Board of Commissioners Meetings
Regular MeetingHenderson, KY · November 21, 2017
Minutes
225
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Work Session Meeting on November 21, 2017
A Work Session of the Board of Commissioners of the City of Henderson, Kentucky, was
held on Tuesday, November 21, 2017, at 5:30 p.m. in the third floor Assembly Room, Municipal
Center, 222 First Street, Henderson, Kentucky.
There were present the Honorable Steve Austin, Mayor, presiding.
PRESENT:
Commissioner Patti Bugg
Commissioner Robert N. Pruitt, Sr.
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
CITY STAFF MEMBERS included Russell R. Sights, City Manager; Dawn Kelsey, City
Attorney; Maree Collins, City Clerk; Donna Stinnett, Community Relations Manager/Public
Information Officer; Charles Stauffer; Police Chief; Jermaine Poynter, Police Major; Owen
Reeves, Gas System Director; Dylan Ward, Public Works Engineer; and Mike Richardson,
Police Reserve Officer.
ALSO PRESENT: William L. “Buzzy” Newman, Jr., HWU Field Operations Director;
Chris Heimgartner, HMP&L General Manager; Tony Iriti, Kyndle CEO; and Doug White, The
Gleaner.
THE FOLLOWING AGENDA ITEMS WERE DISCUSSED:
1. Body Camera Committee Presentation
Police Major Jermaine Poynter presented the results and findings of the Body
Camera Committee research and testing.
Discussion was held regarding the various equipment tested by department
officers; comments from other agencies on various equipment; pros and cons for
each of the tested products; compatibility of the equipment and capability to be
integrated into the in-car and CAD systems; that most all of the vendor contracts
include software upgrades and scheduled automatic equipment replacement
during the lifetime of the contract; the differences between smart devise systems
and other systems; the differences in the amount of cloud storage per vendor and
how that could become an additional expense; the possibility of having to increase
personnel to assume redaction and open records responsibilities; how department
members mind-set has warmed to the idea of body cameras after the testing
process; and the estimated costs are $350,000.00 to $400,000.00 over a five year
period, however there could be a savings of approximately $47,000.00 per year in
other in-car equipment.
Commissioner Staton thanked Major Poynter for his leadership of the Committee
and the testing and review process.
NO FORMAL ACTION WAS TAKEN BY THE BOARD OF COMMISSIONERS.
Staff to Prepare Special Conditions and Technical Specifications to Move Forward With the
Project.
2. Discussion Relating to the Preparation of Henderson Industrial Park Sites
City Manager Russell R. Sights presented and discussed a report to the Board of
Commissioners dated August 31, 2017, proposing the procedures to be followed
in preparation for lot sales in the Henderson Industrial Park. The report, which is
made a part of these minutes by reference, contained several recommendations to
the Board which were further discussed in the meeting. The City Manager also
presented the financial status on the balance of Federal Highway
Administration/Transportation funds remaining for expenditure on this project.
There remains $324,336.00 in available funding. He also presented copies of the
Protective Covenants previously adopted for the Henderson Corporate Park and
226
CITY OF HENDERSON – RECORD BOOK
Record of Minutes of A Work Session Meeting on November 21, 2017
recommended that protective covenants be prepared and adopted for the new
park.
The City Manager indicated that he was grateful that Tom Williams, HWU
General Manager, had agreed to allow William L. “Buzzy” Newman, Jr. to
continue working on this project on an as needed basis, since Mr. Newman had
administered the project since the beginning. He then called on him to further
present the details of the project.
William L. “Buzzy” Newman, Jr. gave a brief recap of the Henderson Industrial
Park Master Plan and the Kentucky Transportation Cabinet Memorandum of
Understanding relating to the Riverfront funding. He indicated that there is a
discrepancy in the amount of funds remaining which is causing a delay in
amending the MOU for final project changes. In this part of the project there are
eight tasks to be completed: 1) update the environmental document, which is over
two years old; 2) bring public utilities to the site; 3) design phase- in order to
reduce costs KYTC will allow Public Works Engineer Dylan Ward to prepare
documents under the direction of Engineer Doug Boom and HWU Engineer Ken
Ferry; 4) entrance signage-use in-kind City and HWU labor/services; 5) historical
site fencing; 6) marketing-new appraisal; 7) any funds from sales must roll back
to KYTC and Federal approved project-infrastructure would require least amount
of approvals; and 8) wetlands identification and management plan.
