Board of Commissioners Meetings

6 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, January 25, 2022, 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 Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels ABSENT: Commissioner Robert N. Pruitt, Sr. ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager (via Zoom Panelist) 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 and Recreation Director Mr. Scott Foreman, Fire Chief Ms. Jordan Webb, Emergency Communications Director (via Zoom Panelist) Mr. Cory Agnew, HFD Driver/Engineer Mr. Elijah Wright, HFD Firefighter Mr. Isaac Damrath, HDF Firefighter-in-Training Mr. Mark Doepel, Emergency Communications Officer Mr. Ray Nix, Code Administrator Mr. Sam Lingerfelt, Safety and Training Coordinator Mrs. Donna Madden, Administrative Secretary Mrs. Cindy Weiner, HFD Administrative Secretary Mr. David Wright, Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Tom Williams, Henderson Water Utility General Manager Mr. Mark Franklin, Dinsmore & Shohl LLP (via Zoom) Mr. Kevin Patton, the Gleaner ________________________ PRESENTATION: “Recognition of Emergency Services Personnel” SCOTT FOREMAN, Fire Chief, indicated that on January 12th the 9-1-1 Center received multiple calls reporting a structure fire, and then the Center received a very unusual call, from someone actually trapped in the basement of the burning building. Chief Foreman detailed how his department responded and how the communications officer handled getting valuable information on the person’s location and kept him talking and calm. Henderson is now part of a good statistic – one where the right equipment and personnel were ready and trained for to become one of the few statistics of survival. JORDAN WEBB, Emergency Communications Director, thanked Mark for his dedication and professionalism indicating that he is always ready when a call comes in. She also praised all the responding agencies for the teamwork shown.  7 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 MAYOR AUSTIN, presented Certificates of Appreciation and CHIEF FOREMAN, presented the Henderson Fire Department Lifesaving Medal to CORY AGNEW, Driver/Engineer who was Acting Lieutenant on scene, ELIJAH WRIGHT, Firefighter who was Acting Driver/Engineer, and administered lifesaving first aid on scene, ISAAC DAMRATH, Firefighter-in-Training, and MARK DOEPEL, Emergency Communications Officer, for their actions that led to this successful rescue. ________________________ ORDINANCE NO. 01-22: SECOND READ ORDINANCE AMENDING ARTICLE X-SIGNS AND OUTDOOR ADVERTISING DISPLAYS, EXHIBIT A-CITY OF HENDERSON SIGN ORDINANCE ZONING CHART ORDINANCE AMENDING ARTICLE X-SIGNS AND OUTDOOR ADVERTISING DISPLAYS, EXHIBIT A-CITY OF HENDERSON SIGN ORDINANCE ZONING CHART, OF APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: January 25, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 02-22: SECOND READ ORDINANCE REPEALING THE EMPLOYEE MANUAL FROM ORDINANCES OF THE CITY OF HENDERSON ORDINANCE REPEALING THE EMPLOYEE MANUAL FROM ORDINANCES OF THE CITY OF HENDERSON IN PREPARATION OF BEING ADOPTED AS A MUNICIPAL ORDER MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: January 25, 2022 Maree Collins, CKMC, City Clerk ________________________ 8 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 ORDINANCE NO. 03-22: SECOND READ ORDINANCE ADOPTING UPDATED CHAPTERS OF THE HENDERSON CITY- COUNTY COMPREHENSIVE PLAN ORDINANCE ADOPTING UPDATED CHAPTER TWO-POPULATION DATA & DEMOGRAPHICS, AND CHAPTER THREE-ECONOMIC DATA & DEMOGRAPHICS, OF THE HENDERSON CITY-COUNTY COMPREHENSIVE PLAN MOTION by Commissioner Vowels, seconded by Commissioner Thomas, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: January 25, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 04-22: FIRST READ AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON, KENTUCKY, AUTHORIZING THE ISSUANCE OF $320,000,000 AGGREGATE MAXIMUM PRINCIPAL AMOUNT OF ITS EXEMPT FACILITIES REVENUE BONDS (PRATT PAPER (KY), LLC PROJECT), SERIES 2022A AND B; AUTHORIZING THE PROCEEDS OF THE SERIES 2022 BONDS TO BE MADE AVAILABLE TO PRATT PAPER (KY), LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF AN INDUSTRIAL BUILDING; APPROVING THE SALE OF THE SERIES 2022 BONDS TO BOFA SECURITIES, INC., AS THE PURCHASER THEREOF; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE LEASE AGREEMENTS, AN INDENTURE OF TRUST, ONE OR MORE BOND PURCHASE AGREEMENTS, A PILOT AGREEMENT, AND OTHER RELATED DOCUMENTS; APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND AUTHORIZING FURTHER ACTION BY CITY OFFICIALS AND DIRECTING THEM TO TAKE ALL NECESSARY ACTION TO EFFECTUATE THE INTENT AND PURPOSE OF THIS