Board of Commissioners Meetings
Regular MeetingHenderson, KY · October 24, 2017
Minutes
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INVOCATION was given by Pastor Eric Hoey, Presbyterian 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
ABSENT:
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. Robert Gunter, Finance Director
Mr. Trace Stevens, Parks & Recreation Director
Mrs. Jennifer Latimer, Executive Assistant
Mr. Tom Williams, HWU General Manager
Mr. Brian Bishop, Planning Commission Executive Director
Mr. Mark Chumbler, Henderson Rotary Club
Mr. Rob Wiederstein, Henderson Rotary Club
Pastor Eric Hoey, Presbyterian Church
Mr. Douglas White, the Gleaner
Mr. Mike Richardson, Police Reserve Officer
________________________
PROCLAMATION: “Celebrating the Henderson Rotary Club on the Occasion of Its
Centennial Anniversary”
MAYOR AUSTIN presented the “Celebrating the Henderson Rotary Club on the
Occasion of Its Centennial Anniversary” proclamation to Mark Chumbler and members of the
Henderson Rotary Club organization, and thanked them for all of their contributions to our
community.
________________________
PRESENTATION: Refund of Unused Funds
BRIAN BISHOP, Executive Director, Henderson-Henderson County Planning
Commission reported that their final audit had been completed and presented the City with a
check in the amount of $27,891.54 representing the City's portion of excess funds from their
fiscal year 2017 operating budget.
________________________
APPROVAL OF CONSENT AGENDA:
MAYOR AUSTIN asked the City Clerk to read the Consent Agenda.
Minutes: September 26, 2017, Regular Meeting
October 17, 2017, Special Called Meeting
Resolution: Resolution 48-17: Resolution Authorizing the Submittal of a
Grant Application for Public Transit Assistance
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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 Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
WHEREUPON, Mayor Austin declared the consent agenda items approved.
/s/ Steve Austin
Steve Austin, Mayor
ATTEST: October 24, 2017
Maree Collins, City Clerk ________________________
ORDINANCE NO. 58-17: SECOND 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 Bugg, seconded by Commissioner Pruitt, that the ordinance
be adopted.
MAYOR AUSTIN indicated that the ribbon cutting was last Friday and it seemed to be a
very attractive store and hoped they do well at that location.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: October 24, 2017
Maree Collins, City Clerk ________________________
ORDINANCE NO. 59-17: FIRST READ
ORDINANCE AMENDING PORTION OF HENDERSON WATER UTILITY
BUDGET
ORDINANCE AMENDING HENDERSON WATER UTILITY BUDGETED
POSITIONS AND JOB CLASSIFICATIONS OF THE 2017 – 2018 HWU BUDGET BY
ADDING ONE (1) HWU MAINTENANCE TECHNICIAN II POSITION
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance
be adopted.
TOM WILLIAMS, Henderson Water Utility General Manager, indicated that for several
years Henderson Water Utiltiy has had ghost positions in different classifications in order to
allow in-house testing and promotions into higher grades within the classified service as higher
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certifications are acquired. This will add one Maintenance Technician II position so that all four
of the current Maintenance Technician I positions have the opportunity to promote up through
the in-house promotional process. This does not increase employee count.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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 49-17:
RESOLUTION REQUESTING CSX TO EVALUATE INSTALLING FLASHING
LIGHTS OR OTHER WARNING SIGNALS ON THE RAILROAD CROSSING LOCATED
ON KIMSEY LANE IN THE CITY OF HENDERSON, KENTUCKY
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adopt the
resolution requesting CSX evaluate the installation of flashing lights or other warning signals on
the railroad crossing located on Kimsey Lane due to the high level of traffic by high school
students and the potential obstructive view of the crossing.
COMMISSIONER STATON indicated he has been contacted regarding the railroad
crossing on Kimsey Lane and that this road has a high level of high school student traffic and the
crossing only has yield signage with no warning signals. For the short term the adjoining
property owner will be contacted to possibly help with the scrub growth that partially obstructs
views and for a long term solution this will request that CSX evaluate this location for warning
signals before an accident happens.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: October 24, 2017
Maree Collins, City Clerk ________________________
RESOLUTION 50-17:
RESOLUTION APPOINTING JENNIFER LATIMER AS ACTING CITY CLERK
MOTION by Commissioner Bugg, seconded by Commissioner Staton, to adopt the
resolution appointing Executive Assistant Jennifer Latimer as acting City Clerk in the absence of
the City Clerk effective at the close of business on Friday, October 27, 2017.
RUSSELL R. SIGHTS explained that historically the Executive Assistant position has
been appointed as the acting City Clerk during an absence of the City Clerk and that several
years ago it was determined that the appointment should be done on a permanent basis and not
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each meeting of absence. He indicated that he was pleased to recommend Jennifer Latimer to be
appointed as acting City Clerk.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: October 24, 2017
Maree Collins, City Clerk ________________________
REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapter 8.
