Board of Commissioners Meetings

83 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, June 14, 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 allowed under KRS 61.826. Boy Scout Troop 50 attended in honor of Flag Day and 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 (Arrived Late) 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 Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resources Director Mr. Sean McKinney, Police Chief Mr. Trace Stevens, Parks Recreation & Cemetery Director Mr. Sam Lingerfelt, Safety and Training Coordinator Ms. Dawn Winn, Assistant Finance Director Mr. Nicholas Mangarella, Assistant Fire Chief Mr. Mark Simmons, Recreation Program Manager Mrs. Donna Madden, Administrative Secretary Mr. Bill Raleigh, IT Support Specialist Mr. Victor Carson, Network Administrator I Mr. Travis Owens, Programmer/Analyst Mr. Tom Williams, General Manager, Henderson Water Utility Ms. Trisha Corino and Boy Scout Troop #50 Ms. Sherida McFarland Pastor Jeff Hesley, Robards Missionary Baptist Church Mr. Steve Eddleman, World Changers Mrs. Marquita Butler Rev. Charles Johnson, Human Rights Commission Executive Director ________________________ PRESENTATION: “25-Year Service Award” MAYOR AUSTIN expressed appreciation to Mark Simmons, Recreation Program Manager for his 25 years of service and dedication to the City of Henderson. MARK SIMMONS, Recreation Program Manager, expressed his appreciation for the opportunity to work at a job that he so enjoys. ________________________ PROCLAMATIONS: “World Changers Week” MAYOR AUSTIN explained that this group of approximately 190 youth volunteers comes into our community and spends a week helping neighbors with exterior work to homes by installing windows, doors, siding, roofing, decks, wheelchair ramps, and painting in all sorts of weather. He thanked the World Changer volunteers and their sponsors on behalf of the City Commission and the entire community for their support and participation in making such a positive change in our community. 84 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 Pastor JEFF HESLEY, Robards Missionary Baptist Church, and STEVE EDDLEMAN, World Changers, were present to accept the proclamation. ________________________ PRESENTATION: “Volunteer Award” TAMMY WILLETT-SPEAKS, Community Development Specialist, presented Mrs. Marcheta Butler with a Volunteer Award plaque honoring her late husband, Reverend Larry Butler’s good works in the community particularly with the World Changers program. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: July 13, 2021, Regular Meeting July 20, 2021, Work Session Resolutions: 14-22: Resolution Approving Memorandum of Understanding Between Henderson Community College, KCTCS and the City of Henderson, Kentucky (Police Department) 15-22: Resolution Granting Property Reassessment Moratorium for McDaniel Commercial Properties LLC for Property Located at 104 N. Water Street, Henderson Kentucky Municipal Orders: 42-22: Municipal Order Authorizing Acceptance of Grant in the Amount of $1,262,510.00 from the United States Department of Transportation, Federal Aviation Administration to Henderson City-County Airport for Runway Extension and Road Relocation; and Authorizing the Mayor to Execute all Necessary Documents 43-22: Municipal Order Awarding Contract for Renewal of City of Henderson’s Organ Transplant Policy and UMR (Third Party Administrator) 44-22: Municipal Order Amending the Wellness Addendum of the City of Henderson Group Health Plan 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: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2022 Maree Collins, CKMC, City Clerk ________________________  85 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 ORDINANCE NO. 13-22: SECOND READ BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2022, AND ENDING JUNE 30, 2023, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Pruitt, seconded by Commissioner Thomas, 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: June 14, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 14-22: SECOND READ BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENCING JULY 1, 2022, AND ENDING JUNE 30, 2023, 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 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: June 14, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 15-22: 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 Vowels, seconded by Commissioner Pruitt, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Thomas -- Aye: 86 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 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. ________________________ ORDINANCE NO. 16-22: FIRST READ ORDINANCE AMENDING JOB CLASSIFICATIONS AND PAY PLAN ORDINANCE APPROVING AMENDMENT TO JOB CLASSIFICATIONS AND PAY PLAN FOR NON-HAZARDOUS DUTY POSITIONS, FIRE HAZARDOUS DUTY POSITIONS, AND POLICE HAZARDOUS DUTY POSITIONS FOR FISCAL YEAR 2023 MOTION by Commissioner Vowels, 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. 45-22: MUNICIPAL ORDER APPROVING THREE PERCENT (3%) COST OF LIVING ADJUSTMENT (COLA) FOR NON-HAZARDOUS DUTY EMPLOYEES, FIRE HAZARDOUS DUTY EMPLOYEES, POLICE HAZARDOUS DUTY EMPLOYEES, AND ELECTED OFFICIALS EFFECTIVE JULY 1, 2022 MOTION by Commissioner Staton, seconded by Commissioner Thomas, to approve the three-percent Cost of Living Adjustment for Non-Hazardous Duty, Fire Hazardous Duty, Police Hazardous Duty and Elected Officials effective July 1, 2022. 