Board of Commissioners Meetings

127 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, August 24, 2021, at 3:00 p.m., prevailing time, in the third floor assembly room of the Municipal Center, 222 First Street designated as the primary location for this video teleconference meeting as the result of the state of emergency declared by the President of the United States, the Governor of Kentucky, and the Mayor of the city of Henderson 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. The meeting was conducted in accordance with KRS 61.826 and SB150. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert N. Pruitt, Sr. (via Zoom Panelist) Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels 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 Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mrs. Connie Galloway, Human Resources Director Mrs. Francis Maloney, HR Benefits Coordinator Mrs. Regenia Bender, HR Benefits Coordinator Mr. Dylan Ward, Project Manager Mr. Ray Nix, Code Administrator Mrs. Theresa Richey, Administrative Liaison Ms. Doris Mallory, Legal Secretary Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator Ms. Whitney Floyd, President Field & Main Insurance Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP Mr. Kevin Patton, The Gleaner (via Zoom) ________________________ PRESENTATION: “20-Year Service Award” MAYOR AUSTIN expressed appreciation to Doris Mallory for her 20 years of service and dedication to the City of Henderson and announced that Ms. Mallory planned to retire at the end of the month. ________________________ PRESENTATION: “COVID-19/Deaconess Henderson Hospital” DENNIS J. BECK, MD, Interim Chief Administrative Officer, Deaconess Henderson Hospital, sent his regrets on attending the meeting, and sent the following statement to be read: “I regretfully will not be able to attend the city commission meeting next Tuesday, August 24, 2021. Unfortunately, the schedule, as I’m sure yours does as well, keeps changing these days. I would like to share our thoughts to answer your questions and provide some updates on our hospital’s status. Firstly, thank all of you for reaching out regarding how the COVID-19 surge is impacting Deaconess Henderson Hospital, with offers of assistance if needed. Deaconess Henderson Hospital, and all Deaconess Hospitals, are experiencing the highest summertime volumes we’ve ever had. As part of our ongoing preparedness for emergencies and 128 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 disasters, we do have plans that are implemented in phases. We’ve been in COVID for about a year-and-a-half now and have learned how to best manage staffing and resources during surges; we are strained by functioning at this time. Our emergency departments will always be open and available to treat true emergencies. If someone is experiencing a heart attack, stroke, severe trauma, or is struggling to breathe, they should come to our ER and know that they’ll be assessed and treated as quickly as possible. However, our capacity to address less-emergent issues is being affected, and we need the community to use the right level of care for their health needs. Urgent cares can assess illnesses and injuries that are less severe. COVID testing should be scheduled at one of our many drive- through facilities unless the patient is sick enough to require urgent or emergent medical care. As of this message, Deaconess overall has 141 COVID patients admitted, 119 are not vaccinated, and none of the patients in our ICUs or on ventilators are vaccinated; at Deaconess Henderson Hospital specifically, we have 26 COVID-positive patients; 8 of these are in the ICU, with 4 on vents-all unvaccinated. We are also about to begin posting our COVID/vaccinated hospitalization numbers on our social media pages. This is truly a pandemic of the unvaccinated, and the burdens on our healthcare system are coming from the high volume of testing, treatment and hospital care for unvaccinated patients. If more people would be vaccinated and do what they can to reduce the spread of COVID-19 by wearing a mask, skipping gatherings, and reducing their time spent in close proximity to other people, it would be very helpful, as we see no signs that we are near our peak. We are also concerned about the possibility of large numbers of children being infected or quarantined from schools, and hope that the increased school precautions will help. While severe COVID-related illness in children isn’t common, it does happen; additionally, sending children home from school [for long quarantine spans] dramatically impacts our staffing. We appreciate the offer to assist, and are grateful for our current partnerships in the community, such as with local EMS throughout our service area. If we see in the near future that further contingency plans will need to be activated, such as disaster responses that are being implemented by hospitals in other states, we will contact local government in multiple counties to request their assistance. Again, thank you for reaching out, and feel free to share this information with other officials and audiences as needed.” MAYOR AUSTIN, reported that Dr. Beck had taken over administrative duties from Linda White and he and everyone at the hospital have been doing a great job during this tough time. ________________________ PRESENTATION: “Workers’ Compensation Dividend Check” WHITNEY FLOYD, President Field & Main Insurance, thanked the Board for the close partnership over these past years and presented a dividend check to the City for keeping the loss ratio under 65% for the 2018 insurance year. MAYOR AUSTIN thanked Whitney and the team for support and all department heads and employees for such a good safety record. