Board of Commissioners Meetings

60 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 26, 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. This meeting was conducted as a video teleconference meeting as allowed under KRS 61.826. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Rodney Thomas Commissioner Austin P. Vowels Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton 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. Trace Stevens, Parks Recreation & Cemetery Director Mr. Sean McKinney, Police Chief Mrs. Connie Galloway, Human Resources Director Mr. Dylan Ward, Project Manager (via zoom Panelist) Mr. Sam Lingerfelt, Safety and Training Coordinator Mrs. Donna Madden, Administrative Secretary Mr. Victor Carson, Network Administrator I Mr. Travis Owens, Programmer/Analyst Mr. Tom Williams, General Manager, Henderson Water Utility Mr. Bart Boles, Henderson Water Utility Project Engineer Dr. Wanda Figueroa-Peralta, River Valley Behavioral Health Ms. Marsha Lowry, LPP, River Valley Behavioral Health Ms. Mary Kay Lamb, River Valley Behavioral Health Ms. Jessica Pierce, River Valley Behavioral Health Mr. Benji Marrs, BimGroup Senior Vice President (via Zoom Panelist) Captain Benny Carringer, Salvation Army ________________________ PROCLAMATION: “Arbor Day” MAYOR AUSTIN proclaimed Friday, April 29, 2022, as “Arbor Day” in the City of Henderson and urged all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program. ________________________ PRESENTATIONS: “River Valley Behavioral Health Announcement” DR. WANDA FIGUEROA-PERALTA of River Valley Behavioral Health announced that they were the recipients of grants funds that will allow them to expand services to the youth of the community. A safe place for 16 to 25-year-olds to access services such as career guidance and enhanced mental health services. This youth facility will not be in competition with other facilities in the area, this is only one of nine of this type in the state. The second part to the expanded services, is the addition of 14 individual beds at a recovery home for women. ________________________  61 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 PUBLIC HEARING: “Outside Agency Funding Appeals” MAYOR AUSTIN declared the Public Hearing on Outside Agency Funding to order at approximately 3:20 p.m. and asked if any comments were received or if anyone would like to speak to appeal the recommendation of the Agency Funding Ad-Hoc Committee for the fiscal year commencing July 1, 2023. CAPTAIN BENNY CARRINGER, Salvation Army, reported that over 150,000 meals have been served since the beginning of the pandemic in March of 2020. Take out meals have been provided six days a week, serving 325 to 450 meals per day. Due to the increase in food prices, the cost of take-out boxes and the increase in meals provided, he is requesting a one-time grant of $15,000.00 to support the program. He indicated that he would be making a similar request from Henderson County Fiscal Court in the near future. MAYOR AUSTIN polled the Commissioners, and all were in favor of the one-time grant for this very worthy program. The City Manager and Finance Director will make the appropriate amendment to the draft budget. COMMISSIONER STATON, Agency Funding Ad Hoc Committee Member, reported that due to budgetary constraints, the recommendation is for some agencies to receive less than requested, however, it is recommended that all applicants will receive at least a portion of what was requested, and that city staff has been working with those affected agencies to help them find other funding sources. Hearing no other comments, the Mayor declared the public hearing closed at approximately 3:27 p.m. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: May 18, 2021, Called Work Session May 21, 2021, Called Commission Meeting May 25, 2021, Regular Meeting Municipal Orders: 31-22: Municipal Order Awarding Bid for Interior/Exterior Painting of Various City Facilities to Roberson Services of Henderson, Kentucky 32-22: Municipal Order Approving Amendment No. 1 to Water and Wastewater Service Agreement Between the City of Henderson, Water and Sewer Commission of the City of Henderson D/B/A Henderson Water Utility, and Pratt Paper (KY), LLC; and Authorizing Mayor to Execute Amendment No. 1 to the Agreement 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 Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: 62 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 09-22: SECOND READ ORDINANCE AMENDING APPENDIX A - ZONING AN ORDINANCE AMENDING ARTICLE II-DEFINITIONS, SEC. 2.01, DEFINITIONS, AND ARTICLE XVI, R-MH, MANUFACTURED HOME DISTRICT, SEC. 16.03, CONDITIONAL USES, OF APPENDIX A, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON RELATING TO RECREATIONAL VEHICLES AND RECREATIONAL VEHICLE COMMUNITIES MOTION by Commissioner Thomas, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 10-22: FIRST READ ORDINANCE CLOSING PUBLIC RIGHT-OF-WAY ALONG EIGHTH STREET AN ORDINANCE CLOSING PUBLIC RIGHT-OF-WAY WHICH IS APPROXIMATELY 9.75 FEET WIDE BY 131 FEET LONG ALLEYWAY LOCATED IN THE CITY OF HENDERSON AND RUNNING BETWEEN 405 AND 415 EIGHTH STREET AND APPROXIMATELY 12 FEET WIDE BY 65 FEET LONG ALLEYWAY RUNNING WEST TO EAST ALONG THE NORTH PROPERTY LINE OF 415 EIGHTH STREET AS PART OF THE CONSOLIDATION OF PROPERTIES MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted. WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, reported that a concrete parking lot now covers a portion of this alleyway from when a mini-golf course was located on the property. The new owners have agreed to designate a new alleyway at a different location in the consolidation of the properties. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye:  63 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 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. 