Board of Commissioners Meetings

213 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on November 14, 2017 INVOCATION was given by Pastor Anthony Anguish, Mt. Olivet Baptist Church, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Charles Stauffer, Police Chief Mr. Jermaine Poynter, Police Major Mr. Mike Shockley, 9-1-1 Communications Supervisor Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks & Recreation Director Mr. Brian Williams, Public Works Director Mr. Sam Lingerfelt, Sanitation Superintendent Mr. Owen Reeves, Gas System Director Mrs. Jennifer Latimer, Executive Assistant Mrs. Helen Keaton, Occupational Tax Administrator Mrs. Sharon Coffman, Occupational License Tax Representative, Sr. Mr. Tom Williams, HWU General Manager Pastor Anthony Anguish, Mt. Olivet Baptist Church Mr. Douglas White, the Gleaner Mr. Mike Richardson, Police Reserve Officer ________________________ PROCLAMATION: “Small Business Saturday” MAYOR AUSTIN asked the Clerk to read the proclamation proclaiming Saturday, November 25th as “Small Business Saturday” in Henderson and encouraged residents to support small businesses and merchants on that day as well as throughout the year. ________________________ PRESENTATION: “25-Year Service Award” MAYOR AUSTIN expressed appreciation to Occupational Tax Administrator Helen Keaton for her 25 years of service and dedication to the City of Henderson. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: October 24, 2017, Called Work Session October 24, 2017, Regular Meeting 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: 214 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 14, 2017 Commissioner Vowels --- Aye: 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: November 14, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 59-17: SECOND 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 Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. 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 ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 14, 2017 Maree Collins, City Clerk ________________________ ORDINANCE NO. 60-17: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING CEMETERIES AN ORDINANCE AMENDING CHAPTER 8, CEMETERIES, ARTICLE I, IN GENERAL, SECTION 8-2 [ISSUANCE OF PERMITS FOR] INTERMENT, SECTION 8-3 RULES AND REGULATIONS, AND SECTION 8-46 PAYMENT OF FEES; DEED; REGISTER OF LOT, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. DAWN KELSEY indicated that these ordinance amendments were discussed as part of ordinance review. 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:  215 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on November 14, 2017 WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 61-17: FIRST READ ORDINANCE AMENDING GARBAGE AND REFUSE AND RUBBISH AN ORDINANCE AMENDING CHAPTER 14, GARBAGE AND REFUSE, AND RUBBISH, ARTICLE I, IN GENERAL, ARTICLE II, CENTRAL BUSINESS DISTRICT, ARTICLE III, TRANSFER STATION/RESIDUAL [SANITARY]LANDFILL, ARTICLE IV, COMMERCIAL HAULERS, AND ARTICLE V, RATES AND CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, that the ordinance be adopted. DAWN KELSEY, City Attorney, indicated that the changes were a result of the ordinance review and that a question arose during staff review and was asked earlier this evening on the sanitation collection rates and fees. In the originating ordinance, the collection fee of $17.00 includes a $1.00 recycling fee; however, on the utility bill the charges are broken out to show the recycling fee and $16.00 for sanitation collection. If there are ever changes to recycling these fees would need to be reviewed. MAYOR AUSTIN and COMMISSIONER STATON thanked the staff committee for their time and effort in the review and revision of this ordinance. 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 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 51-17: RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY (“CITY”) AUTHORIZING THE EXECUTION OF A GAS SUPPLY CONTRACT (“CONTRACT”) WITH THE PUBLIC ENERGY AUTHORITY OF KENTUCKY (“PEAK”) FOR THE PURCHASE OF NATURAL GAS FROM PEAK; ACKNOWLEDGING THAT PEAK WILL ISSUE ITS GAS SUPPLY REVENUE BONDS TO FUND THE PURCHASE OF A SUPPLY OF NATURAL GAS FROM MORGAN STANLEY CAPITAL GROUP, INC. (“MSCG”), WHICH GAS WILL BE USED TO MAKE DELIVERIES UNDER THE CONTRACT; AND FOR OTHER PURPOSES MOTION by Commissioner Staton, seconded by Commissioner Bugg, to adopt the resolution authorizing the execution of a Gas Supply Contract with the Public Energy Authority of Kentucky, Inc. for the purchase of natural gas. OWEN REEVES, Gas System Director, gave a brief overview and background of this natural gas pre-pay transaction. He indicated that PEAK is a vital part of the City’s ability to participate in gas pre-pay deals. In this past fiscal year, the City will have received almost a million dollars from PEAK with a large portion of that from a 10-year BP pre-pay deal that ended in 2016. A little over a year ago this very same request was before this Board. A lot of things have transpired with IRS and other rules and regulations that has caused the issuer to 216 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 14, 2017 request changes to this 30-year Contract. There are two important changes and a revision in our quantities is recommended. In the original GSC there was a reset period of five years in which the GSC could be cancelled if the twenty cents per participant discount could not be achieved due to economics at that time. Conversely, if the economics at the time of the reset were better than twenty cents, participants would enjoy a portion of the improved economics for the discount. The present requirements differ on two key elements and a one year increase in the initial reset period to six years. The first element of change is the fact that we no longer have the option to exit the deal at any reset period, but we could elect to not take natural gas over that period and go to the market and engage in any arrangement that would yield a better deal for our customers. This clause