ORDINANCE MOTION by Commissioner Staton, seconded by Commissioner Thomas, that the ordinance be adopted. DAWN KELSEY, City Attorney, gave a brief overview of the bond issuance and introduced Bond Counsel, Mark Franklin. MARK FRANKLIN, Bond Counsel with Dinsmore Shohl, LLP, explained that the bonds have two purposes – property tax abatement and payments in lieu of taxes to agencies other than the City and the County for the first twenty years - thereafter all agencies will receive property tax payments. Bonds will be sold on the public market and will be tax exempt under federal statutes to finance the project. He explained that because of federal bond volume cap limitations, two series, A and B will be issued, both will be tax exempt.  9 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 It was reiterated that the issuance of these bonds does not affect the City’s ability to issue bonds or its bond rating, and a public hearing is scheduled for next meeting before second reading of this ordinance, in compliance with federal guidelines. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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. ________________________ MUNICIPAL ORDER NO. 03-22: MUNICIPAL ORDER ADOPTING THE CITY OF HENDERSON EMPLOYEE MANUAL MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the City of Henderson employee manual. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: 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: January 25, 2022 Maree Collins, CKMC, City Clerk________________________ RESOLUTION NO. 01-22: RESOLUTION APPROVING LETTER OF NO OBJECTION TO NATIONAL PARK SERVICE REGARDING THE SUBMISSION OF AN HISTORIC PRESERVATION CERTIFICATION APPLICATION BY THE HENDERSON BOYS & GIRLS CLUB FOR THE PURPOSE OF REHABILITATION OF PROPERTY LOCATED AT 735 NORTH ELM STREET AND AUTHORIZING MAYOR TO SIGN LETTER ON BEHALF OF THE CITY MOTION by Commissioner Staton, seconded by Commissioner Thomas, approving the letter of no objection to the National Park Service regarding the submission of an historic preservation certification application by the Henderson Boys & Girls Club for the purpose of rehabilitation of property located at 735 North Elm Street. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin -------------- Aye: 10 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 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: January 25, 2022 Maree Collins, City Clerk ________________________ CITY ATTORNEY’S REPORT: “Ordinance Review – Riverfront 4 Zone” DAWN KELSEY, City Attorney, indicated that the General Assembly passed new legislation that all residential zones of a community must include “Family Child Care Home.” Currently all our residential zones include Family Child Care Home as a conditional use except for the Riverfront 4 (RF-4) zone. Staff is requesting permission to forward this change to the Planning Commission for the Zoning Ordinance to be updated to be in compliance with state statutes. MOTION by Commissioner Staton, seconded by Commissioner Vowels, approving forwarding this amendment to the Zoning Ordinances for this requested change to the Planning Commission for review Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin -------------- Aye: ________________________ COMMISSIONER’S REPORTS: MAYOR AUSTIN reported that he had again been asked about the status of the requested one-half funding of the $30,000.00 aquatic feasibility study. COMMISSIONER STATON indicated that it was his understanding that the aquatic group was to present their request to the school board so that the cost of the feasibility study could be split three ways – between the City, the County, and the school board – with the understanding that someone other than the City would take the lead on the project. COMMISSIONERS VOWELS and THOMAS agreed. ________________________ CITY MANAGER’S REPORT: DONNA STINNETT, Community Relations Manager/Public Information Officer, reminded everyone that a work session has been scheduled for February 1st at 5:00 p.m. here in the Municipal Center to be conducted jointly with the Water and Sewer Commission for discussion/review of upcoming major capital improvements/projects and PILOT payment. ________________________ 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 Staton ---- Aye: Commissioner Thomas--- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Absent: Mayor Austin -------------- Aye:  11 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on January 25, 2022 WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 3:30 p.m. ___________________________ ATTEST: Steve Austin, Mayor October 25, 2022 ______________________ Maree Collins, CKMC City Clerk