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Resolutions: 58-21: Resolution Appointing John Henderson as Director to Board of Public Energy Authority of Kentucky (PEAK) 59-21: Resolution Accepting Urbanized Area Public Transportation Grant Agreement between the Kentucky Transportation Cabinet and Henderson Area Rapid Transit (HART) in the amount of $117,689.00 a Capitol State Match for Project 5307, and Authorizing Mayor to Execute the Agreement on the City’s Behalf  129 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 60-21: Resolution Authorizing Participation in Kentucky Pride Litter Abatement Grant Program 61-21: Resolution Authorizing HMP&L’s General Manager, Chris Heimgartner and Mayor Steve Austin to Take Action to Protect the Interests of HMP&L and the City in the Application of Big Rivers for Enforcement of Rate and Service Standards Municipal Orders: 41-21: Municipal Order Accepting the Water and Wastewater Service Agreement Between the City of Henderson, Water and Sewer Commission of the City of Henderson D/B/A Henderson Water Utility, and Pratt Paper (KY), LLC; and Authorizing Mayor to Execute the Agreement Motion by Commissioner Staton, seconded by Commissioner Thomas, to approve the items on the Consent Agenda as presented. 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 consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: August 24, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 25-21: SECOND 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 PVA 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 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, affixed his signature and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: August 24,2021 Maree Collins, CKMC, City Clerk ________________________ 130 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 ORDINANCE NO. 26-21: SECOND 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 Thomas, seconded by Commissioner Staton, 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 24,2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 27-21: FIRST READ ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2021, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. COMMISSIONER STATON indicated that property taxes were decreased 20% in 2017 and have not been increased since. 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. ________________________  131 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 ORDINANCE NO. 28-21: FIRST READ ORDINANCE AMENDING PORTION OF CITY OF HENDERSON BUDGET ORDINANCE AMENDING CITY OF HENDERSON BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2021-2022 BUDGET FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE CODE ENFORCEMENT DIVISION AND EMERGENCY 911 COMMUNICATIONS DEPARTMENT 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. ________________________ ORDINANCE NO. 29-21: 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; AND AMENDS FIRE HAZARDOUS DUTY PAY GRADE & SALARY RANGES FOR FIRE CAPTAIN POSITIONS MOTION by Commissioner Thomas, seconded by Commissioner Staton, 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. ________________________ ORDINANCE NO. 30-21: FIRST READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 10 PERSONNEL TO INCLUDE GAS SYSTEM DIRECTOR AS A CONTRACT EMPLOYEE; ARTICLE 136 – TRANSFER POLICY TO DELETE TRANSFER POLICE DEPARTMENT/FIRE DEPARTMENT TRANSFER TO THE OTHER DEPARTMENT; ARTICLE 414 – DRIVING UNDER THE INFLUENCE-SETTING 5 YEAR CONVICTION LIMITATION FOR NEW HIRES AND 24 MONTH CONVICTION LIMIT FOR CURRENT EMPLOYEES WHO APPLY FOR NEW POSITION REQUIRING A DRIVER’S LICENSE; AND ARTICLE 416 – FAMILY MEDICAL LEAVE TO ALLOW EMPLOYEES WHO HAVE REACHED MAXIMUM VACATION ACCRUAL TO SUBSTITUTE EIGHT (8) HOURS VACATION PER PAY PERIOD MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. 132 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 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. 62-21: RESOLUTION DESIGNATING EXPENDITURES OF THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $6,345,733.00 AND DESIGNATING FINANCE DIRECTOR ROBERT GUNTER, TO ACT AS AUTHORIZED REPRESENTATIVE TO THE U.S. DEPARTMENT OF TREASURY, CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS MOTION by Commissioner Staton, seconded by Commissioner Thomas, designating expenditures of the American Rescue Plan Act (ARPA) funds in the amount of $6,345,733.00 and designating Finance Director Robert Gunter to act as authorized representative to the U.S. Department of Treasury, Coronavirus State and Local Fiscal Recovery Funds. MAYOR AUSTIN expressed appreciation to the management team for putting this funding into the right places to benefit the community. 