Board of Commissioners Meetings

14 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, February 8, 2022, 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 work session as a 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. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels 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. Scott Foreman, Fire Chief Mr. Trace Stevens, Parks and Recreation Director Mr. Ray Nix, Code Administrator Mrs. Donna Madden, Administrative Secretary Ms. Theresa Richey, Legal Secretary (via Zoom) Mr. Greg Nunn, Information Technology Director Mr. David Wright, Network Administrator II Mr. Bill Raleigh, IT Support Specialist Mr. Brian Bishop, Planning Commission Executive Director Ms. Jennifer Marks, Planning Commission Assistant Executive Director Mr. Tom Williams, Henderson Water Utility General Manager Ms. Missy Vanderpool, Henderson Economic Development Executive Director Mr. Mark Franklin, Partner, Dinsmore & Shohl, LLP (via Zoom Panelist) Mr. Larry Majors Rev. Charles Johnson, Human Rights Commission Executive Director Ms. Leslie Blanford, Police Officer Mr. Kevin Patton, the Gleaner (via Zoom) ________________________ MAYOR AUSTIN read a memorial remembrance to Carolyn Williams, retired City Clerk that passed last Friday, February 4, 2022. ________________________ PUBLIC HEARING: “Pratt Paper (KY), LLC Project Facilities Revenue Bonds” MAYOR AUSTIN declared the Public Hearing on Pratt Paper (KY), LLC Project Facilities Revenue Bonds opened and asked the City Clerk to read the public hearing notice relating to the issuance of Exempt Facilities Revenue Bonds in an aggregate amount not to exceed $320 million. Mayor Austin then asked if any member of the public or the Board had questions or would like to speak on the proposed use of these funds.  15 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 COMMISSIONER STATON asked if bond counsel would elaborate on how the issuance of these bonds would not affect the City’s borrowing capacity. MARK FRANKLIN, Dinsmore & Shohl LLP Partner, Bond Counsel, indicated that the Bonds will be payable solely and only by Pratt under Lease Agreements, the Mortgage and other collateral and will not constitute a debt or obligation of the City or be payable from any City funds or assets whatsoever. The issuance of these Bonds will not affect the City’s borrowing power in any way. There being no further discussion Mayor Austin declared the Public Hearing closed at approximately 3:06 p.m. ________________________ ORDINANCE NO. 04-22: SECOND 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. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: February 8, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 05-22: FIRST READ ORDINANCE REGARDING ANNEXATION AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, NEAR THE INTERSECTION OF OLD CORYDON ROAD AND KY HWY 425 BY-PASS, BEING A PORTION OF OLD CORYDON ROAD RIGHT-OF-WAY CONSISTING OF APPROXIMATELY 5.272 ACRES, A PORTION OF KY HWY 425 BY-PASS RIGHT-OF-WAY CONSISTING OF APPROXIMATELY 16.850 ACRES, AND A PORTION OF KY HWY 425 BY-PASS RIGHT- OF-WAY CONSISTING OF APPROXIMATELY 0.647 ACRES  16 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 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 ----- 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. ________________________ MUNICIPAL ORDER NO. 04-22: MUNICIPAL ORDER AUTHORIZING RELEASE OF SEWER LINE EASEMENT ON PROPERTY OCCUPIED BY CHAPELWOOD APARTMENTS LOCATED ON SOUTH MAIN STREET MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to authorize the release of a utility easement on property occupied by Chapelwood Apartments located on South Main Street. In 1954 a sewer line easement for a twenty-four-inch cast iron force main pipe from the Janalee Drive sewer pump station to the North Wastewater Treatment Plant on Drury Lane which crossed property now occupied by the Chapelwood Apartments complex was entered and during a 2014 Janalee Pump Station upgrade project the 1954 pipe was abandoned in place. The Water and Sewer Commission agree to abandon the line in place and release the associated easement by Resolution 2022-01 at their January 24, 2022 meeting. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: February 8, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 05-22: MUNICIPAL ORDER APPROVING PAY RATE FOR ATKINSON PARK POOL LIFEGUARDS MOTION by Commissioner Vowels, seconded by Commissioner Staton, to approve the increased pay rates of $10.00 per hour for lifeguards, $11.00 per hour for senior lifeguards, and $12.00 per hour for head lifeguard for Atkinson Park pool. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye:  17 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 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: February 8, 2022 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 02-22: RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY UNDER THE FIRE PREVENTION AND SAFETY PROGRAM, IN THE AMOUNT OF $143,925.00 WITH A 5% MATCH FOR THE FIRE DEPARTMENT, ACCEPTING GRANT IF AWARDED; AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTS MOTION by Commissioner Thomas, seconded by Commissioner Staton, authorizing submittal, and acceptance if awarded, of a grant application to FEMA under the Fire Prevention and Safety Program, in the amount of $143,925.00 with a 5% match for the fire department for public education and training, fire prevention props, signage for area businesses to enable fire personnel quick access to exits, smoke detectors to provide to residents in need, Community Risk Reduction Specialist training, and staffing hours for additional safety code compliance. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- 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: February 8, 2022 Maree Collins, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that with the pending retirement of Police Chief Heath Cox he will be making a recommendation on how to proceed in the near future. ________________________ CITY MANAGER NEWMAN thanked Missy Vanderpool for her assistance with the PFAS issue and reported that the next meeting is scheduled for 4:00 p.m. on February 28th.. ________________________ CITY MANAGER NEWMAN reported that Code Enforcement Administrator Ray Nix has announced his departure from employment with the City. He will stay on part-time to train his replacement and will then be working for Henderson Municipal Power & Light as project manager on their new facility project. ________________________  18 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 COMMISSIONER’S REPORTS: MAYOR AUSTIN reminded everyone of the work session scheduled for 3:00 p.m. next Tuesday, February 15th and the probable need for a very brief called meeting at the beginning of the work session. The topic of the work session will be an Update on the Henderson Police Department. ________________________ BOARD/COMMISSION RE-APPOINTMENT: Ethics Board: Mr. Ryan Nunn – Term to Expire February 14, 2022 MOTION by Commissioner Staton, seconded by Commissioner Pruitt, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Ryan Nunn to a term of two years on the Ethics Board. Said term to expire February 14, 2024. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: ________________________ BOARD/COMMISSION RE-APPOINTMENT: Board of Zoning Adjustment: Mr. J. Landon Overfield – Term to Expire February 24, 2022 Ms. Heather Knight – Term to Expire February 24, 2022 MOTION by Commissioner Thomas, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to re-appoint Mr. J. Landon Overfield and Ms. Heather Knight to terms of four years on the Board of Zoning Adjustment. Said terms to expire February 24, 2026. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: ________________________ BOARD/COMMISSION APPOINTMENT: City/County Planning Commission Mr. Frank Boyett – Unexpired Term to Expire June 01, 2023 MOTION by Commissioner Thomas, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to appoint Mr. Frank Boyett to fill the unexpired term of Mr. David Williams on the City/County Planning Commission. Said term to expire June 01, 2023. The vote was called. On roll call, the vote stood: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Mayor Austin ------------- Aye: ________________________  19 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on February 8, 2022 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, 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 ----- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:10 p.m. ___________________________ ATTEST: Steve Austin, Mayor November 15, 2022 ______________________ Maree Collins, CKMC City Clerk