Cemeteries
DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended
revisions. Recommended revisions for Chapter 8 Cemeteries –– Article I – In General, Section
8-2, Issuance of permits for interment.- change name to Interment as permits are no longer issued
by the City for interment; 8-2 subsection (1) remove “he” and make it gender neutral; Section 8-
2 subsection (2) add “or designee” and change “permit” to “permission;” delete Section 8-2
subsections (3), (4), and (5) referring to the permitting process and add a new subsection (3)
“Any and all other requirement(s) under state statute;” Section 8-3 change all instances of
“Superintendent of cemeteries” to “Director of Parks, Recreation and Cemeteries or their
designee;” Section 8-3 subsection (14)-remove reference to the specific depth of a monument
foundation and make it that it must be inspected and approved by the Director of Parks,
Recreation and Cemeteries or their designee; Section 8-3 subsection (18) add “unless religious
observance dictates a shorter period of time” to the notice before interment or disinterment; and
Section 8-46 Payment of fees; deed; register of lot, subsection (a)- delete reference to the
mausoleum fund as this fund was terminated and incorporated into the cemeteries fund.
CITY MANAGER’S REPORT:
RUSSELL R. SIGHTS, City Manager, asked that Chief Stauffer give a status report on
the implementation of the new 9-1-1 radio system.
CHARLES STAUFFER, Police Chief, reported that the 9-1-1 radio system project, that
has taken so many months, has officially gone live with the County agencies, Sheriff’s
department, EMS and volunteer fire departments, transitioned into the system Monday;
Henderson City Fire department Tuesday morning; and Henderson City Police department this
afternoon. There are a few bugs to work out and the system encryption has not been completed
until the remaining mobile radios have been installed for the Sheriff and City Police departments,
which is expected to take about 30 days. At that point all law enforcement communications with
dispatch will be encrypted and will not be able to be received or heard by any other agency or
any other people with jammers. This will bring us up to industry standard. There are still a
couple more steps to completion, but we are finally utilizing the system.
________________________
COMMISSIONERS’ REPORT:
COMMISSIONER STATON reported that several churches and many other
organizations and individuals have joined Audubon Kids Zone, the JFK Center, and the School
System for a very special Trick or Treat Extravaganza on Sunday, October 29th. There will be a
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pre-party at Audubon Kids Zone at 2:30 p.m. with trick or treating along a one mile route from
Audubon Kids Zone to the JFK Center along Powell and Alvasia Streets beginning at 3:00 p.m.
and concluding at the JFK Center for chili, hot dogs, inflatables, games and lots and lots of fun
until 7:00 p.m. The school system will provide bus transportation to and from Newman Park and
back to Audubon Kids Zone. There are over 45 businesses, churches, organizations and
individuals registered to hand out candy along the route, including a police car, fire truck,
ambulance, book mobile, and Sheriff’s vehicle.
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 discussion of proposed
litigation by the City
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
________________________
MEETING RECONVENED:
MOTION by Commissioner Pruitt, seconded by Commissioner Staton, the Board of
Commissioners reconvened in regular session.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
________________________
MOTION:
MOTION by Commissioner Bugg, seconded by Commissioner Staton, to authorize the
City Attorney and the Henderson Water Utility Attorney to extend an offer of $21,500.00 to the
property owners of a 3.825 acre parcel of property located on Glover Drive and Canoe Creek in
fee simple including good title for the entire 3.825 acres sufficient for a title insurance company
to insure.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: October 24, 2017
Maree Collins, City Clerk ________________________
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Record of Minutes of A Regular Meeting on October 24, 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 Vowels --- Absent:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 6:00 p.m.
___________________________
Steve Austin, Mayor
ATTEST: November 14, 2017
______________________
Maree Collins, City Clerk
Agenda
City of Henderson, Kentucky
Board of Commissioners Meeting
Tuesday, October 24, 2017
Municipal Center
Third Floor Assembly Room
222 First Street
5:30 P.M.
AGENDA
1. Invocation: Pastor Eric Hoey, Presbyterian Church
2. Roll Call:
3. Recognition of Visitors:
4. Appearance of Citizens:
5. Proclamations: "Celebrating the Henderson Rotary Club on the Occasion of Its
Centennial Anniversary"
6. Presentations: Employee Service Award - Helen Keaton, 25 years
7. Public Hearings:
8. Consent Agenda:
Minutes: September 26, 201 7 Regular Meeting
October 17, 2017 Called Meeting
Resolutions: Resolution Authorizing the Submittal of a Grant Application for
Public Transit Assistance
9. Ordinances & Resolutions:
Second Readings: Ordinance Accepting Public Improvements - AT&T Store
(Canary Lane/Robin Road)
First Readings: Ordinance Amending HWU Positions and Job Classifications -
Maintenance Tech II
Resolutions: Resolution Requesting CSX to Evaluate Installation of Warning
Signals at Kimsey Lane Railroad Crossing
Resolution Appointing Acting City Clerk in the Absence of the
City Clerk
10. Municipal Orders:
Please mute or turn off all cell phones for the duration of this meeting.
11. Bids & Contracts:
12. Unfinished Business:
13. City Manager's Report:
14. Commissioners' Reports:
15. Appointments:
16. Executive Session:
17. Miscellaneous: Review and Discussion of Code of Ordinances - Chapter 8,
Cemeteries
18. Adjournment
Please mute or turn off all cell phones for the duration of this meeting.
