Board of Commissioners Meetings

141 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 14, 2021, at 3:00 p.m., prevailing time, in the third floor assembly room of the Municipal Center, 222 First Street, Henderson, Kentucky, 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. Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels 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. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Heath Cox, Police Chief Mr. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks, Recreation and Cemetery Director Mr. Ray Nix, Code Administrator Mr. Sam Lingerfelt, Safety & Training Coordinator Mr. Dylan Ward, Project Manager Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator Mr. Kevin Patton, the Gleaner (via Zoom video) ________________________ MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. ________________________ PRESENTATION: “Build a Pool Conference” DYLAN WARD, Project Manager, reported on the Build a Pool Conference that he attended with representatives of the Hendersonians for an Aquatic Center Committee relating to the financing, construction and ongoing maintenance of various indoor/outdoor pool facilities. DISCUSSION WAS HELD relating to the various types of facilities; the next steps in the process to determine sustainability of a facility; a feasibility study and the cost; and if there were any other entities that might be interested in partnering/funding of the project. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Resolutions: 67-21: Resolution Accepting Agreement Between City of Henderson and Commonwealth of Kentucky, Transportation Cabinet, Department of Highways Pertaining to the KY 425 (Henderson Bypass) Turn Lanes Project 142 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 68-21: Resolution Adopting and Approving the Execution of Supplemental Agreement No. 1 Between the City of Henderson and the Commonwealth of Kentucky Transportation Cabinet, Under the Federal Highway Administration (FHWA), for an Additional Amount of $7,072.00 for Archeological Work 69-21: Resolution Authorizing Lease of Parking Lot Located Next to the City of Henderson’s Henderson Area Rapid Transit (HART) Bus Garage at 401 N. Elm Street to Deaconess Hospital Henderson; and Authorizing the Mayor to Execute the Lease COMMISSIONER STATON asked that Resolution No. 68-21 be pulled off the Consent Agenda for further discussion. Motion by Commissioner Pruitt, seconded by Commissioner Staton, to approve the items on the Consent Agenda excepting Resolution No. 68-21. 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: September 14, 2021 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 68-21: RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, UNDER THE FEDERAL HIGHWAY ADMINISTRATION (FHWA), FOR AN ADDITIONAL AMOUNT OF $7,072.00 FOR ARCHEOLOGICAL WORK MOTION by Commissioner Staton, seconded by Commissioner Thomas, to approve the Supplemental Agreement with KYTC for additional funds for archeological work to complete the design phase of the Wathen Lane Upgrade Project. The original Agreement was entered into on July 22, 2019. DISCUSSION WAS HELD relating to the delays associated with the project and other aspects of the overall 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. /s/ Steve Austin Steve Austin, Mayor  143 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 ATTEST: September 14, 2021 Maree Collins, City Clerk ________________________ ORDINANCE NO. 31-21: FIRST READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 226, PAID HOLIDAYS, PARAGRAPH A, OF THE CITY OF HENDERSON EMPLOYEE MANUAL, TO PROVIDE EMPLOYEES ONE (1) ADDITIONAL CITY PAID HOLIDAY MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the ordinance be adopted. DISCUSSION WAS HELD relating to the proposed floating holiday concept; the holidays to be included in the ordinance; financial as well as other costs associated with the addition of two new holidays; and other aspects of this proposal. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to table Ordinance No. 31-21 for further discussion along with a proposed new benefits package at a future date. 