Board of Commissioners Meetings

199 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 06, 2016, 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. Chuck Summers, First Christian Church followed by recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner Jesse Johnston, IV Commissioner Robert M. (Robby) Mills Commissioner X R. Royster, III ALSO PRESENT: Mr. Russell R. Sights, City Manager Ms. Dawn Kelsey City Attorney Ms. Maree Collins, City Clerk Mr. William L. Newman, Jr. Assistant City Manager Mrs. Donna Stinnett, Public Information Officer Mr. Robert Gunter, Finance Director Mr. Charles Stauffer, Police Chief Members of the HPD Mr. Trace Stevens, Parks & Recreation Director Mrs. Connie Galloway, Human Resources Director Mr. Scott Foreman, Fire Chief Mr. Matt McClanahan, Fire Driver/Engineer Mr. Chris Watson, Fire Lieutenant Mr. Brandon Lingerfelt, Firefighter Mr. Brian Buedel, Fire Driver/Engineer Mr. Nick Mangarella, Fire Driver/Engineer Mr. Jesse Martin, Fire Lieutenant, Local 2290 Union President Members of the HFD Mr. John Stroud, Acting Codes Administrator Mr. David Wright, Network Administrator Mr. Tom Williams, HWU General Manager Mr. Dale Naylor, Knight Township Foundation Ms. Tammy Foreman, Knight Township Foundation Mr. Chris Wathen, Knight Township Foundation Mr. Bruce Farmer, Henderson County Coroner Mr. Chris Winstead, Ambulance Service Director Mr. Brad Staton, City Commissioner Elect Mrs. Patti Bugg, City Commissioner Elect Mr. Austin Vowels, City Commissioner Elect Mr. Robert Pruitt, City Commissioner Elect Mr. Mike Richardson, Reserve Police Officer Ms. Brittany Ross, SurfKy Reporter Ms. Laura Acchiardo, the Gleaner News 14 ________________________ PRESENTATION: Knight Township Foundation Grant SCOTT FOREMAN, Fire Chief, indicated that the dive team, which consists of both police and fire department divers, has become a leader in public safety dive in this area. A main concern when diving is risk benefit and one way to increase safety is by using a surface supply 200 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 type system that allows a safer dive in case of entanglement or other hazards. Engineer McClanahan took it upon himself to look for options on how to fund a surface supply system and applied for this grant through the Knight Township Foundation. Chief Foreman then introduced Mr. Dale Naylor, Ms. Tammy Foreman and Mr. Chris Wathen with the Knight Township Foundation. DALE NAYLOR, Knight Township Foundation, briefly explained that in 2010 the Knight Township Fire department through some unforeseen and unfortunate circumstances had to go out of business. With the remaining assets they joined the Vanderburgh County Foundation Alliance and the Fire Department Board has been charged with distributing funds on a yearly basis to public safety agencies that needed help. The Board meets on a regular basis to review requests from not just Vanderburgh County, but also from the surrounding area. Mr. Naylor indicated that this year the Henderson dive team presented a request, and having been in the dive department as firefighters back when they were in business they know how important it is to have a surface supply system. The Board reviewed the application and decided to help fund this project with the presentation of this check for $35,501.00. MAYOR AUSTIN thanked Mr. Naylor and his Board and also thanked Chief Foreman and the fire department staff for their work on putting this together to make the dive team safer and more productive. ________________________ PRESENTATION: Kentucky Recreation and Parks Society Awards TRACE STEVENS, Parks and Recreation Director, indicated that the City of Henderson Parks & Recreation department was the recipient of two awards at this year’s annual Kentucky Recreation & Parks Society awards conference held on November 18th. The KRPS is a professional organization of recreation leaders and organizers from various communities, churches and other groups across the state which divides agencies into categories based on the number of full-time employees, three to 19 full-time employees is Class 3. The City of Henderson Parks & Recreation department was awarded Department of the Year in our class category and the second award was for the East End Park project, which won Facility of the Year against some pretty high caliber recreation projects. Mr. Stevens stated that the application indicated that ‘tiny little East End Park may not be the biggest, it may not be the most expensive, but it definitely is a project that has a lot to do with the City and it means the most to that community.’ Mr. Stevens then presented the plaques to the Mayor. MAYOR AUSTIN thanked Mr. Stevens and his staff for their hard work on this project and congratulated them on their accomplishment. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: November 22, 2016, Regular Meeting Resolutions: Resolution 59-16: Resolution Approving the Retaining of Hilliard Lyons, Louisville, Kentucky, to Provide Financial Advisor Services for Financing of Bonds for Improvements to the 911 Radio, CAD and Communications Operations, Renovation of a Public Works Facility, Property Acquisition for a New Fire Station, and Refinancing of Henderson Water Utility Bond Series 2006A, and City of Henderson 2007 General Obligation Bonds and Authorizing City Manager to Execute Agreement and All Related Documents Motion by Commissioner X R. Royster, seconded by Commissioner Robert M. Mills, to  201 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 06, 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 35-16: SECOND READ: ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN THE FINLEY ADDITION (ALONG U.S. HWY 41-A, SPRINGFIELD DRIVE, AND WINCHESTER ROAD) CONSISTING OF WASTEWATER SYSTEM IMPROVEMENTS MOTION by Commissioner Jan Hite, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 37-16: SECOND READ: ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED AT 2120 SOUTH GREEN STREET, IN HENDERSON COUNTY, CONTAINING 1.28 ACRES, MORE OR LESS, OWNED BY MARY ANNE GONNELLA, d/b/a PALMER OIL COMPANY MOTION by Commissioner X R. Royster, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: 202 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 38-16: SECOND READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING U.S. HWY 60 RIGHT-OF-WAY LOCATED AT 2120 SOUTH GREEN STREET, IN HENDERSON COUNTY, CONTAINING 0.034 ACRES, MORE OR LESS, OWNED BY THE KENTUCKY TRANSPORTATION CABINET (KYTC) MOTION by Commissioner Jan Hite, seconded by Commissioner X R. Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 36-16: SECOND READ ORDINANCE RELATING TO MERCHANTS USE OF SIDEWALK IN CENTRAL BUSINESS DISTRICT ORDINANCE ESTABLISHING SECTION 20-11, SALE OF MERCHANDISE ON SIDEWALK IN CENTRAL BUSINESS DISTRICT, OF ARTICLE I, IN GENERAL OF CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON PERMITTED TO BUSINESSES LOCATED IN THE CENTRAL BUSINESS DISTRICT MOTION by Commissioner X R. Royster, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye:  203 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 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: December 06 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 39-16: SECOND READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ ORDINANCE NO. 40-16: SECOND READ ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN ORDINANCE AMENDING JOB CLASSIFICATION AND PAY PLAN TO COMPLY WITH FEDERAL LABOR STANDARDS ACT (FLSA) BY MAINTAINING THE EXEMPT STATUS OF THE GOLF COURSE MANAGER AND INCREASING HIS ANNUAL SALARY TO THE THRESHOLD OF $47,476; AND CHANGING FOUR (4) POLICE LIEUTENANTS POSITIONS AND ONE (1) RECREATION FACILITIES SUPERVISOR POSITION TO NON-EXEMPT STATUS MOTION by Commissioner X R Royster, seconded by Mayor Steve Austin, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, indicated that as a result of the national injunction issued by the Federal Judge in Texas that this ordinance should be voted down at this time. Once a final ruling on the new FLSA regulations has been determined the proper action can then be taken. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Nay: Commissioner Hite -------- Nay: Commissioner Royster ---- Nay: Commissioner Mills ------- Nay: Mayor Austin --------------- Nay: WHEREUPON, Mayor Austin declared the ordinance denied on its second reading. ________________________ 204 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 ORDINANCE NO. 41-16: FIRST READ COMMISSIONER HITE, indicated that this pay plan separates the police department from the city employee pay plan as far as pay grade and creates steps. This had been a conversation for a while and once the attrition numbers were presented to her it became apparent that there really wasn’t any more time to wait. In the last five years the department has lost almost half of its officers or 29 out of a full complement of 61, which they haven’t had a full complement in the past ten years. It costs the department approximately $58,000.00 to train a replacement which has brought the cost to the city to replace these sworn officers to $1.68 million over the last five years. Ms. Hite stated, “this is something that I feel that the Board of Commissioners needs to address now.” The Plan is based after the Federal General Schedule Pay Rate with grades and steps and will add $106,000.00 to the General Fund through the end of Fiscal Year 2017. She further indicated that by providing incentives for officers to stay, it will reduce the money spent on training new officers. ORDINANCE NO. 41-16: ORDINANCE RELATING TO PAY PLAN ORDINANCE ADOPTING AMENDED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH RECLASSIFIES THE JOB CLASSIFICATION AND PAY PLAN FOR THE SWORN OFFICERS OF THE POLICE DEPARTMENT WITH EFFECTIVE DATE OF ORDINANCE OF DECEMBER 19, 2016 MOTION by Commissioner Jan Hite, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. COMMISSIONER ELECT ROBERT PRUITT indicated that he had been advocating pay increases for a long time and that salaries had been neglected a lot of years not just this year. He continued that he didn’t understand why this Commission decided not to vote on a water rate increase but then wanted to do this for only the Police department and not include the Fire department as well as review of the other City departments. COMMISSIONER HITE explained that this was the end of her fourth and final year. Commissioner Pruitt served six years prior to this current term and if he so desired to give a pay increase he had ample opportunity to do so. She continued that her intent with this plan was not to exclude any department, every department needs to be evaluated separately and fairly and that there does not need to be one lump pay plan that ends up with the exact same issue that we have right now under the current pay plan. The intent was to stop the bleeding, so to speak, at the Police department and their budget. The Fire department absolutely needs evaluation of their pay plan; however, the Police department lost half of their force in the last five years with only six of those being retirements. The Fire department