Board of Commissioners Meetings

162 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, November 22, 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. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Robert N. Pruitt, Sr. (Logged on Late Via Zoom Panelist) Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels 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 Mrs. Connie Galloway, Human Resources Director Mr. Brian Williams, Public Works Director Mr. Scott Foreman, Fire Chief Mr. Sean McKinney, Police Chief Mr. Ryan Walenga, Police Major Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mrs. Dawn Winn, Assistant Finance Director Ms. Martina Aldridge, Occupational Tax Administrator Mr. Bill Raleigh, IT Support Specialist Mr. David Wright, IT Network Administrator II Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Ms. Barbara Moll, Henderson Municipal Power & Light Chief Financial Officer Mr. Brian Hardesty, Henderson Municipal Power & Light Chief Technology Officer Mr. Chuck Tucker, Henderson Municipal Power & Light Transmission & Distribution Director Mr. Tom Williams, Henderson Water Utility General Manager Mr. Todd Bowley, Henderson Water Utility Chief Financial Officer Ms. Susan Sauls, Volunteer & Information Center Executive Director/GAIN Initiative Ms. Mary Dunham, GAIN Initiative Mr. Stan Syra, Riney Hancock CPAs PSC Audit and Assurance Service Division Mr. Dwight Williams Mr. & Mrs. Matt Glick and Son Mr. Marty Wilson, Police Officer Members of the Police and Fire Department ________________________ PRESENTATION: “Henderson Water Utility Report on Audited Financial Statements for Fiscal Year Ended June 30, 2022” TODD BOWLEY, Henderson Water Utility Chief Financial Officer, and STAN SYRA, Riney Hancock CPAs PSC Audit and Assurance Service Division Senior Manager, gave a brief summary of the Independent Auditor’s Report that was completed by his firm for the City of Henderson Water and Sewer Commission. It was reported that the Henderson Water Utility had received an Unmodified Opinion, or a clean opinion, indicating that all internal controls were in place and all the financial statements are materially correct. Mr. Syra thanked HWU General Manager Tom Williams and HWU Chief Financial Officer Todd Bowley for the excellent job they and their staff do to make the process go so smoothly.  163 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 MOTION by Commissioner Staton, seconded by Commissioner Thomas, to accept the Water and Sewer Commission, Henderson Water Utility Report on Audited Financial Statements for Fiscal Year ended June 30, 2022, as presented. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Absent: Commissioner Staton ---- Aye: Commissioner Thomas -- Aye: Commissioner Vowels --- Aye: Mayor Austin ------------- Aye: ________________________ PRESENTATION: “GAIN Initiative” SUSAN SAULS, Volunteer and Information Center Executive Director/GAIN Initiative, and MARY DUNHAM, GAIN Initiative, presented information on a new program in Henderson that is a network of non-profit organizations designed to move our community forward together. This sixteen-week program for families is to provide assistance and guidance to teach them the skills to get out of poverty. Currently, there are 25+ non-profit agencies participating. Twelve families will begin the program in January. Even though the program is sixteen weeks, the families will continue to receive guidance for 18 to 24 months. MAYOR AUSTIN indicated that this sounds like a very worthwhile program and hopes to have updates in the future. ________________________ PRESENTATION: “GIFT Indoor Skateboarding Project” MATT GLICK, GIFT Executive Director, reported that he and his organization are creating a safe place for youth to enjoy a free, open to the public, indoor skatepark. MAYOR AUSTIN invited Mr. Glick back in the future to keep the Board apprised of progress on the project. ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: February 28, 2022, Special Called Meeting March 08, 2022, Regular Meeting March 15, 2022, Called Joint City/Utility Commission Work Session Resolutions and Municipal Orders: 39-22: Resolution Authorizing Acceptance of Grant in the Amount of $219,988.00 from the United States Department of Transportation, Federal Aviation Administration, for Airport Development on the Terminal Building Roof; and Authorizing Mayor to Execute all Necessary Documents on Behalf of the City of Henderson 40-22: Resolution Authorizing and Directing the City Attorney’s Office to Proceed with Action to Collect Outstanding Debts Owed to the City of Henderson, Including Judicial Action if Deemed Appropriate 71-22: Municipal Order Authorizing Purchase of a 2008 Ford 164 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 F350 4X4 Rescue/Utility Truck for the Fire Department From the Vischer Ferry Volunteer Fire Company/Vischer Ferry Fire District, Rexford, New York in the Amount of $35,000.00 MOTION by Commissioner Staton, seconded by Commissioner Vowels, 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 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 33-22: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF ROADWAYS IN RIVER’S EDGE NEW LOTS 3 & 4, AND REMAINING LOT 2 MOTION by Commissioner Thomas, 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 --- Abstain: 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: November 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 34-22: SECOND READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF ITS CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2023A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $21,625,000 (WHICH AMOUNT MAY BE INCREASED BY UP TO $2,165,000 OR DECREASED BY ANY AMOUNT) FOR THE PURPOSE OF FINANCING THE COSTS OF (I) THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF (A) A “FIBER TO HOME” INFRASTRUCTURE SYSTEM TO PROVIDE FIBER INTERNET AND VOICE SERVICES TO CUSTOMERS OF THE CITY’S MUNICIPAL ELECTRIC AND FIBER OPTIC UTILITY SYSTEM AND (B) AN ADVANCED METERING INFRASTRUCTURE SYSTEM FOR THE CITY’S ELECTRICAL GENERATION AND DISTRIBUTION FACILITIES, AND (II) THE CONVERSION OF CERTAIN EXISTING ABOVE GROUND ELECTRICAL FACILITIES TO UNDERGROUND ELECTRICAL FACILITIES; APPROVING THE FORM OF THE BONDS; AUTHORIZING DESIGNATED  165 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE OR NOTICES WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; ESTABLISHING A BOND PAYMENT FUND FOR THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES 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 ----- Nay: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- 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: November 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 35-22: SECOND READ ORDINANCE ADOPTING SCHEDULE OF ELECTRIC RATES AND SERVICES AN ORDINANCE APPROVING AND ADOPTING A SCHEDULE OF ELECTRIC RATES AND SERVICES FOR ELECTRIC POWER AND ENERGY FURNISHED BY HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS ADJUSTING THE RATES IN RESIDENTIAL SCHEDULE (SCHEDULE R); GENERAL SERVICE RATE SCHEDULE (SCHEDULE GS); HOUSING AUTHORITY, CHURCH AND PUBLIC SCHOOL RATE SCHEDULE (SCHEDULE HCS); DEMAND RATE SCHEDULE (SCHEDULE D); RESIDENTIAL DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE RDG); GENERAL SERVICE DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE GSDG); AND HOUSING AUTHORITY, CHURCH, AND PUBLIC DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE HCSDG); DEMAND DISTRIBUTED GENERATION RATE SCHEDULE (SCHEDULE DDG); PRIVATE RENTAL LIGHTING AND PUBLIC STREET LIGHTING SERVICE SCHEDULE (SCHEDULE SL); AND MISCELLANEOUS RATE SCHEDULE (SCHEDULE MISC); AND TO BECOME EFFECTIVE FOR ALL SERVICES BILLED ON AND AFTER JANUARY 1, 2023 MOTION by Commissioner Vowels, seconded by Commissioner Staton, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Pruitt ----- Nay: Commissioner Staton ----- Aye: Commissioner Thomas --- Aye: Commissioner Vowels --- 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: November 22, 2022 166 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 Maree Collins, CKMC, City Clerk ________________________ ORDINANCE NO. 36-22: FIRST READ ORDINANCE AMENDING PAY PLAN ORDINANCE AMENDING AND ADOPTING A REVISED JOB CLASSIFICATION AND PAY PLAN FOR THE CITY OF HENDERSON WHICH ELIMINATES THE POSITION OF FIRE CAPTAIN AND ADDS THE POSITION OF FIRE DIVISION CHIEF IN THE FIRE DEPARTMENT; AND INCREASES