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Board of Commissioners Meetings

Regular Meeting

Henderson, KY · October 24, 2017

AgendaMinutes

Minutes

209 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on October 24, 2017 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 210 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 24, 2017 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 211 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on October 24, 2017 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 212 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 24, 2017 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 213 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on October 24, 2017 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 ________________________ 214 CITY OF HENDERSON – RECORD BOOK 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 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 ofMinutes of A Regular Meeting on September 26, 201 7 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 ofMinutes 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. 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 198 CITY OF HENDERSON - RECORD BOOK 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 199 CITY OF HENDERSON - RECORD BOOK 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, use. INADl)JTION, l (WE} DOESTA PUSllC ununes .<NO DRAINAGE F ROGERS FAMILY GROUP UC OWNER '400 E SYCAMORE ST EVANSV1Li..e, tN 4n13 DEED BOOK 462 PAGE-458 Pl.AT BOOK 6 PAGES 295B LOT2 PVA: 55G-24 ZONING: HG 1i:~;o+~~~:t DB 462 PG458 ,I· 'i' I; I I I I I I I I I I / Ul I I 00 I I I I I !;1 ! I ~ I,' I II ,// Ul 00 ' 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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