Board of Commissioners Meetings

181 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 182 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 INVOCATION was given by Father Rich Martindale, St. Paul’s Episcopal Church followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Charles Stauffer, Police Chief Mr. Scott Foreman, Fire Chief Mr. Brian Williams, Public Works Director Mr. Sam Lingerfelt, Sanitation Superintendent Mr. Robert Gunter, Finance Director Mr. Ray Nix, Code Administrator Mr. Trace Stevens, Parks & Recreation Director Mrs. Lynn Drew, Executive Assistant Mr. Brian Bishop, Planning Commission Executive Director Mr. William “Buzzy” L. Newman, Jr., HWU Field Operations Director Father Rich Martindale, St. Paul’s Episcopal Church Ms. Erin Schmitt, the Gleaner Ms. Chelsea Koerber, 44 News, and Cameraman Mr. Mike Richardson, Police Reserve Officer ________________________ PRESENTATION: “35-Year Service Award” MAYOR AUSTIN expressed appreciation to School Crossing Guard Glen Oats for his 35 years of service and dedication to the City and the children of Henderson. ________________________ PRESENTATION: “Request for Placement of Flag Pole in Redbanks Park” FATHER RICH MARTINDALE, Henderson Rotary Club, presented a request for placement of a flag pole in the Redbanks Park parking lot island to commemorate the 100th anniversary of service and commitment to the community by the Henderson Rotary Club. He indicated that they were aware that there will be restrictions and approvals that are necessary before final approval of the project can be given and that they are in complete agreement. COMMISSIONER STATON recused himself from the discussion and vote as he has been a member of the Henderson Rotary Club for a little over a decade. DISCUSSION WAS HELD congratulating the Henderson Rotary Club on their 100 years of service to the community; and relating to the restrictive covenants placed on the property and that approval from the Kentucky Transportation Cabinet would be necessary before moving forward with the project. MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to proceed with forwarding the request to the Kentucky Transportation Cabinet for review to place a flag pole in the center island area of the Redbanks Park parking lot commemorating the 100th anniversary of the Henderson Rotary Club.  183 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Abstain: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ FATHER RICH MARTINDALE, Henderson Rotary Club, reported that the Rotary Club has been involved with improvements at the East End Park and Kids Zone and would like to support the addition of the Picnic Shelter Project by committing $7,500.00 to the project. Father Martindale indicated that the local Rotary Club has given enough money through the Rotary International Foundation to qualify for a three-to-two match on a district grant which requires a Memorandum of Understanding between the two parties. He further reported that they are aware that the scope of the project is currently in the $15,000.00 to $20,000.00 range and they are hopeful that with this grant as well as the possibility of other grant funding that the project could be enhanced. This grant funding is not contingent on whether or not other grant funds are obtained. COMMISSIONER STATON recused himself from the discussion and vote as he has been a member of the Henderson Rotary Club for a little over a decade. TRACE STEVENS, Parks & Recreation Director, reported that the pavilion/picnic shelter project will be approximately 15’ by 18’ and will include lighting, landscaping and a concrete pad that will be connected to existing sidewalks to be ADA accessible. The building will be a steel frame with a metal gabled roof to match other amenities in the park. MAYOR AUSTIN indicated that we are very fortunate to have partners that will help us with these types of projects. DAWN KELSEY, City Attorney, stated that due to her affiliation on the Rotary Board that she had asked Attorney Eric Shappell to review the Memorandum and sign off on the resolution. RESOLUTION 41-17: RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE ROTARY CLUB OF HENDERSON AND THE CITY OF HENDERSON REGARDING THE “PICNIC SHELTER” PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to adopt the resolution authorizing the execution of a Memorandum of Understanding between the Henderson Rotary Club and the City regarding financial support of a Picnic Shelter Project in the East End Park. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Abstain: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin 184 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ PRESENTATION: “Information, Please: Ways We Communicate Presentation” DONNA STINNETT, Public Information Officer/Community Relations Manager, discussed the various methods that the City communicates with the public. She indicated that the office of Public Information Officer has been in place a little over a year and a half and that 90 news releases have been sent out this calendar year to traditional media. She and other departments within the City also utilize Facebook, Twitter and YouTube to disseminate information regarding community events, street closings, emergency situations as well as other items of interest. The