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: June 14, 2022 Maree Collins, CKMC, City Clerk ________________________ MUNICIPAL ORDER NO. 46-22: MUNICIPAL ORDER AUTHORIZING DEED AND EASEMENTS BETWEEN THE CITY OF HENDERSON (GRANTOR) AND BIG RIVERS ELECTRIC CORPORATION  87 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 (GRANTEE), AND PRATT PAPER (KY) LLC (TENANT); AND AUTHORIZING MAYOR TO EXECUTE THE DEED AND EASEMENTS ON BEHALF OF THE CITY OF HENDERSON MOTION by Commissioner Thomas, seconded by Commissioner Vowels, authorizing the deed and easements between the City and Big Rivers Electric Corporation, and Pratt Paper (KY) LLC, and authorizing Mayor to execute the deed and easements 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: June 14, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: “Rezoning #1128 – 2601 Hwy 60 East” WILLIAM L. “BUZZY” NEWMAN, Jr., City Manager, reported that the Planning Commission has acted upon the request for rezoning for the property located at 2601 Highway 60 East containing approximately 4.75 acres from Medium Density Residential District (R-2) to General Business District (GB), after conducting public hearings and producing findings of fact at their regular June 7, 2022, meeting. The Zoning Map Amendments shall become final on Thursday, June 29, 2022, unless an aggrieved party or the Board of Commissioners files written notice with the Planning Commission within the allotted twenty-one-day time period to have the Board of Commissioners make the final decision. The deadline for filing written notice is June 28, 2022. ________________________ MARK SIMMONS, Recreation Program Manager, reported that the Riverfront Water Feature is completed and should be inspected on either Wednesday or Thursday. The temporary fencing should be removed later this week and safety procedures have been revamped. Mark further reported that all the contractors did a great job and worked well together. WILLIAM L. NEWMAN, JR., City Manager, thanked Mark for his hard work on this project that was above and beyond his regular duties. ________________________ CITY ATTORNEY’S REPORT: DAWN KELSEY, City Attorney, reminded everyone of the upcoming mass foreclosure sales next Wednesday at 10:30 a.m. at the Judicial Center. Three of the five properties up for sale have houses on them. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER THOMAS sent out a thank you in advance for all the Handy Festival volunteers that work year-round on making this a great festival for our community. ________________________ 88 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 COMMISSIONER VOWELS apologized for coming in late and thanked the Boy Scout Troop for attending the meeting. ________________________ COMMISSIONER PRUITT invited everyone to the Juneteenth Celebration scheduled for this Sunday, June 19th in Central Park from 4:00 – 7:00 p.m., and thanked members of the police department for their assistance to his wife when she was returning home with her brother from a doctor’s appointment. ________________________ SEAN MCKINNEY, Police Chief, reported that a Fatherhood Initiative Father/Son basketball game has been scheduled for Saturday, June 25th at the JFK Center. So far, they anticipate 50 to 100 participants. There will be food, basketballs, t-shirts, all donated for the event. ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Civil Service Commission” Mr. Chad Phillips – Term to Expire June 1, 2022 MOTION by Commissioner Staton, seconded by Commissioner Thomas, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Chad Phillips to a term of three years on the Civil Service Commission. Said term to expire June 1, 2025. 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: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “City/County Planning Commission” Mr. Mac Arnold – Term to Expire June 1, 2022 MOTION by Commissioner Staton, seconded by Commissioner Thomas, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Mac Arnold to a term of four years on the Henderson City/County Planning Commission. Said term to expire June 1, 2026. 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: ________________________ BOARD/COMMISSION RE-APPOINTMENT: “Code Enforcement Board” Mr. Tim Skinner – Term to Expire June 30, 2022 MOTION by Commissioner Thomas, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to re-appoint Mr. Tim Skinner to a term of three years on the Code Enforcement Board. Said term to expire June 30, 2025. 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: ________________________  89 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on June 14, 2022 EXECUTIVE SESSION: “Real Property & 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)(b) for the purpose of deliberation on the possible purchase of property located in the vicinity of U.S. Highway 41N, U.S. Highway 60E, and Barrett Boulevard and KRS 61.810(1)(c) for the purpose of deliberation on proposed 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 Pruitt, 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 4:20 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 13, 2022 ______________________ Maree Collins, CKMC City Clerk