lost 18 in the last five years with 12 of those being retirements. She indicated that one is not more deserved only that one must be addressed sooner rather than later. She went on to say that she hoped Commissioner Elect Pruitt would lead the new Commission to address each and every department within the City. Commissioner Elect Pruitt thanked her but wished that she would allow him to run with an overall plan in a few weeks. COMMISSIONER ELECT BRADLEY STATON indicated that he didn’t think that it mattered which Commission does what with whom but did ask the Commissioners to at least think about the effect on next year’s budget and the ripple effect this will have as the other departments are reviewed. This $180,000.00 could have an $800,000.00 to $1,000,000.00 effect on next year’s budget by setting this precedent into effect now. He agreed that the Police deserve their raise, this pay plan looks great, but he would like to see it as part of an overall plan for the entire city as part of next year’s budget instead of interrupting an existing budget with this particular pay raise. He reiterated that he is in favor of giving the Police department a raise, the attrition that they have experienced is just not acceptable and their labor pool is shrinking to a fraction of what it once was, but he asked the Commission to carefully consider how that is done and how it fits into an overall salary plan.  205 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 COMMISSIONER JOHNSTON agreed with Commissioner Hite that this is to fix an issue and not just giving a blanket raise. The Police department has been under budget for the last three or four years partly due to hiring issues and not being completely staffed. This is to make changes that are needed to fix the problem and get the Police department where they need to be and then the next Commission can start to look toward the other departments and make changes there. COMMISSIONER HITE commented that one of the things that will be addressed with this plan is that it solves the inherent pay inequality within the Police department. There will no longer be an officer in five years making the same as an officer that has been there nine years because it is based on time in rank and after a few years and once some of those anomalies either phase out or they promote up you won’t run into those issues anymore. This is a very comprehensive plan that solves the problem not just giving everybody a certain amount of money to bring them up to the Kentucky League of Cities Wage Study for the median rate for cities our size. She indicated that she thought the Fire department could use a plan like that also. COMMISSIONER ROYSTER indicated that before Robert Pruitt spoke his intention was to include the Fire department in this plan and ask Commissioner Hite to work with Chief Foreman on the same plan for them before the end of the year because he doesn’t think it is right to do Police without Fire. Commissioner Hite responded that she would gladly work with the Fire department to develop a plan. JESSE MARTIN, Fire Lieutenant, Local Union 2290 President, indicated that you can really say whatever you want to about this plan but ultimately what you are telling us by giving the Police department a raise over the Fire department is that a first year Police Officer is worth more than a first year Firefighter. He went on to say that police and fire go to a lot of the same emergencies together, but essentially you are telling the 60 guys at the Fire department that the Police department is worth more than they are. Fire department personnel do a lot more than just put out fires, we are also EMTs, Hazmat Techs, High Angle Techs, and a Dive Team which includes Police, but mostly the Fire department shoulders that burden. He indicated that he believes that this sets a dangerous precedent as far as separating the Police and Fire departments. He also indicated that the retention rate at the Fire department may start falling due to changes the state made to the retirement system, it has already started happening in other parts of the state, and we just had one leave to go to Bowling Green. COMMISSIONER HITE commented that it was not her intent to state that one department was worth more than another and that is in no way how she feels or how the city should operate. This simply was a measure to get the ball rolling on this and force the new commission to address the issue. If this passes tonight we will have done all of the heavy lifting and will have started something that needed to happen for a long time. She indicated that she is more than willing to meet with Chief Foreman again and devise a plan for the Fire department. COMMISSIONER MILLS indicated that in the sixteen years that he has been on the Board of Commissioners, probably the stickiest issue that has been dealt with was the pay plan. There is a reason that we have a pay plan that is equitable across all city employees and this plan that is being dealt with tonight is just the tip of the iceberg. Mr. Mills indicated that he thought Mr. Staton stated it very succinctly that the pay plan needs to be reevaluated. It is something that should be taken into consideration during the budget process. He stated that the City has borrowed a lot of money on the 911 System and those payments are going to start soon. He thinks it only fair to allow the new commission to look at this and evaluate it and weigh the cost benefits of what needs to be done versus the revenue that is coming in. He believes that this is something that