Board of Commissioners Meetings

153 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, September 28, 2021, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in 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 Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. Heath Cox, Police Chief Mr. Scott Foreman, Fire Chief Mr. Greg Nunn, IT Director Mr. Ray Nix, Code Administrator Mrs. Dawn Winn, Assistant Finance Director Mrs. Nancy Stone, Parking Enforcement Officer Mr. Victor Carson, IT Network Administrator Mr. Travis Owens, IT Programmer/Analyst Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP Mr. Chris Heimgartner, HMPL General Manager Mr. Randall Redding, Utility Commission Attorney Ms. Lindsay Locasto, DHP Executive Director Mr. Kevin Patton, the Gleaner (via Zoom video) ________________________ MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Municipal Orders: 49-21: Municipal Order Authorizing Submittal of a Grant Application to the Kentucky Fire Commission in the Amount of $25,000.00 to Complete Training Grounds Project, and Accepting Grant if Awarded 50-21: Municipal Order Authorizing Submittal of a FEMA Hazard Mitigation Grant in the Amount of $52,950.00 for the Purchase of Two (2) Boats and a Double Stack Trailer for the Henderson Fire Department, and Accepting Grant if Awarded 51-21: Municipal Order Approving the Retaining of Robert W. Baird & Co. Inc., Milwaukee, Wisconsin, to Provide Financial Advisor Services for Financing of Bonds to Construct and Equip a 154 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 New Henderson Municipal Power & Light Administration Building and Transmission and Distribution Center as Well as Renovation to Various Electrical Facilities, and Authorizing City Manager to Execute Agreement and All Related Documents Resolution: 72-21: Resolution of the Board of Commissioners of the City of Henderson, Kentucky Authorizing the Redemption, Payment and Discharge of the City’s Electric System Revenue Bonds, Series 2011A and Electric System Revenue Bonds, Series 2011B; Authorizing the Deposit of Existing Electric Utility System Funds of the City in the Debt Service Fund for the Series 2011A Bonds and the Series 2011B Bonds in an Amount Sufficient, When Combined with Existing funds Held Therein, to Redeem, Pay and discharge the Series 2011A Bonds and the Series 2011B Bonds on Their Earliest Practical Respective Redemption Date(s); Authorizing the Execution and Delivery of All Additional Documents or Certificates Necessary to Achieve the Redemption of the Series 2011A Bonds and the Series 2011B Bonds; and Taking Related Actions COMMISSIONER PRUITT asked that Resolution No. 72-21 be pulled off the Consent Agenda for further discussion. Motion by Commissioner Staton, seconded by Commissioner Vowels, to approve the items on the Consent Agenda excepting Resolution No. 72-21. 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 28, 2021 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 72-21: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE REDEMPTION, PAYMENT AND DISCHARGE OF THE CITY’S ELECTRIC SYSTEM REVENUE BONDS, SERIES 2011A AND ELECTRIC SYSTEM REVENUE BONDS, SERIES 2011B; AUTHORIZING THE DEPOSIT OF EXISTING ELECTRIC UTILITY SYSTEM FUNDS OF THE CITY IN THE DEBT SERVICE FUND FOR THE SERIES 2011A BONDS AND THE SERIES 2011B BONDS IN AN AMOUNT SUFFICIENT, WHEN COMBINED WITH EXISTING FUNDS HELD THEREIN, TO REDEEM, PAY AND DISCHARGE THE SERIES 2011A BONDS AND THE SERIES 2011B BONDS ON THEIR EARLIEST PRACTICAL RESPECTIVE REDEMPTION DATE(S); AUTHORIZING THE EXECUTION AND DELIVERY OF ALL ADDITIONAL DOCUMENTS OR CERTIFICATES NECESSARY TO ACHIEVE THE REDEMPTION OF THE SERIES 2011A BONDS AND THE SERIES 2011B BONDS; AND TAKING RELATED ACTIONS MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing the redemption, payment, and discharge of Electric System Revenue Bonds, Series 2011A in the principal amount of $11,350,000.00 and Series 2011B in the principal amount of $3,670,000.00.  155 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 CHRIS HEIMGARTNER, Henderson Municipal Power and Light General Manager, gave a brief overview of the proposed transaction that would save approximately $134,000.00 by redeeming the bonds at this time. 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 28, 2021 Maree Collins, City Clerk ________________________ ORDINANCE NO. 36-21: FIRST READ ORDINANCE AMENDING CHAPTER 21, TAXATION AN ORDINANCE AMENDING CHAPTER 21, TAXATION OF THE CITY OF HENDERSON CODE OF ORDINANCES BY ADDING SECTION 21-2 ADMINISTRATIVE HOLD TO ARTICLE I, IN GENERAL MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. DAWN KELSEY, City Attorney, summarized the proposed ordinance. The new policy would require any person, business, or entity to pay any and all property taxes, fines, violations, delinquent occupational taxes, net profit taxes, insurance premium taxes, tourism taxes or any other taxes owed to the city or its agencies before any license, permit, or other approval is issued by the 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 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. 