City’s website has information regarding Notify Me for City notifications as well as HyperReach through the Henderson Emergency Management Agency for weather and emergency alerts, and the Community Hub Calendar for a schedule of events in the community. HyperReach was implemented July 1st and replaces the CodeRed system. Landline numbers were imported to the new system, however cell phone users will need to reenter their contact information to receive notifications. Other methods of communication with the community include speaking engagements to various organizations; City staff appear regularly on WSON’s Speak-up program; the City cable station which has board meeting schedules, holiday schedules, Commissioner office hour schedules, employment opportunities; and an internal employee newsletter published weekly with an expanded edition monthly. She concluded that there is always room for improvement to help build the number of participants in HyperReach and Notify Me, expand YouTube content and continue to reach out to those citizens without internet access. ________________________ PRESENTATION: Countryview Subdivision – Stormwater Project WILLIAM L. “BUZZY” NEWMAN, JR., Henderson Water Utility Director of Field Operations, presented a brief update of the Countryview Storm Sewer Project. This part of the overall project consists of five phases. The first phase starts at the lowest point and will tie an open drainage ditch parallel to the backside of Countryview in at Canoe Creek. The next phases will address the installation of inlets to bring the drainage out to existing ditches that drain into Canoe Creek. The first two phases of work are anticipated to cost about $200,000.00 each and work could possibly start in late spring 2018 and be completed by fall of 2018. Approximately $400,000.00 is in the budget for these two phases. The design of the project was changed slightly when the City sold the farm land adjacent to Countryview Subdivision. Easements were set aside for this project when the property was sold and the farmer as well as neighbors have been very cooperative as tree trimming has already begun. DISCUSSION WAS HELD relating to the cost estimates for future phases, with Phase 3 estimated at $108,000.00, Phase 4 at $109,000.00 and no current estimate for Phase 5; plans for Turnagain and Downey Drive will be addressed under the HWU Stormwater Neighborhood Projects program and also a Flood Mitigation Board project; the adjoining farm will need to cooperate to help control the runoff from the farm into the Turnagain area; the Flood Map amendment process and how those flood maps affect flood insurance premiums as well as the housing market; that flood insurance premiums are now based height of the finished floor elevation as opposed to ground elevation and how it relates to the base flood elevation; that not every flood mitigation project has a large enough scope to make significant changes to the flood maps; who is responsible for maintenance of the ditch that runs through the Ershig property and that it is part of the Stormwater Neighborhoods Projects and the current issue has been addressed; that an ongoing drainage issue in Frontier is finally being addressed and the first phase of piping is approximately 60% complete and is expected to be complete within the next couple of weeks. Hopefully the next phase that will cross Gaslight Drive will be started next year.  185 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 WILLIAM L. “BUZZY” NEWMAN, JR., Henderson Water Utility Director of Field Operations, reported that the Kentucky FEMA Assistant Director of Compliance visited Henderson earlier in the week to announce award of a $400,000.00 grant to construct a retention basin as well as elevate Glover Drive to help alleviate flooding issues in Lakeland Subdivision. She praised city staff for completing the requested documents and design of the plan and recognized Brian Bishop for all his work in updating the new flood maps as well as the improvement in the Community Rating Score rating. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: August 22, 2017, Regular Meeting August 25, 2017, Special Called Meeting Motion by Commissioner Staton, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 55-17: FIRST READ ORDINANCE RELATING TO FIRE PREVENTION ORDINANCE AMENDING CHAPTER 12, FIRE PREVENTION, SECTION 12-3, APPEALS PROCESS TO CHANGE THE APPEAL OF A FIRE CODE OFFICIAL DECISION TO THE CODE ENFORCEMENT BOARD; SECTION 12-21 DEFINITIONS, TO CHANGE THE ACRONYM FROM MSDA TO THE CURRENT MSDS; SECTION 12-26 RESPONSE, TO CLARIFY WHEN THE HENDERSON FIRE DEPARTMENT WILL RESPOND TO A HAZARDOUS SUBSTANCE RELEASE OR A THREATENED RELEASE; AND SECTION 12-27 COST RECOVERY TO INCLUDE THAT COST OF A CLEAN UP BY THE CITY OR COSTS TO THE CITY BECAUSE OF A HAZARDOUS SUBSTANCE RELEASE WILL BE RECOVERABLE BY THE CITY MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. DAWN KELSEY, City Attorney, indicated that these changes are a result of ordinance review. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: 186 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 56-17: FIRST READ ORDINANCE AMENDING SEWER USE ORDINANCE AN ORDINANCE AMENDING ARTICLE II, WATER AND SEWER SERVICE, OF CHAPTER 23, UTILITIES, SECTION 23-20, THRU SECTION 23-24, OF DIVISION 1. GENERALLY, AND SECTION 23-35.4 THRU 23-35.9, DIVISION 2A. STORMWATER UTILITY; AND SECTION 23-43 THRU SECTION 23-45.2 OF DIVISION 3. WATER AND SEWER COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MAYOR AUSTIN indicated that these changes are recommendations from Henderson Water Utility General Manager Tom Williams as a result of ordinance review. MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ MAYOR AUSTIN indicated that this change is a result of ordinance review and that there is a resolution on the agenda that replaces this repealed ordinance. ORDINANCE NO. 57-17: FIRST READ ORDINANCE RELATED TO COMMUNITY DEVELOPMENT AN ORDINANCE REPEALING CHAPTER 11 COMMUNITY DEVELOPMENT, ARTICLE II. URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY SECTION 11-16 THRU SECTION 11-18 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________  187 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 RESOLUTION 40-17: RESOLUTION AUTHORIZING THE CITY OF HENDERSON’S COMMUNITY DEVELOPMENT SPECIALIST TO SERVE AS THE LOCAL ADMINISTRATOR FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT/HOME PROGRAMS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, KENTUCKY HOUSING CORPORATION AND/OR KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to adopt the resolution authorizing the City’s Community Development Specialist serve as the local administrator for the Community Development Block Grant Entitlement/HOME Programs under the U.S. Department of Housing and Urban Development, Kentucky Housing Corporation and/or the Kentucky Department for Local Government. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 40-17: MUNICIPAL ORDER ESTABLISHING NEW RATE STRUCTURE FOR THE RESIDUAL/CONSTRUCTION DEMOLITION AND DEBRIS (CDD) LANDFILL MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to approve the new fee schedule for use of the City’s Residual/Construction Demolition and Debris Landfill effective November 1, 2017. RUSSELL R. SIGHTS, City Manager, indicated that the Public Works Director Brian Williams had made the accompanying recommendations to establish a new fee schedule at the City’s CDD Landfill first to the joint City-County Cooperative Study Team and then to Fiscal Court. BRIAN WILLIAMS reported that the City-County Cooperative Study Team have recommended the establishment of the new fee schedule due to the fact that the City’s CDD Landfill is full and the City will now be paying to dispose of these materials. The new fees will be effective November 1, 2017 to coincide with the new CDD transfer point operations and will not affect the solid waste transfer station. MAYOR AUSTIN indicated that all City and County residents will pay $5.00 per 400 pounds or $25.00 per ton to dispose of CDD materials, Henderson County commercial businesses will now pay $12.00 per 400 pounds or $60.00 per ton, and commercial businesses from outside of Henderson County will pay $90.00 per ton or $18 per 400 pound increment. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: 188 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 41-17: MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND HABITAT FOR HUMANITY OF HENDERSON KENTUCKY, FOR THE PARKING LOT LOCATED AT THE INTERSECTION OF THIRD AND CLARK STREETS; AND AUTHORIZING MAYOR TO EXECUTE THE LEASE ON BEHALF OF THE CITY MOTION by Commissioner Bugg, seconded by Commissioner Staton, to adopt the municipal order authorizing execution of a lease between the City and Habitat for Humanity of Henderson for use of the parking lot located near the Third Street Basin at the intersection of Third and Clark Streets. MAYOR AUSTIN indicated that Habitat relocated their office and is in need of employee parking and Henderson Water Utility has agreed to lease some of the property near the detention pond near the intersection of Third and Clark Streets to Habitat. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 42-17: MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON AND HISTORIC SECOND, LLC OF ATLANTA, GEORGIA FOR A PORTION OF THE PROPERTY LOCATED AT 225 SECOND STREET, HENDERSON, KENTUCKY; AND AUTHORIZING MAYOR TO EXECUTE THE LEASE ON BEHALF OF CITY MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to approve execution of a lease between the City and Historic Second, LLC of Atlanta, Georgia for a portion of the property located at 225 Second Street to be used as a pocket park. The initial term of the lease is for ten years with optional five year renewal terms. COMMISSIONER STATON reported that this project has had a team of people meeting since January to build a pocket park in on Second Street between Main and Elm Streets as an economic project for that particular block which has a couple of vacant locations. He stated that it is important that people know that we are willing to make significant improvements to ensure the viability and longevity of our downtown area. The owner of this property has agreed to the  189 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 terms of the lease. It is hoped to fund the majority of the project with private grant monies and there is a list of more than 20 sources that we will be seeking funding from. The Audubon Board of Realtors has committed $5,000.00 toward the project. COMMISSIONER BUGG indicated that some of that was from the National Association of Realtors, which was great to get us on the national radar. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MAYOR AUSTIN reported that Advanced Disposal had agreed to continue the commercial recycling pickup at the same rate through September 30th, 2018. MUNICIPAL ORDER 43-17: MUNICIPAL ORDER APPROVING RECYCLING THROUGH SEPTEMBER 30, 2018 FOR COMMERCIAL BUSINESSES THAT WERE SERVED BY HENDERSON RECYCLING FOR $5.00 PER MONTH FOR MATERIAL HANDLING FEE MOTION by Commissioner Bugg, seconded by Commissioner Staton, to approve extending the contract with Advanced Disposal for recycling pickup of commercial businesses that were served by Henderson Recycling. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 44-17: MUNICIPAL ORDER ACCEPTING BID FOR PURCHASE OF A SIXTEEN (16) CUBIC YARD REFUSE PACKER, TO TRUCK CENTERS, INC. EVANSVILLE OF EVANSVILLE, INDIANA IN THE AMOUNT OF $116,709.00 MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to award Bid Reference 17-19 to Truck Centers, Inc. of Evansville for the purchase of a sixteen cubic yard refuse packer in the amount of $116,709.00. 190 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 BRIAN WILLIAMS, Public Works Director, indicated that this truck is similar to previous purchases and the price went up $3,000.00 in the two years since our previous purchase. MAYOR AUSTIN COMMENTED that at some point in the future the City is probably going to be using a different truck and may need to evaluate that for future purchases. DISCUSSION WAS HELD relating to moving the sanitation collection to one-man operation trucks; the current use of alleyways and how to move to street front pickup routes; the cost to migrate the operation; that a study had been conducted a few years ago and would be shared with Commissioners; and the need to contact other communities to see how many use the one-man trucks, and how many still pickup in alleyways. MAYOR AUSTIN stated, “I want to remind everybody that the way it looks today, and it may change one way or another, the City is going to be facing a cost increase of between $1,500,000.00 and $2,000,000.00 annually for long term pension catch ups, so there are going to have to be some tough decisions made in the future.” The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 45-17: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF A FRONT- WHEEL DRIVE SUV TO TOWN & COUNTRY FORD OF EVANSVILLE, INDIANA, IN THE TOTAL AMOUNT OF $20,186.00 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to award Bid Reference 17-21 to Town & Country Ford for the purchase of a Ford Escape front-wheel-drive SUV in the total amount of $20,186.00. RUSSELL R. SIGHTS, City Manager, indicated that this was a very competitive bid with several vendors responding on this single unit item. RAY NIX, Code Administrator, explained that this front wheel drive SUV will replace a nonoperational 1997 Ford Taurus that has outlived its usefulness. COMMISSIONER PRUITT commented that he recently went through the first phase of a planning and zoning change and wanted everyone to know how user friendly the system is and how pleased he was with the changes that have been made. RAY NIX, Code Administrator, thanked him and stated that there continues to be a concerted effort made in that regard. COMMISSIONER STATON asked the City Manager to comment on buying local and in this particular case why there were no local vendors bidding. RUSSELL R. SIGHTS, City Manager, indicated that he would give an observation from  191 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 having talked to dealers in the past and having talked to people in other cities about what they are experiencing. He stated that he believes that the big vendors are buying at such a volume discount that our local people can’t compete on one unit, or even five units. Also, he has heard that local dealers realize they have to take such a small profit margin that they would rather just get the warranty work. The bid tabulation sheet indicates the vendors that were mailed a bid specification packet. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapters 14 DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended revisions for Chapter 14 Garbage and Refuse – our code refers to garbage and refuse and the International Property Maintenance Code that the City adopted refers to rubbish, so it is necessary to add rubbish every time we see the term garbage and refuse throughout the entire chapter – Article I – In General, Section 14-1, Definition – repeal After hours disposal area as we no longer have after hours disposal, delete furnace ashes from Household refuse, delete cinders from power plant from Industrial refuse, change the hours of operation to our current hours under Normal operating hours, and Yard refuse-define limbs as tree branches no longer than 5’ or more than 1 ½” in diameter (larger items can be scheduled for pick up for a fee); Section 14-2 Regulations and enforcement – change sanitary to Transfer Station/Residual landfill and delete reference to after hours disposal; Section 14-3, Collection and disposal – delete subsection (c) – referring to after-hours disposal; Section 14-4 Household containers – (a)- remove reference to underground storage of