City Commission Memorandum
17-221
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /)/
./
SUBJECT: Proclamation
A proclamation will be presented at the October 24 meeting "Celebrating the Henderson
Rotary Club on the Occasion of Its Centennial Anniversary".
Representatives from the Rotary Club of Henderson will be in attendance to receive the
proclamation.
c: Dawn Kelsey
Trace Stevens
ro: clamatio:tt "Celebrating the Henderson Rotary Club
on the Occasion of Its Centennial Anniversary"
w 4.tr.tas The Henderson Rotary was organized September 6, 1917 and
chartered December 1, 1917. Its members have been dedicated to
"Service above Self' for 100 years, pursuing volunteer projects that
improve the quality of life for all Henderson residents and contribute to a
healthy and more peaceful world; and
t u bereall The Henderson Rotary has raised funds to help start the St. Anthony's
Hospice and to provide yearly grants to local nonprofits; and
W bereall The Henderson Rotary has conducted the Archie Riehl Rotary Field Day,
an annual athletic outing for more 300 local elementary school students,
for more than 75 years in honor of Archie Riehl, a longtime educator in
the Henderson City school system who was also a coach; and
t u bereall The Henderson Rotary supports education by providing community
college scholarships through the creation and funding of the Rotary
Colonels to College Scholarship and by providing each third grader a
personal dictionary or storybook; and
t u bereall The Henderson Rotary supports and works collaboratively with scores of
college and high school students and young professionals as well as with
members of the Henderson Rotaract Club, who are making a positive
difference in the community and the world.
NOW, THEREFORE, I, Steve Austin, Mayor of the City of Henderson, Kentucky,
do hereby recognize the Henderson Rotary Club and
encourage all citizens to join me in congratulating them
on their extraordinary contributions to Henderson during
their 100-year history of service.
IN WITNESS WHEREOF, I have hereunto caused
these letters to be spread upon this page and caused the
seal of the City Henderson to be affixed this 24th day of
October 2017.
St:Q C\-r/\x---~
Steve Austin, Mayor
A 1
l!d.L_
. Collins, ~rk
City Commission Memorandum
17-222
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;J)
SUBJECT: Presentation
There is one item scheduled under the Presentations section of the agenda for
Tuesday, October 24th.
1. Helen Keaton, Occupational Tax Administrator, will be m attendance to
receive her 25-year service pin from Mayor Austin.
City Commission Memorandum
17-223
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;2.J
SUBJECT: Consent Agenda
The Consent Agenda for the meeting of October 24, 2017, contains the following:
Minutes: September 26, 2017 Regular Meeting
October 17, 2017 Called Meeting
Resolutions: Resolution Authorizing the Submittal of a Grant Application for
Public Transit Assistance
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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.
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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
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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.
Isl 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 yowels --- 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.
Isl 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
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Record ofMinutes 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.
Isl Steve Austin
Steve Austin, Mayor
ATIEST: 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.
Isl Steve Austin
Steve Austin, Mayor
ATIEST: 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
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Record ofMinutes 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 1-69 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 1-69 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, 201 7
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 1-164 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 WHA YNE 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 ofMinutes of A regular Meeting on September 26, 201 7
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.
Isl Steve Austin
Steve Austin, Mayor
ATIEST: 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 c;ontract 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.
Isl Steve Austin
Steve Austin, Mayor
ATIEST: 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 ofMinutes of A Regular Meeting on September 26, 201 7
CITY MANAGER'S REPORT:
RUSSELL R. SIGHTS, City Manager, indicated there will be no meeting on October 101h
due to fall break; that a special called meeting has been scheduled for October 1?1\ 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 61.8IO(l)(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
A venue 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 ofMinutes 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.
Isl 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 ofMinutes 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
205
CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on October 17, 2017
A special called meeting of the Board of Commissioners of the City of Henderson,
Kentucky, was held on Tuesday, October 17, 2017, at 2:00 p.m., prevailing time, in the third
floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson,
Kentucky.
There were present Mayor Steve Austin presiding:
PRESENT:
Commissioner Austin P. Vowels
Commissioner Bradley S. Staton
Commissioner Robert N. Pruitt, Sr.
Commissioner Patti Bugg
ABSENT:
ALSO PRESENT:
Mr. Russell R. Sights, City Manager
Mrs. Dawn Kelsey, City Attorney
Ms. Maree Collins, City Clerk
Mr. Robert Gunter, Finance Director
News Cameraman
RESOLUTION 47-17:
RESOLUTION GIVING AUTHORIZATION TO THE MAYOR AND CITY
MANAGER TO PREPARE AND SUBMIT A BID TO PURCHASE THE OFFICE BUILDING
LOCATED AT 212 N. WATER STREET, HENDERSON, KENTUCKY WHICH HAS BEEN
DECLARED SURPLUS PROPERTY BY THE STATE OF KENTUCKY, AND TO
AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE ANY DOCUMENTS
NECESSARY TO SUBMIT THE BID
MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to adopt the
resolution approving authorizing the Mayor and City Manager to prepare, execute and submit
any documents necessary in order to bid for the purchase of the office building located at 212
North Water Street, Henderson, Kentucky, which has been declared surplus property by the State
of Kentucky.