37-21: FIRST READ ORDINANCE AMENDING BUSINESS AND OCCUPATIONAL LICENSE FEES ORDINANCE AMENDING CHAPTER 21-TAXATION, ARTICLE III-BUSINESS AND OCCUPATIONAL LICENSE FEES, SEC. 21-31 DEFINITIONS AND SEC. 21-32- OCCUPATIONAL LICENSE APPLICATION AND CERTIFICATE REQUIRED TO REQUIRE NON-LOCAL BUSINESSES TO POST A CASH BOND AT THE TIME OF REGISTRATION MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. 156 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 DISCUSSION WAS HELD relating to the details of the requirements and other aspects of the ordinance. WILLIAM L. NEWMAN, JR., City Manager, reported that staff has made progress on developing a contractor registration program and plans to bring that along with a request for additional staff time to enforce the program and this ordinance in the near future. 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. 38-21: FIRST READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2021B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $18,055,000.00 (WHICH AMOUNT MAY BE INCREASED BY UP TO $1,805,000.00 OR DECREASED BY ANY AMOUNT) FOR THE PURPOSES OF (A) FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (I) REAL PROPERTY, REAL PROPERTY IMPROVEMENTS, AND RELATED PERSONAL PROPERTY CONSTITUTING A NEW ADMINISTRATION BUILDING AND TRANSMISSION AND DISTRIBUTION CENTER FOR THE CITY’S ELECTRICAL GENERATION AND DISTRIBUTION FACILITIES (THE “SYSTEM”) TO BE LOCATED ON A PARCEL OF APPROXIMATELY EIGHT ACRES ALONG BARRETT BOULEVARD IN HENDERSON, KENTUCKY, (II) AN ADVANCED METERING INFRASTRUCTURE SYSTEM FOR THE SYSTEM, (III) THE CONVERSION OF CERTAIN EXISTING ABOVE GROUND ELECTRICAL FACILITIES TO UNDERGROUND ELECTRICAL FACILITIES, AND (IV) THE REPLACEMENT OF UTILITY POLES, (B) PAYING COSTS OF CREDIT ENHANCEMENT, IF ANY, AND (C) PAYING THE COSTS OF ISSUANCE OF THE BONDS; 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 THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES. AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2021B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $18,055,000.00 (WHICH AMOUNT MAY BE INCREASED BY UP TO $1,805,000.00 OR DECREASED BY ANY AMOUNT( FOR THE PURPOSES OF (A) FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (I) REAL PROPERTY, REAL PROPERTY IMPROVEMENTS, AND RELATED PERSONAL PROPERTY CONSTITUTING A NEW ADMINISTRATION BUILDING AND TRANSMISSION AND DISTRIBUTION CENTER FOR THE CITY’S ELECTRICAL GENERATION AND DISTRIBUTION FACILITIES (THE “SYSTEM”) TO BE LOCATED ON A PARCEL OF APPROXIMATELY EIGHT ACRES ALONG BARRET BOULEVARD IN HENDERSON, KENTUCKY, (II) AN ADVANCED METERING INFRASTRUCTURE SYSTEM FOR THE SYSTEM, (III) THE CONVERSION OF CERTAIN EXISTING ABOVE GROUND ELECTRICAL FACILITIES TO UNDERGROUND ELECTRICAL FACILITIES, AND (IV) THE REPLACEMENT OF UTILITY POLES, (B) PAYING COSTS OF CREDIT  157 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 ENHANCEMENT, IF ANY, AND (C) PAYING THE COSTS OF ISSUANCE OF THE BONDS; 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 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 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. 39-21: FIRST READ ORDINANCE ESTABLISHING THE OFFICE OF SAFETY OFFICER ORDINANCE ADDING SEC. 22-2.1 ESTABLISHMENT OF THE OFFICE OF SAFETY OFFICER AND AUTHORITY OF SAFETY OFFICERS AND AMENDING SECTION 22-3 TO ADD SAFETY OFFICER TO CHAPTER 22 TRAFFIC AND MOTOR VEHICLE, ARTICLE I IN GENERAL, SECTION 22-3 OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS AND SAFETY OFFICERS MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. DISCUSSION WAS HELD relating to the new non-hazardous Safety Officer position duties and responsibilities; and if warranted in the future the number of positions could be increased. 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. 73-21: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON, KENTUCKY DECLARING THE CITY’S INTENT TO REIMBURSE ITSELF FOR THE COST OF CAPITAL EXPENDITURES FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS 158 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to declare the City’s intent to reimburse itself for the cost of capital expenditures from the proceeds of the tax- exempt bond proceeds. 