Board of Commissioners Meetings

187 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 23, 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 Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Mark Simmons, Recreation Program Manager Mrs. Connie Galloway, Human Resources Director Mr. Ray Nix, Code Administrator Mr. Jeff Putman, Municipal Facilities Superintendent Mr. Dylan Ward, Project Manager Mr. Sam Lingerfelt, Safety & Training Coordinator Mrs. Donna Madden, Administrative Secretary Mr. Greg Nunn, Information Technology Director Mr. David Wright, IT Network Administrator II Mr. Travis Owens, IT Programmer/Analyst Mr. Bill Sevens, Parks and Recreation Commission Mr. John Coomes Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. Tony Hatton, KY Environmental Protection (via Zoom Panelist) Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ MAYOR AUSTIN announced to the audience that hanging at the back of the room was the newly adopted City flag, designed by Jaxson Matthews. ________________________ PRESENTATIONS: “Kentucky Department for Environmental Protection” TONY HATTON, Kentucky Department for Environmental Protection, gave an in depth report on the Kentucky Department for Environmental Protection and community environmental issues specific to PFAS and PFOA. Mr. Hatton reported that there are a variety of compounds in general polyfluoroalkyl substances – known as PFAS, which are widely used, long lasting chemicals, components of which break down very slowly over time. There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products. This makes it challenging to study and assess the potential human health and environmental risks. EPA researchers and partners across the country are working to answer critical questions about how to better and more efficiently detect and measure PFAS in the air, water, soil, and fish and wildlife in order to better manage and dispose of PFAS. Until that time there are no EPA standards only a recommendation of 70 parts per trillion in drinking water. 188 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 In 2018 Shamrock self-reported the issues that they were having. Subsequently testing wells at various sites on and off their property were conducted and a mitigation/containment strategy was implemented. The mitigation plan for removal of the sludge pit was completed and the Department and Shamrock continue to assess the ongoing issues and modify mitigation/containment strategies as necessary. Mr. Hatton reiterated that the levels of PFAS in the Ohio River water are fairly low and considered ambient levels. The levels of PFAS in the drinking water for Henderson and the surrounding area is well below the current recommended levels and shows no evidence of contamination from the Shamrock site. Mr. Hatton will continue to meet with the newly formed community working group on this issue. ________________________ PRESENTATIONS: “Downtown Tree Replacement Plan” TRACE STEVENS, Parks, Recreation, Cemeteries Director, gave a brief update on Phase I of the Downtown Tree Replacement Plan. He indicated that data had been collected on the approximately 125 trees in the Central Business District. One-half are at a point that they need to be replaced within the next five years. Phase I will start along Second Street to replace six trees and add seven new trees. Funding for this phase of the project will come from the Parks department as well as the Vision Plan. The Board of Commissioners voiced their approval of this Plan. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Resolutions: 81-21: Resolution Adopting and Approving the Execution of Supplemental Agreement No. 2 Between the City of Henderson and the Commonwealth of Kentucky Transportation Cabinet, Under the Federal Highway Administration (FHWA), for an Additional Amount of $335,000.00 for Right-of-Way Phase and $622,118.40 for the Utility Phase of the Wathen Lane Upgrade Project Resolutions: 82-21: Resolution Authorizing Submittal of a Grant Application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Under the Assistance to Firefighters Grant Program in the Amount of $179,296.00 with a 10% Match, Accepting Grant if Awarded, and Authorizing the Mayor to Sign all Necessary Documents 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 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 23, 2021 Maree Collins, CKMC, City Clerk________________________  189 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 ORDINANCE NO. 43-21: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF THE SPRINGWOOD DRIVE STREET EXTENSION MOTION by Commissioner Thomas, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 44-21: FIRST READ ORDINANCE AMENDING EMPLOYEE MANUAL ORDINANCE AMENDING ARTICLE 226, PAID HOLIDAYS, OF THE CITY OF HENDERSON EMPLOYEE MANUAL TO ADD VETERANS DAY AND JUNETEENTH NATIONAL INDEPENDENCE DAY AS PAID HOLIDAYS MOTION by Commissioner Pruitt, seconded by Commissioner Staton, 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 45-21: FIRST READ ORDINANCE AMENDING CODE OF ORDINANCES REGARDING THE ADOPTION OF BASIC PROPERTY MAINTENANCE CODE AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE V, PROPERTY MAINTENANCE CODE, SECTION 7-184, ADOPTION OF BASIC PROPERTY MAINTENANCE CODE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON TO BECOME EFFECTIVE UPON LEGAL ADOPTION 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: 190 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 Commissioner Vowels --- 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. 46-21: FIRST READ ORDINANCE AMENDING PAY PLAN ORDINANCE APPROVING AMENDMENT TO PAY PLAN PROVIDING A THREE PERCENT (3%) INCREASE FOR NON-HAZARDOUS DUTY AND FIRE HAZARDOUS DUTY EMPLOYEES EFFECTIVE AT THE BEGINNING OF PAY PERIOD ON DECEMBER 27, 2021 MOTION by Commissioner Staton, 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: Commissioner Vowels --- 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. 47-21: FIRST READ ORDINANCE AMENDING PAY PLAN ORDINANCE ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH ADDS AN OCCUPATIONAL TAX TECHNICIAN CLASSIFICATION 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 48-21: 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 FINANCE AND GAS DEPARTMENTS MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the ordinance be adopted.  191 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 49-21: FIRST READ ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE AN ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2021, AND ENDING JUNE 30, 2022 FOR THE CITY OF HENDERSON, KENTUCKY 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 on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ CITY MANAGER’S REPORTS: RAY NIX, Code Enforcement Administrator, gave an update on the Contractor Licensing Program. He reported that Tradesmen are licensed through the state, and that this draft document had not been through legal review or word smithed yet. The proposed fees are in line with others around the state. The Program proposed some type of City Sticker for contractor vehicles and/or maybe hard hats. ________________________ JEFF PUTMAN, Municipal Facilities Superintendent, and MARK SIMMONS, Recreation Program Supervisor, gave a brief update on the Riverfront Water Feature Project. They reported that it was necessary to replace all 44 boxes and that the Memorial Wall had to be removed due to an 8” pipe running under it. ________________________ DYLAN WARD, Project Manager, gave a brief update on Fire Station Architect/Engineering Contract Agreement. He reported that over the past couple of months negotiations with the desired design architect have not gone as planned. He and the Committee are requesting permission to move on to the next vendor for negotiations. DISCUSSION WAS HELD relating to the Request for Qualifications process; the negotiations process; and the amount of time necessary if this were to start over for new qualified firms-six months or more could be added to the process. The Board of Commissioners agreed to continue the negotiations process and move on to the next qualified vendor. ________________________ 192 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 23, 2021 DAWN KELSEY, City Attorney, reported that a request from Shamrock Technologies for an Access Agreement for their expanded testing process had been received and that City Manager Newman had agreed to the expanded testing process on City owned property. ________________________ CITY ATTORNEY’S REPORT: DAWN KELSEY, City Attorney, gave a report on the need for an OSHA mandated COVID-19 Vaccination Plan even though multiple court districts have put this on hold, staff continues to work on the Plan so that it would be ready in the event it becomes effective. ________________________ COMMISSIONER’S REPORTS: MAYOR AUSTIN AND ALL THE COMMISSIONERS wished everyone a Happy Thanksgiving holiday. ________________________ 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: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:10 p.m. ___________________________ ATTEST: Steve Austin, Mayor September 27, 2022 ______________________ Maree Collins, CKMC City Clerk