Board of Commissioners Meetings

51 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 12, 2022, 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 in accordance with KRS 61.826. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Rodney Thomas Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton 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 Mrs. Connie Galloway, Human Resources Director Mr. Scott Foreman, Fire Chief Mr. Sean McKinney, Police Chief Mr. Steve Davis, Codes Administrator Mr. Trace Stevens, Parks Recreation & Cemetery Director Mr. Sam Lingerfelt, Safety and Training Coordinator Mr. Ryan Walenga, Major, Police Department Ms. Tammy Willett, Community Development Specialist Mrs. Donna Madden, Administrative Secretary Mrs. Theresa Richey, Legal Secretary Ms. Cindy Phillips, Administrative Secretary Ms. Stephanie Weiner, Secretary Mr. Tad A. Holmes, Fire Driver-Engineer Mrs. Marisa Holmes Mr. Bill Raleigh, IT Support Specialist Mr. Travis Owens, IT Programmer/Analyst Mr. Tom Williams, General Manager, Henderson Water Utility Mr. Bill Hubiak, Henderson County Engineer Mr. Nick Stallings, Henderson County Engineer Ms. Missy Vanderpool, Executive Director Henderson Economic Development Mr. Mike Hazelwood, E M Ford Insurance & Financial Planning Rev. Charles Johnson, Human Rights Commission Executive Director ________________________ PROCLAMATION: “Fair Housing Month” MAYOR AUSTIN proclaimed the month of April 2022 as “Fair Housing Month” in Henderson, Kentucky, and urged all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. REVEREND CHARLES JOHNSON, Human Rights Executive Director, and Ms. TAMMY WILLETT, Community Development Specialist, were present to accept the proclamation. ________________________ PROCLAMATION: “In Support of Ukrainian People” A proclamation in support of the Ukrainian People, recognizing this very difficult situation and their fight for freedom and democracy was read into the official record. ________________________ 52 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 PRESENTATION: “25-Year Service Award” MAYOR AUSTIN expressed appreciation to TAD A. HOLMES, Fire Driver/Engineer for his 25 years of service and dedication to the City of Henderson. ________________________ RECOGNITION OF VISITORS: MIKE HAZELWOOD indicated that he has been a long-time resident of Henderson and has been in contact with City staff to discuss property and liability insurance services he can provide and looks forward to an opportunity of working with the City in the future. ________________________ BILL HUBIAK, Henderson County Engineer, reported that upon his retirement at the end of June, NICK STALLINGS would be his replacement over the County Road and Parks departments and the Recycling Center. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: April 27, 2021, Regular Meeting May 6, 2021, Called Joint City/Water & Sewer Commission Meeting May 11, 2021, Regular Meeting Resolutions: 10-22: Resolution Granting Property Reassessment Moratorium for the Imperial Group LLC for Property Located at 110 Third Street, Henderson KY Municipal Orders: 23-22: Municipal Order Authorizing Submittal of a 2022 Waste Tire Market Development Rubberized Asphalt Grant Application to the Commonwealth of Kentucky Energy & Environment Cabinet, Division of Waste Management, for the Purchase and Application of 12,000 Square Yards of Rubber- Modified Asphalt and Aggregate to Add an Asphalt Overlay on a Portion of Garden Mile Road from KY-351 (Zion Road) to KY- 812 (Airline Road); Accepting Grant if Awarded; and Authorizing the Mayor to Execute all Necessary Documents 24-22: Municipal Order Approving Memorandum of Understanding Between the City of Henderson and the Evansville- Area Trails Coalition for the Upgrade Bike Share Program; and Authorizing the Mayor to Execute the Agreement on Behalf of the City 25-22: Municipal Order Awarding Bids for Purchase of Limestone Rock and Sand-Group A, to Hazex Construction Company, Inc. of Henderson, Kentucky, Mulzer Crushed Stone, Inc. of Tell City, Indiana; and Pine Bluff Materials Company LLC, Nashville, Tennessee; and Recycled Concrete-Group B, to Hazex Construction Company, Inc. 26-22: Municipal Order Awarding Bid for Mowing of Group A1 City Properties to Knight’s Landscaping of Henderson, Kentucky 27-22: Municipal Order Awarding Bid for Mowing of City Parks and Other Properties (Group A2) to Unlimited Lawncare & Landscaping LLC of Henderson, Kentucky  53 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 Motion by Commissioner Vowels, 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 Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 12, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 08-22: SECOND READ ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION AN 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 CHAPTER 2 ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- 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: April 12, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 09-22: FIRST READ ORDINANCE AMENDING ZONING – RVs AND RV COMMUNITIES MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- 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. ________________________ 54 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 MUNICIPAL ORDER NO. 28-22: MUNICIPAL ORDER AMENDING MUNICIPAL ORDER 33-21 AWARDING BID IN THE AMOUNT OF $129,900.00 FOR A THREE (3) BEDROOM/TWO (2) BATHROOM MANUFACTURED HOME LOCATED AT 217 MEADOW STREET TO INCLUDE ADDITIONAL COSTS AND INCREASE TOTAL PURCHASE AMOUNT TO $143,046.50 MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to amend Municipal Order 33-21 awarding bid in the amount of $129,900.00 for a three bedroom/two bathroom manufactured home at 217 Meadow Street to include additional costs and increase the total purchase amount to $143,046.50. