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A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 27, 2015, 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 Dr. Marcus Daly, Zion Baptist Church, followed by Mayor Steve Austin leading the assemblage in recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner X R. Royster, III Robert M. (Robby) Mills Commissioner Jesse Johnston, IV ALSO PRESENT: Mr. Russell R. Sights, City Manager Mr. William L. Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mr. Danny Froehlich, Fire Chief Mr. Robert Gunter, Finance Director Mr. Paul Titzer, Assistant City Manager Ms. Lindley Harmon, Gas System Analyst Mr. Charles H. Stauffer, Police Chief Mr. David Piller, Police Administrative Major Mr. Curt Freese, Executive Director, City-County Planning Commission Mr. Tom Williams, HWU General Manager Mr. Brad Schneider, Kyndle CEO Ms. Julie Wischer, Henderson County Schools Public Relations Information Officer Mr. Robert Pruitt Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PRESENTATIONS: MR. BRAD SCHNEIDER, KYNDLE CEO, stated that he has been contacted by a person that was interested in opening a craft distillery or micro-brewery in downtown Henderson. He added that craft distillery or micro-brewery is not addressed in the Zoning Ordinance. He asked that Article 20 of the city’s zoning ordinance be amended to allow craft distilleries or micro-breweries be allowed as a conditional use in the Central Business District. MOTION by Commissioner Mills, seconded by Commissioner Hite recommended to the Planning Commission to consider a text amendment to the zoning ordinance allowing craft distilleries and micro-breweries be admitted to the Central Business District as a conditional use. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

MR. DEWAYNE BUCHANAN, PLAYER’S GOLF COURSE FOOD MANAGER, requested that the City allow Sunday beer sales at Player’s Golf Course. He added that the

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course was at a competitive disadvantage because he was trying to draw golfers from the TriState area and some Evansville players come to play in the morning and they want a beverage at the turn and he has to tell them that they have to wait until 1 p.m. He felt that they just don’t come back. He is asking for Sunday beer sales. Mayor Austin explained that this would have to be an amendment to our ordinance. Commissioner Mills asked that a poll of the golf courses in Henderson County be taken to see what their practices are. MR. DARREN WHITESIDES, OWNER, RIVER BEND FOOD FACTORY, that he too was aware that the state had changed the requirement of a seating capacity of 100 to 50. He also explained the law requiring alcohol sales to begin at 1 p.m. An example would be a person would come to a restaurant to watch a ballgame that started at noon and they would have to wait until 1 p.m. to order a drink. They might go to a neighboring city that does not have that noon restriction. He felt that this was not a level playing field for his business. Commissioner Mills asked how many establishments would fall in the same category as Mr. Whitesides. Mr. David Piller, Administrative Major, Henderson Police Department, added that we currently have 20 businesses that would qualify as restaurants that would currently, as the ordinance written, may or may not be able to have a Sunday sales. There are 10 license holders who do currently have Sunday sales. Mayor Austin explained that a consensus could be taken and instruct the City Attorney to prepare an amended ordinance and we could bring the amended ordinance back for a vote. ROBERT PRUITT stated that he wanted to caution the Commission to go slow and tread lightly when it comes to advancing alcohol sales. COMMISSIONER MILLS said that he was OK with drafting an ordinance and Commissioner Hite stated that she would like to see more statistics like how many businesses would be affected by earlier sales of alcohol as well as the state lowering the seating capacity from 100 to 50. Major Piller said that he would check his original survey and report to staff. Mayor Austin agreed to revisit these ideas on the February 24th Board of Commissioners meeting. _____________________________ CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes:

January 13, 2015, Called Organizational Meeting January 13, 2015, Regular Meeting January 16, 2015, Called Meeting

Resolution No. 18-15: Resolution Approving Agreement Between the Henderson City/County Rescue Squad, the County of Henderson, and Henderson Emergency Management MOTION by Commissioner Royster, seconded by Commissioner Johnston, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

