Board of Commissioners Meetings

155 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, December 8, 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, public attendance was not 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. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer (via Zoom) Mr. Robert Gunter, Finance Director Mrs. Dawn Winn, Assistant Finance Director (via Zoom) Mr. Owen Reeves, Gas System Director Mrs. Connie Galloway, Human Resources Director (via Zoom) Mrs. Karla Beckgerd, Human Resources Specialist (via Zoom) Mr. Ray Nix, Code Enforcement Administrator Mr. Dylan Ward, Special Projects Manager Ms. Brenda Wethington, Mass Transit Coordinator Ms. Susanne Todd, Bus Operator Mr. David Wright, IT Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Cory Fischbeck, IT Applications Programming Manager (via Zoom) Mr. Tom Williams, HWU General Manager Mr. Todd Bowley, HWU Chief Financial Officer (via Zoom) Mr. Stan Syra, Riney Hancock CPAs (via Zoom) Mr. Dwight Williams (via Zoom) Ms. Missy Vanderpool, Henderson Economic Development Executive Director (via Zoom) Mr. Eric Shappell, Attorney Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Bus Operator Susanne Todd for her 20 years of service and dedication to the City of Henderson. ________________________ PRESENTATION: “Henderson Water Utility Report on Audited Financial Statements for Fiscal Year Ended June 30, 2020” TODD BOWLEY, Henderson Water Utility Chief Financial Officer, introduced Mr. Stan Syra of the Riney Hancock CPAs firm of Owensboro, Kentucky to present the Henderson Water Utility audited financials for the fiscal year ended June 30, 2020. STAN SYRA, Riney Hancock CPAs PSC Audit and Assurance Service Division Senior Manager, gave a brief summary of the Independent Auditor’s Report that was completed by his  156 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 firm for the City of Henderson Water and Sewer Commission. Mr. Syra reported that the Henderson Water Utility had received an Unmodified Opinion, or a clean opinion, indicating that all internal controls were in place and all the financial statements are materially correct. He indicated that the report does mention a material misstatement, which means that there was an anomaly with the inventory control. Inventory audit testing was performed showing that the error is in the software used to establish the value of the inventory items. Some of the very old inventory did not calculate properly due to the older invoices being purged from the system. This issue has been addressed and everything is now in order. Mr. Syra thanked HWU General Manager Tom Williams and HWU Chief Financial Officer Todd Bowley for the excellent job they and their staff do to make the process go so smoothly. MOTION by Commissioner Royster, seconded by Commissioner Vowels, to accept the Water and Sewer Commission, Henderson Water Utility Report on Audited Financial Statements for Fiscal Year ended June 30, 2020, as presented by Mr. Stan Syra, Senior Manager of the Audit and Assurance division of Riney Hancock CPAs PSC. 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: ________________________ PRESENTATION: “KEMI Workers’ Compensation Carrier Dividend Check” CONNIE GALLOWAY, Human Resources Director, gave a brief presentation in support of the City’s employee safety record. The Kentucky Employers’ Mutual Insurance (KEMI) awarded a dividend check to the City in the amount of $46,072.26 due to city employees having a workers’ compensation loss ratio of less than 65% for the reviewed year. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: August 25, 2020, Called Work Session September 3, 2020, Called Work Session September 8, 2020, Called Meeting Resolutions: 50-20: Resolution Accepting Urbanized Area Public Transportation Grant Agreement Between the Kentucky Transportation Cabinet and Henderson Area Rapid Transit (HART) in the Amount of $55,658.00, A Capital State Match for Section 5307 Funding, and Authorizing City Manager to Execute the Agreement on the City’s Behalf 51-20: Resolution Supporting Addressing Kentucky’s Transportation Funding Needs Throughout the Commonwealth Municipal Order: 37-20: Municipal Order Approving the Ambulance Service Contract Between the City of Henderson, the County of Henderson and Deaconess Hospital, Inc. 38-20: Municipal Order Authorizing Deed of Easement Between International Paper Company and City of Henderson; and Authorizing Mayor to Execute Deed of Easement on Behalf of the City of Henderson MOTION by Commissioner Bugg, seconded by Commissioner Royster, to approve the items on the Consent Agenda as presented.  