DAWN KELSEY, City Attorney, noted that this action is necessary as formal action in
an open meeting is required prior to submitting an offer or a bid for the purchase of property.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt ------ Aye:
Commissioner Bugg ------ 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: October 17, 2017
Maree Collins, City Clerk
206
CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on October 17, 2017
MEETING ADJOURN:
MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adjourn the
meeting.
The vote was called. On roll call, the vote stood:
Commissioner Vowels --- Aye:
Commissioner Staton ----- Aye:
Commissioner Pruitt------ Aye:
Commissioner Bugg ------ Aye:
Mayor Austin -------------- Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at
approximately 2:02 p.m.
Steve Austin, Mayor
October 24, 2017
ATTEST:
Maree Collins, City Clerk
City Commission Memorandum
17-228
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /J..J
SUBJECT: Resolution Authorizing the Submittal of a Grant Application for
Public Transit Assistance
The accompanying resolution authorizes the submittal of a Section 5307 grant
application in the amount of $705,570 in Section 5307 funds with the U.S. Department of
Transportation for operating, capital, and planning assistance for FY 2018 .
The FTA Section 5307 grant application will assist in funding the HART FY
2018 fixed route and demand response services, and planning activities associated with
HART projects in the Evansville Metropolitan Planning Organization FY 2017-2018
Unified Planning Work Program.
Your approval of the attached resolution is requested.
c: Brian Williams
Brenda Wethington
Robert Gunter
Evansville MPO
Bllr:18
Henderson. Vanderburgh . Warrick
Seyed Shokouhzadeh
Executive Director
TO: Mayor
Board of Commissioners
FROM: Seyed Shokouhzadeh, EMPO Executive Director
Matt Schriefer, EMPO Transit Planner
SUBJECT: City of Henderson, HART FY 2018 FTA Section 5307 (FFY17)
Grant Application
DATE: October 16, 2017
A Resolution authorizing the submittal of the City of Henderson, HART FY 2018 Federal Transit
Administration (FTA) Section 5307(FFY17) Operating , Capital and Planning Grant Application is
on The Board of Commissioners agenda for October 24, 2017. Please find enclosed a copy of
the proposed Resolution and Program of Projects for your review.
The FTA Section 5307 grant application will assist in funding the HART FY 2018 fixed route and
demand response services, and planning activities associated with HART projects in the
Evansville Metropolitan Planning Organization FY 2017-2018 Unified Planning Work Program.
Upon the approval of the Resolution by the Board of Commissioners, the Evansville MPO will
submit the application electronically through TrAMS to the FTA.
Should you have any questions, please contact Matt Schrieferat the Evansville MPO
(mschriefer@evansvillempo.com or 812-436-7833).
Evansville Metropolitan Planning Organization
Civic Center Complex, Room 316 • 1 N.W. Martin Luther King, Jr. Blvd. • Evansville IN, 47708-1833
P: 812-436.7833 • F: 812-436-7834
www.evansvillempo.com
llendl'r,on• l'anderhnrgh • ll'arrick
Seyed Shokouhzadeh
Executive Director
HART FY 2018
SECTION 5307 (FFY17) GRANT APPLICATION
PROGRAM OF PROJECTS
Section 5307 (Operating, Capital, and Planning)
Operating Assistance - Operating assistance to provide fixed route service.
ADA Complementary Service - Provide complementary paratransit service to persons with disabilities.
Preventive Maintenance Activities - Preventive Maintenance Activities for HART include scheduled inspections,
fluids and filters, and other routine preventive maintenance activities.
Planning Assistance - Evansville Metropolitan Planning Organization will initiate the following planning projects as
described in the FY 2017 & FY 2018 Unified Planning Work Program (UPWP) : provide technical and planning
assistance as needed and submit FTA grants and required materials in the TrAMS system.
Section 5307 Project Funding
Project TOTAL FTA KYTC LOCAL
Operating Assistance $817,791 $237 ,098 $0 $580,693
ADA Complementary Service $307,870 $246,296 $30,787 $30,787
Preventive Maintenance $265 ,220 $212,176 $26,522 $26,522
Planning $12,500 $10,000 $0 $2,500
TOTAL $1,403,381 $705,570 $57,309 $640,502
Evansville Metropolitan Planning Organization
Civic Center Complex, Room 316 • 1 N.W. Martin Luther King, Jr. Blvd. • Evansville IN, 47708-1833
P: 812-436.7833 • F: 812-436-7834
www.evansvillempo.com
RESOLUTION NO.- - -
RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT
APPLICATION FOR PUBLIC TRANSIT ASSISTANCE
WHEREAS, the Federal Transit Act of 1964, as amended, authorized the U.S. Department of
Transportation to make grants for public transit programs and projects; and
WHEREAS, the grant imposes certain obligations upon the City, including the requirement
to provide the local share of project costs and to comply with Title VI of the Civil Rights Act of
1964;and
WHEREAS, the receipt of federal funding is critical to the continued operation of a public
transit system in the City; and
WHEREAS, the City Manager recommends submittal of the grant application;
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the
recommendation of the City Manager is approved, and the City Manager is hereby authorized to file
a Section 5307 grant application in the amount of $705,570.000in Section 5307 funds with the U.S.