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ORDINANCE NO. 01-15: SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE REGULATIONS OF THE CITY OF HENDERSON BY ADDING SECTION 4.16, VARIANCES AND CONDITIONAL USE PERMITS BY PLANNING COMMISSION-LIMITED TO ARTICLE IV, GENERAL PROVISIONS MOTION by Commissioner Mills, seconded by Commissioner Royster, to amend the Zoning Regulations by adding a new Section 4.16 Variances and Conditional Use Permits by Planning Commission-Limited. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. s/s Steve Austin Steve Austin, Mayor January 27, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 02-15: SECOND READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT U.S. HWY 41N AND RACETRACK ROAD MOTION by Commissioner Mills, seconded by Commissioner Hite, to accept public improvements for Racetrack Road. The vote was called. On roll call, the vote stood: Commissioner Hite -----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. s/s Steve Austin Steve Austin, Mayor January 27, 2015 ATTEST: Carolyn Williams, City Clerk ____________________________ RESOLUTION NO. 19-15 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM THE U.S. DEPARTMENT OF TRANSPORTATION, PIPELINES AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION UNDER THE TECHNICAL ASSISTANCE GRANT (TAG)

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2014, IN THE AMOUNT OF $49,875.00 TO PAY FOR THE CONVERSION OF THE DATA SYSTEM OF HENDERSON MUNICIPAL GAS (HMG) MOTION by Commissioner Hite, seconded by Commissioner Royster, authorizing the acceptance of $49,875 in grant funds from the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration under the Technical Assistance Grant (TAG) 2014, for conversion of Henderson Municipal Gas data system information and improved mapping accuracy. MS. LINDLEY HARMON, GAS SYSTEM ANALYST, explained that right now our data is stored two different formats; one is an AutoCad format and the other is GIS. The Gas Department would have the company come in and convert everything into GIS. A GPS unit will also be purchased in conjunction with the grant. The vote was called. On roll call, the vote stood: Commissioner Hite ------------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ________________________________ RESOLUTION NO. 20-15 RESOLUTION DECLARING PROPERTY LOCATED AT 1730, 1732, AND 1734 ROOSEVELT STREET AS SURPLUS PROPERTY WHICH SHALL BE SOLD BY SEALED BIDS MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution to declare property located at 1730, 1732, and 1734 Roosevelt Street as surplus property to be sold by sealed bids. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ________________________________ RESOLUTION NO. 21-15 RESOLUTION DECLARING THE OFFICIAL INTENT OF RESOLUTION OF THE CITY OF HENDERSON, KENTUCKY, WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution relating to the financing of capital expenditures to be made from subsequent borrowings.

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MRS. DAWN KELSEY, CITY ATTORNEY, stated that the City will have a bond issue later this year so if we would like to spend any money on either of the projects that the bonds will cover, then any money we would spend prior to the bonds being issued would be reimbursed from the bond proceeds The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ___________________________ RESOLUTION NO. 22-15 RESOLUTION AWARDING BIDS FOR PURCHASE OF LIMESTONE ROCK, SAND AND RECYCLED CONCRETE, GROUP A TO MULZER CRUSHED STONE, INC., TELL CITY, INDIANA, GROUP B TO HUNTER SAND AND GRAVEL, LLC., AND GROUP C TO HAZEX CONSTRUCTION COMPANY, HENDERSON, KY MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract for limestone rock (Group A) to Mulzer Crushed Stone, Inc., Tell City, Indiana; award of contract sand (Group B) to Hunter Sand & Gravel, Henderson; and award of recycled concrete (Group C) to Hazex Construction, Henderson. The estimated value of the contracts is $112,110.00 – yard price and $143,715.00 - delivered for Group A; $18,750.000 – yard price and $26,7000.00 – delivered for Group B; and $2,200.00 – yard price and $2,880.00 – delivered for Group C. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ________________________________ RESOLUTION NO. 23-15 RESOLUTION AWARDING BID FOR PURCHASE OF ASPHALT PAVING AND RELATED STREET MAINTENANCE SERVICES TO J. H. RUDOLPH & CO., INC,, OF EVANSVILLE, INDIANA MOTION by Commissioner Hite, seconded by Commissioner Mills, to adopt the resolution authorizing the award of a contract to J. H. Rudolph & Company, Inc., Evansville, Indiana, for the purchase of asphalt and related street maintenance services in accordance with their low bid price.