157 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 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: December 8, 2020 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 31-20: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED OFF OF KENTUCKY HIGHWAY 812 (A.K.A AIRLINE ROAD), IN HENDERSON COUNTY, CONTAINING THE FOLLOWING PVA PARCELS: 67C-1; 67C-2; 67C-3; 67C-4; 67C-5; 67C-6; 67C-7; 67C-8; 67C-9;67C-10; 67C-11; 67C-12; 67C-13; 67C-14; 67C-15; 67C-16; 67C-17; 67C-18; 67C-19; 67C-20; 67C-21; 67C-22; 67C-23; 67C-24; 67C-25; 67C-26; 67C-27; 67C-28; 67C-29; 67-C30; 67C-31; 67C-32; 67C-33; 67C-34; 67C-35; 67C-36; 67C-37; 67C-38; 67C-39; 67C-40; 67C-41; 67C-42; 67C- 201; 67C-202; 67C-203; 67C-204; 67C-205; 67C-208; 67C-209; 67C-210; 67C-211; 67C-212; 67C-213; 67C-214; 67C-215; 67C-216; 67C-217; 67C-218; 67C-219 AND THE PORTION OF KENTUCKY HIGHWAY 812 FRONTING BENT CREEK SUBDIVISION & BENT CREEK ESTATES MOTION by Commissioner Royster, seconded by Commissioner Vowels, that the ordinance be adopted. ERIC SHAPPELL, Attorney, explained that the Bent Creek Subdivision/Estates were built in phases with developers signing Outside Sewer Service – Not to Oppose Annexation documents that were recorded at the Court House. This ordinance is the first of two phases to be considered for annexation. DWIGHT WILLIAMS, Bent Creek resident, presented a petition containing over 70 names of homeowners that oppose annexation and expressed concerns on the sports complex location and the effects that it will have on traffic and the current country landscape along Airline Road. Other concerns included flooding and drainage from the sports complex property, mine subsidence, increased taxes especially for young families and those on fixed incomes, and possible decreased property values due to the sports complex. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the sports complex design firm will assess and design the complex to have the least effect on neighboring properties. He further reported that flood mitigation measures are being taken in the area; and a Kentucky Geological Survey relating to mine subsidence was completed with no impact noted. DISCUSSION WAS HELD relating to: when City taxes would become effective; that increased tax rates would be somewhat offset by decreased water rates, decreased fire protection insurance premium rates and decreased sanitation rates with the completion of the annexation; and that the ordinance becomes effective January 2, 2021 with the first city taxes due in 2022. DAWN KELSEY, City Attorney, reported that the second reading of this ordinance is scheduled for the December 15, 2020 meeting. The vote was called. On roll call, the vote stood: Commissioner Royster -- Aye: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye:  158 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 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. 32-20: FIRST READ ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF COMMISSIONERS, SECTION 2-20, MEETINGS TO CHANGE THE MEETING TIMES FROM 5:30 P.M. TO 3:00 P.M. FOR A SIX-MONTH PERIOD BEGINNING JANUARY 1, 2021 AND ENDING IN JULY 1, 2021 MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. DAWN KELSEY, City Attorney, explained that with the adoption of this ordinance, meetings will no longer be special called meetings allowing discussion of items not necessarily on the formal agenda. The vote was called. On roll call, the vote stood: Commissioner Royster -- Nay: 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. ________________________ MUNICIPAL ORDER NO. 39-20: MUNICIPAL ORDER AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND DYLAN WARD, PROJECT MANAGER MOTION by Commissioner Vowels, seconded by Commissioner Bugg, approving an amendment to the Project Manager Dylan Ward’s employment agreement. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that under the current budget, the Safety division was removed from Human Resources and placed as a direct report to the HWU General Manager/City Manager. Mr. Newman indicated that he would like to change the direct report from the City Manager to the Project Manager for the City. The changes would include transferring the Project Manager’s city vehicle to the Safety division and adding a vehicle allowance for the Project Manager. The vote was called. On roll call, the vote stood: Commissioner Royster -- Nay: Commissioner Staton ---- Aye: Commissioner Vowels --- Aye: Commissioner Bugg ----- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order approved, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: December 8, 2020 Maree Collins, CKMC, City Clerk ________________________  159 