154 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 08, 2017, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Father Anthony Shonis, Associate Pastor, Holy Name of Jesus Catholic Church, followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg Commissioner Bradley S. Staton Commissioner Austin P. Vowels ABSENT: Commissioner Robert N. Pruitt, Sr. ALSO PRESENT: Mr. Russell R. Sights, 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. Ray Nix, Code Administrator Mr. John Stroud, Code Enforcement Officer Mr. Greg Nunn, IT Director Mr. Brian Williams, Public Works Director Mr. Owen Reeves, Gas System Director Mr. Scott Foreman, Fire Chief Mrs. Connie Galloway, Human Resource Director Ms. Kay Mulligan, Revenue Supervisor Mr. Terry Stone, Municipal Facilities Superintendent Mr. Joe Padilla, Gas Department Mr. Ron Craddock, Public Works Department Mr. Tom Williams, HWU General Manager Mr. Todd Bowley, HWU Chief Financial Officer Ms. Angela Hagedorn, Humane Society of Henderson County Executive Director Father Anthony Shonis, Associate Pastor, Holy Name of Jesus Catholic Church Ms. Erin Schmitt, the Gleaner MAYOR AUSTIN reminded everyone that the City s cable channel 7 on Charter/Spectrum would be moving to channel 200 on August 22 nd. APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: July 18, 2017, Work Session July 25, 2017, Regular Meeting Motion by Commissioner Bugg, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented.
155 Record of Minutes of A regular Meeting on August 08, 2017 WHEREUPON, Mayor Austin declared the consent agenda items approved. Maree Collins, City Clerk ORDINANCE NO. 43-17: SECOND READ ORDINANCE AMENDING ADOPTION OF NATIONAL FUEL GAS CODE AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VII, FUEL GAS CODE, SECTION 7-221, ADOPTION OF NATIONAL FUEL GAS CODE TO ALLOW CORRUGATED STAINLESS STEEL TUBING THAT MEET CRITERIA OF ANSI LC 1 AND ICC-ES PMG LC1027 MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk ORDINANCE NO. 44-17: SECOND READ ORDINANCE RELATED TO BUILDINGS AND BUILDING REGULATIONS AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, BY AMENDING SECTION 7-16, ADOPTION OF KENTUCKY BUILDING CODE; SECTION 7-17, DESIGNATION OF CODES ADMINISTRATOR AS LOCAL ENFORCEMENT AGENCY; SECTION 7-19, PERMITS; FEES; AND SECTION 7-137, APPLICATION OF PLUMBING CODE INSPECTION; AND REPEALING SECTION 7-20, FIRE LIMITS DESIGNATE; SECTION 7-21, CABO ONE AND TWO FAMILY DWELLING CODE ADOPTED; AND SECTION 7-136, ADOPTION OF STATE PLUMBING CODE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Vowels, seconded by Commissioner Bugg, that the ordinance be adopted.
156 WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Maree Collins, City Clerk APPEARANCE OF CITIZENS: JOE PADILLA, Gas department, asked how the proposed separation of the County Employee Retirement System from the Kentucky Retirement System would affect City employee retirement benefits. He was concerned that he and others might lose purchased time or years of service or that the tiers and other benefits might be affected. MAYOR AUSTIN assured him that the Kentucky League of Cities has proposed only to remove the CERS from the KRS and no other changes. However, he would have staff investigate and keep him apprised. RUSSELL R. SIGHTS, City Manager, explained that these were the changes reflecting the discussion of the Code of Ordinance review at a previous meeting. DAWN KELSEY, City Attorney, indicated that Ms. Angela Hagedorn, Humane Society Executive Director was instrumental in assisting with this review and that her comments were incorporated in these changes. ORDINANCE NO. 45-17: FIRST READ ORDINANCE RELATING TO ANIMALS AN ORDINANCE AMENDING CHAPTER 6, ANIMALS, SECTION 6-6, USE OF LIVE ANIMALS FOR PRIZES, AWARDS OR GAMING PROHIBITED, SUBSECTION G; SECTION 6-7, DOGS AND ANIMALS PROHIBITED FROM AREAS OF SPECIAL COMMUNITY EVENTS, SUBSECTION B; SECTION 6-25, IMPOUNDMENT, SUBSECTIONS A, B AND C; AND SECTION 6-26, ANIMAL SHELTER; WARDENS OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. 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. 46-17: FIRST READ ORDINANCE PERTAINING TO CODE ENFORCEMENT FINES AN ORDINANCE AMENDING CODE ENFORCEMENT ORDINANCE FINE SCHEDULE MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted.