Department of Transportation for operating, capital, and planning assistance for Fiscal Year 2018.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute and file any
other documents required by the U.S. Department of Transportation in conjunction with this grant
application.
On motion of Commissioner , seconded by Commissioner
_ _ _ _ _ _ _ _ _ _ , that the foregoing Resolution be adopted, the vote was called. On roll
call the vote stood:
Commissioner Vowels: - - - - - Commissioner Bugg: - - - - -
Commissioner Staton: Mayor Austin:
Commissioner Pruitt:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the
date thereto and ordered that the same be recorded.
Steve Austin, Mayor
ATTEST:
Date
Maree Collins, City Clerk
APPROVED AS TO F9RM AND
LEGALITY THIS _jJ2._ DAY OF
OCTOBE 2017.
City Commission Memorandum
17-224
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;2J
SUBJECT: Public Improvements Acceptance- Sidewalk-Canary Lane, Robin Road
An item for the agenda of Tuesday, October 24, 2017 is final reading of an
ordinance accepting public improvements for the AT&T Store (Canary Lane, Robin
Road).
Included in this acceptance are approximately 20 lineal feet of 6' wide concrete
sidewalk, and 93 lineal feet of 6' wide concrete sidewalk.
The improvements have been built in accordance with the public improvement
specifications, have been inspected and approved, and are recommended for acceptance
by the Henderson-Henderson County Planning Commission at its meeting of September
5, 2017.
Your approval of the attached ordinance is requested.
c: Brian Bishop
Doug Boom
Henderson City-County Planning Commission Claudia Wayne
Assistant
Executive Director
September 6, 2017
Mayor Steve Austin
City Commissioners
Municipal Center
Henderson, Ky. 42420
RE: Acceptance of Sidewalk Henderson Warren, LLC (AT&T Store), located in Henderson,
Ky.
Dear Mayor and Commissioners:
Please be advised Tuesday, September 5, 2017 the Henderson City-County Planning Commission
took official action to recommend acceptance of the following:
Sidewalk
Canary Lane- 20 Lineal feet of 6' wide concrete sidewalks
Robin Road - 93 Lineal feet of 6' wide concrete sidewalks
These improvements were constructed in accordance with the public improvement specifications
and final inspection was preformed by the Henderson Engineering Department. The Henderson
City-County Planning Commission at this time request your consideration.
Respectfully submitted,
u~w
Claudia Wayne ~
Assistant Executive Director
HENDERSON CITY-COUNTY
PLANNING COMMISSION
Attachment
C: Dawn Kelsey, City Attorney
Russell Sights, City Manager
1990 Barret Court• Suite C • Hen~erson, KY 42420 • Phone (270) 831-1289 • Fax (270) 831-1237
Ema1l :cwayne@hendersonplanning .org
www.hendersonplanning .org
ORDINANCE NO. 58-17
ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS
SUMMARY: 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
WHEREAS, at a meeting of the Henderson City-County Planning Commission held
on September 5, 2017 it was recommended that certain public improvements for property located at
2201 U.S. 41 North at Canary Lane and Robin Road, known as the AT&T Store in the City of
Henderson be accepted; and
WHEREAS, said improvements have been made m accordance with public
improvements specifications and regulations .
NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that
the City hereby accepts certain public improvements for property located at 2201 41 North at Canary
Lane and Robin Road, known as the AT&T Store , which is generally depicted on the attached plat
marked Exhibit "A", and consists of the following:
Sidewalks
Canary Lane-20 Lineal feet of 6' wide concrete sidewalks
Robin Road-93 Lineal feet of 6' wide concrete sidewalks
All ordinances or parts of ordinances in conflict herewith are hereby repealed and
superseded to the extent of such conflict.
This ordinance shall become effective upon its legal adoption.
On first reading of the foregoing ordinance, it was moved by Commissioner
Staton , seconded by Commissioner Vowels , thatthe
ordinance be adopted on its first reading.
On roll call the vote stood:
Commissioner Bugg: AYE Commissioner Pruitt: AYE
Commissioner Vowels: AYE Mayor Austin: AYE
Commissioner Staton: AYE
WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and
ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
PUBLICATION DATE: FIRST READ: 09/26/2017
SECOND READ:
ORDINANCE NO. 58-17
ORDINANCE NO. 58-17 (CONT.)
On second reading of the ordinance, it was moved by Commissioner
_ _ _ _ _ _ _ _ _ _ _ , seconded by Commissioner , that the
ordinance be adopted.
WHEREUPON, the vote was called. On roll call the vote stood:
Commissioner Bugg: Commissioner Pruitt: - - -
Commissioner Vowels: - - - Mayor Austin:
Commissioner Staton:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature
and the date and ordered that it be recorded.
Steve Austin, Mayor
Date: - - - - - - - - - - - -
ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND
LEGALITY THIS ,J_i) DAY OF
SEPTEMBER, 201 r.=-
By: ~
City Attorney
-2-
ORDINANCE NO. 58-17
PARCEL OWNER, ADDRESS,
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DEED BOOK 462 PAGE-458
Pl.AT BOOK 6 PAGES 295B
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AT&T STORE - 2201 US41 NORTH
CANARY LANE: 20 Lineal feet of 6' wide concrete sidewalks
ROBtN ROAD: 93 Lineal feet of 6' wide concrete sidewalks
EXHIBIT "A"
City Commission Memorandum
17-225
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /J
SUBJECT: Amending Henderson Water Utility Budgeted Positions and Job
Classifications of the 2017-2018 HWU Budget by Adding One (1)
HWU Maintenance Technician II Position
Enclosed for the agenda of Tuesday, October 24, 2017, is first reading of an
ordinance changing the HWU Schedule of Budgeted Positions and Job Classifications.
