Board of Commissioners Meetings

140 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 10, 2020, at 3:00 p.m., prevailing time, with no primary location designated for this video teleconference meeting as the result of the state of emergency declared by the President of the United States and the Governor of Kentucky due to the global COVID-19 pandemic, and in accordance with recommended and mandated precautions related to COVID-19 per the Kentucky Attorney General Opinion 20-05, limited public attendance was permitted at this meeting due to the highly contagious nature of COVID- 19. It is not feasible for the City to maintain order and abide by recommended and mandated precautions while providing a central physical location for public viewing. The meeting was conducted in accordance with KRS 61.826. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Patti Bugg (via Zoom video panelist) Commissioner X R. Royster, III Commissioner Bradley S. Staton (via Zoom video panelist) Commissioner Austin P. Vowels (via Zoom video panelist) ALSO PRESENT: Mr. Robert Gunter, Acting City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer (via Zoom) Mr. Trace Stevens, Parks Recreation & Cemeteries Director Mr. Heath Cox, Police Chief Mrs. Connie Galloway, Human Resources Director Mr. Scott Foreman, Fire Chief Mr. Ray Nix, Code Enforcement Administrator Mr. David Wright, IT Network Administrator II Ms. Donna Crowe, Programmer/Analyst Mr. Tom Williams, HWU General Manager Ms. Taunya Eyre (via Zoom) Mr. Ryan Monroe, Cross-Country Coach (via Zoom) Dr. Bob Lawson, Henderson County Schools Transitional District Director Ms. Desire Smith (via Zoom) Ms. Coral Haynes, Cross-Country Coach (via Zoom) Ms. Britney Smith, Habitat for Humanity of Henderson Executive Director (via Zoom) Mr. Matt Reynolds, Habitat for Humanity of Henderson Operations Manager (via Zoom) Mr. Mark Franklin, Dinsmore & Shohl LLP (via Zoom) Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ APPEARANCE OF CITIZENS: TAUNYA EYRE, expressed opposition to the annexation of Bent Creek Subdivision and Bent Creek Estates at this time for the following reasons: 1) the property is not connected to the City as it is on the south side of Airline Road without sidewalk connectivity; 2) the small triangular piece of property that is being used as being adjoined, is not connected to the City; 3) streetlights-City subdivision regulations require streetlights. If it was the City’s intent to annex this property, those regulations should have been required; 4) not an appropriate time to increase expenses of the residents due to the current downturn in economics caused by the pandemic; and 5) the annexation is not in compliance with the Comprehensive Plan due to lack of mobility because of lack of sidewalks and connectivity. Ms. Eyre requested that the Commission not move forward with this annexation at this time. MAYOR AUSTIN expressed his appreciation for her comments indicating that a response will be forthcoming. ________________________  141 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 PRESENTATIONS: “Cross-Country Teams Proposed Use of Former Municipal Golf Course Property” Coaches and parents from the Henderson County Schools cross-country teams presented a proposal relating to an extended-term use agreement of the former Municipal Golf Course in Atkinson Park for a cross-country course that could also be used by both the school system's cross-country teams as well as the public for 5K events and other races. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: August 25, 2020, Called Meeting Municipal Order: 35-20: Municipal Order Authorizing Deed of Easement Between Henderson Municipal Gas of the City of Henderson and City of Henderson, and Authorizing Mayor to Execute Deed of Easement on Behalf of the City of Henderson 36-20: Municipal Order Authorizing Award of Bid for Cleaning Services for the Public Safety Building (Formerly Peabody Building) to Jani-Clean Inc., Evansville, Indiana MOTION by Commissioner Royster, seconded by Commissioner Staton, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 10, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 25-20: SECOND READ ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES AN ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF DISTRIBUTED GENERAL ELECTRIC RATES AND SERVICES FOR ELECTRIC POWER AND ENERGY FURNISHED BY HENDERSON MUNICIPAL POWER & LIGHT TO ITS HOUSING AUTHORITY, CHURCH, AND PUBLIC SCHOOL CUSTOMERS AND CONSUMERS RATE SCHEDULE (SCHEDULE HCSDG), HOUSING AUTHORITY, CHURCH, AND PUBLIC SCHOOLS DISTRIBUTED GENERAL RATES SCHEDULE GENERAL SERVICE DISTRIBUTED GENERATION RATE SCHEDULE TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON AND AFTER DECEMBER 1, 2020 MOTION by Commissioner Vowels, seconded by Commissioner Royster, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye:  142 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 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: November 10, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 26-20: SECOND READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF (A) CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2020A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 (SUBJECT TO A PERMITTED ADJUSTMENT DECREASING THE PRINCIPAL AMOUNT OF BONDS BY ANY AMOUNT) FOR THE PURPOSES OF FINANCING ALL OR A PORTION OF THE COSTS THE ACQUISITION, CONSTRUCTION, EQUIPPING, AND INSTALLATION OF (1) NEW MUNICIPAL WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENTS AND ADDITIONS, (2) A NEW MUNICIPAL FIRE STATION AND RELATED FACILITIES AND EQUIPMENT, (3) A NEW APPROXIMATELY 58-ACRE SPORTS COMPLEX, AND (4) A STORMWATER SYSTEM IN COUNTRYVIEW SUBDIVISION; AND (B) CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION REFUNDING BONDS, TAXABLE SERIES 2020B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,305,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE PRINCIPAL AMOUNT OF BONDS BY UP TO $130,000 AND DECREASING THE PRINCIPAL AMOUNT OF BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING IN ADVANCE OF MATURITY THE CITY’S GENERAL OBLIGATION BONDS, SERIES 2011A; APPROVING THE FORMS OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE OR NOTICES WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; ESTABLISHING BOND PAYMENT FUNDS FOR EACH SERIES OF THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR EACH SERIES OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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: November 10, 2020 Maree Collins, CKMC, City Clerk________________________ ORDINANCE NO. 27-20: FIRST READ ORDINANCE AMENDING PAY PLAN ORDINANCE ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH RECLASSIFIES CERTAIN NON-HAZARDOUS POSITIONS; ESTABLISHES NEW POLICE HAZARDOUS DUTY AND FIRE HAZARDOUS DUTY PAY GRADE & SALARY RANGES; AND APPROVES PROVIDING FOR ONE PERCENT (1%) COST OF LIVING ADJUSTMENT (COLA) FOR CITY EMPLOYEES OF THE NON-HAZARDOUS AND FIRE HAZARDOUS DUTY JOB  143 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 CLASSIFICATIONS EFFECTIVE NOVEMBER 16, 2020 MOTION by Commissioner Bugg, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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. 29-20: FIRST READ ORDINANCE AMENDING HENDERSON WATER UTILITY BUDGET AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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. 28-20: FIRST READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FOR THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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. ________________________  144 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 ORDINANCE NO. 22-20: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, WHICH PROPERTY IS LOCATED LYING SOUTH OF THE AUDUBON PARKWAY, AND BOUNDED ON THE NORTH BY THE AUDUBON PARKWAY, ON THE SOUTH BY AIRLINE ROAD, KENTUCKY HIGHWAY 812 AND ON THE EAST BY GOLDSBERRY COAL COMPANY, INC. (PVA PARCEL 67- 77), CONTAINING APPROXIMATELY 58.1 ACRES, MORE OR LESS, IN HENDERSON COUNTY OWNED BY HILLVIEW ENTERPRISES, LLC AND PORTIONS OF AUDUBON PARKWAY AND KENTUCKY HIGHWAY 812 RIGHT-OF-WAYS FOR A TOTAL OF 78.074 ACRES MOTION by Commissioner Royster, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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. 