THE ANNUAL PAY OF HAZARDOUS DUTY EMPLOYEES BY FIVE THOUSAND DOLLARS ($5,000) AND INCREASES THE PAY OF NON-HAZARDOUS DUTY EMPLOYEES BY THREE PERCENT (3%) MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. DISCUSSION WAS HELD relating to the need to retain and recruit employees; competing with not only the private sector, but surrounding police and fire departments; expenses are going up for everyone and this has been a tough year for our employees; and the cost of the pay increase is estimated at $1.3 million and will be funded through an increase in the business and occupational license fees; and that we are only as good as the people that protect us. 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. 37-22: FIRST READ ORDINANCE RELATING TO BUSINESS AND OCCUPATIONAL LICENSE FEES AN ORDINANCE AMENDING SECTION 21-33 OCCUPATIONAL LICENSE TAX PAYMENT REQUIRED OF ARTICLE III, BUSINESS AND OCCUPATIONAL LICENSE FEES, BY CHANGING THE RATE OF OCCUPATIONAL LICENSE TAX FOR COMPENSATION PAID OR PAYABLE FOR WORK DONE OR SERVICES PERFORMED OR RENDERED IN THE CITY BY AN EMPLOYEE FROM ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%) TO ONE AND SIXTY FIVE HUNDREDTHS (1.65%); AND CHANGING THE RATE OF THE NET PROFITS FROM ONE AND FORTY NINE HUNDREDTHS PERCENT (1.49%) TO ONE AND SIXTY FIVE HUNDREDTHS (1.65%) ($60,000)] BEGINNING JANUARY 1, 2023 WHICH WILL BE PRO-RATED BEGINNING JANUARY 1, 2023 TO DECEMBER 31, 2023, AND AMENDING SECTION 21-48 BEGINNING DATE OF THIS ORDINANCE TO JANUARY 1, 2023 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:  167 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 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. ________________________ MUNICIPAL ORDER NO. 72-22: MUNICIPAL ORDER AUTHORIZING LEASE OF THE FORMER JEFFERSON ELEMENTARY SCHOOL BETWEEN THE BOARD OF EDUCATION OF HENDERSON COUNTY AND THE CITY OF HENDERSON; AND AUTHORIZING MAYOR TO EXECUTE THE LEASE MOTION by Commissioner Staton, seconded by Commissioner Thomas, to approve the lease with the Board of Education of Henderson County for the former Jefferson Elementary School facility; and authoring the Mayor to execute the Lease. 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 municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 22, 2022 Maree Collins, CKMC, City Clerk ________________________ RESOLUTION NO. 41-22: RESOLUTION AUTHORIZING DONATION BY THE CITY OF A STREET SWEEPER TO HENDERSON COUNTY FISCAL COURT, KENTUCKY MOTION by Commissioner Thomas, seconded by Commissioner Vowels, to authorize the donation by the City of a streetsweeper to Henderson County Fiscal Court. 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 resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: November 22, 2022 Maree Collins, CKMC, City Clerk ________________________ CITY MANAGER’S REPORT: WILLIAM L. “BUZZY” NEWMAN, JR., City Manager, announced that there would be need for a special called meeting on December 8th. ________________________ 168 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on November 22, 2022 COMMISSIONER’S REPORTS: COMMISSIONER PRUITT wished everyone a Happy Thanksgiving. ________________________ BOARD/COMMISSION APPOINTMENT: “City Utility Commission” Vacancy – Term Expired April 25, 2022 MOTION by Commissioner Staton, seconded by Commissioner Thomas, upon recommendation of Mayor Steve Austin, to appoint Eric Gardner to a term of three years on the City Utility Commission. Said term to expire April 25, 2025. 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: ________________________ BOARD/COMMISSION APPOINTMENT: “Parks and Recreation Commission” Vacancy (Bill Stevens Resigned Due to Election) – Unexpired Term to Expire September 14, 2025 MOTION by Commissioner Thomas, seconded by Commissioner Staton, upon recommendation of Mayor Steve Austin, to appoint Tre Perkins to the unexpired term of Bill Stevens on the Parks and Recreation Commission. Said term to expire September 14, 2025. 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: ________________________ 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 4:00 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 22, 2022 ______________________ Maree Collins, CKMC City Clerk