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The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ____________________________ RESOLUTION NO. 24-15 RESOLUTION AWARDING BID FOR PURCHASE OF CONCRETE LABOR TO RIVERTOWN CONSTRUCTION, LLC, OR NEWBURGH, INDIANA MOTION by Commissioner Hite, seconded by Commissioner Royster, to adopt the resolution awarding bid for purchase of concrete labor to Rivertown Construction, LLC, Newburgh, Indiana, for furnishing of labor services for various repairs to concrete streets and sidewalks. The estimated value of the contract is $209,000.00 COMMISSIONER MILLS recalled that the City had some issues regarding service with this vendor before. MR. RUSSELL R. SIGHTS, CITY MANAGER, explained, “to be fair to Rivertown, we probably didn’t do the best job that we should have done on planning for the work in advance. We ran some of the work that they were scheduled to do for us right down to the end of the season and they had some other contracts that were in the same situations. We think we can do a better job by scheduling earlier in the season. That being said, this is only a recommendation, so if the Board wants to award this to someone else based on what I’ve told you, that’s fine with us.” Commissioner Mills added that he did not want to micromanage this and if they are aware of our service requirements, then stay with the low bid. Mr. William L. Newman, Jr. said “One thing they will have is a performance bond and if they do not respond, then we will call their performance bond.” The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. ________________________________ CITY MANAGER’S REPORT: MR. RUSSELL R. SIGHTS, CITY MANAGER, said that the Public Works Director Selection Committee has met and made a decision to proceed with advertising for filling the position of Public Works Director. They are asking that the Selection Committee be expanded to add two voting members, one being the Acting Public Works Director now, provided that he does not apply for the position. The second would be a “rank and file person” in the department to be chosen jointly by the Human Resources Director and the Assistant City Manager. The three remaining Supervisors in the department would have the opportunity to interview and discuss the position with the top three applicants, if there are three chosen by the Committee. Feedback then would go through the Acting Public Works Director than back to the Committee to get as much feedback information and “buy in” as we can prior to the Committee making a

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recommendation to the City Manager and he in turn would give it to the Board of Commissioners. MOTION by Commissioner Royster, seconded by Commissioner Mills, to authorize the addition of the Acting Public Works Director and the “rank and file” person chosen by the Human Resources Director and the Assistant City Manager, to be added to the Public Works Director Selection Committee. COMMISSIONER JOHNSTON asked why the idea of letting managers oversee each of their departments and not appoint a Public Works Director was discussed earlier and now we are going back to the old way? MR. SIGHTS replied “there was a long discussion regarding the pros and cons of one director or several managers to oversee the Public Works operation. We went through the history and the best we could remember was that cities had a Public Works Director, at least since 1964. There were a couple of times, just of a vacancy that the City Engineer took over and ran the Public Works Department until a new director was appointed. The more we thought about it, we were a little concerned that maybe we were making the wrong move. It started out that we were trying to be frugal and then we started looking at it and with no more money that it would save, would it be best for the organization? It was strongly the consensus of the committee that we should have a Public Works Director. Commissioner Robert M. Mills agreed with Mr. Sights’ assessment of the decision. MOTION by Commissioner Mills, seconded by Commissioner Hite to approve the committee’s recommendation of hiring one person to manage the Public Works Department. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

MR. SIGHTS reminded the Board that the next meeting would be on February 17th to review the city’s 6 month financial report as well as recommendations on a revision to the JFK Center’s rent schedule and possibly two minor changes to our Golf course fees. _____________________________ COMMISSIONER HITE stated that she attended the Visioning debut last night and was really impressed by the amount of input from the public and approximately 130 people attended the gathering. __________________________________ COMMISSIONER MILLS said to be watching for an invitation that will include city government, education, and community joining for a exciting partnership. ________________________________ MAYOR AUSTIN announced that Habitat is having a house opening tomorrow afternoon at Lambert Street.

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January 27, 2015

MEETING ADJOURN: MOTION by Commissioner Hite, seconded by Commissioner Mills, to adjourn the Board of Commissioner’s meeting. The vote was called. On roll call, the vote stood: Commissioner Hite ----------------Commissioner Royster --------------Commissioner Mills -----------------Commissioner Johnston -------------Mayor Austin -------------------------

Aye: Aye: Aye: Aye: Aye:

WITHOUT OBJECTION Mayor Austin declared the meeting adjourned at approximately 6:21 p. m.

_______________________ Steve Austin, Mayor February 24, 2015

ATTEST:

____________________________ Carolyn Williams, City Clerk