Board of Commissioners Meetings

161 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 12, 2021, at 3:00 p.m., prevailing time, in the third floor assembly room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting as the result of the state of emergency declared by the President of the United States, the Governor of Kentucky, and the Mayor of the city of Henderson 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. The meeting was conducted in accordance with KRS 61.826 and SB150. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mr. Randall Redding, Acting City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. Sean McKinney, Deputy Police Chief Mr. Trace Stevens, Parks, Recreation and Cemetery Director Mr. Greg Nunn, Information Technology Director Mr. Briscoe Edwards, Police Major Mr. Dylan Ward, Project Manager Mr. Ray Nix, Code Administrator Mrs. Dawn Winn, Assistant Finance Director Ms. Susan Bryant, Revenue Supervisor Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Chris Heimgartner, HMPL General Manager Ms. Missy Vanderpool, Henderson Economic Development Executive Director Ms. Meredith Schmitt, Hendersonians for an Aquatic Center Committee Reverend Charles Johnson, Henderson Human Rights Commission Executive Director Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Mr. Briscoe Edwards, Henderson Police Major for his 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “Hendersonians for an Aquatic Center” MEREDITH SCHMITT, Hendersonians for an Aquatic Center Committee member, gave a brief update and requested that the City fund one-half of a $30,000.00 feasibility study as the first step in this project. DISCUSSION WAS HELD and it was determined to table the request until after the City has completed the upcoming review of project priorities of the 15 or so projects that are proposed or necessary over the next few years. It is anticipated that the Project Priority Review will be conducted within the next 30 days or so. ________________________ 162 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 ORDINANCE NO. 36-21: SECOND READ ORDINANCE AMENDING CHAPTER 21, TAXATION AN ORDINANCE AMENDING CHAPTER 21, TAXATION OF THE CITY OF HENDERSON CODE OF ORDINANCES BY ADDING SECTION 21-2 ADMINISTRATIVE HOLD TO ARTICLE I, IN GENERAL MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 37-21: SECOND READ ORDINANCE AMENDING BUSINESS AND OCCUPATIONAL LICENSE FEES ORDINANCE AMENDING CHAPTER 21, TAXATION, ARTICLE III-BUSINESS AND OCCUPATIONAL LICENSE FEES, SEC. 21-31-DEFINITIONS AND SEC. 21-32- OCCUPATIONAL LICENSE APPLICATION AND CERTIFICATE REQUIRED TO REQUIRE NON-LOCAL BUSINESSES TO POST A CASH BOND AT THE TIME OF REGISTRATION MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 38-21: SECOND READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2021B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $18,055,000.00 (WHICH AMOUNT MAY BE INCREASED BY UP TO $1,805,000.00 OR DECREASED BY ANY AMOUNT) FOR THE PURPOSES OF (A) FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (I) REAL PROPERTY, REAL PROPERTY IMPROVEMENTS, AND RELATED PERSONAL PROPERTY CONSTITUTING A NEW ADMINISTRATION BUILDING AND  163 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 TRANSMISSION AND DISTRIBUTION CENTER FOR THE CITY’S ELECTRICAL GENERATION AND DISTRIBUTION FACILITIES (THE “SYSTEM”) TO BE LOCATED ON A PARCEL OF APPROXIMATELY EIGHT ACRES ALONG BARRETT BOULEVARD IN HENDERSON, KENTUCKY, (II) AN ADVANCED METERING INFRASTRUCTURE SYSTEM FOR THE SYSTEM, (III) THE CONVERSION OF CERTAIN EXISTING ABOVE GROUND ELECTRICAL FACILITIES TO UNDERGROUND ELECTRICAL FACILITIES, AND (IV) THE REPLACEMENT OF UTILITY POLES, (B) PAYING COSTS OF CREDIT ENHANCEMENT; IF ANY, AND (C) PAYING THE COSTS OF ISSUANCE OF THE BONDS; APPROVING THE FORMS OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE OR NOTICES WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; ESTABLISHING BOND PAYMENT FUNDS FOR THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Nay: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 39-21: SECOND READ ORDINANCE ESTABLISHING THE OFFICE OF SAFETY OFFICER ORDINANCE ADDING SEC 22-2.1 ESTABLISHMENT OF THE OFFICE OF SAFETY OFFICER AND AUTHORITY OF SAFETY OFFICERS AND AMENDING SECTION 22-3 TO ADD SAFETY OFFICER TO CHAPTER 22 TRAFFIC AND MOTOR VEHICLE, ARTICLE I IN GENERAL, SECTION 22-3 OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS AND SAFETY OFFICERS MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ 164 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 RESOLUTION NO. 74-21: RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, UNDER THE TRANSPORTATION ALTERNATIVES PROGRAM (TAP) FOR THE NORTH GREEN RIVER ROAD SIDEWALK EXTENSION PROJECT MOTION by Commissioner Staton, seconded by Commissioner Thomas, to approve the execution of an Amendment in the amount of $25,000.00 for the right-of-way phase to an Agreement with the Kentucky Transportation Cabinet for the North Green River Road Sidewalk Extension Project. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 54-21: MUNICIPAL ORDER APPROVING LICENSE AND INDEMNITY AGREEMENT BY THE CITY OF HENDERSON AND THE HENDERSON COUNTY SHERIFF’S OFFICE FOR THE USE OF THE HENDERSON POLICE DEPARTMENT FIRING RANGE MOTION by Commissioner Staton, seconded by Commissioner Thomas, to approve the Agreement between the City and the Henderson County Sheriff’s Office for use of the Henderson Police Department firing range training facility. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________  165 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 MUNICIPAL ORDER NO. 55-21: MUNICIPAL ORDER APPROVING CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HENDERSON AND HAZEX CONSTRUCTION CO., INC. REGARDING THE BORAX DRIVE EXTENSION IN THE AMOUNT OF $15,875.00 MOTION by Commissioner Staton, seconded by Commissioner Vowels, to approve Change Order #2 to the construction contract with Hazex Construction Co., Inc. regarding the Borax Drive Extension Project in the amount of $15,875.00. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 56-21: MUNICIPAL ORDER APPROVING THE PURCHASE OF AN OUTDOOR SELF- SERVICE PAYMENT KIOSK FROM CITYBASE OF CHICAGO, ILLINOIS IN THE AMOUNT OF $65,000.00 PLUS $3,000.00 PER YEAR FOR MAINTENANCE AND SUPPORT MOTION by Commissioner Staton, seconded by Commissioner Vowels, to approve the purchase of an outdoor self-service payment kiosk from CityBase of Chicago, Illinois in the amount of $65,000.00 plus $3,000.00 per year for maintenance and support. DISCUSSION WAS HELD relating to the cost of the unit; proposed location/placement; future locations; convenience for customers; and other details of what and how the unit would work. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to table Municipal Order 56-21 for further research and review of the purchase of this payment kiosk. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared Municipal Order 56-21 TABLED. ________________________ 166 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 MUNICIPAL ORDER NO. 57-21: MUNICIPAL ORDER ACCEPTING ENGINEERING AND RELATED SERVICES FEE PROPOSAL BY QK4, INC. FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES RELATED TO THE KY 425 BYPASS TURN LANE PROJECT MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing acceptance of Engineering and Related Services Fee Proposal of Qk4, Inc. for professional engineering and design services related to the Kentucky 425 Bypass Turn Lane Project. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: October 12, 2021 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: TRACE STEVENS, Park, Recreation and Cemeteries Director, gave a brief update on the Tree Committee. He reported that the Committee met September 30th to review information collected relating to the species, age/life span, and health of each of the trees located within the downtown area and to begin the process of developing a sustainable replacement plan. ________________________ CITY COMMISSIONER’S REPORT: MAYOR AUSTIN announced that a work session was scheduled for next Tuesday, October 19, 2021, for review and discussion of the prioritization of the list of upcoming projects that are necessary over the next few years. ________________________ EXECUTIVE SESSION: “Business Entity Proposal” MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(G) for discussions between the City and a business entity concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________  167 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on October 12, 2021 MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: 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 Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:10 p.m. ___________________________ ATTEST: Steve Austin, Mayor August 9, 2022 ______________________ Maree Collins, CKMC City Clerk