needs more consideration and asked the following series of questions. Does the City continue with the pay plan model? What are other cities doing and are other cities actually stripping out hazardous duty versus non- hazardous duty? Do other cities have two pay plans and what is their success with that process? and What are the trends that are happening? He continued that he hoped that when the vote is called that many in the room have listened to what he said and don’t read into the vote that he is not for Police or not for Fire department. He is 206 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 thankful everyday that they get up and put their uniform on for our city, but really think that the next commission needs to look at this and weigh it with all of our other debt payments that are coming down the pike. COMMISSIONER ELECT ROBERT PRUITT again asked that something this serious be delayed until the new commission takes office. He also agreed with Commissioner Mills that an outgoing commission should not be effecting the budget like that even when the salary increases are warranted. COMMISSIONER HITE commented that she understands Commissioner Mills’ desire to provide a smooth transition to the new commission; however, she has full confidence in the majority of the new commission that is coming on for them to be able to perform their duties effectively, efficiently, fairly, and equitably. This may not be traditional, it may not be polite but that doesn’t mean that the right thing to do has to always meet those standards. Commissioner Royster just asked if I thought we could include the Fire department and do this by the end of the year. That would include another special called meeting to do a second reading if we were able to have this prepared and have first reading on the 12th. The Commission must decide if that is something that they want to do. That is something that she would be agreeable to if that is the only hang-up for some people in this room for not supporting this plan is that one is going to happen before the other one. CHIEF STAUFFER indicated that they are unique in that we spend 1,440 hours in training with 23 of those weeks at Richmond Kentucky University, so husbands/wives are away from their families for weeks at a time. He continued that it takes 14 months from the time someone is hired until they are on the streets. He further indicated that there aren’t many other occupations in the world that when you are not in uniform you are still known as that profession. COMMISSIONER ELECT AUSTIN VOWELS indicated that this is certainly something that the new commission will be evaluating not just the Police or the Fire department but all of the city departments. COMMISSIONER ELECT PATTI BUGG indicated that she had talked with police and fire personnel at their individual meetings and has said all along that she wants them to be at least in line with other cities that are of this same size. She continued that they should be assured that the new commission has their best interest at heart. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Nay: Mayor Austin --------------- Aye: MAYOR AUSTIN briefly explained his vote. He said, “I have always tried to support our emergency services and will continue to do so but I am somewhat conflicted on this particular proposal because of the impact on this year’s and coming years budgets and finances. Our budget and four month financial report this year, as we stand right now, is more challenging than it has been in the last five years, primarily because of payments required on bonding actions. However, the Police Chief has indicated that he can reduce his upcoming and future budgets in the range of $150,000.00 a year in areas other than payroll. So that will be a big help in balancing out some of the cost of this wage and benefit offering so I am going to vote with some caution yes in favor of the proposal.” 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. ________________________  207 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 ORDINANCE NO. 42-16: FIRST READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 136-TRANSFER POLICY, ARTICLE 212- ENTRANCE RATE OF PAY, ARTICLE 220-RATE OF PAY UPON JOB CLASSIFICATION CHANGE, ARTICLE 210-BASIC SALARY SCHEDULE AND ARTICLE 214-PAY PLAN OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON MOTION by Commissioner Jan Hite, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. RUSSELL R. SIGHTS, City Manager, explained that this action is necessary to effect the changes that were adopted in the previous ordinance. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Nay: 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. ________________________ ORDINANCE NO. 43-16: FIRST READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Nay: 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. ________________________ ORDINANCE NO. 44-16: FIRST READ ROBERT GUNTER, Finance Director, indicated that there are three issues in this series. One is to refund the 2006 Water Revenue Bonds that will become General Obligation Bonds, the second will be to refinance the 2007 issue that the City did to build the Starlite Fire Station, and the third will be the final Bonding to finish the Municipal Service Center plus to pay for the fire property that the city just purchased, $650,000.00. At this time I will ask Mr. Greg Phillips, our financial advisor with Hilliard Lyons to give you a recap of what the market looks like and the financial savings on the re-financings. 