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 REPORTS: “Ordinance Review Relating to Signs and Outdoor Advertising Displays” DAWN KELSEY, City Attorney, reported that the proposed changes to the sign ordinance were to bring our ordinance into compliance with Supreme Court ruling No. 13-502 which upheld sign code provisions that are content based constitute regulations of speech and do not survive strict scrutiny. Proposed changes include revisions to definitions for different types of electronic signs and projecting signs, addition of an exemption for temporary signs during specific times of the year, size regulations on temporary signs based on zones and penalties for violations were added to allow for stronger enforcement. MOTION by Commissioner Royster, seconded by Commissioner Vowels, to accept the recommendation of staff and forward a request to the Planning Commission to conduct a public hearing on the zoning ordinance amendments relating to signs and outdoor advertising displays. 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 motion approved. ________________________ REPORTS: “Henderson Water Utility and Henderson Municipal Gas Joint Proposal” WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that discussions of synergies and cost savings have been discussed under various past administrations. With HWU purchasing the property next to the MSC, Gas System Director Owen Reeves was invited into discussions on a plan that would join the two utilities for reduced cost opportunities to our customers. Without objection, staff was instructed to move forward with creating a plan to bring to the Commission at a future date. ________________________ REPORTS: “COVID CARES Act Discussion” COMMISSIONER STATON reported that a rough outline of the Small Business Continuity Grant Program was about ready for consideration. He, City Manager Buzzy Newman, Henderson Economic Development Executive Director Missy Vanderpool, and Henderson Chamber of Commerce President Ellen Redding, have met to discuss the program with applications opening on December 21st for approximately 90 days. A resolution with the completed Program and application will be presented at the next meeting. COMMISSIONER STATON also reported that Melissa Clements, United Way of Henderson County Executive Director, has created a program to address nonprofits in the city of Henderson in four different categories. He would like to suggest that the Commission consider a $25,000.00 donation once the fundraising phase of the program begins. ________________________ REPORTS: MAYOR AUSTIN reminded everyone that a work session is scheduled for next Tuesday, December 15, 2020, at 3:00 p.m. with a called meeting to follow at 3:30 p.m. that will include an executive session. ________________________  160 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 APPOINTMENT: Municipal Housing Commission: Mrs. Rosa Woods, Resident Member – Term to Expire September 30, 2022 Motion by Commissioner Royster, seconded by Commissioner Bugg, upon recommendation of Mayor Steve Austin, to appoint Mrs. Rosa Woods to a two-year term on the Municipal Housing Commission to replace long-time Resident Member Ms. Willie Ballard (deceased). Said term to expire September 30, 2022. 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: ________________________ RE-APPOINTMENTS: Henderson City-County Airport Board: (jointly appointed with County) Mr. Dorin Luck – Term to Expire January 5, 2025 Mr. Glenn Stone – Term to Expire January 5, 2025 Motion by Commissioner Bugg, seconded by Commissioner Royster, upon recommenda- tion of Mayor Steve Austin, to re-appoint Mr. Dorin Luck and Mr. Glenn Stone to four-year terms on the Henderson City-County Airport Board. Said terms to expire January 5, 2025. 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: ________________________ RE-APPOINTMENTS: Water and Sewer Commission: Mr. Paul Bird – Term to Expire January 12, 2024 Mr. Gary Jennings – Term to Expire January 12, 2024 Motion by Commissioner Royster, seconded by Commissioner Vowels, upon recommen- dation of Mayor Steve Austin, to re-appoint Mr. Paul Bird and Mr. Gary Jennings to three-year terms on the Water and Sewer Commission. Said terms to expire January 12, 2024. 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: ________________________  161 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on December 8, 2020 MEETING ADJOURN: MOTION by Commissioner Royster, seconded by Commissioner Staton, 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 4:20 p.m. ___________________________ Steve Austin, Mayor ATTEST: June 8, 2021 ______________________ Maree Collins, CKMC City Clerk