157 Record of Minutes of A regular Meeting on August 08, 2017 DAWN KELSEY, City Attorney, indicated that the current ordinance relating to weed violations sets the fines at $10.00 for the 1 st offense, $25.00 for the 2 nd offense, and $50.00 for each subsequent offense; and contested fines at $25.00-1 st offense, $150.00-2 nd offense, and $250.00 for each subsequent offense. Most of the properties currently being abated are less than one-half acre and cost the City between $15.00 and $30.00 to mow. These fines do not take into consideration the cost to abate larger properties. Mr. Chris Raymer, GIS Coordinator, provided a map with all of the parcels that are larger than one acre. Mr. Ray Nix, Code Administrator, and Mr. John Stroud, Code Enforcement Officer, researched and found that it would cost $65.00 per hour for bush hogging these larger parcels. Ms. Kelsey indicated that, it was soon evident that a property owner could pay a $50.00 fine and there is really not much we could do except abate the property. RUSSELL R. SIGHTS, City Manager, indicated that we would want an incentive for the property owner to mow the property; sometimes property owners know that the City will abate the property and put a lien on their property and that is not a good alternative. DISCUSSION WAS HELD regarding the costs to abate properties; the fine amount for a 150 acre property would be $1,000.00 for the 1 st offense in addition to the cost of abatement; complaints on a particular large parcel that would be affected by these changes; and details of the process from Notice of Violation to Citation. 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. RESOLUTION 37-17: RESOLUTION SUPPORTING SEPARATION OF THE COUNTY EMPLOYEES RETIREMENT SYSTEM FROM THE KENTUCKY RETIREMENT SYSTEMS MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the resolution supporting the separation of the County Employees Retirement System from the Kentucky Retirement Systems. COMMISSIONER STATON stated that this is just a resolution of support for the separation and that it doesn t mandate that anything is done until we get certain approvals. MAYOR AUSTIN stated that the Kentucky League of Cities is working on this with the Kentucky Legislature and they have asked cities around the state to support their efforts on this for all of the reasons that have been outlined. The Legislature in Frankfort would have to make this change and the Governor would have to sign it before it becomes effective. COMMISSIONER VOWELS asked the City Attorney to keep him apprised of the changes relating to our employees. DAWN KELSEY, City Attorney, indicated that she would send the Board members the proposal as presented by the Kentucky League of Cities to the Legislature.
158 WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk MUNICIPAL ORDER 34-17: MUNICIPAL ORDER APPROVING PURCHASE OF ADD-ON MODULE FOR THE CODES DEPARTMENT FROM TYLER TECHNOLOGIES OF TROY, MICHIGAN IN THE AMOUNT OF $29,601.00 MOTION by Commissioner Staton, seconded by Commissioner Bugg, to approve the purchase of a MyInspection add-on module from Tyler Technologies for Code Enforcement division use in the amount of $29,601.00. RUSSELL R. SIGHTS, City Manager, indicated that with the New World/Tyler Technologies software upgrade came the opportunity to implement an add-on module for the Code Enforcement division that would allow them to move away from a paper trail while working in the field as requested by this Commission as well as previous Commissions. RAY NIX, Code Administrator, reported that the use of this Apple ipad app would allow the streamlining of the process and cut down on redundancy of efforts while working away from the office. GREG NUNN, Information Technology Director, indicated that the MyInspections app runs on the MyCommunity database mobile platform and will allow the entry of photographs and notes in real time from field assessments so that staff in the office will have access within seconds of it being entered. DISCUSSION WAS HELD relating to if there were any other apps that were explored other than this one; that this one fit the timeline while upgrading from AS400 platform to a.net platform without greater additional expense if done later; the $2,400.00 annual maintenance fee which is in addition to the current approximate $63,000.00 annual maintenance fee; and if there was a limit to the number of users/licenses for this app-it is unlimited. WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk
159 Record of Minutes of A regular Meeting on August 08, 2017 MUNICIPAL ORDER 35-17: MUNICIPAL ORDER ACCEPTING QUOTE FROM HASTINGS AIR ENERGY CONTROL, INC., NEW BERLIN, WISCONSIN, FOR THE PURCHASE OF PLYMOVENT IN THE AMOUNT OF $23,866.44 MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order accepting the quote from Hastings Air Energy Control, Inc. for the purchase of a Plymovent Vehicle Exhaust Extraction System upgrade and repairs for fire stations 1, 2, and 4 in the amount of $23,866.44. SCOTT FOREMAN, Fire Chief, reported that this is an exhaust capturing system for the vehicles when they start up and when they back into the stations. Every station currently has a Plymovent System in it; however, three of the stations have the older outdated system that uses pneumatic grips. The big problem with the pneumatic grips is that the hot exhaust melts the air lines causing constant maintenance issues. Station 3 currently has a newer system using magnetic grips that work much better with less maintenance issues. In addition to changing to the magnetic grips, this upgrade will reroute some of the track systems to better accommodate newer vehicles. WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk MUNICIPAL ORDER 36-17: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF UNIFORMS TO CINTAS CORPORATION OF EVANSVILLE, INDIANA IN THE AMOUNT OF $15,243.00 RUSSELL R. SIGHTS, City Manager, reported that this is a straight low bid purchase of uniforms for various departments with recommendation to award the contract to Cintas as the low bidder. MOTION by Commissioner Bugg, seconded by Commissioner Vowels, to adopt the municipal order awarding Bid Reference 17-18 for uniforms for various departments to Cintas Corporation in the amount of $15,243.00. WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk
160 MUNICIPAL ORDER 37-17: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF TWO (2) TWENTY (20) TON AIR CONDITIONING UNITS FOR THE MUNICIPAL SERVICE CENTER TO T & G HEATING AND AIR CONDITIONING, HENDERSON KENTUCKY IN THE AMOUNT OF $34,200.00 RUSSELL R. SIGHTS, City Manager, indicated that these two units will air condition the City Garage section of the new Municipal Service Center which is the only section of the building not air conditioned. Two years ago when the original remodel/restoration of the building was discussed it was determined to add this into a later budget after the original contract was complete. Four vendors were notified of the bid with two submitting competitive bids. The estimate in the budget was a much greater dollar amount to accommodate the structural reinforcement that would be necessary to install the units from the ceiling. Mr. Stone will detail the difference in the pricing for the ceiling and floor mounted units. TERRY STONE, Municipal Facilities Superintendent, explained that the budget was prepared to include engineering reinforcement for hanging the units from the ceiling for space allocation. In talking with our HVAC technician and some of the vendors, it was discovered that a lot of industries just set the unit on the floor out in the open room without much ductwork required. This turned out to be about $40,000.00 less than the estimates to reinforce for ceiling mounted installation. Mr. Stone indicated that he visited several locations that have the floor units installed and that City Garage staff reviewed the plans for space allocation before making this recommendation. MOTION by Commissioner Staton, seconded by Commissioner Bugg, to adopt the municipal order awarding Bid Reference 17-20 for the purchase of two 20-ton air conditioning units for the Municipal Service Center Fleet Garage Air Conditioning Project to T & G Heating and Air Conditioning in the amount of $34,200.00. WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk MUNICIPAL ORDER 38-17: MUNICIPAL ORDER AWARDING BID TO CONTRACT LOCATING SERVICES FOR THE GAS DEPARTMENT TO RUSSMAR UTILITY MANAGEMENT OF RICHMOND, KENTUCKY FOR A TOTAL ESTIMATED AMOUNT OF $45,640.00. OWEN REEVES, Gas System Director, indicated that his department is self-sufficient; however, employee benefits continue to rise while some contracted services go down. This is one of those outside services that we have been monitoring for the past year or so. This became more advantageous when a crew worker position was vacated. Three vendors submitted bids which are approximately $20,000.00 to $25,000.00 per year less than our benefits and costs just for the employee, not including the equipment and vehicle. There are specific 811 Call Before You Dig requirements that will be monitored over the course of this one year contract that begins September 1 st.