208 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 GREG PHILLIPS, Financial Advisor, Hilliard Lyons, Louisville, Kentucky, explained that the new money financing will be just over $3,000.000.00 and there are two refinancing issues to refund the 2006 Water and Sewer Commission Bonds and the 2007 General Obligation Bonds. Tax law only allows a governmental entity to issue up to $10,000,000.00 in bonds each calendar year and keep those bank qualified. Bank qualified bonds receive a lower interest rate because of the fact that banks can buy the bonds. The plan is to sell them on the 11th of January, assuming market conditions hold. Interest rates after the presidential election have increased by about 75 basis points, or three quarters of one percent, which doesn’t sound overly dramatic until you consider that will increase the debt service by about $15,000.00 per year over the term of 20 years on the new money and lowers the savings on the refunding of the 2006 Bond to about $200,000.00 and the 2007 refinancing has taken a bigger hit because it wasn’t quite as attractive to begin with. The savings on that is now something less than $100,000.00 and it is borderline of being viable at the current time. There are still several weeks before selling the bonds and we hope for a better climate. The market does appear to be leveling off and financing today for the University of Louisville came in about 15 to 20 basis points better than estimated. We will proceed with the process knowing that we have the ability to pull or reject bids on one or more of the refinancing if interest rates are such that they would become non-viable. ORDINANCE NO. 44-16: AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF (i) GENERAL OBLIGATION BONDS, SERIES 2017A IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,155,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $315,000) TO FINANCE VARIOUS PUBLIC IMPROVEMENTS, (ii) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017B IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,530,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $255,000) TO CURRENTLY REFUND THE OUTSTANDING CITY OF HENDERSON, KENTUCKY WATER AND SEWER REVENUE BONDS, SERIES 2006A; AND (iii) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017C IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,330,000 (WHICH AMOUNT MAY BE INCREASED OR DECREASED BY UP TO $235,000) TO CURRENTLY REFUND A PORTION OF THE OUTSTANDING CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2007; APPROVING THE FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS; MAINTAINING THE HERETOFORE CREATED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASER OR PURCHASERS FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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. ________________________ ORDINANCE NO. 45-16: FIRST READ DAWN KELSEY, City Attorney, indicated that this ordinance reflects the changes that staff was directed to make at the November Work Session. The times at the Depot location are  209 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 now 6:30 a.m. to 7:00 p.m. during winter months and beginning the weekend of Memorial Day through Labor Day times of operation will be 6:30 a.m. to 11:00 p.m. No changes were made to the east End Park or Atkinson Park areas. The lower parking lot at the JFK Center was added. No designated parking area was selected there and the times of operation will be 11:00 a.m. to 11:00 p.m. every day of the week all year round due to adequate lighting in that area. Also an additional parking space was designated on the north side of Third Street between Water and North Main Streets that will be available Monday through Sunday the same times as the Depot Parking Lot. No other changes were made from what had been presented at the work session. ORDINANCE NO. 45-16: ORDINANCE RELATING TO MOBILE FOOD TRUCKS ORDINANCE ESTABLISHING ARTICLE IV, MOBILE FOOD UNITS, SECTIONS 17-63 THRU 17-71, OF CHAPTER 17, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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. ________________________ ORDINANCE NO. 46-16: FIRST READ ORDINANCE ESTABLISHING THE CONSUMER PRICE INDEX RATE ADJUSTMENT AN ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF ELECTRIC RATES AND SERVICES FOR HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON OR AFTER JANUARY 1, 2017; INCREASING RATES FOR SERVICES AND FEES BY AN AMOUNT EQUAL TO 1.6%, REPRESENTING THE CONSUMER PRICE INDEX AS ESTABLISHED BY THE U.S. BUREAU OF STATISTICS MOTION by Commissioner X R. Royster, seconded by Commissioner Jesse Johnston, that the ordinance be adopted. MAYOR AUSTIN, indicated that Henderson Municipal Power & Light General Manager, Gary Quick was in the audience and available if there were any questions relating to this action. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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. 210 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 ________________________ RESOLUTION 60-16: RESOLUTION APPROVING THE ADVERTISEMENT FOR BID AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2017A, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017B AND GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017C IN THE AGGREGATE PRINCIPAL AMOUNTS OF APPROXIMATELY $3,155,000, $2,530,000 AND $2,330,000, RESPECTIVELY MOTION by Commissioner Jesse Johnston, seconded by Commissioner Jan Hite to approve the advertisement for bid and distribution of a preliminary official statement for the purchase of City of Henderson General Obligation and General Obligation Refunding Bonds, Series 2017A, 2017B, and 2017C. COMMISSIONER MILLS, indicated that of this approximately $8,000,000.00 there would be approximately $3.1 million of new debt requiring additional monthly payments to be made. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 06 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 59-16: RUSSELL R. SIGHTS, City Manager, indicated that this municipal order is in conjunction with the previous ordinance that was voted down in light of the injunction issued by the Federal Judge in Texas. It is recommended that the original action be rescinded by adopting this municipal order until something further occurs at the Federal level. MUNICIPAL ORDER NO. 59-16: MUNICIPAL ORDER APPROVING ADJUSTING THE PAY FOR THE PUBLIC INFORMATION OFFICER (PIO) POSITION TO THE ORIGINAL CONTRACT AMOUNT OF $41,829.15 SINCE THE NEW REGULATIONS CHANGING THE MINIMUM SALARY THRESHOLD FOR AN EXEMPT EMPLOYEE FROM THE FAIR LABOR STANDARDS ACT ARE CURRENTLY NOT IN EFFECT MOTION by Commissioner Jan Hite, seconded by Commissioner X R. Royster, to adopt the municipal order adjusting the annual salary of the Public Information Officer to the original contract amount of $41,829.15 since the new Fair Labor Standard Act regulations changing the minimum salary threshold for an exempt employee are not currently in effect due to national injunction issued by a Texas court. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye:  211 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Commissioner Royster ---- Aye Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 60-16: Chris Winstead, Director Henderson and Union County Ambulance Service, reported that bids were received for a new ambulance with Muster Emergency Vehicles out of Calhoun, Kentucky submitting the low bid of $88,317.00. Also there is a recommendation for the purchase of an accessory package from Stryker in the amount of $17, 395.00. This quote was obtained through the hospital’s premier buying contract saving a little over $3,000.00 versus purchasing the package with the ambulance through Muster. Fiscal Court approved these purchases at their meeting earlier today. Both of these purchases were included in the Ambulance Service budget and funding and came in under the budgeted amount. MUNICIPAL ORDER NO. 60-16: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF ONE (1) TYPE II AMBULANCE FOR THE AMBULANCE SERVICE FROM MUSTER EMERGENCY VEHICLES OF CALHOUN, KY IN THE AMOUNT OF $88,317.00 MOTION by Commissioner Robert M. Mills, seconded by Commissioner X R. Royster, to adopt the municipal order awarding the bid for the purchase of a Type II Ambulance from Muster Emergency Vehicles of Calhoun, Kentucky in the amount of $88,317.00. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 61-16: MUNICIPAL ORDER ACCEPTING QUOTE FROM STRYKER, CHICAGO, IL FOR THE PURCHASE OF AMBULANCE ACCESSORIES IN THE AMOUNT OF $17,395.00 MOTION by Commissioner Jan Hite, seconded by Commissioner Robert M. Mills, to adopt the municipal order accepting the quote from Stryker of Portage, Michigan with an office located in Chicago, Illinois, for the purchase of ambulance accessories in the amount of $17,395.00. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: 212 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 62-16: MUNICIPAL ORDER AWARDING BID FOR REBRANDING AND REFURBISHING OF ENTRANCE SIGNS TO THE CITY OF HENDERSON TO ALVEY’S SIGNS EVANSVILLE, INDIANA IN THE AMOUNT OF $17,911.00 MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jesse Johnston, to adopt the municipal order awarding the bid for rebranding and refurbishing of entrance signs, Red Banks Park sign, and new Municipal Services Facility sign to Alvey’s Signs, of Evansville, Indiana in the amount of $17,911.00. WILLIAM L. NEWMAN, JR., Assistant City Manager, indicated that pursuant to the work session a bid package was put together to receive bids to refurbish the existing sign bases. DONNA STINNETT, Public Information Officer, reported that the samples from the September Work Session were utilized to follow the recommended colors and lettering for the new signage under the branding guidelines. The sign at Red Banks Park, and a new sign at the Municipal Services Center will be similar to the refurbished city entryway signage. Mrs. Stinnett said, “It seemed that this would give us an opportunity to take a leadership role in promoting the branding concept that was released earlier this year.” Mr. Newman further indicated that the project may be delayed until spring due to the weather conditions, but work will begin as soon as feasible. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 63-16: MUNICIPAL ORDER ACCEPTING SECOND AMENDMENT TO THE SYSTEM PURCHASE AGREEMENT WITH ALERT TRACKING SYSTEMS, INC. (D/B/A ALERT PUBLIC SAFETY SOLUTIONS). AND AUTHORIZING MAYOR TO EXECUTE SECOND AMENDMENT TO ALERT AGREEMENT MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jesse Johnston, to accept the Second Amendment to the System Purchase Agreement with Alert Tracking  213 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Systems, Inc. (d/b/a Alert Public Safety Solutions). WILLIAM L. NEWMAN, JR., Assistant City Manager, indicated that this is part of the 911 System and that there are three components to the System; the radio system; the software and hardware for the CAD system; and the third component was the furniture that would go in both the primary and secondary locations. The Alert Contract is the hardware and software component. In the proposal that we accepted, work at the primary and backup sites was to be done concurrently. Work at the backup center was not completed on schedule in the timeframe in which the primary site was completed. Alert has asked for a change in their contract to cover the cost for travel as well as labor to come back down and install the equipment at the backup center. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- 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: December 06 2016 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: RUSSELL R. SIGHTS, City Manager, reported two things to discuss. The first is that the next meeting will be a special called meeting on Monday, December 12th for any agenda items that we have and then based on the action here tonight we will be subject to called meetings later on during the month as the issue progresses. We don’t know at this time when those called meetings will be scheduled but will work that out at the convenience of the members as needed. The second issue is whether or not to proceed with the purchase of the aerial ladder truck at Monday’s meeting. Only one bid was received yesterday and it came in at $1,048,000.00 or approximately $100,000.00 over the $950,000.00 budgeted for this critical piece of equipment. (a hand out was passed out at this time on specification and details of the truck) Chief Foreman and his committee members are here to present all the facts to you on the specifications, the bid process and the truck itself. There are two letters attached to the document that was passed out, stating why one vendor did not bid and the other one chose not to bid but did ask for an extension of time. It was determined that we could not give an extension past 21 days as required under state statute relating to advertisements. SCOTT FOREMAN, Fire Chief, the truck in the video is a demo truck that was brought to us to actually try. It is similar to what we would be purchasing. The sales person gave us a demonstration and then we took the vehicle out to Red Banks Tower. The current operation of our ladder truck is a one man operation and it takes approximately five minutes to set up, be leveled and ready for operation. The magnetic mounts on the outrigger plates on this demonstration model helps speed up the set up and leveling process. Three vehicles were brought for review and we put all three through the same test. The committee put the spec of all three vehicles to make a combined base spec. The committee has over 500 hours of accumulated time into writing these specs. Some of the features include: eyelets on the ladder to assist in low angle rope rescue from trails, or along the riverfront and high angle rescue off a building; EMS equipment compartments, fully NFPA compliant; a smart wheel, which has all of the controls to activate lights and siren at the drivers fingertips; enhanced camera system; foam suppressant; 214 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Vogel Lube System, that will prolong the life of the truck and reduce maintenance costs; enhanced warning devices to make it better seen and heard; larger pumping capacity of 2000 GPM; ladder of 107’ to better reach offset properties; and airbags. CHRIS WATSON, Fire Lieutenant, indicated that the video was shot when he challenged one of his guys to be videoed setting up the truck after it was driven to the Red Banks Tower location. This is a one person operation, with the self leveling feature, on our city streets with the hills and topography we have that is very helpful. If you note the time it is set up, leveled and ready to get to the third floor of Red Banks Tower in almost less than two minutes. RUSSELL R. SIGHTS, City Manager, indicated that there are a number of things to consider the first is that it is $100,000.00 over budget which amortized over 20 years is $5,000.00 per year. The second thing is if it were rebid we know there is a five percent price increase on January 1st bringing the price of the truck to $1,097,000.00 and even though this is a reputable vendor there is no guarantee they will bid the next because their price is already on the street for all of the competition to know about. We have a truck that meets specs and will serve the city well; from a vendor that we have dealt with before; and is a brand, Farrara, that we are familiar with and currently own a pumper truck of this brand. Mr. Sights stated that it is his recommendation to include this purchase on the next agenda even though he is normally reluctant to award a bid with only one vendor responding. COMMISSIONER JOHNSTON asked when the inspection of the current ladder truck is due and what repairs or medications might be necessary for that inspection. CHIEF FOREMAN, indicated that the inspection is due in February and that the truck is in constant state of repair due to the age of the truck. At the last inspection the turntable cylinders had maximum seepage and may not pass a future inspection. COMMISSIONER JOHNSTON indicated that the cost to replace the turntable is highly expensive and could easily surpass the extra $100,000.00 for the new truck. He stated that he agreed with the recommendation of the City Manager to move forward with the purchase. DISCUSSION WAS HELD on how to dispose of the old truck, its estimated value, the timeframe for receiving the new truck, and the number of visits to the manufacturer for inspections. No decision was determined on how to dispose of the vehicle at this time and its estimated value is probably between $100,000.00 and $150,000.00. The new truck is expected to be