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- 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: April 12, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 29-22: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF A NATURAL GAS FILTER SYSTEM TO PARKER HANNIFIN CORPORATION OF MINERAL WELLS, TEXAS, IN THE AMOUNT OF $56,553.00 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, authorizing award of bid for the purchase of a natural gas filter system to Parker Hannifin Corporation of Mineral Wells, Texas, in the amount of $56,553.00, in strict accordance with their bid as submitted pursuant to Bid Reference 22-09. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- 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: April 12, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 30-22: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF NATURAL GAS LINE PIPE TO EDGEN MURRAY CORPORATION OF BATON ROUGE, LOUISIANA, IN THE AMOUNT OF $720,948.80 MOTION by Commissioner Thomas, seconded by Commissioner Vowels, authorizing award of bid for the purchase of natural gas line pipe to Edgen Murray Corporation of Baton  55 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 Rouge, Louisiana, in the amount of $720,948.80, in strict accordance with their bid as submitted pursuant to Bid Reference 22-14. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- 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: April 12, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that there was need for a work session next Tuesday relating to utility PILOT payments. ________________________ DYLAN WARD, Project Manager, and DONNA STINNETT, Community Relations Manager/Public Information Officer, reported that the City had received notice of award of a $200,000.00 grant for the Sports Complex. ________________________ THERESA RICHEY, Legal Secretary, reported on the draft estimated expenses relating to the Entertainment Destination Center. She further reported that the tennis court area had now been included in the Center boundary. ________________________ MISCELLANEOUS: “Ordinance Review – Schedule A of Article XXVII, Schedule of Regulations: DAWN KELSEY, City Attorney, requested that Zoning Schedule A of Article XXVII, Schedule of Regulations be forwarded to the Henderson/Henderson County Planning Commission for review and recommendation to clarify a scrivener error in the side yard minimum setback in R-4 to include 1 and 2-story structures as 8-feet, 3-story structures as 10- feet, and 4 or more story structures as 12-feet. MOTION by Commissioner Staton, seconded by Commissioner Thomas, approving forwarding this amendment to the Zoning Ordinance Schedule A of Article XXVII for this requested change to the Planning Commission for review Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: ________________________ COMMISSIONER’S REPORTS: COMMISSIONER VOWELS congratulated Mayor Austin on receiving the Heart of Downtown Award at the annual Chamber Dinner. ________________________ 56 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 COMMISSIONER PRUITT thanked fellow Board members for the official support of the Ukrainian people. ________________________ COMMISSIONER STATON indicated that in 2017 with the vacancy in the Assistant City Manager position and the completion of the Riverfront Development projects it was determined to eliminate the position. With all the current major projects including Pratt and associated utility projects; I-69 and associated utility projects; and the Sports Complex, it may be time to consider reinstating the position. These large-involved projects require a great deal of the city manager’s time and energy and would support succession planning. Mayor Austin polled the Commissioners, with all in agreement to have the position added back into the budget and pay plan for the fiscal year 2023 budget. ________________________ EXECUTIVE SESSION: “Litigation and Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(c) for the purpose of discussions of threatened litigation against the City and of KRS 61.610(1)(b) for discussion of the proposed purchase of property in the vicinity of US 41 North, US 60 East and Barrett Boulevard. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ------ Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye:  57 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 12, 2022 Commissioner Pruitt ------ Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:30 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 13, 2022 ______________________ Maree Collins, CKMC City Clerk