Board of Commissioners Meetings

195 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 26, 2017 MAYOR AUSTIN led the 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 Mr. Charles Stauffer, Police Chief Mr. Scott Foreman, Fire Chief Mr. Brian Williams, Public Works Director Mr. Mike Shockley, 9-1-1 Communications Supervisor Mrs. Nancy Stone, Parking Enforcement Officer Mr. Billy Stone Mr. Robert Gunter, Finance Director Mrs. Kay Mulligan, Treasury Supervisor Mr. Ray Nix, Code Administrator Mrs. Lynn Drew, Executive Assistant Mr. Tom Williams, HWU General Manager Mr. Tony Iriti, Kyndle CEO Ms. Christy Osborn, Downtown Henderson Partnership Ms. Lisa Fulkerson Mr. Jamie Conrad Mr. Rick Keelen Mr. Gary Thomas Mr. Tom Davis Mr. Douglas White, the Gleaner Ms. Chelsea Koerber, 44 News, and Cameraman 14 News Cameraman Mr. Mike Richardson, Police Reserve Officer ________________________ PRESENTATION: “Downtown Parking Discussion” LISA FULKERSON explained that she was a new business owner downtown located on main Street between Second and Third Streets. While she leases two spaces in the Imperial Parking Lot she indicated that she is a mobile employee and is in and out all day long so she parks in the same spot closest to her business several times during the day and has been ticketed because the software used by the city shows her vehicle in the same spot for prolonged periods, even though it has moved and come back. She is frustrated due to receiving tickets when there is an abundance of vacant parking spaces in her block and the lack of consideration for her specific needs. She also mentioned that it costs approximately $60,000.00 per year to have an enforcement officer with approximately only $26,000.00 revenue from the program. One suggestion that would address her issue would be that one parking pass be issued with each business license for businesses in the downtown area. MAYOR AUSTIN indicated that the city is not in the business of making money on parking or parking tickets, that when the parking meters were removed the two hour free parking was instituted for the purpose of a consistent turnover of spaces for customers of the downtown businesses. He further indicated that he believes that this Board is very open to reviewing the situation and making changes as this has not been reviewed in more than ten years. 196 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2017 TONY IRITI, Kyndle CEO, reported that Kyndle’s Government Affairs Committee in conjunction with the Downtown Henderson Partnership has discussed the parking issue at least five to seven times over the past year. He then listed suggestions that have been discussed in those meetings: Issuing friendly notice the first time exceeding parking limits; issuing businesses a voucher for a particular customer to permit four hour parking; allowing longer free parking in less busy blocks; installing signs to point out where unlimited free parking is available; reinstalling modern parking meters; letting businesses buy parking violation vouchers at a discount; and eliminate downtown parking enforcement all together. Each of these opinions had its advocates and opponents. Kyndle certainly understands that nobody likes to receive a parking ticket and our staff has come to understand that there is not one parking problem, there are multiple issues and it affects individuals differently. Many customers are sensitive to convenience and could change where they shop if they don’t get that one or two parking spaces right in front of a certain location. It became evident that the current two hour free parking policy is a compromise to allow for customer turnover. Kyndle conducted an informal poll of some of those downtown businesses in the busiest portion which is from Second Street to First on Main and on Second Street going in either direction from Main and those business owners feel that two hours is sufficient because downtown businesses are more of a destination, not like a shopping mall where you park in one spot and walk to every business all the way through. He concluded that the Government Affairs Committee and the Commerce Council of Kyndle have looked at this from all angles and have come to no conclusion as to what the best solution is and have not made a recommendation to the Policy Board for a final recommendation. CHRISTY OSBORN, Downtown Henderson Partnership Board Member, indicated that the DHP Economic Vitality Committee and Kyndle’s Taking Care of Business Committee met in May and June to discuss the parking situation and found that there isn’t really a fix that will make everybody happy. Some suggested free reign for about three months to see what issues might occur with no citations being issued. Others suggested letting business owners purchase vouchers to give to their customers. The question is who is getting the citations? Is it downtown residents, downtown employees, or downtown patrons? Residents and employees of downtown know the rules. Ultimately the $5.00 citation after two hours of free parking seems fair and there are signs posted. DHP’s suggestion would be to make the citations more friendly by thanking the customer for shopping downtown and enjoying two free hours of parking and then listing the parking areas near downtown where extended free parking is available. Also, give information to the Downtown Henderson Partnership and/or Henderson Tourism Commission websites for listings of all shopping, dining and events that Henderson has to offer. DISCUSSION WAS HELD regarding listing the areas of unrestricted parking on citations and signage; utilizing some type of voucher system for business owners to use for their customers or employees; selling discounted vouchers to be used to pay for tickets; issuing a courtesy ticket for first offense; ticket forms are pre-printed and Chief Stauffer will contact the company to inquire how much space would be available to add information; printing the information on the envelopes; reviewing for new software/equipment that may be able to tell when a vehicle has left and come back to a particular space within a specific timeframe; it is estimated that 80% to 90% of citations issued are to employees working within the downtown area; the software is capable of tracking space usage as well as license plate information for frequency of violations; review of signage for both restricted and unrestricted parking areas; review removing two hour parking in areas that there are no merchants, for example on Elm between the alleyway and Center Street in front of the church; review different time restrictions for different areas of the downtown; change 48 hours to five days for payment of violation before doubling; and review the scatter ordinance and how it is enforced. