Board of Commissioners Meetings

116 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 10, 2021, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center, 222 First Street, Henderson, Kentucky. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Ms. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Heath Cox, Police Chief Mr. Brian Williams, Public Works Director Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Ray Nix, Code Administrator Mr. Dylan Ward, Project Manager Mr. Jeff Putman, Municipal Facilities Superintendent Mr. Christopher Watson, Fire Captain Mrs. Dawn Winn, Assistant Finance Director Mrs. Regenia Bender, Human Resources/Benefits Coordinator Mrs. Theresa Richey, Administrative Liaison Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator Mr. Travis Owens, IT Programmer/Analyst Mr. Chris Heimgartner, HMPL General Manager Mr. Randall Redding, HMPL Attorney Mr. Tom Williams, HWU General Manager Mr. Clayton Horton, Green River District Health Department Public Health Director Mr. Matt Duncan, Farmers Bank & Trust Henderson Community President Ms. Rosanne Chandler, Farmers Bank & Trust Assistant Vice President Mr. John Coomes Mr. Paul Green Mr. Kevin Patton, The Gleaner (via Zoom) ________________________ PRESENTATION: “COVID-19 Update” CLAYTON HORTON, Green River District Health Department Public Health Director, gave a brief update on the increase in cases of COVID-19 due to the Delta variant being more contagious and reminded everyone that the best way to combat this is to be vaccinated. MAYOR AUSTIN thanked Mr. Horton for his work and for keeping us informed over these many months. ________________________ PRESENTATION: “Countryview Stormwater Drainage Project” TOM WILLIAMS, Henderson Water Utility General Manager, gave a brief report on the status of the Countryview Stormwater Drainage Project. The current phase is coming along nicely, and a bid date of mid-September is anticipated for the next phase, which is along Sutton Drive. ________________________  117 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 PRESENTATION: “Proposed Contractor Registration” JOHN COOMES & PAUL GREEN gave a brief report on Contractor Registration that they are requesting the City and County adopt to ensure that contractors working in Henderson County have the proper certifications and insurance to do the work in a safe and suitable manner. Mr. Coomes explained how this program has been implemented in Vanderburgh County as well as other locations to provide some level of protection for citizens against scammers. MAYOR AUSTIN indicated that staff is currently working on putting together a Program that will work in Kentucky and thanked Mr. Coomes and Mr. Green for their presentation. ________________________ PUBLIC HEARING: “Proposed Electric Rate Adjustments” MAYOR AUSTIN declared the Public Hearing to order at approximately 3:40 p.m. CHRIS HEIMGARTNER, Henderson Municipal Power & Light General Manager, gave a detailed presentation on the proposed rate adjustments and how they would affect customers of the various rate schedules as well as how they compare to current surrounding utility rates. He indicated that the proposed rates would transition the utility into fully separating fixed costs and volumetric costs. DISCUSSION WAS HELD relating to fixed costs; volumetric costs; proposed rates and how they affect each rate customer; the differences in customers in each rate schedule; low income vs. low volume customers and how the estimated bills were derived for comparison. MAYOR AUSTIN asked if there were any questions or comments from the public. WITH NO FURTHER COMMENTS OR QUESTIONS, Mayor Austin declared the public hearing adjourned. ________________________ ORDINANCE NO. 21-21: SECOND READ SUMMARY OF ORDINANCE AN ORDINANCE OF CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION REFUNDING BOND, SERIES 2021A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $7,065,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING THE PRINCIPAL AMOUNT OF BONDS BY UP TO $705,000 AND DECREASING THE PRINCIPAL AMOUNT OF BONDS BY ANY AMOUNT) FOR THE PURPOSE OF REFUNDING ON A CURRENT BASIS THE CITY’S OUTSTANDING (I) GENERAL OBLIGATION BONDS, SERIES 2011A AND (II) GENERAL OBLIGATION BONDS, SERIES 2012B; APROVING 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 A BOND PAYMENT FUND FOR THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: 118 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 Commissioner Thomas -- 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: August 10, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 22-21: SECOND READ ORDINANCE AMENDING CHAPTER 12, FIRE PREVENTION AND PROTECTION OF CODE OF ORDINANCE REGARDING APPEAL PROCESS AN ORDINANCE AMENDING CHAPTER 12, FIRE PREVENTION AND PROTECTION, ARTICLE I, IN GENERAL, SEC. 12-3, APPEAL PROCESS, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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: August 10, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 23-21: SECOND READ ORDINANCE AMENDING CHAPTER 15, NUISANCES OF CODE OF ORDINANCES