Board of Commissioners Meetings

25 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 23, 2021, at 3:00 p.m., prevailing time, with no primary location designated for this video teleconference meeting as the result of the state of emergency declared by the President of the United States and the Governor of Kentucky due to the global COVID-19 pandemic, and in accordance with recommended and mandated precautions related to COVID-19 per the Kentucky Attorney General Opinion 20-05, limited public attendance was permitted at this meeting due to the highly contagious nature of COVID-19. It is not feasible for the City to maintain order and abide by recommended and mandated precautions while providing a central physical location for public viewing. The meeting was conducted in accordance with KRS 61.826 and SB150. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Bradley S. Staton (via Zoom video panelist) Commissioner Rodney Thomas (via Zoom video panelist) Commissioner Austin P. Vowels (via Zoom video panelist) ABSENT: Commissioner Robert N. Pruitt, Sr. ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Mrs. Karla Beckgerd, Acting City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer (via Zoom) Mr. Heath Cox, Police Chief Mr. Trace Stevens, Parks & Recreation Director Mr. Brian Williams, Public Works Director Mr. Dylan Ward, Project Manager Mrs. Dawn Winn, Assistant Finance Director Mr. Tim Clayton, Assistant Gas System Director Ms. Betsy Tillotson, Secretary Senior Ms. Bobbie Puttman, Secretary Senior Mr. Chris Heimgartner, HMPL General Manager Mr. Jay Randolph, Chloe Randolph Organization Mrs. Kristie Randolph, Chloe Randolph Organization Ms. Lindsay Locasto, Downtown Henderson Partnership, Executive Director Mr. Jeff Givens, Henderson County School Teacher Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PROCLAMATION: “Honoring the Life of Chloe Renee Randolph” MAYOR AUSTIN presented the joint city/county proclamation honoring the life of Chloe Renee Randolph to Mrs. Kristie Randolph and the Chloe Randolph Organization. ________________________ PRESENTATION: “20 Year Service Award” MAYOR AUSTIN expressed appreciation to Elizabeth ‘Betsy’ Tillotson for her 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “20 Year Service Award” MAYOR AUSTIN expressed appreciation to Bobbie Puttman for her 20 years of service and dedication to the City of Henderson. ________________________ 26 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 PRESENTATIONS: “Utility Spiking Issue in Texas” CHRIS HEIMGARTNER, Henderson Municipal Power & Light General Manager, indicated that he was asked to report on the issues of utility cost spiking during the recent weather issues in Texas and how Henderson managed to not experience those same issues. Mr. Heimgartner explained that Henderson is a member of MISO (Midcontinent Independent System Operator) an independent, not-for-profit, member-based organization responsible for operating the power grid across 15 U.S. states and the Canadian province of Manitoba. The Electric Reliability Council of Texas (ERCOT) manages the flow of electric power to more than 26 million Texas customers -- representing about 90 percent of the state’s electric load. ERCOT is a membership-based 501(c)(4) nonprofit corporation, governed by a board of directors and subject to oversight by the Public Utility Commission of Texas and the Texas Legislature. The recent incident in Texas caused rolling blackouts for weeks, ERCOT fired CEO, all three PSC commissioners resigned, thousands of homes were destroyed, residential electric bills reached $15,000 for a one-week bill, two utilities declared bankruptcy-and one refuses to pay bill, and over 80 lives were lost. Mr. Heimgartner reported that MISO monitors weather conditions and worked to prevent damages with planned outages and other precautions that spread the need for additional power to other operators not effected by the weather conditions. He reported that in Mississippi the highest MISO electric rate was $0.50 per megawatt hour compared to the ERCOT rate of $9.00 per megawatt hour for the same time period. He further explained that Henderson purchases power utilizing long- and short- term contracts as well as supplementing with the ‘day-ahead’ market. ________________________ PRESENTATIONS: “Community Clean-up Project” JEFF GIVENS, Henderson County School Teacher and LINDSAY LOCASTO, Downtown Henderson Partnership Executive Director, reported that a riverfront clean-up project has