Board of Commissioners Meetings

24 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 22, 2022, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center, 222 First Street, Henderson, Kentucky designated as the primary location for this video teleconference work session as a 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. There were present Mayor Pro-Tem Bradley S. Staton presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. ABSENT: Commissioner Rodney Thomas Mayor Steve Austin 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 Mr. Heath Cox, Police Chief Mr. Trace Stevens, Parks and Recreation Director Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Mr. Ray Nix, Code Administrator Mr. Greg Nunn, Information Technology Director Mr. Cory Fischbeck, Assistant Information Technology Director Mr. Travis Owens, IT Programmer/Analyst Mr. David Wright, Network Administrator II Mr. Victor Carson, Network Administrator Mrs. Donna Madden, Administrative Secretary Mr. Sam Lingerfelt, Safety & training Coordinator Mr. Tom Williams, General Manager-Henderson Water Utility Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PRESENTATION: “Police Chief Heath Cox Retirement” MAYOR PRO TEM STATON presented Police Chief Heath Cox with his retirement watch and indicated that he and the Commission were proud of the job that he has done for our community and proud of the job that all of our Police Department has done under his tenure. Mayor Pro Tem Staton stated that we will miss Chief Cox and wish him all the best his in future endeavors. HEALTH COX, Police Chief, stated that he was extremely grateful for the opportunities he has been given and the team of people that he works with to better our community and our department. ________________________  25 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 MUNICIPAL ORDER NO. 07-22: MUNICIPAL ORDER APPROVING SPECIAL WARRANTY DEED, WITH THE RIGHT OF RE-ENTRY, BETWEEN THE CITY OF HENDERSON AND CLIFF HAGAN BOYS & GIRLS CLUB, INC. D/B/A BOYS & GIRLS CLUB OF HENDERSON FOR THE PROPERTY LOCATED AT 731 N. ELM STREET (FORMER NATIONAL GUARD ARMORY FACILITY), AND AUTHORIZING THE MAYOR TO SIGN THE DEED ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, approving the Special Warranty Deed, with the right of re-entry, between the City and Cliff Hagan Boys & Girls Club, Inc. d/b/a Boys & Girls Club of Henderson for the property located at 731 North Elm Street (former National Guard Armory facility). The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 08-22: MUNICIPAL ORDER AUTHORIZING ELECTRIC FACILITIES EASEMENT BETWEEN THE CITY OF HENDERSON AND KENERGY CORP, AND AUTHORIZING MAYOR TO EXECUTE THE EASEMENT ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to authorize an Electric Line Right-of-Way Easement with Kenergy Corporation on an approximate 16 acre parcel of land on KY 425 owned by the City. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 03-22: RESOLUTION DECLARING THE CITY’S INTENT TO REIMBURSE ITSELF FOR THE COST OF CAPITAL EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS 26 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, authorizing the City’s intent to reimburse itself for the cost of capital expenditures from the future proceeds of tax-exempt general obligation bonds. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the resolution adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 09-22: MUNICIPAL ORDER AWARDING BIDS FOR MOWING OF CITY PROPERTIES AS FOLLOWS: GROUP A1 TO CTL SERVICES, LLC OF MORGANFIELD, KY AND GROUP A3 TO BRANDON’S LAWN AND LANDSCAPING OF HENDERSON, KY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to award bids for mowing of city properties, Group A1 (all Atkinson Park properties from Villa Drive to 12th Street) to CTL Services, LLC of Morganfield, Kentucky, and Group A3 (Pee Wee Field, Kimmel, East End, Community, Anthony Brooks, Newman Parks, and the JFK Center/Handy Park) to Brandon’s Lawn and Landscaping of Henderson, Kentucky, in strict accordance with their bids as submitted pursuant to Bid Reference 22-01. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 10-22: MUNICIPAL ORDER AWARDING BID FOR MOWING OF CITY CEMETERIES TO KNIGHT’S LANDSCAPING, LLC OF HENDERSON, KY MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to award the bid for mowing of city cemeteries (Fernwood, Fairmont and Mt. Zion) to Knight’s Landscaping LLC of Henderson, Kentucky, in strict accordance with their bid as submitted pursuant to Bid Reference 22-02. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye:  27 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 11-22: MUNICIPAL ORDER APPROVING DELIVERY INTERCONNECT AGREEMENT BETWEEN TEXAS GAS TRANSMISSION, LLC AND HENDERSON MUNICIPAL GAS, AND AUTHORIZING TIM CLAYTON, GAS SYSTEM DIRECTOR, TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, approving the Delivery Interconnect Agreement between Texas Gas Transmission, LLC and Henderson Municipal Gas regarding the construction, installation, maintenance, and ownership of certain interconnecting facilities to deliver natural gas from Texas Gas’ system to Henderson’s distribution system located in Section 6, Township P, Range 24 in Henderson County Kentucky. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 12-22: MUNICIPAL ORDER APPROVING AMENDMENT #1 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN HDR ENGINEERING, INC. AND THE CITY OF HENDERSON FOR ENGINEERING SERVICES RELATING TO TIF ASSISTANCE AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, approving Amendment #1 to an Agreement with HDR Engineering, Inc. to perform additional engineering services relating to TIF Assistance. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: 28 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 13-22: MUNICIPAL ORDER APPROVING STATEMENT OF WORK BETWEEN THE CITY OF HENDERSON AND INTEGRATION PARTNERS FOR THE REPLACEMENT OF THE MUNICIPAL CENTER PHONE SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATEMENT OF WORK ON BEHALF OF THE CITY MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, approving the Statement of Work for Integration Partners to replace the Municipal Center PBX phone system with an IP Office Server Edition . The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WHEREUPON, the Mayor Pro Tem declared the municipal order adopted, affixed the date thereto and ordered that the same be signed and recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: February 22, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORTS: BRIAN WILLIAMS, Public Works Director, reported that the recycling program has gone from around 450 to 2600 household participants over the past year and a half while the tonnage has stayed about the same due in part to glass no longer being collected. In that same time-period we have purchased approximately 220 96-gallon containers at a cost of from $65 to $75 each. Currently we have around 40 of each 96-gallon and 35-gallon containers in stock. One of the biggest problems of late has been when Waste Management bought out Advanced Disposal, complaint calls go to a call center that doesn’t have us in their data base. Callers are being told they don’t service this area. We believe we have the issue addressed at this time. Mr. Williams further reported that Spring Cleanup will again be in two phases this year with the first phase beginning Monday, March 21st for those residences north of Second Street and the second phase beginning Monday, April 25th for residences south of Second Street. ________________________ GREG NUNN, Information Technology Director, reported that about a month ago we lost a key piece of equipment to send the signal to Spectrum for channel 200 viewing. In the interim we have continued to live stream on Facebook, YouTube, Twitter and the City’s website. Due to the age of the equipment, which is well past its useful life, the quality of our signal is poor. We would like to improve the quality of our streaming output which would require an upgrade to the digital equipment, projectors and cameras. This would mean that our output would no longer be compatible with the current Spectrum equipment to broadcast on channel 200. In order to broadcast on channel 200, it would be necessary to upgrade through Spectrum and pay a $560.00 monthly equipment fee for a point-to-point 20 MB connection. Staff is requesting direction from the Board on how to proceed.  29 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 The Commissioners present indicated a consensus to upgrade the streaming signal and requested that staff present a budget for the upgrade project. ________________________ WILLIAM L. (“BUZZY”) NEWMAN, JR., City Manager, indicated that Chief Cox has built his team with good leadership, and it is his intention to replace the chief from within the department. The application/interview process will begin in earnest with a recommendation anticipated in early March. ________________________ WILLIAM L. (“BUZZY”) NEWMAN, JR., City Manager, reported that there will be need for a special called meeting either Friday or Monday noon to accept the remaining mineral deeds for the property that will be used for Pratt. The meeting time/date will be finalized when the deeds have been completed. ________________________ CITY ATTORNEY’S REPORT: “Ordinance Review – Recreational Vehicle Community” DAWN KELSEY, City Attorney, indicated that since the Audubon State Park campground has been closed for renovations it has become apparent that a change in the zoning ordinance is needed to accommodate specialty contractors bringing in their own recreational vehicles for extended periods while they work on the large construction projects in our community. The proposed changes would allow a recreational vehicle community as a conditional use in Manufactured Home District. As a conditional use, the Board of Zoning Adjustment would be able to regulate screening and other requirements. In order to make this amendment, we will need to formally submit the requested changes to the Planning Commission for review and action. MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, approving forwarding amendments to the Zoning Ordinances for this requested change. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: ________________________ COMMISSIONERS’ REPORT: COMMISSIONER VOWELS indicated that he had been asked about the Aquatic Center Feasibility Study funding and if the Board was agreeable to move forward with splitting the $30,000.00 fee between the City and the County as the school board had determined that they didn’t feel it legal for them to help fund the study. It was determined to wait until the full Board was in attendance to take any formal action on the request. ________________________ COMMISSIONER PRUITT indicated that the curve on Gabe Street needs signage. He reported that a guardrail and lights were installed, but no signage indicting the curve. City Manager Newman indicated that Public Works had been proactive in having the guardrail installed and will check into the proper signage for that location. ________________________ 30 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 22, 2022 MAYOR PRO TEM Staton indicated that several businesses along with County government have gone to mask optional policies and he would like for staff to review our mask policy. City Manager Newman indicated that Henderson County has just this week moved from red into orange and hopefully in the next two weeks will progress to yellow. He reported that by the next meeting we will have updated information and hopefully the County will have progressed into the yellow. He will give his opinion at the next meeting. ________________________ MEETING ADJOURN: MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Mayor Pro Tem Staton -- Aye: Commissioner Thomas -- Absent: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Absent: WITHOUT OBJECTION, Mayor Pro Tem Staton declared the Meeting adjourned at approximately 3:55 p.m. ___________________________ ATTEST: Steve Austin, Mayor November 15, 2022 ______________________ Maree Collins, CKMC City Clerk