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 24, 2021 Maree Collins, City Clerk ________________________ RESOLUTION NO. 63-21: RESOLUTION DECLARING INTENT FOR REIMBURSEMENT OF CAPITAL EXPENDITURES TO FINANCE SOLID WASTE DISPOSAL FACILITY TO BENEFIT PRATT INDUSTRIES MOTION by Commissioner Thomas, seconded by Commissioner Staton, approving the resolution declaring the intent of reimbursement of temporary advances for certain capital expenditures to be made from subsequent borrowing (Industrial Revenue Bonds) to benefit Pratt Industries recycled paper mill and related facilities to be located in Henderson. DAWN KELSEY, City Attorney, indicated that Mark Franklin, our bond council, had been given a waiver to represent Pratt Paper for this Bond issuance. Ms. Kelsey further indicated that Pratt was in the process of ordering a very expensive piece of equipment and needed this reimbursement resolution approved before expenditures could be completed that would be included in the Bond issuance.  133 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 MARK FRANKLIN, Partner, Dinsmore & Shohl LLP, reported that this Bond issuance would be a mixture of exempt and non-exempt industrial revenue bonds with no impact on the City’s obligation, or liability, or affect on the issuance of their own bond financing. 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 24, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 42-21: MUNICIPAL ORDER ACCEPTING CONTRACT BETWEEN CITY OF HENDERSON AND SKINNER DESIGN ASSOCIATES, HENDERSON, KENTUCKY FOR PROFESSIONAL SERVICES RELATING TO THE SPORTS COMPLEX LOCATED OFF KENTUCKY HIGHWAY 812 (AIRLINE ROAD) IN THE AMOUNT OF $140,000.00, AND AUTHORIZING MAYOR TO EXECUTE CONTRACT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Staton, accepting the contract with Skinner Design Associates for professional services relating to the sports complex located off Kentucky Highway 812 (Airline Road) in the amount of $140,000.00. COMMISSIONER STATON asked if this facility might be large enough to accommodate the high school graduation ceremony and/or new offices for the Parks and Recreation department. DYLAN WARD, Project Manager, indicated that office space was included whether for the Parks department or for the leagues, and alternative uses are being looked at; however, the cost of the facility would ultimately determine the overall size of the facility. 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: May 25, 2021 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, indicated that he would like to acknowledge all of the efforts of Regenia, Francis and Connie keeping up with all of the new COVID cases, exposures, and hospitalizations. This has been an exceptionally hard week. ________________________ 134 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 DAWN KELSEY, City Attorney, asked for Board direction on the request to give the armory to the Boys & Girls Club. She indicated that in October 2020 the City received the armory building with restrictions that it could not be transferred. The intent was to lease the facility to the Boys & Girls Club; however, supporters were reluctant to donate funds for renovations of a leased facility. State officials are willing to release the restrictions so that the City can deed the property to the Boys & Girls Club if that is the desire of the Board. DISCUSSION WAS HELD relating to the benefits of having this organization in our community; if there would be any cost to the city-no cost to the city; that the Boys & Girls Club would be responsible for the renovations and upkeep of the facility; and that the required reversion clause is a right to revert and therefore could accommodate extenuating circumstances like the pandemic. It was the unanimous decision of the Board to have staff move forward with working with state officials to have the restrictions removed and transfer the deed to the Boys & Girls Club. ________________________ RE-APPOINTMENT: Parks and Recreation Commission: Mr. Bill Stevens, Chair – Term to Expire September 14, 2021 Motion by Commissioner Staton, seconded by Commissioner Thomas, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Bill Stevens to a four-year term on the Parks and Recreation Commission. Said term to expire September 14, 2025. 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: ________________________ APPOINTMENT: Parks and Recreation Commission: Motion by Commissioner Staton, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to appoint Ms. Brenna Caudill to a four-year term to replace Mrs. Emily Gilliam on the Parks and Recreation Commission. Said term to expire September 14, 2025. 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: ________________________ RE-APPOINTMENTS: Henderson City-County Human Rights Commission: Ms. Elizabeth Ahmadi – Term to Expire September 17, 2021 Motion by Commissioner Staton, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to re-appoint Ms. Elizabeth Ahmadi to a three-year term on the Henderson City-County Human Rights Commission. Said term to expire September 17, 2024.  135 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on August 24, 2021 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: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 3:35 p.m. ___________________________ ATTEST: Steve Austin, Mayor July 26, 2022 ______________________ Maree Collins, CKMC City Clerk