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: September 12, 2017, Regular Meeting  197 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 26, 2017 Resolution: Resolution 43-17: Resolution Authorizing Participation in 2018 Litter Abatement Grant Program Motion by Commissioner Staton, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 26, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 55-17: SECOND 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 Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 26, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 56-17: SECOND 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 198 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2017 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 26, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 57-17: SECOND 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 Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: September 26, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 58-17: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT 2201 U.S. 41 NORTH AT CANARY LANE AND ROBIN ROAD, KNOWN AS THE AT&T STORE MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, indicated that there had been an issue with the contractor that has been resolved and we are ready to accept the improvements. BRIAN WILLIAMS, Public Works Director, explained that there was an issue with a portion of curb poured out of grade causing water to stand in the streets. The City tore out and re-poured the curb to the correct standard and the contractor has paid us for the work. Robin  199 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 26, 2017 Road is on this year’s paving list and should be repaved within the next few weeks. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ RESOLUTION 44-17: RESOLUTION DESIGNATING CITY AS PARTICIPANT IN HENDERSON COUNTY SOLID WASTE MANAGEMENT AREA MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the resolution designating the City of Henderson as a participant in the Henderson County 2018- 2022 Solid Waste Management Area Plan. 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 26, 2017 Maree Collins, City Clerk ________________________ RESOLUTION 45-17: RESOLUTION IN SUPPORT OF I-69 CENTRAL CORRIDOR 1 FOR OHIO RIVER CROSSING MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the resolution in support of the selection of Central Corridor 1 for the I-69 Ohio River crossing while preserving the current Hwy 41 bridge as an alternative for the region’s safety and security. MAYOR AUSTIN indicated that this is the recommended route by BridgeLink and the County and the City. It is the least expensive of the three remaining routes, causes the least disruption in our community and offers a redundancy of crossings that the other routes would not provide. RICK KEELAN, property owner in the Central Corridor 1 area, challenged the commissioners and Mayor Austin on whether they knew which landowners would be affected by their choice. MAYOR AUSTIN indicated that he did not know the exact names of property owners, but the information that he did have indicated that this route has two homes and no businesses that will be impacted making it the least disruptive to our community compared to the West 200 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2017 Corridor 2 which impacts 200 homes directly and another 250 homes secondarily and on the West Corridor 1 route every business between the previously known as Monica’s Motel and Long John Silver’s would be directly impacted. GARY THOMAS spoke in opposition of Central Corridor 1 and suggested the route be further west of town for better economic development growth. He indicated that he was against Central Corridor 1 not because it goes through some of the best farmland in the area, but rather to increase the area for potential future growth the way Evansville did with the I-164 bypass. He stated, when it was built there was nothing in that area and look at all of the growth generated around and beyond that road now. MAYOR AUSTIN reported that the project’s economic development people indicate that companies that are willing to build will do so within a five mile radius of the interstate. So we are looking at a five mile radius of that corridor. He further reported that the Central Corridor 2 route that is further out would not have an interchange at Zion Road due to the $250 million price tag. 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 26, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 46-17: MUNICIPAL ORDER ACCEPTING BID FOR PURCHASE OF A WHEELED EXCAVATOR WITH MATERIAL HANDLER CAB FROM WHAYNE SUPPLY COMPANY OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $252,700.00 MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to accept the bid for the purchase of a wheeled excavator with material handler cab from Whayne Supply Company of Evansville, Indiana in the amount of $252,700.00 in strict accordance with its bid as submitted pursuant to Bid Reference 17-22. RUSSELL R. SIGHTS, City Manager, indicated that we were pleased with the amount of the bid and with the amount of competition for this piece of equipment. BRIAN WILLIAMS, Public Works Director, detailed that with the original bids there was one demo model that met all specifications that evidently sold on the day of the bid opening so it was no longer available. All other bids were under budget and all were less horsepower than the specifications required. The Sanitation Superintendent, one of the garage mechanics and an engineer inspected equipment from each of the next two lowest bidders and are in agreement that this piece of equipment will serve well for what we want to do. He further indicated that this purchase includes a one year warranty on parts and labor and that the diagnostics software that the City already has for another piece of equipment is compatible saving an approximate $1,600.00 per year for diagnostic software/equipment updates. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye:  201 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 26, 2017 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 26, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 47-17: MUNICIPAL ORDER APPROVING CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF HENDERSON AND MOTOROLA SOLUTIONS REGARDING THE 911 COMMUNICATION RADIO UPGRADE PROJECT MAYOR AUSTIN indicated that this is a positive change order and that you don’t see those too often. MOTION by Commissioner Staton, seconded by Commissioner Vowels, to approve the municipal order authorizing execution of a change order adding a fourth simulcast remote site to the contract between the City and Motorola Solutions relating to the 911 Communication Radio Upgrade project. CHARLES STAUFFER, Police Chief, indicated that with the current three antennae sites Motorola did not meet the contractual 95% portable countywide coverage requirement; therefore, there is no additional cost to the City for the equipment or installation and that maintenance for years four through ten on the additional site are also at no additional cost to the City. He further indicated that the warranty doesn’t start on any of the equipment until we formally accept it after it passes full foliage testing next spring. DAWN KELSEY, City Attorney, indicated that formal acceptance may come before the June date dependent upon receipt of the FCC licensing and full foliage testing. RUSSELL R. SIGHTS, City Manager, formally thanked all those involved, primarily Dawn, Mike, Chip, and the entire committee, for the hours and hours of work that went into this 9-1-1 project. 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 26, 2017 Maree Collins, City Clerk ________________________ REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: MAYOR AUSTIN indicated that there would be no ordinance review. 202 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2017 CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, indicated there will be no meeting on October 10th due to fall break; that a special called meeting has been scheduled for October 17th; and that depending on the timeliness of the agenda items the October 24th meeting may not be necessary. ________________________ RUSSELL R. SIGHTS, City Manager, reported that the downtown Halloween Parade and Trick or Treat event which had been sponsored by Downtown Henderson Partnership for many years will be sponsored by Rotaract this year and conducted on Halloween from 3:00 p.m. to 5:00 p.m. in the downtown area. ________________________ EXECUTIVE SESSION: Litigation and Real Estate MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(c) for the purpose of discussion of proposed litigation against the City regarding a sales tax overcharge and proposed litigation by the City involving an eminent domain action and pursuant to KRS 61.810(1)(b) for the purpose of deliberations on the possible future purchase of real estate in the area of First Street to Fifth Street, Ohio River to Green Street and for the purpose that property located between Richardson Avenue and Fifth Street and North Adams and the Pennyrile Parkway in that publicity would likely affect the value of the specific piece of property to be acquired for public use. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, 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: ________________________ COMMISSIONER PRUITT recused himself from the vote on the following item. RESOLUTION 46-17: RESOLUTION ACCEPTING AND APPROVING A REFUND TO LILLIE AND ROBERT PRUITT FOR SALES TAX ASSESSED ON THE UTILITIES FOR THE PROPERTY LOCATED AT 522 FAGAN STREET MOTION by Commissioner Vowels, seconded by Commissioner Staton, to adopt the resolution approving a refund in the amount of $1,622.54 for the period of January 5, 2004 through July 23, 2013 to Lillie and Robert Pruitt for sales tax erroneously assessed on the  203 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on September 26, 2017 utilities for property located at 522 Fagan Street in exchange for their release of claims against the City relating to this matter. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Abstain: 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 26, 2017 Maree Collins, City Clerk ________________________ EXECUTIVE SESSION: Real Estate MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(b) for the purpose of deliberation on a possible future purchase of real estate in the area of North Elm Street from Sugar Creek to Marywood Drive in that publicity would likely affect the value of specific piece of property to be acquired for public use. The vote was called. On roll call, the vote stood: Commissioner Bugg ------ Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Mayor Austin -------------- Aye: ________________________ MEETING RECONVENED: MOTION by Commissioner Bugg, 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: ________________________ 204 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 26, 2017 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: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:47 p.m. ___________________________ Steve Austin, Mayor ATTEST: October 24, 2017 ______________________ Maree Collins, City Clerk