The attached Memorandum from HWU General Manager Tom Williams details
the revision that adds one Maintenance Technician II position to allow for promotions,
resulting in having 14 total positions authorized at the Maintenance Tech Senior, I, and II
levels, but only having ten of those positions filled at any time.
The attached Water & Sewer Commission Resolution No.2017-30 was approved
on their September 18, 2017 meeting and recommendation is made accordingly.
Your approval of the attached ordinance is requested.
c: Tom Williams
Connie Galloway
Robert Gunter
HENDERSON WATER UTILITY Water • Wastewater • Stormwater
MANAGED BY THE WATER & SEWER COMMISSION OF THE CITY OF HENDERSON TOM WILLIAMS, P.E.
GENERAL MANAGER
Date: 19 September 2017
Memo To: Mayor Steve Austin
Henderson City Commissioners
Russell Sights, City Manager
Connie Galloway, Director of Human Resources
OigilA!ly .s;gnl!d
From: Tom Williams, P.E. ON: <.m=lom
by Tom Wil:iams
Wif:lams.
-- , o:He,od- Water Utility.
General Manager ---i-=- '-- ~ :=&i~iliarns{ehkywateJ".org.
c-=-US
Date: 2017.09.19 08:05:50 -05W
Subject: Change to HWU Schedu le of Budgeted Positions
At its meeting on 18 September, the Water and Sewer Commission passed a Resolution making
a slight change to our Schedule of Budgeted Positions. We normally try to make these changes
as part of the budget process, but an oversight during budgeting makes this necessary, now.
In our 2014-2015 Budget, we added positions to our Maintenance Team to allow us to promote
those employees as they obtained training and licensure in that field (electrician licenses, etc.).
Extra, unfilled positions in the I & II classifications allowed us to hire employees in at the lower
level, and then promote to MT II as they were trained . That has worked very well. At the time,
we had two employees in Maintenance Technician, Sr. positions at Grade 18, and we did not
change their classification or grade. Our stated plan at that time was to eventually eliminate
the MT, Sr. classification by attrition . One of those gentlemen has now retired, and one
remains.
We now have an MT II retiring at the end of August, and to allow room for all the current MT I
employees (4) to eventually promote, we will need an additional "ghost" position at the MT II
level. This results in having 14 total positions authorized at the Maintenance Tech Sr., I & II
levels, but we will only have 10 of those positions filled at any time. This is the same level of
employment as in the previous and current fiscal years - we are not adding to our headcount.
The extra positions in this arrangement will simply allow all those in the current MT I
classification the option to promote, depending on the enhanced qualifications of the individual
employees. The changes are highlighted on the attached Schedule of Budgeted Positions,
which replaces the one in our current budget.
Confusing, I know, but the rigid classification and grade system under Civil Service leads us to
perform gymnastic moves, at times. We appreciate the City's help in setting this system up, so
that our employees can promote and better their lot in life.
If you have any questions or need further information on this or any other matter, please feel
free to call me at 270.869.6621 (Office) or 270.823.2573 (Cell).
111 Fifth Street • Henderson, Kentucky 42420 • Phone {270) 826-2421 • Fax {270) 826-2428 • www.hkywater.org
ORDINANCE NO.
ORDINANCE AMENDING PORTION OF HENDERSON WATER UTILITY
BUDGET
SUMMARY: ORDINANCE AMENDING HENDERSON WATER UTILITY
BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2017-
2018 HWU BUDGET BY ADDING ONE (1) HWU MAINTENANCE
TECHNICIAN II POSITION
WHEREAS, Ordinance No. 23-17, adopted the Henderson Water Utility 2017-2018
Budget and Appropriation ordinance; and
WHEREAS, the Henderson Water and Sewer Commission recommends through
Resolution No. 2017-30 (attached hereto) the modifications as proposed.
NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky that
the Budgeted Positions and Job Classifications of the 2017 -2018 Henderson Water Utility Budget
is hereby amended by adding one HWU Maintenance Technician II position as shown on the list of
HWU Budgeted Positions, which is attached hereto and made a part hereof by reference.
All ordinances or parts of ordinances in conflict herewith are hereby repealed and
superseded to the extent of such conflict.
This ordinance shall become effective upon its legal adoption.
On first reading of the foregoing ordinance, it was moved by Commissioner
_ _ _ _ _ _ _ _ _ _., seconded by Commissioner , that the
ordinance be adopted on its first reading.
On roll call the vote stood:
Commissioner Vowels: - - - - Commissioner Bugg: - - - -
Commissioner Staton: Mayor Austin:
Commissioner Pruitt:
WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and
ordered that it be presented for second reading at a regular meeting of the Board of Commissioners.
-1-
On second reading of the foregoing ordinance, it was moved by Commissioner
_ _ _ _ _ _ _ _ _ seconded by Commissioner , that the ordinance be
adopted.