161 Record of Minutes of A regular Meeting on August 08, 2017 MOTION by Commissioner Vowels, seconded by Commissioner Staton, to adopt the municipal order awarding Bid Reference 17-16 for utility locating services for the Gas department to RussMar Utility Management of Richmond, Kentucky in the estimated amount of $45,640.00. This is an open requirement order to acquire commodities of an indeterminate amount and type at the lowest cost. MAYOR AUSTIN asked if there were any concerns about the company being out of Richmond Kentucky or if they have a local branch office? OWEN REEVES, Gas System Director, indicated that they would have people in this area that they would be using and that he has met with the owner and staff. He reported that while this is something new to them, they have performed work on the US60 expansion and have done construction work for the City. He continued that he is comfortable that they know their business, they are familiar with gas distribution and are aware of the 811 requirements. RUSSELL R. SIGHTS, City Manager, said that the crew worker position that is currently vacant will remain vacant for the duration of this contract and that if it is determined to enter into another contract for these services, one crew worker position will be eliminated from the roster. DISCUSSION WAS HELD relating to the experience and location of the other vendors; the 811 time and standards requirements; that the response would not be coming out of the Richmond office, but from someone living in this area; that the City would still have the capability of completing a locate if an emergency or other circumstance arose; and that the anticipated savings is based on approximately 3000 regular locates and 200 emergency locates and could be either a little more or a little less depending on the actual number of locates. WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Maree Collins, City Clerk CITY ATTORNEY REPORT: DAWN KELSEY, City Attorney, stated that she wanted to make sure that everyone understands that the City doesn t have any control over the retirement system and that the resolution that was passed this evening was to show support of KLC s work to try to pass legislation to separate CERS and KRS. REVIEW AND DISCUSSION OF THE CODE OF ORDINANCES: Chapters 11; 11.5; and 23-Articles I and II DAWN KELSEY, City Attorney, gave a brief review of the various staff recommended revisions. Recommended revisions for Chapter 11 Community Development Article II Urban Renewal and Community Development Agency, Sections 11-16, Created, 11-17, Appointment and 11-18, Responsibility delete in its entirety as this agency is no longer necessary and has not been active since the early 1990s. HUD has been contacted and confirmed that this can be deleted as long as a resolution appointing authority for grant execution is adopted
162 in its place. No changes are needed for Article III-Housing Authority. Chapter 11.5 Farmer s Markets-the entire chapter can be deleted as the Green River Valley Farmers Market has not been in existence since around 2000. TOM WILLIAMS, Henderson Water Utility General Manager, gave a brief review of the history and various staff recommended revisions to Chapter 23 Utilities, Article II-Water and Sewer Service Division 1. Generally, Section 23-20, Administrative Functions-current deposit is 1/6 th of the most recent 12 month charges for water-requesting the addition of wastewater with a minimum deposit of $40.00; Section 23-21, Charges within the city limits-removing the stormwater charge on irrigation uses, temporary water service, and for wastewater service onlynew definition of Stormwater charges to reflect flat rate per month based on meter size-reflect that wastewater service shall be provided to city facilities without charge; Section 23-23, Establishment of other rates, fees and charges-change annually to periodically for review of fees and charges and add language to match practice of the addition of 15% administrative costs for making repairs or replacing damaged facilities; Section 23-24, Reporting requirements-change quarterly to periodic and five-year master plan to strategic plan; Division 2 Sewer Use Regulations, Section 23-27, Use of public sewers-no changes; Division 2A. Storm Water Utility, Section 23-35.5, Storm Water Fees-Section 35.8, Storm water management fund-section 23-35.9, Appeals delete all three of those sections as there is no longer a Storm Water Utility; Division 3. Water and Sewer Commission, Section 23-43, Employment of General Manager, director of engineering and employees-delete director of engineering and add management to the title, delete director of engineering and add director of field operations in the text to reflect those employees not covered by Civil Service; add a new section, Section 23-45.2, Procurement powers of the water and sewer commission-add language to reflect that HWU follows the City s policy and adopted the model procurement code; and Division 4. Water Supply Shortage Response, Section 23-45.11, Declaration of Water Supply Shortage; Rationing-no changes to this KDOW required section and