Board of Commissioners Meetings

43 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, March 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 meeting 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. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. 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 Mrs. Dawn Winn, Assistant Finance Director Mr. Trace Stevens, Parks Recreation & Cemetery Director Mr. Scott Foreman, Fire Chief Mr. Greg Nunn, Information Technology Director Mr. Ray Nix, Codes Administrator Mr. Mark Simmons, Recreation Program Manager Mr. Dylan Ward, Project Manager Ms. Crystal Windhaus, Mass Transit Superintendent Mrs. Donna Madden, Administrative Secretary Mrs. Theresa Richey, Legal Secretary Ms. Cindy Phillips, Administrative Secretary Mr. Tad A. Holmes, Fire Driver-Engineer Ms. Tammy Willett, Community Development Specialists Ms. Stephanie Weiner, Secretary Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Tom Williams, Henderson Water Utility General Manager Ms. Lindsay Locasto, Henderson Chamber of Commerce President Mrs. Abby Dixon, Tourist Commission Executive Director Mr. Dwight Williams, Commissioner Candidate Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PUBLIC HEARING: “HART 2022 FTA Grant Application” MAYOR AUSTIN declared the Public Hearing to solicit public comments on the potential use of the 2022 Federal Transit Administration Grant Application to order at approximately 3:01 p.m. The 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 3:03 p.m. ________________________ 44 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: February 23, 2021, Called Joint City Utility Commission Meeting March 23, 2021, Regular Meeting April 13, 2021, Regular Meeting Resolutions: 08-22: Resolution Authorizing Submittal of a Grant Application for Public Transit Assistance and Acceptance of Funds if Awarded; and Authorizing the City Manager to Execute All Necessary Documents 09-22: Resolution Authorizing Lease of Office Space at 1990 Barret Court (former Peabody Building) to Henderson City-County Planning Commission; and Authorizing Mayor to Execute Lease Agreement Municipal Orders: 18-22: Municipal Order Authorizing Lease Between the City of Henderson and the Housing Authority of Henderson Kentucky, for the Dixon Hall Facility Located at 341 South Adams Street, Henderson, Kentucky; and Authorizing Mayor to Execute Same on Behalf of City Motion by Commissioner Pruitt, seconded by Commissioner Thomas, 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 ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: March 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 06-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC UTILITY (SEWER) IMPROVEMENTS ON PROPERTY LOCATED AT 949 PEBBLE CREEK DRIVE (PVA PARCEL #65-29), AND KNOWN AS PEBBLE CREEK APARTMENTS, IN THE CITY OF HENDERSON 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 ----- Aye: Mayor Austin ------------- Aye:  45 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 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 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 07-22: SECOND READ ORDINANCE AMENDING APPENDIX A – ZONING ORDINANCE AMENDING ARTICLE XXX-RIVERFRONT ZONES, SEC. 30.05-RF-4 RIVERFRONT RESIDENTIAL, OF APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, TO ALLOW FAMILY CHILD CARE HOMES AS A CONDITIONAL USE MOTION by Commissioner Pruitt, 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 ----- 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: March 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 08-22: FIRST READ ORDINANCE AMENDING ARTICLE VII-PURCHASING, SALES AND CONTRACTS ORDINANCE AMENDING ARTICLE VII-PURCHASING, SALES AND CONTRACTS, SEC. 2-290-RESPONSIBILITY AND DELEGATION OF AUTHORITY, SEC. 2-296-SEALED BIDS, AND SEC. 2-302-SURETIES AND BONDS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Vowels, 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 ----- 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. ________________________ MUNICIPAL ORDER NO. 19-22: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF INDIRECT NATURAL GAS HEATER SYSTEM TO SAGEBRUSH PIPELINE EQUIPMENT OF TULSA, OKLAHOMA, IN THE AMOUNT OF $150,470.00 46 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to award bid for the purchase of and indirect natural gas heater system from Sagebrush Pipeline Equipment of Tulsa, Oklahoma, in strict accordance with their bid as submitted pursuant to Bid Reference 22- 03. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: March 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 20-22: MUNICIPAL ORDER AWARDING BID FOR DEMOLITION AND RECONSTRUCTION OF A DILAPIDATED HOME LOCATED AT 452 S. ADAMS STREET TO ADAMS CONSTRUCTION, HENDERSON, KY IN THE AMOUNT OF $185,970.00 MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to award the bid for demolition and reconstruction of a dilapidated home located at 452 S. Adams Street to Adams Construction, in strict accordance with their bid as submitted pursuant to Bid Reference 22-08. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: March 22, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 21-22: MUNICIPAL ORDER AWARDING BID FOR DEMOLITION AND REMOVAL OF A DILAPIDATED MOBILE HOME LOCATED AT 217 S. MEADOW STREET TO M. BOWLING, INC, HENDERSON, KY IN THE AMOUNT OF $9,900.00 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to award the bid for the demolition and removal of a dilapidated mobile home located at 217 S. Meadow Street to M. Bowling, Inc., in strict accordance with their bids as submitted pursuant to Bid Reference 22-07. The vote was called. On roll call, the vote stood:  47 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: March 22, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORTS: DYLAN WARD, PROJECT MANAGER, introduced Crystal Windhaus, as the newly appointed Mass Transit Superintendent. ________________________ THERESA RICHEY, Legal Secretary, presented a brief overview of the Administrative Hold ordinance and explained the process. She reported that the ordinance became effective January 1st of this year and to date, there have been 226 reviews conducted resulting in 32 holds, 19 of those have been resolved with $21,290.00 collected plus another eight have come into compliance with Occupation License requirements. She further reported that all 226 reviewed were done within one business day of receipt, usually within hours. Ms. Richey stated that ABC Licenses were used as a trial run – 77 reviews resulted in 33 holds, with 100% compliance. ________________________ MARK SIMMONS, Recreation Program Manager, gave a brief update on the Riverfront Water Feature. He reported that all of the plumbing boxes are in on the large side and the small side will be completed soon. It is anticipated to conduct pressure testing next week and then back fill. Some pumps are on back order and are expected in five to six weeks. The new target date is Memorial Day. Mark reminded everyone of the upcoming Easter Egg Hunt on April 9th. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that concrete has been hard to come by due to a lack of truck drivers. Mr. Newman thanked Mark for his time and efforts on keeping all of the contractors and work progressing on this project. ________________________ CITY ATTORNEY’S REPORT: DAWN KELSEY, City Attorney, gave a brief presentation and review of the Entertainment Destination Center License and proposed map. The following are the next steps in the process: Finalize Map; Prepare and Pass Ordinance; Apply to ABC for the License; ABC License Review is open for 30 days for comment period; Agreements for Cups/Armbands/Staffing. LINDSAY LOCASTO, Henderson Chamber of Commerce President, and ABBY DIXON, Tourist Commission Executive Director, expressed their excitement to get this project to the next steps. ________________________ MISCELLANEOUS: “KIA Kentucky Cleaner Water Program Grant Conditional Commitment Letters” The City has received notification of two Kentucky Infrastructure Authority Kentucky Cleaner Water Program grant fund awards in the amount of $610,384.00 and $750,000.00 for the KY 425 Bypass Industrial Park Water Main and Sewer Force Main & Pump Station projects. 48 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on March 22, 2022 These funds are provided through the American Rescue Plan Act of 2021, Coronavirus State Fiscal Recovery Fund. The Conditional Commitment Letters set forth certain conditions that must be met prior to an Assistance Agreement being issued. Staff is requesting approval authorizing the Mayor to execute the KIA Conditional Commitment Letters on behalf of the City for these Henderson Water Utility projects. MOTION by Commissioner Staton, seconded by Commissioner Thomas, authorizing Mayor Austin to sign both conditional commitment letters for KIA Grant Number 21CWS051 in the amount of $610,384.00 and Grant Number 21CWW084 in the amount of $750,000.00 relating to award of Kentucky Cleaner Water Program grant funds for the KY 425 Bypass Industrial park – Water Main and Sewer, Force Main & Pump Station Projects. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: ________________________ 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 ----- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:15 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 13, 2022 ______________________ Maree Collins, CKMC City Clerk