Board of Commissioners Meetings

221 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 11, 2018, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Reverend Anthony Anguish, Pastor of Mt. Olivet 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 Austin P. Vowels ABSENT: Commissioner Bradley S. Staton ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. Scott Foreman, Fire Chief Mrs. Theresa Richey, Development Liaison Mr. Brett Jones and Family Mr. Jeremy Baxter, Assistant Fire Chief Mr. Chad Moore, Assistant Fire Chief Mr. Nick Mangarella Fire Lieutenant Ms. Kayla Hammel, Firefighter Mr. Josh Dixon, Firefighter Mr. Jeff Crafton, Firefighter Mr. Zach Polley, Firefighter Mr. Travis Denton, Firefighter Mr. Matt Anderson, Firefighter Mr. Chris Sampley, Firefighter Mr. Kyle Young, Firefighter Mr. Brian Bishop, Planning Commission Executive Director Mrs. Claudia Wayne, Planning Commission Assistant Executive Director Mr. Tom Williams, Henderson Water Utility General Manager Mr. X R. Royster, City Commissioner Elect Mrs. Kathy Royster Mr. Tom Davis Ms. Angela Hagedorn, Executive Director, Humane Society of Henderson County Mr. Doug White, the Gleaner Mr. Mike Richardson, Reserve Police Officer ________________________ APPEARANCE OF CITIZENS: TOM DAVIS, Henderson Elks Lodge #206, reported that he is pleased to announce that all those rumors swirling around are true and the Elks Lodge has purchased the Delkers building, returning back to their roots in the downtown area. He also reported that he was there on behalf of the over 6,400 Hendersonians who have passed through the Lodge of Henderson #206 to present the first Certificate of Honor under a new Americanism Program through the Grand Lodge. This Certificate is presented to honor and recognize the City of Henderson for the proper display of the United States flag at each and every one of its facilities throughout the City. He indicated that a lot of people don’t realize the history of the Elk’s one-hundred twenty-five years 222 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 of service and the over $2,000,000.00 of support to Henderson area agencies, mostly veterans, in the last 25 years. ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Fire Driver/Engineer Brett Jones for his 20 years of service and dedication to the City of Henderson. FIRE DRIVER/ENGINEER JONES thanked the Board for giving him the opportunity to serve the community. ________________________ PRESENTATION: “Planning Commission 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 $22,614.50 representing the City's portion of excess funds from their fiscal year 2018 operating budget. He explained that they were able to save approximately $10,000.00 by piggybacking with the County’s website redesign. MAYOR AUSTIN thanked Brian and his staff for the work that the Planning Commission does for both the City and the County and for being so thrifty. ________________________ PRESENTATION: “Humane Society Quarterly Report” ANGELA HAGEDORN, Humane Society of Henderson County Executive Director and Animal Control Director, reported on happenings at the shelter over the past quarter: There was an influx of strays and surrenders during the quarter that introduced Parvo into the shelter causing the shelter to be shut down in September for thorough cleaning; strays continue to test positive for Parvo and measures are in place to protect the shelter animals; she encouraged pet owners to keep their pets up to date on preventative vaccinations; she explained that they are an open intake facility, meaning that any Henderson County resident with proof of ID can surrender any domestic or livestock animal to the shelter; no animal can be turned away no matter the age or conditions; the only requirement is that it be brought in during business hours for the safety of the animal and the staff; she reported that recent hurricanes and other weather events have put a strain on the shelter moving animals out to other rescues and on adoptions; donations were also down during this time; remember the Humane Society is an all donation based facility with Animal Control funds covering only stray-hold dogs, stray-hold staff, Animal Control Officers, and their supplies-all other shelter activities are funded through donations; Animal Control Chief Crooks left her position at the end of October; the Shelter Manager and Ms. Hagedorn have been covering those duties until a replacement is found; the BARK Program continues to have referrals and is having a positive impact on the community; she thanked the Board and the community for their support and concluded the report with “adopt don’t shop.” In further news, she reported that due to personal and health issues she is going to be stepping down as Executive Director for the Humane Society. She indicated that she greatly enjoyed working at the shelter and knows that she is leaving it in good shape and in good hands. She stated that the staff at the shelter is exceptional and make sure the animals are taken care of every single day. Ms. Tanya Frazier, Humane Society of Henderson County President, will be the Interim Executive Director until a replacement can be found. MAYOR AUSTIN thanked Angela for the tremendous job she has done, stating that we hate to see her go. He indicated that Angela has been a real friend to the community and has been very active in the Chamber Ambassador arm of Kyndle. ________________________ MAYOR AUSTIN reported that we will make a change to the agenda, moving the following item up to accommodate schedules.  223 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 MUNICIPAL ORDER NO. 53-18: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF UNIFORMS FOR THE FIRE DEPARTMENT TO SIEGEL'S CORPORATION OF EVANSVILLE, INDIANA, IN THE AMOUNT OF $36,002.50. MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, authorizing award of the bid for the purchase of uniforms for the Fire Department to Siegel’s Corporation of Evansville, Indiana, in the amount of $36,002.50, in strict accordance with bid as submitted pursuant to Bid Reference 18-35. SCOTT FOREMAN, Fire Chief, reported that the low bid as submitted did not meet specifications; therefore recommendation was to the next lowest bidder. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: November 27, 2018, Regular Meeting MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________ RESOLUTION NO. 56-18: A RESOLUTION SUPPORTING ADDRESSING THE MODERNIZATION OF KENTUCKY’S TRANSPORTATION FUNDING MECHANISMS TO ADDRESS TRANSPORTATION FUNDING NEEDS THROUGHOUT THE COMMONWEALTH. 224 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, approving the resolution supporting addressing the modernization of transportation funding mechanisms to address transportation funding needs throughout Kentucky. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________ RESOLUTION NO. 57-18: A RESOLUTION APPOINTING THERESA RICHEY AS ACTING CITY CLERK. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, introduced Theresa Richey, Development Liaison, indicating that she has worked at the City Code division for the last twelve years. He reported that Ray Nix, Code Administrator, had agreed to share her on a part-time basis to work with Maree to carry out administrative duties for the City Manager’s office as well as City Clerk duties. This resolution allows Theresa to act as Acting Clerk in the event the City Clerk is not available. Theresa has a lot of history working with the Legal department and has been instrumental with helping set up the new Code Enforcement Board. He then asked her to tell about her recent educational achievements from the Kentucky League of Cities. THERESA RICHEY, Development Liaison, reported that she was presented with the Level II Excellence in City Governance Certificate at the fall KLC Conference and has accumulated enough hours to receive the Master of City Governance Certificate which will be presented at next year’s conference. MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, approving the resolution appointing Theresa Richey as Acting City Clerk when the City Clerk is not available. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________  225 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 MUNICIPAL ORDER 52-18: MUNICIPAL ORDER ACCEPTING THE AMENDMENT AND RESTATEMENT OF WASTEWATER SERVICES AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT CONTINGENT UPON THE APPROVAL OF INTERNATIONAL PAPER AND THE WATER AND SEWER COMMISSION. TOM WILLIAMS, Henderson Water Utility General Manager, explained that International Paper is the successor to an original MacMillan Bloedel agreement that was executed some 20 years ago. He indicated that they are one of HWU’s better customers making up approximately 14% of the water utilities revenues and that they are also a good customer for Henderson Municipal Power and Light. They are very good to our community. The Agreement is basically the same as before with a shorter term to give them more flexibility. The Henderson IP plant produces the paper that goes on the cardboard boxes that you get at your front door from Amazon, Target, Wal-Mart, and many others. He reported that the Board was asked to approve the Agreement contingent upon IP and Henderson Water and Sewer Commission approval. MAYOR AUSTIN reported that he had attended a recent event at the IP plant and they are running at 100% capacity and will have the opportunity to hire additional people due to upcoming retirements. He indicated that they run recycled paper and pulp it right there on site. He stated that they are a good company for our community. MOTION by Commissioner Bugg, seconded by Commissioner Vowels, accepting the amendment and restatement of Wastewater Services Agreement and authorizing Mayor to execute the agreement contingent upon the approval of International Paper and the Water and Sewer Commission. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: Planning Commission Rezoning Recommendation: #1088, with Development Plan for Storage Buildings WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the Planning Commission has acted upon the request for a rezoning development plan amendment for 2429 US Highway 60 East, after conducting a public hearing at their regular November 6, 2018 meeting and producing findings of fact at their regular December 4, 2018 meeting. The Zoning Map Amendment shall be final and the development plan officially amended on Wednesday, December 26, 2018, 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, December 25, 2018. ________________________ 226 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that subsequent to the recent award of a bid for the purchase of a ¾-ton pickup truck with installed service bed, he received a verbal question from the apparent low bidder regarding what was included in their bid and how the technical specifications were written. He reported that upon review, it was his recommendation to rescind the municipal order awarding the bid, have the specifications clarified and re-bid the truck as soon as possible due to the expected increase in steel prices. MUNICIPAL ORDER 54-18: MUNICIPAL ORDER RESCINDING MUNICIPAL ORDER 50-18 REGARDING THE BID OF TOWN AND COUNTRY FORD FOR THE PURCHASE OF A FORD F-250 REGULAR CAB PICKUP TRUCK MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, authorizing rescinding Municipal Order 50-18 regarding the award of the bid of Town & Country Ford for the purchase of a Ford F-250 regular cab pickup truck with service bed installed. The vote was called. On roll call, the vote stood: Commissioner Vowels ----- Aye: Commissioner Staton ------ Absent: 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: December 11, 2018 Maree Collins, City Clerk ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the presentation of our final audit had been scheduled for this evening; however, the final peer review had not been completed at this time. A draft audit report was presented to the Audit Committee. It is requested that due to certain outside organizations deadlines, we schedule a short meeting before the end of the year for presentation and acceptance of the audit. ROBERT GUNTER, Finance Director, indicated that while the state statutes allow for the audit report to be accepted by February 1st, there are other agencies, i.e. the FCC and the GFOA that have a six-month timeline, so we are requesting that the audit be presented prior to the end of the year. A tentative called meeting is scheduled for Thursday, December 20, 2018 for the purpose of having Mr. Mac Neel of ATA, PLLC present the audit report. ________________________ COMMISSIONERS’ REPORT: COMMISSIONER PRUITT mentioned that the City lost a great community person, his neighbor, father figure and mentor for approximately 38 years with the passing of Jesse Owens. ________________________ COMMISSIONER BUGG reported that she had met with Police Chief Heath Cox regarding the Angel Program and after the first of the year they will be contacting Jeffersontown, Kentucky, to schedule an updated presentation on their program. She asked the community to keep the entire high school staff and students in their thoughts and prayers on the passing of high school student InDarius Walker. ________________________ MAYOR AUSTIN reported that two City employees have completed the University of Kentucky, Kentucky Transportation Center Roads Scholar/Road Master program. Donald  227 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on December 11, 2018 Durham, Roads Scholar, and Jonathan McQuinn, Road Master. ________________________ 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 ------ Absent: 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: January 08, 2019 ______________________ Maree Collins, CKMC City Clerk