is the same in regards to a minimum of a twenty cent discount being the trigger. The other change concerns participants now enjoying one hundred percent of any improved economics rather than sharing a portion with Morgan Stanley. The non-exit requirement is not a negotiable clause; however, our PEAK project team was able to negotiate the improved economics at a reset period to participants. The other change is the reduction in quantities from twelve percent to ten percent of our load, if it remains the same 30 years from today. He continued that we also participate in a pre-pay deal with Black Belt Energy that is ending in 2046 and one with TEAC that will end in June of 2026. The goal is to have a portfolio of these contracts that roll off every five to ten years as the market allows. COMMISSIONER PRUITT indicated that one of the things that jumped out to him is the percentage of in lieu of taxes that the gas department pays in comparison of the other utilities. He stated that he felt it is unfair. 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: November 14, 2017 Maree Collins, City Clerk ________________________ RESOLUTION 52-17: RESOLUTION ADOPTING THE HENDERSON COUNTY AREA SOLID WASTE MANAGEMENT PLAN 2018-2022 UPDATE MOTION by Commissioner Staton, seconded by Commissioner Vowels, to approving the resolution adopting the Henderson County Area Solid Waste Management Plan – Five Year Update Years 2018-2022. MAYOR AUSTIN indicated that the City is a participant in the Plan, however under state statute the County is responsible for the county wide Plan. The City has some input into the Plan on joint ventures such as the Transfer Station. 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:  217 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on November 14, 2017 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: November 14, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 39-17 Amended: MUNICIPAL ORDER TO PLACE A PLAQUE FOR DR. JOHN LOGAN’S CONTRIBUTION TO THE RIVERFRONT REDEVELOPMENT PROJECT MOTION by Commissioner Bugg, seconded by Commissioner Staton, to amend Municipal Order 39-17 to include the name of Dr John Logan as the recipient of the plaque placed on the Riverwalk at Vista View in recognition of his contributions to the project. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 14, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 48-17: MUNICIPAL ORDER APPROVING AN ADDENDUM TO THE AMBULANCE SERVICE CONTRACT BETWEEN THE CITY OF HENDERSON, THE COUNTY OF HENDERSON AND COMMUNITY UNITED METHODIST HOSPITAL, INC. MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to adopt the municipal order approving an Addendum to the Ambulance Service Contract Agreement allowing certain paramedic training students and mock disaster drill participants to ride in Henderson Ambulance Service vehicles when specific conditions are met. RUSSELL R. SIGHTS, City Manager, indicated that this addendum allows the Ambulance Service operated by the hospital to allow students and mock drill participants to ride in ambulances when certain specific conditions are met as the original Agreement was silent on the subject. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 14, 2017 Maree Collins, City Clerk ________________________ 218 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 14, 2017 MUNICIPAL ORDER 49-17: MUNICIPAL ORDER ACCEPTING BID FOR PURCHASE OF ONE PICK-UP TRUCK WITH EXTENDED CAB FROM D-PATRICK NISSAN OF EVANSVILLE, INDIANA IN THE AMOUNT OF $19,963.25 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to award the bid for the purchase of a 2018 Nissan Frontier extended cab pickup truck in strict accordance with Bid Reference 17-23. RUSSELL R. SIGHTS, City Manager, indicated that this is a budgeted purchase for the Finance department utility service section and that Finance Director Robert Gunter was present if there were any questions. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 14, 2017 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER 50-17: MUNICIPAL ORDER TO APPROVE PROFESSIONAL SERVICE AGREEMENT AND COMMUNICATION SYSTEM AGREEMENT WITH MOTOROLA SOLUTIONS, INC. AND THE COUNTY OF HENDERSON FOR THE HOSTED NEXT GENERATION 9-1-1 CALL SYSTEMS CHARLES STAUFFER, Police Chief, reported that this is the last component of the 9-1- 1 system overhaul and will truly take us to the Next Generation level of service provided to our citizens. This will allow the capability to text to 9-1-1 and without this all of the other state of the art equipment, is good but not great. We received a grant of $165,000.00 with $10,000.00 local match to cover the cost for the five primary positions at the primary center and then budgeted funds will be utilized for the backup center and the annual maintenance fees. DISCUSSION WAS HELD relating to Mr. Sights commending Chief Stauffer for recommending a small match for the grant application to possibly increase the chance for approval; what Next Gen is and other features included; GPS phone location services to better pinpoint callers location; videos could be sent through the system; that these contracts will save an estimated $37,800.00 per year or an estimated $189,000.00 over the five year term; how the texting to 9-1-1 feature has saved lives-gave an example of a student being bullied at school in Owensboro; that some cell phone companies have already agreed to turn on the automatic location service when 9-1-1 is called, while others are fighting to not turn it on; there is misunderstanding and mistrust that the system will be used to track people without them calling in; and that this system will take us from the old landline technology to a digital system incorporating more of the cellular phone technologies. COMMISSIONER PRUITT stated that he wanted to be one of the first to say that Chief Stauffer will be missed and that Henderson was losing a good chief with his retirement. He stated that he would be looking for someone like Chief Stauffer during the hiring process for the new police chief.  