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 TABLED on its first reading for further discussion at a future date. ________________________ ORDINANCE NO. 32-21: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN COLONIAL COTTAGE, SECTION 3 MOTION by Commissioner Pruitt, 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. ________________________ 144 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 ORDINANCE NO. 33-21: FIRST READ ORDINANCE AMENDING CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE 1, IN GENERAL, SEC. 20-1, APPROVAL REQUIRED FOR OBSTRUCTION, AND ADDING SECTION 20-1.1, SECTION 20-1.2, SECTION 20-1.3, AND SECTION 20-1.4 RELATING TO LICENSE AGREEMENTS FOR PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS WITHIN THE PUBLIC RIGHT OF WAY OF THE CENTRAL BUSINESS DISTRICT MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. DISCUSSION WAS HELD relating to the bond and/or escrow account dollar amounts and what/how these escrow account funds would be used, as well as other aspects of required future maintenance of the structure. MOTION by Commissioner Staton, seconded by Commission Pruitt, that the ordinance be amended as follows: Section 20-1.3 License agreement provision, c) A bond, the amount of which is set by the City of Henderson, or in the alternative, licensee may place twenty percent (20%) ten percent (l0%) of the cost of the structure in an approved escrow account in the name of the City of Henderson. Every five (5 ) years, licensee will add an additional five percent (5%) in the escrow account. The bond, or escrow, shall survive for the life of the structure. The vote was called on amending the ordinance. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Mayor Austin ------------- Aye: The vote was called on the amended ordinance. 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. 34-21: 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 POSITIONS IN THE POLICE DEPARTMENT MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. HEATH COX, Police Chief, explained that this amendment would allow the addition of a new Public Safety Officer position. The position duties have been previously discussed. A  145 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 secretarial position will remain open to off-set budget expenditures. A vehicle has been donated for this specific purpose with the City purchasing the striping package. 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. 35-21: FIRST READ ORDINANCE AMENDING PAY PLAN ORDINANCE ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH ADDS ONE (1) PUBLIC SAFETY OFFICER POSITION FOR THE HENDERSON POLICE DEPARTMENT; AND AMENDS POLICE HAZARDOUS DUTY GRADE AND SALARY RANGES 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. 70-21: RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION’S AMERICAN RESCUE PLAN ECONOMIC ADJUSTMENT ASSISTANCE AND COAL COMMUNITIES COMMITMENT FUNDS FOR THE HENDERSON MUNICIPAL GAS PIPELINE EXTENSION TO PRATT PAPER (3.0) LLC PROJECT IN THE AMOUNT OF $3,000,000.00 MOTION by Commissioner Staton, seconded by Commissioner Thomas, authorizing the submittal of a grant application to the Economic Development Administration’s American Rescue Plan Economic Adjustment Assistance and Coal Communities Commitment Funds for the Henderson Municipal Gas Pipeline Extension to Pratt Paper (3.0) LLC Project in the amount of $3,000,000.00. 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: 146 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 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: September 14, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 44-21: MUNICIPAL ORDER AWARDING BID FOR THE PURCHASE OF A 2022 F-150 4X4 SUPER CREW CAB PICKUP TRUCK FOR HENDERSON AREA RAPID TRANSIT (HART) TO TOWN AND COUNTRY FORD OF EVANSVILLE, INDIANA IN THE AMOUNT OF $36,465.00 MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to award the bid for purchase of a 2022 Ford F-150 4x4 Super Crew Cab Pickup Truck for Henderson Area Rapid Transit (HART) to Town and Country Ford of Evansville, Indiana in the amount of $36,465.00 pursuant to bid reference 21-21. 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: September 14, 2021 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 45-21: MUNICIPAL ORDER APPROVING THE LEASE REAL ESTATE BY AND BETWEEN THE CITY OF HENDERSON TO PRATT PAPER (KY), LLC MOTION by Commissioner Staton, seconded by Commissioner Pruitt, approving the execution of a Lease Agreement with Pratt Paper (KY), LLC for real property located on and near the Kentucky 425 Bypass. DAWN KELSEY, City Attorney, reported that this is a ‘bridge lease’ so that Pratt can begin work on the site prior to the official issuance of the Industrial Revenue Bonds. 