delivered to the City and have its first service upon delivery approximately 270 days from the date of approval and that three inspections are included in the proposal. Mr. Sights thanked the committee for their many hours of work putting this specification package together. LIEUTENANT WATSON recognized and introduced the members of the committee: Firefighter Brandon Lingerfelt, Engineer Brian Buedel, and Engineer Nick Mangarella, who spent many long hours on the phone reviewing specs into the late hours of the night and without whom this probably wouldn’t have gotten done. ________________________ COMMISSIONER’S REPORT: COMMISSIONER JOHNSTON indicated that he would like to help with the firefighter pay plan, and asked the City Attorney when the deadline was for getting the information to her for the upcoming meeting. Mrs. Kelsey responded that noon on Thursday is generally the deadline for a Tuesday meeting and earlier since this is a Monday meeting. Commissioner Johnston indicated that this was a hard decision but looks forward to it setting a precedent for the rest of the city employee population and moving to get this worked out correctly. He continued that it is a big concern of his to keep the consistency of the same people that protect us all in both police and fire.  215 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 COMMISSIONER HITE indicated that she had been remiss in expressing her appreciation for Chief Stauffer’s work on this as well as all of the staff that has put in long week night hours to help go through this. She also thanked the City Manager for his willingness to have staff provide the necessary information and assistance on this plan. COMMISSIONER MILLS clarified that the vote tonight was to implement what was in the agenda and did not include looking at other departments. He went on to ask if the Board was directing the City Manager to develop a whole new pay plan for the Fire department. He indicated that there had been no vote on how to proceed with a plan for the Fire department. He asked if each department would have their own individual pay plans and are we deciding that tonight? Mayor Austin indicated that it was his understanding that Commissioner Royster asked Commissioner Hite if she would work with the Fire department to develop a plan similar to the Police department plan before the end of the year and that she had agreed to work on a plan. Mr. Sights confirmed that was also his understanding of the events on record. Commissioner Mills asked if this direction was obligating the City Manager, and Assistant City Manager and our City Staff to developing our own pay plans now. He stated, “That is the road we are going down and I am just uncomfortable with that, but we are moving forward and I am the odd man out.” The City has always had a pay plan where everybody was dealt with systematically in equitable terms. When one department got a raise the other departments got a raise. He continued that with all of the debt that we are getting ready to pay on like the 911 system improvements, the Public Service Facility, the new fire station property, the new ladder truck and then raises to all employees, that is a lot to burden the new commission with. We have done such a good job in this administration minding our finances and I am afraid that we are putting the new commission in a bad situation. He said, “I want to go out on friendly terms but I just feel obligated to make that known. I don’t want to come back two years from now, or four years from now and say I told you so, but I’m afraid that is what is going to happen.” REAPPOINTMENT: CITY-COUNTY AIRPORT BOARD: Dorin Luck and Steve Bennett – Term To Expire January 5, 2021 Motion by Commissioner X R. Royster, seconded by Commissioner Jan Hite, upon recommendation of Mayor Steve Austin, to reappoint Dorin Luck and Steve Bennett to four-year terms on the jointly appointed City-County Airport Board. Said term to expire January 5, 2021. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: ________________________ REAPPOINTMENT: WATER & SEWER COMMISSION: George F. Jones III – Term To Expire January 12, 2020 Motion by Commissioner Robert M. Mills, seconded by Commissioner X R. Royster, upon recommendation of Mayor Steve Austin, to reappoint George F. Jones III to a three-year term on the Water & Sewer Commission. Said term to expire January 12, 2020 . The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: 216 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 06, 2016 Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: ________________________ EXECUTIVE SESSION: Litigation MOTION by Commissioner X R. Royster, seconded by Commissioner Jan Hite to go into Executive Session pursuant to the provisions of KRS 61.810 (1) (c) for the discussion of pending litigation against the city. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: ________________________ MEETING RECONVENED: MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, the Board of Commissioners reconvened in regular session. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: ________________________ MEETING ADJOURN: MOTION by Commissioner Robert M. Mills, seconded by Commissioner Jan Hite, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Johnston --- Aye: Commissioner Hite -------- Aye: Commissioner Royster ---- Aye: Commissioner Mills ------- Aye: Mayor Austin --------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:00 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 12, 2016 ______________________ Maree Collins, City Clerk