we hope to never invoke this section. CITY MANAGER S REPORT: Planning Commission Rezoning Recommendations: #1073, 626 & 630 Fifth Street and #1076, adjacent to 540 Fair Street RUSSELL R. SIGHTS, City Manager, reported that the Planning Commission has acted upon these requests for rezoning of these two properties after conducting a public hearing and producing findings of fact at their August 1, 2017 meeting. These Zoning Map Amendments shall be final and the property officially rezoned from R-3 Inner City Residential to GB General Business with limited uses and R-4 High Density Multi-Family Residential to R-5 Urban Single Family Residential, respectively, on Wednesday, August 23, 2017 unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is Tuesday, August 22, 2017. RUSSELL R. SIGHTS, City Manager, reported that a request from Finance Director Robert Gunter for an additional position in the Collections area has been received and that he would have Mr. Gunter present the request. ROBERT GUNTER, Finance Director, indicated that he like everyone else hates standing in lines or not being able to get someone on the phone. He stated that we have had a lot of trouble attracting and retaining representatives in the collections area and since April we have lost four of them. Currently we have a lot of new employees and they are struggling to learn all of the duties involved. It just so happened that the day we received this last complaint was the second day of two new employees and they were reading training manuals and going through software screens, so they really weren t able to help this customer that had to wait several, several minutes. Mr. Gunter stated that he was sorry for that and sorry that you get those
163 Record of Minutes of A regular Meeting on August 08, 2017 complaints. It was the perfect storm with a lot of customers on a due date and two new employees that were unable to assist customers. MAYOR AUSTIN suggested to the Commissioners that since there are several new employees in training and that supervisory staff is looking at opportunities to review various processes, that this request be tabled for the time being. DISCUSSION WAS HELD relating to the number and dates of current due dates with four residential wards with due dates of 4 th, 11 th, 18 th and 25 th and one commercial with due date of the last day of each month; added online payment; customer can receive their bills electronically; that the adding of staff members is serious consideration because of the expense; salary plus benefits exceeds $50,000.00 for each of these positions; Commissioner Staton did a little online research and created a list of possible options that the City could implement to increase efficiency; handling more processes online including-form for utility disputes; start, transfer and disconnect services-start, stop or change automatic payments; detailed information regarding billing questions and bill line item descriptions; more signage explaining electronic bill payment; better scheduling of part-time employees for increased coverage during due dates and cut-off dates; other things that were implemented in the past that did not work; the number of complaints from new home buyers regarding the utility process; and the concerns and issues that some people will try to use other peoples names to sign up for services because they have unpaid closed accounts. Consensus was reached to table the request for an additional staff member for the Collections area and to continue to look for more online opportunities to better serve the customers of Henderson. COMMISSIONERS REPORT: COMMISSIONER BUGG reported that she attended the two hour Community Drug Forum hosted by Kentucky Attorney General Andy Beshear on August 1 st and that she learned a lot. She further reported that Chief Stauffer continues to work on details for the Angel Initiative Program and is currently recruiting someone at the Police Department to head-up the program. COMMISSIONER VOWELS indicated that he and Commissioner Staton have been working with the Downtown Henderson Partnership and Kyndle relating to proposed changes to the parking in downtown and they would be ready for presentation at the September 26 th meeting for discussion and review. MAYOR AUSTIN reminded everyone of the upcoming upgrade to the Spectrum cable system on August 22 nd and that as part of those changes, the City s cable channel 7 will be moving to channel 200. EXECUTIVE SESSION: Real Estate MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(b)for the purpose of deliberation on the possible future purchase of real estate in the vicinity of Letcher, Helm and Washington Streets in that publicity would likely affect the value of the specific piece of property to be acquired for public use.
164 MEETING RECONVENED: MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, the Board of Commissioners reconvened in regular session. MEETING ADJOURN: the meeting. MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to adjourn WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:10 p.m. ATTEST: August 22, 2017 Maree Collins, City Clerk