been scheduled for Friday, March 26th and Saturday, March 27th, 2021, from 8:00 a.m. to Noon. Ms. Locasto reported that these events are scheduled on two dates so that downtown business personnel and students will have an opportunity to participate. ________________________ PUBLIC HEARING: “HART 2021 FTA Grant Application” MAYOR AUSTIN declared the Public Hearing to solicit public comments on the potential use of the 2021 Federal Transit Administration Grant Application to order at approximately 3:27 p.m. The acting clerk read the notice and Mayor Austin asked if any comments were received or if anyone would like to comment on the funding application for assistance in the fixed route and demand response services, capital projects, and planning assistance activities for the Henderson Area Rapid Transit system. Hearing none, he declared the public hearing closed at approximately 3:29 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the Acting City Clerk to read the Consent Agenda. Resolutions: 17-21: Resolution Authorizing the Submittal of a Grant Application for Public Transit Assistance 18-21: Resolution Authorizing the Submission of Grant Application to Transportation Cabinet, Kentucky Office of Highway Safety, In the Amount of $28,600.00 for the Police Department and Acceptance of Grant, If Awarded 19-21: Resolution Granting Property Reassessment Moratorium for 4242OH, LLC for Property Located at 200-212 North Main Street, Henderson, Kentucky  27 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 20-21: Resolution Granting Property Reassessment Moratorium for 4242OH, LLC for Property Located at 213 Second Street, Henderson, Kentucky 21-21: Resolution Granting Property Reassessment Moratorium for JTCT Holdings for Property Located at 128 and 132 Second Street, Henderson, Kentucky Municipal Orders: 12-21: Municipal Order Awarding Bid for the Purchase of Fire Protective Clothing for the Fire Department to Fire Department Service and Supply of Louisville, Kentucky in the Total Amount of $43,745.00 13-21: Municipal Order Awarding Bid for Purchase of Cement Concrete to Irving Materials, Inc. of Henderson, Kentucky in the Total Amount of $197,510.00 as The Primary Supplier, and Meuth Construction Supply, Inc. of Henderson, Kentucky, as an Alternative Supplier in the Total Bid Amount of $212,145.00 14-21: Municipal Order Regarding the Extension of the Filing and Payment Deadline for Taxes on Net Profits Due April 15, 2021, and Waiver of Interest and Penalties if Paid in Full on or Before May 17, 2021 Motion by Commissioner Thomas, seconded by Commissioner Staton, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ ORDINANCE NO. 04-21: SECOND READ ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY AN ORDINANCE CLOSING PORTION OF PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 144 FEET OF THE 200 FOOT, 8.75 FOOT WIDE UNIMPROVED ALLEYWAY LOCATED IN THE CITY OF HENDERSON AND RUNNING FROM SOUTH JULIA STREET TO APPROXIMATELY 56 FEET FROM A T-ALLEY AT THE MIDPOINT OFF THE 1000 BLOCK OF POWELL STREET MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 28 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 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: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ ORDINANCE NO. 07-21: FIRST READ ORDINANCE AMENDING SIGNS AND OUTDOOR ADVERTISING DISPLAYS ORDINANCE AMENDING ARTICLE X, SIGNS AND OUTDOOR ADVERTISING DISPLAYS, SECTION 10.03. DEFINITIONS AND INTERPRETATION, SECTION 10.06. DESIGN, CONSTRUCTION, AND MAINTENANCE, SECTION 10.08. SIGNS IN THE PUBLIC RIGHT-OF-WAY, SECTION 10.09. SIGNS EXEMPT FROM REGULATION UNDER THIS ARTICLE, SECTION 10.11. BILLBOARDS, SECTION 10.12. TEMPORARY SIGNS, SECTION 10.21. PENALTIES FOR VIOLATION AND BY DELETING APPENDIX #3 OF THE CITY OF HENDERSON’S ZONING ORDINANCE MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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. 08-21: FIRST READ ORDINANCE AMENDING CHAPTER 23, UTILITIES AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 23, UTILITIES, ARTICLE V, RATES AND CHARGES, SECTION 23-100, DUE DATES TO ADD BUDGET BILLING OPTIONS FOR WATER, WASTEWATER, 911, AND SANITATION FEES MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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. ________________________  29 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 MUNICIPAL ORDER NO. 15-21: MUNICIPAL ORDER APPROVING HOURLY PAY RATE INCREASE FOR ATKINSON POOL LIFEGUARDS MOTION by Commissioner Staton, seconded by Commissioner Thomas, to adopt the municipal order approving hourly pay rate increase for Atkinson Pool lifeguards. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: 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: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ MUNICIPAL ORDER NO. 16-21: MUNICIPAL ORDER AUTHORIZING AWARD OF BID FOR THE FIRING RANGE LEAD MAINTENANCE TO METALS TREATMENT TECHNOLOGIES, LLC OF ARVADO, COLORADO, IN THE AMOUNT OF $81,261, PLUS AUTHORIZING FOR UP TO $7,000.00 FOR ADDITIONAL TESTING IF NECESSARY MOTION by Commissioner Staton, seconded by Commissioner Thomas, to adopt the municipal order awarding the bid for the firing range maintenance to Metals Treatment Technologies, LLC of Arvado, Colorado in the amount of $81,261.00, plus authorizing up to $7,000.00 for additional testing, if necessary. HEATH COX, Police Chief, explained that the range had not been cleaned up in at least 27 years and that a testing program will be implemented for continued monitoring. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: 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: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ 30 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 MUNICIPAL ORDER NO. 17-21: MUNICIPAL ORDER ACCEPTING QUOTE FROM ROBINSON PAINTING, EVANSVILLE, INDIANA, IN THE AMOUNT OF $22,304.00 FOR THE EXTERIOR PAINTING OF JFK COMMUNITY CENTER MOTION by Commissioner Thomas, seconded by Commissioner Staton, to adopt the municipal order accepting quote from Robinson Painting, Evansville, Indiana in the amount of $22,304.00 for exterior painting of the John F. Kennedy Community Center. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, and DAWN WINN, Assistant Finance Director, reported that Request for Quotes were sent, in compliance with the Model Procurement Code, to five vendors with three responding by the extended deadline of February 26, 2021. One local vendor submitted a quote on March 8th, which was disqualified due to the lateness of the submittal. COMMISSIONER STATON acknowledged the efforts of Finance Department staff to try to involve local companies in our bidding processes and hoped that this local vendor will try again. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: 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: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ MUNICIPAL ORDER NO. 18-21: MUNICIPAL ORDER ACCEPTING CONTRACT BETWEEN CITY OF HENDERSON AND BELL ENGINEERING FOR PROFESSIONAL SERVICES RELATING TO THE NATURAL GAS RELOCATION PROJECT FOR THE I-69 ORX PHASE 1 PROJECT IN THE AMOUNT OF $77,904.00 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order accepting the contract with Bell Engineering for professional services relating to the City’s natural gas line relocation for the I-69 ORX Phase 1 project in the amount of $77,904.00. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: 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  31 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 ATTEST: March 23, 2021 Karla Beckgerd, Acting City Clerk ________________________ APPOINTMENT: Henderson Tourist Commission: Ms. Kathy Morgan – Unexpired Term to Expire June 30, 2023 Motion by Commissioner Thomas, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to appoint Ms. Kathy Morgan to fill the unexpired term of Jamie Liles on the Henderson Tourist Commission. Said term to expire June 30, 2023. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: ________________________ RE-APPOINTMENT: Utility Commission Mr. Lin Shannon – Term to Expire April 25, 2024 Ms. Jennifer Howell – Term to Expire April 25, 2024 Motion by Commissioner Staton, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Lin Shannon, Chairman and Ms. Jennifer Howell, Secretary, to four-year terms on the Utility Commission. Said terms to expire April 25, 2024. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(B) for discussion of the purchase of real property in the Central Business District and the Highway 351 and Airline Road area. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ 32 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 23, 2021 MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Thomas, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels Aye: Commissioner Pruitt ----- Absent: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:35 p.m. ___________________________ ATTEST: Steve Austin, Mayor March 22, 2022 ______________________ Maree Collins, CKMC City Clerk