WHEREUPON, the vote was called, on roll call the vote stood:
Commissioner Vowels: - - - - - Commissioner Bugg: - - - -
Commissioner Staton: Mayor Austin:
Commissioner Pruitt:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature
and the date and ordered it be recorded.
Steve Austin, Mayor
Date
ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND
LEGALITY THIS _i_fDAY OF
OCTOBER, 2017.
By: £~~ DawnS.Kel~
City Attorney
- 2-
HENDERSON WATER AND SEWER COMMISSION
RESOLUTION OF THE BOARD OF COMMISSIONERS
Resolution No. 2017 - 30
The following Resolution was duly adopted by the Boa rd of Commissioners of the Henderson
Water & Sewer Comm ission at a regular meeting held on Monday, 18 September 2017, at which meeting
a quorum was present.
BE IT RESOLVED, that the Henderson Water and Sewer Commission by and through its Board of
Commissioners under the authority granted under Chapter 23 Art icle II Division 3 Sections 23-36 through
23-41.1 of the City Code of Ordinances hereby adopts a revision to the Schedule of Budgeted positions
that adds one (1) Maintenance Technician II position to allow for promotions.
The total number of positions in the t hree Maintenance Techn ician classifications (Maintenance
Tech, Sr., Maintenance Tech I and Maintenance Tech II) will be fourteen (14), but no more than ten (10)
of those positions will be filled. This is equal to the current number of actual employees in these
classifications as of the adoption of the HWU Budget for the 2017-2018 Fiscal Year.
A copy of the revised Schedule of Budgeted positions is attached as Exhibit "A", and it is
incorporated herein by reference.
The new Schedu le of Budgeted positions will become effective upon approval by the City
Commission.
IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 18 September
2017, and upon Motion made by Commissioner liar~ Tlnri;ri.j , and seconded by Commissioner
-~h;. -HlmdGrt; ,I) , the Board of Commissioners voted as follows:
AYE NAY
Commissioner, R. Paul Bird, Jr.
Commissioner, George Jones, Ill
Commissioner, John Henderson
Commissioner, Gary Jennings
Commissioner, Julie Wischer I ,.......,:
Tom Wi lliams, P.E.
HWU General Manager
!Exhibit A I
Full Time Positions
Budgeted Positions
REVISED
Job Classification
Location LDegartment FY FY
17-18 17-18
NWTP 01-811
Treatment Plant Operator Chief 1 1
Water Treatment Operator, II s s
Water Treatment Operator, I 2 2
Water Quality Specialist 2 2
Total 10 10
NWWTP 01-836
Treatment Plant Operator Chief 1 1
Wastewater Treatment Operator, II 4 4
Wastewater Treatment Operator, I 3 3
Water Quality Specialist 1 1
Total 9 9
PRE-TREAT 01-837
Environmental Compliance & Pretreatment Coordinator 1 1
Total 1 1
SWTP 02-811
Treatment Plant Operator Chief 1 1
Water Treatment Operator, II s s
Water Treatment Operator, I 2 2
Total 8 8
SWWTP 02-836
Treatment Plant Operator Chief 1 1
Wastewater Treatment Operator, II 4 4
Wastewater Treatment Operator, I 3 3
Total 8 8
HWU ADMIN 03-803
HWU General Manager· Full Time Contract Employee 1 1
HWU Chief Financial Officer· Full Time Contract Employee 1 1
HWU Purchasing Mana£er 1 1
Information Technology Manager 1 1
Administrative Assistant 1 1
Secretary, Senior 1 1
Total 6 6
SOC:
ADMIN & ENG 04-861 Director of Field Operations· Full Time Contract Employee 1 1
Director of Plant Operations 1 1
HWU Chief Engineer 1 1
Projects & Compliance Manager 1 1
HWU Automation Manager 1 1
HWU Utility System Superintendent 2 2
Distribution System Operator 1 1
HWU Construction Inspector 1 1
HWU Safety & Training Coordinator 1 1
Engineering Technician 1 1
GIS Manager 1 1
GIS Analyst 1 1
Purchasing Aide 1 1
Receivin£/lnventorv Clerk 1 1
Administrative Assistant 1 1
Secretary, Senior (SOC) 1 1
Secretary 1 1
Total 18 18
Full Time Positions
Budgeted Positions
REVISED
Job Classification
Location LDeeartment FY FY
17-18 17-18
SOC:
DIST - COLLECT- MAINT Utility System Crew Leader 5 5
04-862 Utility System Worker I 9 9
Utility System Worker II 6 6
Utility System Worker Ill 5 5
Utilitv System Specialist 1 1
Utility System Specialist - Camera Truck Lead 1 1
HWU Maintenance Technician Sr 1 1
HWU Maintenance Supervisor 1 1
HWU Maintenance Technician I 4 4
HWU Maintenance Technician II 8 9
Utility Locator/Geospatial Technician 1 1
Total 42 43
SOC:
AUTOMATION 04-863 HWU Automation Specialist 2 2
Total 2 2
SOC:
SUPPORT 04-864 Vehicle Mechanic 1 1
Maintenance Welder 1 1
Total 2 2
TOTAL NUMBER OF BUDGETED FULL TIME EMPLOYEES 106 107
Part Time & Seasonal Positions
NWTP 01-811 HWU Seasonal Positions 1 1
NWWTP 01-836 HWU Seasonal Positions 1 1
SWTP 02-811 HWU Seasonal Positions 1 1
SWWTP 02-836 HWU Seasonal Positions 1 1
soc 04-861 Treatment/Engineering Interns - Seasonal 2 2
soc 04-862 Utility System Worker Seasonal 0 0
soc 04-862 HWU Seasonal Positions 6 6
soc 04-864 HWU Seasonal Positions 1 1
TOTAL BUDGETED PT & SEASONAL EMPLOYEES 13 13
HWU Admin 03-803
Commissioners HWU Commissioner 5 5
TOTAL BUDGETED W&S COMMISSIONERS 5 5
TOTAL NUMBER OF BUDGETED HWU EMPLOYEES 124 125
Note: While there are 14 positions total in the Water Treatment Operator I and II
classifications, there will never be more than 10 of those positions filled.