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 28, 2021 Maree Collins, City Clerk ________________________ MUNICIPAL ORDER NO. 52-21: MUNICIPAL ORDER ACCEPTING CONTRACT BETWEEN CITY OF HENDERSON AND VPS ARCHITECTURE, EVANSVILE, INDIANA FOR PROFESSIONAL SERVICES RELATING TO THE SPORTS COMPLEX LOCATED OFF KENTUCKY HIGHWAY 812 (AIRLINE ROAD) IN THE AMOUNT OF $278,600.00; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY MOTION by Commissioner Staton, seconded by Commissioner Thomas, to accept the contract with VPS Architecture, Evansville, Indiana for professional services relating to the Sports Complex located off Kentucky Highway 812 (Airline Road) in the amount of $278,600.00. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that one more contract would be awarded in the future for the indoor facility to be located at the complex. 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 28, 2021 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 53-21: MUNICIPAL ORDER ACCEPTING CONTRACT BETWEEN CITY OF HENDERSON AND HARRELL-FISCH INC. EVANSVILLE, INDIANA, FOR THE REPLACEMENT OF PIPING AND MECHANICAL SYSTEMS AT THE RIVERFRONT WATER FEATURE IN AN AMOUNT NOT TO EXCEED $395,000.00; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY  159 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, to accept the contract with Harrell-Fisch Inc. Evansville, Indiana, for the replacement of piping and mechanical systems at the Riverfront Water Feature in an amount not to exceed $395,000.00, pursuant to the proposal dated September 8, 2021. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that demolition work will begin shortly with concrete removal later this week. The overall footprint will be the same, however while replacing piping, we will review to determine if pump capacity can be increased. 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 28, 2021 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: LINDSAY LOCASTO, Downtown Henderson Partnership Executive Director, reported on the social media complaints relating to parking in the Central Business District and indicated that parking was extended from two to three hours with scatter tickets from ten to seven times recorded within a week after the last time this topic came up a few years ago. In addition, five free vouchers per year are provided for each business annually to use for customers or employees that receive tickets. There are several new merchants in the downtown that were not a part of the discussion when the extended parking hours were implemented, and she suggested that her group would again review this issue with the merchants. NANCY STONE, Parking Enforcement Officer, reported on how the scatter ticket ordinance is enforced and explained that she runs the reports on each Monday and that day or the first time she runs across that vehicle the scatter ticket is then issued. She further reported that employees of downtown businesses are moving spaces everyday to try to avoid getting a ticket and end up over the scatter parking limit for the week. It averages three to four scatter tickets per week. DISCUSSION WAS HELD relating to the number of scatter tickets – three to four each week; options for appointing each business one parking space; possibly allowing each business owner a designated parking space – some areas do not have enough parking spaces available to accomplish that and still have spaces available for customers; and the possibility of a trial of not enforcing parking at all to see what might happen. MAYOR AUSTIN suggested that any action wait until Ms. Locasto returns with a recommendation from the downtown businesses. It was anticipated that the recommendation would be heard at the first meeting in October. ________________________ 160 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on September 28, 2021 BOARD/COMMISSION RE-APPOINTMENT: Municipal Housing Commission: Ms. Stephanie Chrisman – Term to Expire September 30, 2021 Motion by Commissioner Pruitt, seconded by Commissioner Thomas, upon recommendation of Mayor Steve Austin, to re-appoint Ms. Stephanie Chrisman to a term of four years on the Municipal Housing Commission. Said term to expire September 30, 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: ________________________ BOARD/COMMISSION APPOINTMENT: Henderson Tourist Commission (Joint w-County) Ms. Kelsey Hargis – Unexpired Term to Expire June 30, 2023 Motion by Commissioner Thomas, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to appoint Ms. Kelsey Hargis to fill the unexpired term of Ms. Kathy Morgan on the Henderson Tourist Commission. Said term to expire June 30, 2023. 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 4:20 p.m. ___________________________ ATTEST: Steve Austin, Mayor August 9, 2022 ______________________ Maree Collins, CKMC City Clerk