Discussion was held regarding the difference in shovel ready and site ready;
implementation strategies to market the property; pros, cons and expense of
having a dock on the property; having maximum flexibility with roadway and
other infrastructure; formally naming the industrial park; naming the Board of
Commissioners as the oversight committee; nature trail grant application denied-
but will reapply at a future date; and the need for protective covenants.
NO FORMAL ACTION WAS TAKEN BY THE BOARD OF COMMISSIONERS.
Staff to Prepare the Appropriate Documents Necessary in Order to Officially Name the Industrial
Park at the December 12, 2017 Regular Meeting.
MEETING ADJOURN:
MOTION by Commissioner Vowels, seconded by Commissioner Bugg to adjourn.
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 work session adjourned at approximately 7:00
p.m.
________________________
Steve Austin, Mayor
ATTEST: December 12, 2017
________________________
Maree Collins, City Clerk
Agenda
City of Henderson, Kentucky
NOTICE OF WORK SESSION
FOR TUESDAY, NOVEMBER 21, 2017
November 17, 2017
Commissioner Patti Bugg
Commissioner Robert N. Pruitt Sr.
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
Dear Board Members:
The regular work session is scheduled for 5:30 p.m. on Tuesday, November 21, 2017, in the 3rd
Floor Assembly Room of the Municipal Center. The items on the agenda for review are as follows:
1. Body Camera Presentation
2. Discussion Regarding Preparation of the Henderson Industrial Park for Sale of Industrial
Development Sites
Respectfully,
Steve Austin, Mayor
A copy of the foregoing notice received and service thereof waived this 21st day of November,
2017.
Commissioner Patti Bugg
Commissioner Robert N. Pruitt Sr.
Commissioner Bradley S. Staton
Commissioner Austin P. Vowels
City Commission Memorandum
17-246
November 17, 2017
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager jk1
SUBJECT: Work Session Agenda
The regular work session is scheduled for 5:30 p.m. on Tuesday, November 21, 2017 in the
third floor Assembly Room of the Municipal Center, 222 First Street. The purpose of this
meeting is for the following:
Body Camera Presentation
Major Jermaine Poynter will be here to give a presentation on Body Cameras. The Power
Point presentation will include the findings of the Body Cam Exploratory Committee,
vendors tested, the pros and cons as they relate to various cameras, and the Committee's
recommendations.
Henderson Industrial Park
A copy of a cover letter and report that were submitted to the board on August 31, 201 7
are attached. There are recommendations at the end of the report that will be discussed
by the Board concerning the sale of industrial development sites in the Henderson
Industrial Park located at the end of Borax Drive.
Steve Austin, Mayor
Commissioners:
Patti Bugg
Robert N. Pruitt Sr.
Bradley 5. Staton
Austin P. Vowels
m'.be <!itp of r&,enberson
P.O. Box 716
Henderson, Kentucky 42419-0716
Russell R. Sights, City Manager
Dawn S. Kelsey, Gty Attorney
HtNDE:RSON
Maree Collins, Gty Clerk y,A11,J:~11/I.K<J1 .;
Donna Stinnett, Public Information Officer August 31, 2017 KENTUCKY HOM[
Mayor Steve Austin and
The Board of Commissioners
City of Henderson
P.O. Box 716
Henderson, KY 42419-0716
Board Members:
Enclosed is the requested report and recommendations to establish the process and
procedures to be followed for the sale of industrial development sites in the proposed Henderson
Industrial Park at the end of Borax Drive. The City of Henderson is fortunate to have this real
estate available for future industrial development because it is one of the last sites of this size
available in an area served by all city owned utilities.