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: September 14, 2021 Maree Collins, CKMC, City Clerk ________________________  147 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 MUNICIPAL ORDER NO. 46-21: MUNICIPAL ORDER APPROVING VOLUNTARY FINANCIAL INCENTIVE PROGRAM FOR CITY OF HENDERSON, KENTUCKY ADULT RESIDENTS WHO HAVE RECEIVED FULL DOSES OF COVID-19 VACCINE MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, approving a Voluntary Financial Incentive Program for City adult residents who have received full doses of COVID-19 vaccine. DAWN KELSEY, City Attorney, reported that due to a delay in receiving information relating to the required waivers, the dates for the Program will need to be amended from September 15, 2021 through October 15, 2021 to September 22, 2021 through October 22, 2021 on the municipal order. It was further reported that a mobile unit would be set up at the Housing Authority and that providers have agreed to distribute the gift cards once full doses of the vaccine have been completed. Motion by Commission Pruitt, seconded by Commissioner Staton to amend the dates of the program from September 15, 2021 through October 15, 2021 to September 22, 2021 through October 22, 2021. Further discussion was held relating to the dates of the program, upcoming vaccination clinics, advertisement of the program through social media, banners and yard signs at key locations, and radio ads. The vote was called on the amended municipal order. 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: September 14, 2021 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 47-21: MUNICIPAL ORDER APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND TIMOTHY CLAYTON, GAS SYSTEM DIRECTOR MOTION by Commissioner Staton, seconded by Commissioner Thomas approving the Employment Agreement between the City and Timothy Clayton to serve as Gas System Director on a full-time basis. 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: 148 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 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: September 14, 2021 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 71-21: RESOLUTION APPROVING AGREEMENT BETWEEN NANCY E. ROBERTS AND JOHN ROBERTS, AND BETH ANN FRANCIS AND JEFF FRANCIS (SELLERS) AND THE CITY OF HENDERSON (BUYER) TO ENTER INTO AN AGREEMENT FOR A DEED OF CORRECTION, IF NECESSARY, FOR THE PURCHASE OF APPROXIMATELY 298 ACRES ON AND ALONG THE KENTUCKY 425 BYPASS (PVA 46.19, 46-19.1 AND 46- 19.2); AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT ON BEHALF OF THE CITY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, approving the Agreement between Nancy E. Roberts and John Roberts, and Beth Ann Francis and Jeff Francis (Sellers) and the City of Henderson (Buyer) for a Deed of Correction, if necessary, for the purchase of approximately 298± acres on and along the Kentucky 425 Bypass (PVA 46.19, 46- 19.1 and 46-19.2). DAWN KELSEY, City Attorney, reported that the closing on the property has now been scheduled for tomorrow and the appraisal will not be completed by then, so it may be necessary to do a Deed of Correction to include the correct dollar amount of the donation. The dollar amount paid will not change, only the donation amount may change once the appraisal has been completed. This authorizes the Mayor to execute a Deed of Correction, if it is necessary. 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: September 14, 2021 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: SCOTT FOREMAN, Fire Chief, reported on the status of the award of the FEMA Assistance to Firefighter grant. The City has received notification of award of $46,000.00 for physical fitness equipment, training and mental health training activities. ________________________ WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that the estimate to fully repair the River Front Water Feature is approximately $500,000.00. This covers 1) securing the sight for construction, 2) removing all concrete and piping and 3) replacing much of the plumbing and equipment in the vault. The original contractor, Henry Sawyer, assisted with this estimate. Mr. Newman requested Commission Direction on the project. The Commissioners were unanimous to move forward with repair/refurbishment of the River Front Water Feature. ________________________  149 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 14, 2021 HEATH COX, Police Chief, requested Commission Direction on amending the departments Take Home Vehicle Policy to allow officers that live outside of Henderson County to be allowed to drive an assigned vehicle home. Chief Cox explained that this is one more tool in the recruiting/retention tool-kit. Other departments that we are in competition with allow similar take-home policies and he is hoping to keep us on level ground with like departments. The Commissioners were unanimous in supporting the recruitment/retention efforts of the Police department with this Policy change. ________________________ MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Vowels, 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 4:55 p.m. ___________________________ ATTEST: Steve Austin, Mayor July 26, 2022 ______________________ Maree Collins, CKMC City Clerk