Board of Commissioners Meetings

179 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 9, 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 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 Mrs. Connie Galloway, Human Resources Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Ray Nix, Code Administrator Mrs. Theresa Richey, Administrative Liaison Ms. Donna Madden, Administrative Secretary Mr. Greg Nunn, Information Technology Director Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, IT Network Administrator Mr. Tom Williams, Henderson Water Utility General Manager Rev. Charles Johnson, Henderson Human Rights Commission Executive Director Ms. Deborah Hoda, NAACP President Ms. Kaycee Garner Mr. Jordan Enge Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ 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: 59-21: Municipal Order Accepting School Resource Officer Memorandum of Understanding Between the City of Henderson and Henderson County Board of Education; and Authorizing the Mayor to Execute on Behalf of the City Resolutions: 79-21: Resolution Accepting the Opioid Abatement Allocation Agreement Kentucky Local Government Entities; and Authorizing the Mayor to Execute Agreement on Behalf of the City of Henderson of the Board of Commissioners of the City of Henderson 180 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 Motion by Commissioner Staton, seconded by Commissioner Pruitt, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 9, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 40-21: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED IN CANOE CREEK II, SECTION I, ARROW WAY MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: November 9, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 41-21: SECOND READ ORDINANCE AMENDING PORTION OF FISCAL YEAR 2022 HENDERSON WATER UTILITY BUDGET ORDINANCE AMENDING HENDERSON WATER UTILITY BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE FISCAL YEAR 2021-2022 BUDGET CREATING ONE (1) HWU WATER TREATMENT PLANT MANAGER POSITION; ADDING ONE (1) HWU WATER TREATMENT OPERATOR II POSITION; RECLASSIFYING (IN NAME ONLY) THE HWU TREATMENT MANAGER POSITION TO HWU TREATMENT SUPERINTENDENT MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye:  181 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 Commissioner Vowels --- 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: November 9, 2021 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 42-21: SECOND READ ORDINANCE AMENDING PAY PLAN ORDINANCE ADOPTING A REVISED CITY OF HENDERSON JOB CLASSIFICATION AND PAY PLAN WHICH ADDS ONE (1) HWU WATER TREATMENT PLANT MANAGER POSITION AND RECLASSIFIES/RENAMES THE HWU TREATMENT MANAGER POSITION TO HWU TREATMENT SUPERINTENDENT MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: November 9, 2021 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 80-21: RESOLUTION TO MAKE VETERANS DAY AND JUNETEENTH NATIONAL INDEPENDENCE DAY OBSERVED CITY OF HENDERSON EMPLOYEE HOLIDAYS MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, authorizing the addition of Veterans Day and Juneteenth National Independence Day to City of Henderson employee observed holidays. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- 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: November 9, 2021 Maree Collins, City Clerk ________________________ 182 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 CITY MANAGER’S REPORT: DAWN KELSEY, City Attorney, reported that OSHA regulations/Kentucky OSHA rules relating to COVID-19 vaccinations require that a Plan must be in place by December 5, 2021, and become effective January 4, 2022. She indicated that while there is a chance that a court will determine against this, we should move forward with a Plan in the event it will become necessary, as fines for noncompliance are very high. There are two options to the Plan. The first would be to include an exemption for religious or medical objections; the second could include an opt-out provision. Employees that opt-out of vaccination would be COVID-19 tested weekly- this can be at the employees own expense, and those employees must wear masks. It was recommended that a letter to employees informing of these mandatory OSHA regulations be sent prior to the implantation date. ________________________ DAWN KELSEY, City Attorney, reported on the need for a clarification of the definition of Graffiti in our Code of Ordinances. An ordinance will be presented at the next meeting ________________________ RECOGNITION OF VISITORS: REVEREND CHARLES JOHNSON, Henderson Human Rights Commission Executive Director, announced that the upcoming panel on Community Policing would be rescheduled due to a conflict with the Boys and Girls Club of Henderson event. ________________________ REPORT: DONNA STINNETT, Community Relations Manager/Public Information Officer, gave a brief update on the most recent news release on Shamrock and PFAS, a group of chemicals. Late last year Shamrock self-reported that they found these chemicals. Recently the Federal Government has started looking at these chemicals, however, they are not regulated at this time. Mrs. Stinnett reported that our research group may be the first of its kind in Kentucky and consists of members from the local health department, economic development, the Riverport, Henderson Water Utility, and other community members. The group is working with the Cabinet to keep the community abreast of the most recent findings/happenings. Shamrock and the Cabinet have been very cooperative. TOM WILLIAMS, Henderson Water Utility General Manager, reported that in 2011 it became known that PFAS and other chemicals were in the drinking water and has been addressing these issues openly at their board meetings for all these years. The EPA has no regulations on these chemicals but made a recommendation of 70 parts per trillion in drinking water. With our current testing processes we have these chemicals at 12 p/t in raw river water and 5 p/t in finished drinking water. That is less than a tenth of the current recommendation. Currently there is no science to tell us what is safe, some of these chemicals are no longer made or in use, but they remain in our water supply system all along the Ohio River from the east coast. Henderson is in compliance now and can be in the future if a lower number is set. Mr. Williams continued that there are approximately 750,000 chemicals with only 60 currently regulated. Federal regulators are presently in the factfinding process and may make further recommendations within the next year. Ms. KAYCEE GARNER, and Mr. JORDAN ENGE, made statements regarding their concern on items from the newspaper article. ________________________ CITY COMMISSIONER’S REPORT: COMMISSIONER PRUITT congratulated the Commission for voting on the addition of paid holidays of Veterans Day (long overdue) and Juneteenth for our city workers. ________________________  183 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 COMMISSIONER THOMAS thanked Tom Williams, Henderson Water Utility General Manager, on a great report, and vowed to remain as transparent as possible on these issues. ________________________ MAYOR AUSTIN asked DONNA STINNETT, Community Relations Manager/Public Information Officer, to report on the County’s COVID-19 vaccination rates - Henderson County is now 50.72% overall, with 62% of those 18 and over and 86.3% of those 65 and over vaccinated. EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions KRS 61.810(1)(b) for the purpose of deliberation on the possible purchase of property located in the vicinity of U.S. Highway 60 and the Kentucky 425. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ 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 Pruitt ----- Aye: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: 184 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 9, 2021 WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:55 p.m. ___________________________ ATTEST: Steve Austin, Mayor September 13, 2022 ______________________ Maree Collins, CKMC City Clerk