garbage; Section 14-24 Establishment outside CBD may contract for service – change department to division of sanitation; Article III Sanitary Landfill – change title to Transfer Station/Residual Landfill and throughout the entire chapter; Section 14-47 Use by nonresidents prohibited – delete prohibited from the title and add ‘unless the person has paid a fee which is set by the Board of Commissioners’ to reflect our current practice; Section 14-49 Smoking Prohibited – add electronic cigarettes to reflect our current regulations; Section 14-66 Rules and regulations – add ‘and director of finance’ that sets regulations; Section 14-67 License – Required – delete reference to an annual application for a private collector’s license and add ‘follow state law and have a valid occupational license’ to reflect current practice; repeal Sections 14-68, 14-69, 14-70 and 14-70 all relating to the private collector’s license; repeal Section 14-89 Self-service permit; delete Section 14-91 Special charges (c) - which will now be handled by the Code Enforcement Board. No changes to Article IV Recycling are recommended. DISCUSSION WAS HELD relating to trash containers and the use of bags as opposed to a container with a tight fitting lid as referred to in the International Property Maintenance Code; how best to enforce the ordinances that we already have; the use of alleyways for garbage pickup; regulations for property owners and tenants; who is responsible for trash from spilt trash receptacles in alleyway right-of- way; setting a specific time when garbage containers can be placed for pickup; and that this discussion would continue at the November Work Session after staff had gathered information on how other communities deal with these issues. 192 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 CITY MANAGER’S REPORT: Planning Commission Rezoning Recommendations: #1075, Near Constanza Drive/Wolf Hills Boulevard/Wathen Lane and #1077, Narrative Development Plan-Players Club Golf Course RUSSELL R. SIGHTS, City Manager, reported that the Planning Commission has acted upon these requests for rezoning after conducting a public hearing at special called meetings on August 15th, August 16th and August 17th and producing findings of fact at their September 5, 2017 meeting. The recommendation of disapproval will become final on Wednesday, September 27, 2017 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is Tuesday, September 26, 2017. ________________________ RUSSELL R. SIGHTS, City Manager, indicated that there is no work session scheduled for September and that the first regularly scheduled Board meeting in October will be rescheduled from October 10th to October 17th. ________________________ RUSSELL R. SIGHTS, City Manager, reported receipt of a letter from UPS informing the City that they intended to utilize licensed golf carts in certain neighborhoods during the peak holiday delivery season. The specific areas would be provided by UPS at a later date, this was just to put the City on notice of their intent. ________________________ COMMISSIONERS REPORT: COMMISSIONER BUGG reported that she had attended the first recycling committee meeting and that their meetings would be held the first and third Thursday of each month at 8:00 a.m. The first priority would be education. ________________________ COMMISSIONER STATON indicated that a demonstration of the latest smart application for body cameras was demonstrated at the Body Cam meeting this morning and it is very impressive. He indicated that this would be good for the community and make our police officers even better. ________________________ COMMISSIONER PRUITT indicated that he was honored to be named one of the Grand Marshalls of the upcoming Diversity Parade this weekend. ________________________ EXECUTIVE SESSION: Litigation MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(c)for the purpose of deliberation on proposed and pending litigation. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye:  193 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 12, 2017 ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ RESOLUTION 42-17: RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY RECOMMENDING AND APPROVING SETTLEMENT OF LITIGATION PRESENTLY PENDING IN CASE NO. 09-CI-00693 BEING BIG RIVERS ELECTRIC CORP. VS THE CITY OF HENDERSON, KENTUCKY AND THE CITY OF HENDERSON UTILITY COMMISSION D/B/A HENDERSON MUNICIPAL POWER & LIGHT SUBJECT TO THE SETTLEMENT AGREEMENTS BEING AGREED UPON BY THE PARTIES MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to adopt the resolution authorizing execution of a settlement agreement regarding the settlement of litigation pending in Case No. 09-CI-00693, Big Rivers Electric Corp. vs The City of Henderson, Kentucky and the City of Henderson Utility Commission d/b/a Henderson Municipal Power & Light. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 12, 2017 Maree Collins, City Clerk ________________________ MEETING ADJOURN: MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: 194 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 12, 2017 WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 8:40 p.m. ATTEST: ___________________________ Steve Austin, Mayor ______________________ September 26, 2017 Maree Collins, City Clerk