Piller responded that they will do some ride-alongs with patrol officers, spend some time in Investigation and will be exposed to each of the various functions within the department. Commissioner Royster then asked how the City’s insurance coverage would be affected. City Attorney Dawn Kelsey responded that insurance liability is addressed under the Liabilities and Terms section of the Agreement. Because the students will not be covered under Workers’ Comp, USI will assume responsibility for any activities that the student performs, and the City accepts responsibility for any activity City employees perform. Commissioner Royster indicated that that won’t keep us from being ‘deep pockets’ and being included if something happens. Mrs. Kelsey responded that we could be included and have to go through the process as that is a part of doing business. Mrs. Kelsey stated, “That is one of the reasons that we wanted this to come before the Commission so that you all would understand that and you all could decide whether the benefit was worth the risk associated with it.” The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor  101 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 29-16: MRS. DAWN KELSEY, City Attorney indicated that this is the end a three part series that has come to you relating to the Henderson Recycling un-wind. The Assignment of the Advance Disposal curbside recycling from Henderson Recycling and the approval of an Amendment to the Tri-County Interlocal Agreement allowing the City to take recycling materials to an alternative location have been accomplished. The Henderson Recycling Board at its June 7, 2016 meeting approved a resolution to dissolve Henderson Recycling. It was agreed that the financial assets would be split 50-50 between the City and County and then to divide the remaining assets with the County receiving the 5 by 8 Henderson Recycling containers along with the trailers, and three roll-off containers that were purchased with grant funds; and the City will receive all the blue 35 and 96 gallon curbside containers, and the four roll-off containers that the City donated to Henderson Recycling. There also is a baler and the decision was made that it would be jointly owned by the City and the County and that the County would provide insurance coverage on it. If this is approved by both the City and County it will then be submitted to the Department of Local Government so that Henderson Recycling can be removed from the Special Government Entity website. MAYOR AUSTIN indicated that this does not impact curbside recycling and does not impact recycling related services that are provided at the County Garage. Those services will continue, the City will provide curbside and the County will continue with drop off services. MUNICIPAL ORDER NO. 29-16: MUNICIPAL ORDER ACCEPTING RECOMMENDATION FROM THE BOARD OF DIRECTORS OF HENDERSON RECYCLING TO DISSOLVE THE HENDERSON RECYCLING ENTITIES MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, to adopt the municipal order accepting the recommendation of the Henderson Recycling Board of Directors to dissolve the Henderson Recycling Entities. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ RESOLUTION NO. 26-16: COMMISSIONER ROBERT M. MILLS indicated that Community One, Inc. had in this year’s budget basically two functions, one was to facilitate the development of Audubon Kid Zone, and the other function was to facilitate small residential remodeling jobs that would be done by community groups with the materials to be purchased by the City. Unfortunately those remodeling jobs have been far and few between this year so we have the opportunity to use some of those funds to help supplement the continued development of Audubon Kid Zone. This summer Audubon Kid Zone has two employees that are doing more in-depth research into each 102 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 individual child in the AKZ area, to determine the needs of these children and their families for them to succeed. Commissioner Mills continued that commitments for moneys toward a possible new building and also for programming have been received and the feeling is that Audubon Kid Zone, where many children and families are going to be helped, is well underway. RESOLUTION NO. 26-16: RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM COMMUNITY ONE, INC. REHAB FUNCTION TO AUDUBON KID ZONE RELATED PROJECT EXPENSES IN THE AMOUNT OF $12,535.75 MOTION by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, to adopt the resolution approving the transfer of $12,535.75 of Community One, Inc. rehab function funds to the Audubon Kid Zone related project expenses. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- 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: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 30-16: MUNICIPAL ORDER APPROVING OPERATING AND SERVICES AGREEMENT BETWEEN PUBLIC ENERGY AUTHORITY OF KENTUCKY (PEAK) AND THE CITY OF HENDERSON AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT ON THE CITY’S BEHALF MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, to adopt the municipal order approving an Operating and Services Agreement between Public Energy Authority of Kentucky (PEAK) and the City of Henderson. MR. OWEN REEVES, Gas System Director recognized and thanked City Attorney Dawn Kelsey as this was one of her first runs at natural gas related language and she brought some clarifications to issues to her counterparts. The PEAK Board at a called meeting last week approved the language you are considering. The Mayor and I attended that meeting and voted in favor of the resolution. Basically this is a codification of how the City and PEAK has been operating since our first pre-pay deal. As time has passed and IRS changes have come into effect, direct participants in these pre-paid deals are now required to have a rating. That is why on the recent Blackbelt deal we participated via Clark Mobile as a reseller to us. Clark Mobile is charging PEAK an additional three cents per unit for that service. Once PEAK receives a rating they will be able to participate in these deals without going through a reseller and therefore saving that markup. It is anticipated that Moody’s will provide a rating within 30 days from submission. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye:  103 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 31-16: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF FIRE PROTECTIVE CLOTHING FOR THE FIRE DEPARTMENT TO FIRE DEPARTMENT SERVICE AND SUPPLY OF LOUISVILLE, KENTUCKY, IN THE TOTAL AMOUNT OF $26,000.00 MOTION by Commissioner Jan Hite, seconded by Commissioner X R. Royster, to adopt the municipal order awarding the bid for the purchase of firefighter protective clothing to Fire Department Service and Supply of Louisville, Kentucky, in the amount of $26,000.00 in strict compliance with their bid. MR. SCOTT FOREMAN, Fire Chief, indicated that this was a routine purchase of fire protective clothing for the fire department. The bid from Mid-America Fire & Safety did not meet specifications because of several exceptions, one being that the sleeve length is not tailored to the individual as requested. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 32-16: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF A SMALL TRUCK WITH DUMP BED TO TOWN & COUNTRY FORD, OF EVANSVILLE, INDIANA, IN THE TOTAL AMOUNT OF $37,950.00 MOTION by Commissioner Jan Hite, seconded by Commissioner X R. Royster, to adopt the municipal order awarding the bid for the purchase of one 2017 F-450 SD truck with a dump bed from Town & Country Ford, Evansville, Indiana in the amount of $37,950.00. MR. RUSSELL R. SIGHTS, City Manager, explained that a truck bid was awarded last November to Valley Truck; however, they could not supply the truck as they missed the cutoff on the 2016 model and were not in a position to provide a 2017 model. This is a replacement bid for that purchase. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: 104 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2016 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, City Manager, handed out a copy of City Code of Ordinances Section 20-1 Approval required for obstructions. This ordinance allows the City Manager authority to grant obstructions in City right-of-way under certain circumstances and requested guidance on how to handle requests from downtown businesses wanting approval to place merchandise on the sidewalk on a regular basis. Historically the City has allowed the placement of benches, planters, and like obstructions as long as they do not block a large portion of the sidewalk, subject to revocation at any time that there is a problem. Also approvals have been historically given for special temporary sidewalk sale events. Guidance is requested to either continue with the current policy or look at creating a Permitting process similar to the Outdoor Dining process. We want to continue to be business friendly, but need regulations if we are going to branch out into that area. Commissioner Mills indicated that the Downtown Henderson Partnership should be invited to give insight into this issue and maybe they could poll their membership prior to that meeting. Sidewalk promotion of a business is becoming more and more popular in other cities with things like sandwich boards and things that promote what they have going on inside. Mayor Austin agreed that asking the Downtown Henderson Partnership to participate would be a good idea. Mr. Sights indicated that he would contact DHP and schedule that for one of the July meetings as he will not be in attendance at the June 28th meeting. Commissioner Hite requested a copy of the Sidewalk Dining ordinance for reference. MR. RUSSELL R. SIGHTS, City Manager, also indicated that the work session scheduled for next Tuesday, June 21, 2016 would be cancelled due to lack of business to discuss. COMMISSIONER’S REPORT: COMMISSIONER ROYSTER invited everyone to come down and enjoy good music, good food, and fellowship at the W. C. Handy Blues and Barbeque Festival this week. MAYOR AUSTIN indicated that County government at their next meeting will be discussing licensing and penalties for out of town contractors. Evidently there appears to be a lot of out-of-town contractors working in Henderson without the proper licenses causing a disadvantage to local contractors. Depending on the outcome of that meeting that might be something that we would need to consider. REAPPOINTMENT: CITY-COUNTY PLANNING COMMISSION: KEVIN HERRON – TERM TO EXPIRE JUNE 1, 2020 Motion by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, upon recommendation of Mayor Steve Austin, to reappoint Kevin Herron to a four-year term on the City-County Planning Commission. Said term to expire June 1, 2020. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: ________________________  105 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2016 EXECUTIVE SESSION: Litigation MOTION by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, to go into Executive Session pursuant to the provisions of KRS 61.810 (1) (c) for the discussion of pending or proposed litigation against and on behalf of the City. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: ________________________ MEETING RECONVENED: MOTION by Commissioner Robert Mills, seconded by Commissioner X R. Royster, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: ________________________ MEETING ADJOURN: MOTION by Commissioner Robert Mills, seconded by Commissioner X R. Royster, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Commissioner Johnston --- Absent: Commissioner Hite -------- Aye: Mayor Austin --------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:25 p.m. ___________________________ ATTEST: Steve Austin, Mayor June 28, 2016 ______________________ Maree Collins, City Clerk