This report contains a set of recommendations to be considered by the Board of
Commissioners at a future meeting, but copies of the report are being presented to you now in
order for me to meet the deadline proposed by Mayor Austin.
I will be pleased to discuss this report as presented at your convenience.
Thank you,
~Russell R. Sights
City Manager
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Discover your nature.
HENDERSON INDUSTRIAL PARK
REPORT AND RECOMMENDATIONS
OBJECTIVE:
To define the process and procedures to be followed in order to prepare the Henderson Industrial Park
(hereinafter referred to as "Park") for the sale of industrial development sites.
INTRODUCTION:
The City of Henderson (hereinafter referred to as "City") owns 126.375 acres, more or less, at the end of
Borax Drive. This property was purchased by the City for a future industrial park. Approximately 70.8
acres are designated for sale as prime industrial land. The City has previously engaged AECOM, a
planning and consulting firm, to prepare a Master Plan for this property. In the plan, there are several
options presented for subdividing the land for future sale. A significant part of this report to the Board
of Commissioners (hereinafter referred to as the "Board") has been taken from that plan.
AECOM proposed four distinctly different possible site plans for this property ranging in size from 3.1
acres to 33.1 acres. In addition, the layouts were presented in such a way that two or more proposed
lots could be combined into one lot that could conceivably allow two lots of approximately 35 acres
each, four lots of 17.5 acres each, etc., so that almost any combination of acreages could be achieved
based on the requirements of industrial prospects.
The main purpose of this report and recommendations is to provide the Board a prioritized list of
actions that should be undertaken to begin the development of the Park in preparation for selling
industrial sites.
PROCEDURE:
At the beginning of the preparation of this report, meetings and discussions were held with the KYNDLE
staff members who work in industrial development to review the Master Plan for the Park and to discuss
the first and second phases for this activity. The first phase is to identify what steps are necessary to
prepare the site to meet the shovel ready requirements of the Commonwealth of Kentucky. The second
phase is to begin marketing the property for sale. A brief discussion took place on whether one or two
build ready sites should be considered. The conclusion was that the Park should be prepared to be
shovel ready, but none of the sites need to be build ready. The main reason for this recommendation is
that a site classification can become build ready most all of the time in a quick manner that could be
prepared for a proposed industry before the site, or sites, would actually need to be build ready. In
addition, there is some risk that if the City did a build ready site, it would not be acceptable to a
potential investor and the investment might be lost.
A second meeting was held with utility management staff from Henderson Municipal Power and Light
(HMPL), the Water Utility (HWU), and the Natural Gas Department (NGO) along with staff members
from the Engineering and Public Works Departments to determine what work should be completed to
have all utilities in place to the property line of the project and whether extension of utilities into the
site were advisable prior to selling the first site. Since final layout of roadways and utilities has not been
done and probably will not be done until the first lot is purchased, there was no serious discussion on
extending proposed utility infrastructure into the property, except that HMPL might choose to place the
electrical service under the Vectren lines that cross the property.
CURRENT STATUS:
HMPL will extend the necessary electrical infrastructure to the property line by December 31, 2017, or
as soon as the revised memorandum of understanding (MOU) is approved by the Kentucky
Transportation Cabinet (KTC) and the Federal Highway Administration (FHWA). No work will be allowed
on any phase of the project with remaining funds until the revised MOU is approved. At a later date an
extension of service will also be done to install electrical service under the existing Vectren lines that
cross the site. The HMPL General Manager is requesting $190,000 in MOU funding to extend service to
the property line. An additional $180,000 to extend the service under the Vectren facility will be needed
at a later date. MOU funding will not be available for this expense or for extending additional electrical
facilities and service into the Park.
HWU currently has a 10-inch water line and a 10-inch sanitary sewer line to the property line. This work
has already been completed and no reimbursement with MOU funding is allowed. MOU funding would
not be available for extending service into the Park.