REGARDING FINE SCHEDULE AN ORDINANCE AMENDING CHAPTER 15, NUISANCES, ARTICLE III, CODE ENFORCEMENT BOARD, BY AMENDING SECTION 15-51, ORDINANCE FINE SCHEDULE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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: August 10, 2021  119 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 24-21: FIRST READ ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF ELECTRIC RATES AND SERVICES FOR ELECTRIC POWER AND ENERGY FURNISHED BY HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS ADJUSTING THE RATES IN RESIDENTIAL SCHEDULE (SCHEDULE R); GENERAL SERVICE RATE SCHEDULE (SCHEDULE GS); HOUSING AUTHORITY, CHURCH AND PUBLIC SCHOOL RATE SCHEDULE (SCHEDULE HCS); DEMAND RATE SCHEDULE (SCHEDULE D); POWER COST ADJUSTMENT RATE SCHEDULE (SCHEDULE PCA); RESIDENTIAL DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE RDG); GENERAL SERVICE DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE GSDG); HOUSING AUTHORITY, CHURCH, AND PUBLIC DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE HCSDG); AND DEMAND DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE DDG); AND TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON AND AFTER SEPTEMBER 1, 2021 MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. DISCUSSION WAS HELD relating to the various proposed rate schedules and the effect they will have on the various customers, and how these rates might be affected by the In Lieu of Taxes (PILOT) rate to be determined at a future date. MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to table Ordinance No. 24-21 until further discussions are conducted on the In Lieu of Taxes (PILOT) amounts. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- Aye: Mayor Austin ------------- Nay: WHEREUPON, Mayor Austin declared the ordinance TABLED on its first reading until language on In Lieu of Taxes (PILOT) has been discussed and determined. ________________________ ORDINANCE NO. 25-21: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, BEING LOCATED OFF HIGHWAY 425 BYPASS, IN HENDERSON COUNTY, CONTAINING THE FOLLOWING PVS PARCELS: 46-19, 46.1-19 AND 46-19.2; AND PORTIONS OF OLD CORYDON ROAD AND HIGHWAY 425 BYPASS RIGHT-OF-WAYS MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: 120 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 Commissioner Thomas -- 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. ________________________ DAWN KELSEY, City Attorney, reported that the County is conducting their required ordinance review and found this housekeeping item due to the recent Deaconess Ambulance Service Contract. ORDINANCE NO. 26-21: FIRST READ ORDINANCE RELATING TO RATES FOR AMBULANCE SERVICES AN ORDINANCE AMENDING CHAPTER 5 AMBULANCES, SEC. 5-1 RATES FOR AMBULANCE SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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. ________________________ RESOLUTION NO. 55-21: RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT IN THE AMOUNT OF $2,300,000.00 FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR RUNWAY EXTENSION PROJECT; AND AUTHORIZING AND DIRECTING MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing acceptance of $2,300,000.00 grant from the United States Department of Transportation, Federal Aviation Administration for runway extension project; and authorizing the Mayor to execute any necessary documents on behalf of the City. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that this grant requires no match and therefore saves the City, the County and the State on local match dollars for this multi-year runway extension project. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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.  121 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 /s/ Steve Austin Steve Austin, Mayor ATTEST: August 10, 2021 Maree Collins, City Clerk ________________________ RESOLUTION NO. 56-21: RESOLUTION ACCEPTING PROPOSAL OF FARMERS BANK & TRUST, HENDERSON, KENTUCKY FOR BANKING SERVICES FOR CITY ROBERT GUNTER, Finance Director, explained that proposals for banking services were requested from eight area financial institutions with the proposal of Farmers Bank & Trust offering the best rate. He indicated that this proposal was a little different because we get paid for banking. Matt Duncan and Rosanne Chandler with Farmers Bank & Trust were present to answer any questions, and we have worked with Mr. Duncan in the past, and we look forward to moving all our checking accounts to Farmers Bank & Trust. MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to accept the Farmers Bank & Trust of Henderson, Kentucky proposal for banking services for City. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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: August 10, 2021 Maree Collins, City Clerk ________________________ RESOLUTION NO. 57-21: RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN HENDERSON COMMUNITY COLLEGE, KCTCS AND THE CITY OF HENDERSON, KENTUCKY (POLICE DEPARTMENT) HEATH COX, Police Chief, reported that this is the second year for these services. We use a returning retired officer to help keep costs down for the college. MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to approve the Memorandum of Understanding between the Henderson Community College, KCTCS and the City (Police Department) for campus security. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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 122 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 ATTEST: August 10, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 40-21: MUNICIPAL ORDER AUTHORIZING EMERGENCY PURCHASE AND INSTALLATION OF A BACKUP GENERATOR FOR THE POLICE DEPARTMENT/911 CENTER FROM CUMMINS SALES AND SERVICE OF EVANSVILLE, INDIANA IN THE TOTAL AMOUNT OF $29,750.00 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing the emergency purchase and installation of a replacement back-up generator for the 9-1-1 Emergency Communications Center at the Henderson Police department facility from Cummins Sales and Service of Evansville, Indiana in the amount of $29,750.00, pursuant to their quote Q- 62040-20210722-1045 of July 22, 2021. JEFF PUTMAN, Municipal Facilities Superintendent, reported that the generator for the 9-1-1 Center/Police department had been having issues and was repaired; however, the problem continues an intermittent basis. Due to the location and the age of the generator, it was determined to replace it rather than try further repairs. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- 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: August 10, 2021 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the City Finance department has again been recognized by the Government Finance Officers Association with an Award of Financial Reporting Achievement. He congratulated Finance Director Robert Gunter and his staff for all their hard work which shows in receiving this prestigious award again this year. ________________________ Mr. Newman further reported that he has had discussions with both the police chief and fire chief regarding the city’s two watercrafts relating to condition and usability-the functions that they are used for don’t totally connect with the boats that we own. He indicated that it would be the recommendation from all three of them that if an opportunity arises that the boats should be traded-in to get something that is more suitable for dive boat usage. ________________________ CITY ATTORNEY’S REPORT: “Review of a Proposed Ordinance” DAWN KELSEY, City Attorney, indicated that an exciting project has been proposed for a location within the Central Business District. It is proposed to build a two-story balcony over the sidewalk. As you are aware, the sidewalk and street, and the air space above, are city right- of-way, and belong to the city, in the Central Business District. An ordinance allowing this structure would be necessary and staff needs your assistance to set standards, regulations and  123 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 aesthetics for such structure and contents. DISCUSSION WAS HELD relating to construction standards; aesthetics of the structure as well as safety issues; insurance provisions; furniture; lighting; responsibilities for relocating utilities and other structures; and other aspects of the costs and permitting process for allowing this semi-permanent structure on city property. Mrs. Kelsey indicated that staff would draft an ordinance to present at a future date. ________________________ COMMISSIONER’S REPORT: MAYOR AUSTIN gave an update on the proposed City Flag design and indicated that with a few small revisions it should be ready to be presented in a few weeks. ________________________ COMMISSIONER PRUITT reported that the Unity Walk at the JFK Center went well, and attendees had a great time. ________________________ COMMISSIONER THOMAS reported that he had been approached by a member of the disc golf community, Tim Farley, with a proposal to create a championship disc golf course and foot golf course in conjunction with the cross-country teams use of the former Municipal Golf Course property. There would be no cost to the city for these improvements. He requested staff meet with Mr. Farley and others involved with the various organizations to discuss the proposal. City Manager Newman indicated that he would report back. ________________________ EXECUTIVE SESSION: “Litigation” Motion by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(C) for discussion of pending litigation with Big Rivers Electric against the City and Henderson Municipal Power and Light. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- Aye: Mayor Austin ------------- Aye: ________________________ MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Thomas, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas -- Aye: Mayor Austin ------------- Aye: 124 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 10, 2021 WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:10 p.m. ___________________________ ATTEST: Steve Austin, Mayor July 12, 2022 ______________________ Maree Collins, CKMC City Clerk