11-22: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN AND BUDGETED POSITIONS ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN BY RECLASSIFYING THE RECORDS TECHNICIAN POSITION IN THE POLICE DEPARTMENT TO CRIME ANALYST/RECORDS TECHNICIAN; AND AMENDING BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE 2021-2022 BUDGET MOTION by Commissioner Thomas, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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. 33-22: MUNICIPAL ORDER AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON’S STOP/LOSS COVERAGE (REINSURANCE) MOTION by Commissioner Vowels, seconded by Commissioner Staton, to award the contract for renew of the City of Henderson’s stop/loss coverage (reinsurance). BENJI MARRS, BimGroup Senior Vice President, reported on the actions taken in order to award this contract. The current carrier came in with a rate increase of only 3.5% with a slight increase in the deductible amount from $175,000.00 to $200,000.00, in part due to the loss claims running less than the premium paid. If this holds through the end of June, the City will receive a return on the premium of approximately $106,000.00. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ 64 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 MUNICIPAL ORDER NO. 34-22: MUNICIPAL ORDER AWARDING BID FOR ASPHALT PAVING AND RELATED STREET MAINTENANCE SERVICES TO E & B PAVING, LLC OF CHANDLER, INDIANA MOTION by Commissioner Staton, seconded by Commissioner Thomas, to award the bid for asphalt paving and related street maintenance services to E & B Paving, LLC of Chandler, Indiana, in strict accordance with their bid as submitted pursuant to Bid Reference 22- 10. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 35-22: MUNICIPAL ORDER AWARDING BID FOR CEMENT CONCRETE FOR CITY PROJECTS TO IRVING MATERIALS, INC., OF HENDERSON, KENTUCKY MOTION by Commissioner Vowels, seconded by Commissioner Staton, to award the bid for cement concrete for city projects to Irving Materials, Inc. of Henderson, Kentucky, in strict accordance with their bid as submitted pursuant to Bid Reference 22-11. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 36-22: MUNICIPAL ORDER APPROVING CHANGE ORDER #1 TO THE DEMOLITION AND RECONSTRUCTION BID AWARD FOR 452 S. ADAMS STREET BETWEEN THE CITY OF HENDERSON AND ADAMS CONSTRUCTION IN THE AMOUNT OF $19,654.00 MOTION by Commissioner Vowels, seconded by Commissioner Thomas, to approve Change Order #1 to the demolition and reconstruction bid award for 452 S. Adams Street between the City of Henderson and Adams Construction, Municipal Order 20-22 dated March 22, 2022, in the amount of $19,654.00. The vote was called. On roll call, the vote stood:  65 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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: April 26, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: Commission direction sought on the request from the Henderson Leadership Juneteenth Celebration Committee, as presented at the April Work Session, for financial assistance for their first Juneteenth Celebration. MOTION by Commissioner Staton, seconded by Commissioner Pruitt, approving the request, as previously discussed at the April Work Session, from the HLI Juneteenth Celebration Committee of $2,500.00 in support of the event to be conducted June 19th in Central Park. Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: ________________________ TOM WILLIAMS, Henderson Water Utility General Manager, reported on the revised Plat for the Pratt project, indicating that the lease approved previously was for two water towers to be built on two small lots, Lot 1B and 1C have now been designated and will remain the City’s property; however, Pratt will pay for the water towers to be built through the monthly fee calculation. This project will increase the water pressure in the entire area including the Riverport area. The remaining approximately 60 acres is tillable and will be farmed. ________________________ CITY ATTORNEY’S REPORT: DAWN KELSEY, City Attorney, gave a brief update on the revised expenses for the Entertainment Destination Center which includes the addition of two police officers with associated equipment during Permitted events. Staff is currently drafting agreements for participating businesses to review to determine their participation and responsibilities. It was recommended to have staff meet with those businesses to review the costs and benefits of how to make the program successful. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER THOMAS thanked all the Lion’s Club volunteers and participants for another great Tri-Fest. ________________________ COMMISSIONER PRUITT thanked the Commission for supporting the Juneteenth Celebration event. ________________________ 66 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on April 26, 2022 COMMISSIONER STATON requested that staff provide an incremental bidding process schedule for the City’s infrequent business streams to ensure that we are receiving the best prices for the best services. ________________________ EXECUTIVE SESSION: “Litigation” MOTION by Commissioner Thomas, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(c) for the purpose of discussion of litigation on behalf of the city. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session. ________________________ MEETING RECONVENED: MOTION by Commissioner Staton, seconded by Commissioner Thomas, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- 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 Thomas -- Aye: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ---- Aye: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 4:55 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 13, 2022 ______________________ Maree Collins, CKMC City Clerk