The NGO has a four-inch line running from the rear of the Henderson County Detention Facility to the
Park property line. That installed line, though, is fed by a two-inch line from U.S. 60 West. If a four-inch
line is required to serve a particular industry on site, the line can be installed before it is needed
according to Owen Reeves, Gas System Manager. No reimbursement for this work would be allowed.
MOU funding would not be available for extending service into the Park.
In all three situations, funding for extension of utilities into the site would need to be provided by the
General Fund or by the individual utilities.
The existing environmental work is more than two years old and must be updated before any real estate
may be sold. The cost estimate for this work is estimated to be approximately $50,000. It is also
recommended that initial design work for roadway improvements proposed for the site should be
undertaken at an estimated additional cost of $50,000. This work will be done by a consultant or
engineering firm chosen by KTC. This would allow the actual construction of road improvements to be
completed efficiently for the first client actually purchasing real estate in the Park. However, for the
interim period it is recommended that no construction of an improved roadway be done and that
initially there only be a rock surfaced entrance into the Park approximately 500 feet in length with a
turnaround at the end.
It is recognized that a new improved entrance would be visually appealing, but could be a very
expensive component of the project that may not be desirable based on the proposed plans of the first
client actually purchasing property. This is a recommendation of the KYNDLE professionals.
PROJECT BUDGET: (Remaining MOU Funding)
Balance of MOU Funding $484,562
Recommended Expenditures:
HMPL Facility Extension 190,000
Environmental Plan Update 50,000
Road Entrance Design 44,562
Proposed Roadway Construction 200,000
TOTAL $484,562
FUTURE PROJECT BUDGET: (On Site)
Primary Roadways:
Pavement and Grading $1,480,000
Storm Sewers 130,000
Professional Services 230,000
Water Service Improvements 190,000
Sanitary Sewer Improvements 140,000
Natural Gas Improvements 105,000
Electrical Service Improvements 360,000
Telecommunications Improvements 40,000
TOTAL $2,675,000
There are two primary funding sources for the projects outlined above. The first is the revenue from the
sale of the real estate and the balance should be appropriated from the General Fund of the City.
The information provided above shows what is needed for the marketing of sites in the Park and the
future expenses that would be anticipated to make all the improvements and to place the infrastructure
inside the perimeter of the Park. The possibility of a Phase Three and Phase Four in the future are
discussed in the AECOM plan and will not be addressed any further at this time. Sufficient information
has been provided in that report for future decisions to be made at a later time.
RECOMMMENDATIONS:
1. The Board will have an updated MOU on a future meeting agenda. We have forwarded a draft
document to KTC and FHWA for preliminary review before formal approval can be given by the
City. No work of any kind or type can be undertaken and funds spent until the MOU is fully
executed by all parties.
2. When the MOU is final, the City must expend all remaining funds authorized in the original grant
contract by June 30, 2018, as proposed in the remaining MOU funding list shown above.
3. The Board should consider whether all marketing of the new sites should be done by KYNDLE
and City staff, or whether an outside marketing/real estate firm should be considered to
promote and secure real estate offers.
4. A set of Restrictive Covenants should be prepared for the real estate lots and approved by the
Board. After approval, the covenants would be placed in the Henderson County Clerk's official
records and would be recorded with the original deed for the property.
5. The Board should decide on the official name for the Park. The City Manager and City Attorney
would be charged with recommending two or more possible names for consideration.
6. The Mayor and City Manager should be given joint definitive authority to negotiate the sale of
any and all lots. Price ranges should be identified and incentives agreed to in advance by the
Board to allow any and all property sale negotiations to go as smoothly and professionally as
possible.
7. The Mayor and City Manager should also be authorized to negotiate any details relating to the
sale of any of this property as long as the parameters outlined in Section Six (6) above are met.
The Mayor and/or City Manager should make every effort to keep the Board informed on any
prospective client considering purchase of any property in the Park, subject to any
confidentiality agreements that are executed in writing or requested verbally by a potential
purchaser or his/her/their agent or representative.
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