219 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on November 14, 2017 MOTION by Commissioner Bugg, seconded by Commissioner Staton, to adopt the municipal order approving a Professional Service Agreement and a Communications System Agreement with Motorola Solutions, Inc. and the County for the design, purchase, installation and testing of a hosted Next Generation 9-1-1 Call System. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 14, 2017 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, reported that the Henderson Lions Club had submitted a letter of request for the use of the City owned former Immanuel Baptist Temple building from December 1st through February 28th to store donated items as part of the preparation for their annual auction and to allow the public to pick up and pay for items after the auction. He indicated that honoring this request would not conflict with any city plans for the facility and requested formal direction from the Board. He further indicated that if this request was approved he and the city attorney would exercise a Letter Agreement detailing insurance and other requirements. MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to approve the Henderson Lions Club’s request to use the City owned former Immanuel Temple building from December 1, 2017 through February 28, 2018 for the storage and distribution of items for their annual auction and directing staff prepare a letter of agreement with the club. 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: ________________________ Planning Commission Rezoning Recommendations: #1079, Amending Rezoning #1049 Development Plan Only RUSSELL R. SIGHTS, City Manager, reported that the Planning Commission has acted upon the request for a rezoning development plan amendment for Colonial Cottages, 6575 Adams Lane, after conducting a public hearing and producing findings of fact at their November 7, 2017 meeting. The Zoning Map Amendment shall be final and the development plan officially amended on Wednesday, November 29, 2017 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is Tuesday, November 28, 2017. ________________________ 220 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 14, 2017 RUSSELL R. SIGHTS, City Manager, requested permission to move forward to develop a plan for the demolition of the former Immanuel Baptist Temple sanctuary building. There has been some interest from contractors for demolition of the sanctuary building that will not be used for the new fire station and is separate from the rest of the structures on that property. He stated that he would include Terry Stone, Municipal Facilities Superintendent, Brian Williams, Public Works Director, and Code Enforcement staff in the planning process. DISCUSSION WAS HELD regarding the contents of the building and if any of the salvage materials might be of value; and that funds were budgeted and available for the demolition of the building. WITHOUT OBJECTION staff will proceed with preparing a plan for the demolition of the building. ________________________ REPORTS: MAYOR AUSTIN reported that a request for authorization to forward a zoning review relating to size perimeters for signage in the Gateway Zone and the Henderson Innovative Planning District was necessary since the ordinance did not have all of the sign information included. DAWN KELSEY, City Attorney, indicated that during a previous zoning ordinance revision when the HIP and Gateway zones were created some size perimeters for signs was included however, monument sign perimeters were inadvertently left out of the ordinance. The Planning Commission will review the ordinance, make recommendations, conduct a public hearing and return an ordinance amendment back for formal action. MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to forward a request to the Henderson City-Henderson County Planning Commission to consider adopting size perimeters for the signs in the Gateway Zone, Article XXXIII, Section 33.14, and the Henderson Innovative Planning District, Article XXXIV, Section 34.06 of the Zoning Ordinance and to hold a formal hearing on its recommendation for any necessary changes to these Sections pursuant to Kentucky Revised Statute 100.211. 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: ________________________ RE-APPOINTMENT: Parks and Recreation Commission: Mr. Bill Stevens – Term to Expire September 14, 2021 Motion by Commissioner Pruitt, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to reappoint Mr. Bill Stevens to a term of four years on the Parks and Recreation Commission. Said terms to expire September 14, 2021. 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:  221 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A regular Meeting on November 14, 2017 ________________________ APPOINTMENT: Parks and Recreation Commission: Mrs. Emily Gilliam – Term To Expire September 14, 2021 Motion by Commissioner Staton, seconded by Commissioner Bugg, upon recommendation of Mayor Steve Austin, to appoint Mrs. Emily Gilliam to a term of four years to replace Rhonda Richard, who is unable to continue, on the Parks and Recreation Commission. Said term to expire September 14, 2021. 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: ________________________ EXECUTIVE SESSION: Litigation and Personnel MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(f) for the purpose of discussion that might lead to the appoint of individual employee and pursuant to KRS 61.810(1)(c) for the purpose of discussion of litigation against the City. 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: ________________________ 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 Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: ________________________ 222 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 14, 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 --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:05 p.m. ___________________________ Steve Austin, Mayor ATTEST: November 28, 2017 ______________________ Maree Collins, City Clerk