Board of Commissioners Meetings

162 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 12, 2019, 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 Mark Moog, Trinity Lutheran 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 X R. Royster, III Commissioner Bradley S. Staton Commissioner Austin P. Vowels 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. Heath Cox, Police Chief Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Scott Foreman, Fire Chief Mr. Joshua Farris, Fire Captain Mrs. Joshua Farris Mr. Robert Gunter, Finance Director Mr. Ray Nix, Code Administrator Mr. Chris Heimgartner, HMP&L General Manager Mr. Brian Bishop, Planning Commission Executive Director Mr. Charles Johnson, Human Rights Executive Director Mr. Kevin Knight Mr. John Henderson Mr. Greg Gibson Reverend Mark Moog, Trinity Lutheran Church Mr. Doug White, the Gleaner News 14 Reporter Mr. Robert Gipson, Police Officer ________________________ PRESENTATION: “Henderson Municipal Power & Light Campus Redevelopment Plan” CHRIS HEIMGARTNER, Henderson Municipal Power & Light General Manager, gave a brief history of the current HMP&L campus located at the corner of Fifth and Water Streets and explained the proposed new $13.5 million campus plan layout and three-year timeline for the buildout. The collection of buildings that have been acquired by the utility over the course of nearly a hundred years have an awful lot of challenges including plumbing, electrical, and structural issues. There are also some environmental issues from current and former uses that will be mitigated by removal and capping during the new buildout. DISCUSSION WAS HELD relating to the environmental issues caused by former uses of the various buildings/property and the mitigation processes to be used for the new campus; the question was raised if this was the best use of this property; the ongoing three-year search for another suitable location within HMP&L’s service territory-Mr. Heimgartner indicated that the smallest site necessary is between 3 ½ and 4 acres; environmental issues with at least one of the other proposed locations; suggested improvements to the Fourth Street right-of-way include a sidewalk; it is anticipated that no new rate increases, other than the annual cost-of-living increase, are anticipated in order to fund the project; and that HMP&L and their architect will be meeting with the Downtown Henderson Partnership to review and discuss fencing and building  163 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 façade materials. An open meeting for public discussion of the facilities will be scheduled. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: October 22, 2019, Regular Meeting MOTION by Commissioner Royster, 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 Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 12, 2019 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 27-19: SECOND READ ORDINANCE RELATING TO BUSINESS AND OCCUPATIONAL LICENSE FEES AN ORDINANCE AMENDING SECTION 21-33 OCCUPATIONAL LICENSE TAX PAYMENT REQUIRED OF ARTICLE III, BUSINESS AND OCCUPATIONAL LICENSE FEES, BY CHANGING THE RATE OF OCCUPATIONAL LICENSE TAX FOR COMPENSATION PAID OR PAYABLE FOR WORK DONE OR SERVICES PERFORMED OR RENDERED IN THE CITY BY AN EMPLOYEE FROM ONE AND TWENTY-NINE HUNDREDTHS PERCENT (1.29%) TO ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%); AND CHANGING THE RATE OF THE NET PROFITS FROM ONE PERCENT (1.00%) TO ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%) [WITH A MINIMUM PAYMENT OF FIFTY DOLLARS ($50.00) FOR SOLE/PROPRIETOR/INDIVIDUAL; ONE HUNDRED DOLLARS ($100.00) FOR LIMITED LIABILITY CORPORATION/PROPRIETORSHIP; ONE HUNDRED FIFTY DOLLARS ($150.00) FOR PARTNERSHIP/LIMITED LIABILITY PARTNERSHIP; AND TWO HUNDRED DOLLARS ($200.00) FOR S CORPORATION/CORPORATION/ LIMITED LIABILITY CORPORATION/FIDUCIARY WHICHEVER IS GREATER AND A MAXIMUM PAYMENT OF SIXTY THOUSAND DOLLARS ($60,000.00)] BEGINNING JANUARY 1, 2020 WHICH WILL BE PRO-RATED BEGINNING JANUARY 1, 2020 TO DECEMBER 31, 2020; AND AMENDING SECTION 21-48 BEGINNING DATE OF THIS ORDINANCE TO JANUARY 1, 2020 MOTION by Commissioner Bugg, seconded by Commissioner Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye:  164 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 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 12, 2019 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 28-19: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN DANNLIN INDUSTRIAL SUBDIVISION LOT #1, PROBATION AND PAROLE OFFICE LOCATED AT 395 BORAX DRIVE MOTION by Commissioner Royster, seconded by Commissioner Bugg, that the ordinance be adopted. MAYOR AUSTIN reported that this location could possibly become the new regional probation and parole office. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- 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 12, 2019 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 29-19: SECOND READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2019-2020 BUDGET BY ELIMINATING TWO POLICE OFFICER POSITIONS, AND ADDING TWO (2) POLICE SERGEANT POSITIONS MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- 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 12, 2019 Maree Collins, CKMC, City Clerk ________________________  165 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 ORDINANCE NO. 30-19: FIRST READ ORDINANCE AMENDING APPENDIX A – ZONING AN ORDINANCE AMENDING APPENDIX A – ZONING, ARTICLE IV, GENERAL PROVISIONS, BY ADDING SECTION 4.22 SOLAR ENERGY SYSTEMS (SES) OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Royster, seconded by Commissioner Bugg, that the ordinance be adopted. MAYOR AUSTIN, explained that this is the ordinance as discussed by City Attorney Dawn Kelsey at a previous meeting before it was sent to the Planning Commission for review and recommendation. The Planning Commission has approved the ordinance. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- 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. ________________________ ORDINANCE NO. 31-19: FIRST READ ORDINANCE RELATING TO PARKING AN ORDINANCE AMENDING CHAPTER 22, TRAFFIC AND MOTOR VEHICLE, ARTICLE II – PARKING, STOPPING AND STANDING, DIVISION 1, SECTION 22-62 – LIMITED FREE PARKING TO PROVIDE FOR THREE HOURS OF FREE PARKING FROM DECEMBER 1, 2019 UNTIL FEBRUARY 29, 2020 AND SECTION 22-63 EVADING TIME LIMITATIONS PROHIBITED CHANGING TEN TIMES A WEEK TO FIVE TIMES A WEEK FROM DECEMBER 1, 2019 THROUGH FEBRUARY 29, 2020 MOTION by Commissioner Royster, seconded by Commissioner Staton, that the ordinance be adopted. DAWN KELSEY, City Attorney, reported that Lindsay Locasto, Downtown Henderson Partnership Executive Director came to a previous meeting indicating that several business owners had contacted her regarding the two hour free parking. Their comments were that two hours is not enough time for a leisurely lunch, shopping and exploring the downtown area and customers are receiving parking violations during their visit. She suggested a three hour limit would be more suitable. Staff met to review the current parking ordinances and drafted this proposed ordinance as a three month trial period. Police Chief Cox and DHP will present a report on the results of the trial period. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- 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. ________________________  166 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 MUNICIPAL ORDER NO. 51-19: MUNICIPAL ORDER ACCEPTING GRANT AGREEMENT FROM KENTUCKY FIRE COMMISSION, STATE FIRE RESCUE TRAINING IN THE AMOUNT OF $51,000.00 TO BE AWARDED TO THE HENDERSON FIRE DEPARTMENT FOR TRAINING GROUND IMPROVEMENTS; AND AUTHORING MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT ON THE CITY’S BEHALF MOTION by Commissioner Staton, seconded by Commissioner Bugg, to approve accepting the grant from the State Fire Rescue Training Grant Program in the amount of $51,000.00 for training ground improvements including a roof training prop, forcible entry prop and a rappelling station to be added to the outer Fifth Street training grounds. JOSHUA FARRIS, Fire Captain, reported that last February the Fire Commission approached him with a grant opportunity; he completed the paperwork, submitting the request for $52,000.00 for the purchase of training equipment for the fire department training grounds. He explained that this year almost the entire request was funded with no match requirement, which is very unususal. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- 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 12, 2019 Maree Collins, CKMC, City Clerk ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager explained that the next item on the agenda is award of the bid for cleaning services for the Municipal Center and the Depot buildings. He and Public Works Director Brian Williams have met with the low bidder to discuss terms of the contract to make certain there is a clear understanding of what will be expected. RESOLUTION NO. 60-19: RESOLUTION AWARDING BID FOR CLEANING SERVICES FOR CITY’S MUNICIPAL CENTER BUILDING AND THE DEPOT TO E.P.I.C. SYSTEMS, INC. OF EVANSVILLE, INDIANA MOTION by Commissioner Royster, seconded by Commissioner Vowels, to award the bid for cleaning services for the Municipal Center building and the Depot building to E.P.I.C. Systems, Inc. of Evansville, Indiana in the amount of $2,366.33 per month (which is a $203.33 per month increase from the current contract), in strict accordance with the bid as submitted pursuant to Bid Reference 19-31. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and  167 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 12, 2019 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the Henderson Lions Club had once again submitted a letter of request for use of the City owned former Immanuel Baptist Temple building from January 3rd through February 23rd, 2020 to store donated items as part of the preparation for their annual auction and allowing the public to pick up and pay for items after the auction. He indicated that there are no planned uses for the building at the current time. MOTION by Commissioner Staton, seconded by Commissioner Royster, to approve the Henderson Lions Club request to use the City owned former IBT building from January 3rd through February 23, 2020 for the storage and distribution of items for their annual auction and directed staff to prepare a facility use agreement with the club. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that he is recommending the formation of a committee consisting of Fire Chief Scott Foreman, Fire Lieutenant Jeff Crafton, Project Manager Dylan Ward, Municipal Facilities Superintendent Terry Stone and himself to begin the process of the replacement plan for Fire Station #2 and possibly plan development for replacement of Fire Station #1 in the future. There were no objections with moving forward with the City Manager’s recommenda- tions. ________________________ DAWN KELSEY, City Attorney, reported that several years ago when the smoking ordi- nance was amended to include electronic cigarettes, a 15-foot restriction in parks near water fea- tures, the swimming pool, playground areas, and sporting facilities was implemented. Recently, the issue has come up that all parks should be smoke-free, or possibly allow festivals to desig- nate smoking areas during Permitted events. DISCUSSION WAS HELD regarding options of totally smoke-free parks, or smoke-free parks with Special Event holders able to determine if they will allow a designated smoking area or not; extending the 15-foot restriction; how and who would enforce the regulations especially during larger events; and the use of Atkinson Park ball fields by adult teams. It was determined that a work session would be scheduled after the first of the year to re- view each section of the ordinance allowing Commissioners to piecemeal an ordinance together for final approval. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that our fire depart- ment personnel have been put to the test in recent weeks. The structure fire last Friday night and then the early morning downtown fire could have been catastrophic, but he is proud to say that there were no injuries on either fire. Mr. Newman further indicated that Station #1 was recently  168 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 visited by a gentleman that was rescued in the county from a crane. The gentleman was in medi- cal distress and both the ladder truck and the rescue truck or “tool box” were sent to the scene. Immediately the rope rescue crew went into action to set up and the ladder truck operator deter- mined that he would also try to maneuver the ladder to assist with the rescue. This quick action saved precious minutes in getting the gentleman from the crane to a waiting helicopter. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, indicated that the regular work session will be conducted next Tuesday, November 19th at 5:30 p.m. with the subject of Tax In- crement Financing (TIF) for business development. He also reported that there was need to con- duct a brief called meeting at 5:15 p.m. for the purpose of second readings of the ordinances re- lating to solar and limited free parking in the Central Business District and possibly one or two other items. There will be no regular meeting on Tuesday, November 26th. ________________________ COMMISSIONER’S REPORT: COMMISSIONER ROYSTER reported that the Dia De Los Muertos “Day of the Dead” celebration went well and was well attended. ________________________ MAYOR AUSTIN wished all the veterans a happy Veterans Day. The local celebrations continue since school was closed Tuesday due to the weather conditions. The celebration on Monday at South Middle School drew a large crowd to honor the great bunch of veterans who are very important members of our community. ________________________ MAYOR AUSTIN reported that about four to six weeks ago a Product Development Initiative grant selection committee came to town for a site review of a property near the 425 bypass. Mr. Tony Iriti, Kyndle, received word today that we have been awarded the grant for the extension of the City’s natural gas lines to the site. This and the CSX Certification as a railroad spur site will move the property up on the Economic Development list. City Manager Newman reported that the grant is on a 50/50 match basis, so staff will be coming before the Board at some point in time with the grant documents and a budget amendment to expend those funds. Commissioner Staton indicated that we were one of two dozen sites under review for the grant and that this will really help to make this property more shovel ready. ________________________ APPOINTMENT: Human Rights Commission (City Appointments for the newly re-formed Commission): Darlene Ware – 3-Year Term - Term to Expire November 25, 2022 Tootie Cravens – 2-Year Term - Term to Expire November 25, 2021 Lawrence Thomas – 1-Year Term - Term to Expire November 25, 2020 Ginger Stovall (Joint Appt.) – 1-Year Term - Term to Expire November 25, 2020 MOTION by Commissioner Staton, seconded by Commissioner Royster, upon recom- mendation of Mayor Steve Austin, to appoint Darlene Ware to a three year term; Tootie Cravens to a two year term; Lawrence Thomas to a one year term as City appointees to the newly re- formed Human Rights Commission; and Ginger Stovall to a one year term as the joint City/County appointee. Said terms to expire November 25, 2022; November 25, 2021; and No- vember 25, 2020 respectively.  169 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 12, 2019 The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: ________________________ MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Bugg to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 6:30 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 10, 2019 ______________________ Maree Collins, CKMC City Clerk