30-20: FIRST READ ORDINANCE AMENDING CHAPTER 23, UTILITIES AN ORDINANCE AMENDING CHAPTER 23, UTILITIES BY ADDING NEW ARTICLE X ELECTRIC FRANCHISE, SECTIONS 23-210 THRU 23-229 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON; CREATING AND ESTABLISHING ARTICLE X ELECTRIC FRANCHISE OF CHAPTER 23, UTILITIES FOR BID OF NON- EXCLUSIVE ELECTRIC FRANCHISE FOR THE PLACEMENT OF FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF HENDERSON FOR A TWENTY (20) YEAR DURATION, RESERVING THE RIGHT TO IMPOSE A FRANCHISE FEE NOT TO EXCEED FIVE PERCENT (5%) OF GROSS ANNUAL REVENUES FROM THE FRANCHISEE’S SALE OF ELECTRICITY TO ELECTRIC-CONSUMING ENTITIES INSIDE THE CITY OF HENDERSON’S CORPORATE LIMITS AND FURTHER PROVIDING FOR COMPLIANCE WITH RELEVANT LAWS, REGULATIONS AND STANDARDS; INDEMNIFICATION; INSURANCE; CANCELLATION OR TERMINATION; AND BID REQUIREMENTS; ALL EFFECTIVE ON DATE OF PASSAGE MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ 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. ________________________  145 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 RESOLUTION NO. 49-20: RESOLUTION DECLARING REAL PROPERTY LOCATED AT 109 THOMPSON STREET HENDERSON, KENTUCKY (PVA 2-17-7-15) SURPLUS PROPERTY, AND AUTHORIZING DONATION OF SURPLUS PROPERTY TO HABITAT FOR HUMANITY OF HENDERSON, KENTUCKY, INC. MOTION by Commissioner Staton, seconded by Commissioner Royster, approving declaration of surplus property located at 109 Thompson Street and authorizing donation to Habitat for Humanity of Henderson, Kentucky. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the resolution approved, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 10, 2020 Maree Collins, CKMC, City Clerk________________________ MISCELLANEOUS: RAY NIX, Code Enforcement Administrator, gave a brief update on the progress of cleanup of the building that collapsed on the corner of First and Elm Streets. Mr. Nix reported that the owner of the building is reviewing options and has a final conference scheduled with Kentucky Air Quality Control later in the week. The final cleanup plan has been delayed due to the pandemic, illness, and other issues, but it is hopeful that we will have a final plan soon. ________________________ REPORTS: DAWN KELSEY, City Attorney, reported that the Bent Creek Subdivision and Bent Creek Estates annexation will be divided into two portions for action. The first will be forwarded to the Planning Commission on December 1st for zoning designation with first reading of the ordinance anticipated at the December 8th meeting and second reading expected to be the third Tuesday of December. It is anticipated that the second portion of the annexation will be forwarded to the Planning Commission in late January for action in February. ________________________ COMMISSIONER STATON indicated that under normal circumstances annexations are completed by the end of a year so that taxes will begin on the 1st of the following year. However, taking into consideration this unusual year of a pandemic and the economic impact it has had, maybe the annexation could move forward with a January 2n d , 2021 date so that taxes will not impact those residents until 2022. DISCUSSION WAS HELD relating to when city services would begin; if this plan is fair to other city residents; that this is not intended to set a precedence; and it was determined that this item would be on the next meeting agenda so that the process and ordinance could be delved into in more detail. ________________________ Next meeting is scheduled for next Tuesday, November 17, 2020, at 3:00 p.m. for a called meeting to be followed by a work session. ________________________  146 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on November 10, 2020 EXECUTIVE SESSION: “Litigation” MOTION by Commissioner Royster, seconded by Commissioner Bugg, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(C) relating to pending litigation involving HMPL (Henderson Municipal Power and Light) and Big Rivers. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Royster, seconded by Commissioner Bugg, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ MEETING ADJOURN: MOTION by Commissioner Bugg, seconded by Commissioner Royster, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Royster --- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:25 p.m. ___________________________ Steve Austin, Mayor ATTEST: May 25, 2021 ______________________ Maree Collins, CKMC City Clerk