While there are 14 positions total in the Wastewater Treatment Operator I and II
classifications, there will never be more than 9 of those positions filled.
While there are 14 positions total in the Maintenance Technician I and II, and Sr.
classifications, there wil l never be more than 10 of those positions filled.
While there are a total of 20 positions in the Utility Worker I, II & Ill
classifications, there will never be more than 17 of those positions filled.
City Commission Memorandum
17-229
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /JI
SUBJECT: Request CSX to Evaluate Kimsey Lane Railroad Crossing
The accompanying resolution requests CSX to evaluate installing flashing lights
or other warning signals on the railroad crossing located on Kimsey Lane.
It has been brought to the attention of Commission Brad Staton that this location should
be evaluated to determine the feasibility of installing flashing lights.
Attached is a picture of the railroad track.
Your approval of the attached resolution is requested.
c: Dawn Kelsey
RESOLUTION NO. - - - -
RESOLUTION REQUESTING CSX TO EVALUATE INSTALLING FLASHING LIGHTS
OR OTHER WARNING SIGNALS ON THE RAILROAD CROSSING LOCATED ON
KIMSEY LANE IN THE CITY OF HENDERSON, KY
WHEREAS, an official of the City of Henderson has been made aware of the
potential need for flashing lights, or other warning signals on the CSX Railroad crossing located in
the City of Henderson, KY on Kimsey Lane; and
WHEREAS, some issues that might be evaluated are the high level of traffic by high
school students on this road and the potential obstructive view of the crossing, and
WHEREAS, the City believes that it would be beneficial for CSX to evaluate whether
a need exist to install additional warning signal at the Kimsey Lane railroad crossing;
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that
the recommendation of the city official is approved, and the City of Henderson request CSX to
evaluate the need to install additional warning signals at the Kimsey Lane railroad crossing.
On motion of Commissioner , seconded by Commissioner
_ _ _ _ _ _ _ , that the foregoing Resolution be adopted, the vote was called.
On roll call the vote stood:
Commissioner Vowels: - - - - Commissioner Bugg: - - - -
Commissioner Staton: Mayor Austin:
Commissioner Pruitt:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed her signature
and the date thereto and ordered that the same be recorded.
ATTEST: Steve Austin, Mayor
Date: - - - - - - - - - - -
Maree Collins, City Clerk
APPROVED AS TO FORM AND
LEGALITY THIS /!L
DAY OF
::04&e~ City Attorney
City Commission Memorandum
17-230
October 20, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;a/
SUBJECT: Appointment of Acting City Clerk
The accompanying resolution appoints Jennifer Latimer, Executive Assistant, to
serve as Acting City Clerk in the absence of the City Clerk.
This action appoints an Acting City Clerk in the absence of the City Clerk, and
will streamline the process without the need to designate someone at each Board of
Commission meeting.
Your approval of the attached resolution is requested.
RESOLUTION NO.
RESOLUTION APPOINTING JENNIFER LATIMER
AS ACTING CITY CLERK
WHEREAS, it is necessary to appoint an Acting City Clerk in the absence of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that
Jennifer Latimer is hereby appointed Acting City Clerk effective at the close of business on Friday,
October 27, 2017.
On motion of Commissioner , seconded by Commissioner
_ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the
vote stood:
Commissioner Vowels: - - - - Commissioner Bugg: _ _ __
Commissioner Staton: Mayor Austin:
Commissioner Pruitt:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and
the date thereto and ordered that the same be recorded.
Steve Austin, Mayor
ATTEST: Date: - - - - - - - - - - -
Maree Collins, City Clerk
APPROVED AS TO FORM AND
LEGALITY THIS L7-
DAY OF
OCTOBER, 2017.
By:
'Dawn S. Kelsey
City Attorney
UPCOMING
BOARD APPOINTMENTS
BOARD EXPIRATION DATE TERM
PARKS AND RECREATION COMMISSION
Current Term Expires
Bill Stevens 09/14/2017 4-Year
Rhonda Richard 09/14/2017 4-Year
MUNICIPAL HOUSING COMMISSION
Current Term Expires
Holly Vincent 09/30/2017 4-Year
Meeting : 10/24/2017
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